Dipak Misra

Union Territories and Democratic Governance: Supreme Court Interprets Article 239AA of the Constitution (July 4, 2018)

LEGAL ISSUE: The balance of power between the Lieutenant Governor and the elected government in the National Capital Territory of Delhi. CASE TYPE: Constitutional Law, Administrative Law. Case Name: Government of NCT of Delhi vs. Union of India & Another Judgment Date: July 4, 2018 Can a Union Territory have a government that truly represents […]

Union Territories and Democratic Governance: Supreme Court Interprets Article 239AA of the Constitution (July 4, 2018) Read Post »

Supreme Court clarifies “service” under Bihar Panchayat Raj Act: Janakdhari Prasad Case (03 July 2018)

Supreme Court on Disqualification of Panchayat Member: Janakdhari Prasad Case (2018) LEGAL ISSUE: Whether an Assistant Government Pleader is considered “in service” of the State Government, leading to disqualification from holding a Panchayat Samiti membership. CASE TYPE: Election Law, specifically concerning disqualification of Panchayat members. Case Name: State Election Commissioner, Bihar Patna & others v.

Supreme Court clarifies “service” under Bihar Panchayat Raj Act: Janakdhari Prasad Case (03 July 2018) Read Post »

Supreme Court Clarifies “Use of Motor Vehicle” in Accident Claims: Kalim Khan vs. Fimidabee (2018)

Supreme Court Clarifies “Use of Motor Vehicle” in Accident Claims: Kalim Khan vs. Fimidabee (2018) LEGAL ISSUE: Interpretation of “use of motor vehicle” under Section 165 of the Motor Vehicles Act, 1988, in the context of accident claims. CASE TYPE: Motor Vehicle Accident Compensation Case Name: Kalim Khan & Others vs. Fimidabee & Others Judgment

Supreme Court Clarifies “Use of Motor Vehicle” in Accident Claims: Kalim Khan vs. Fimidabee (2018) Read Post »

Supreme Court Directs States to Adopt Model Rules for Consumer Fora: State of Uttar Pradesh vs. All U.P. Consumer Protection Bar Association (2018)

Supreme Court Directs States to Adopt Model Rules for Consumer Fora: State of Uttar Pradesh vs. All U.P. Consumer Protection Bar Association (2018) LEGAL ISSUE: Ensuring uniform rules for Consumer Fora across India. CASE TYPE: Consumer Protection Case Name: State of Uttar Pradesh vs. All U.P. Consumer Protection Bar Association Judgment Date: May 18, 2018

Supreme Court Directs States to Adopt Model Rules for Consumer Fora: State of Uttar Pradesh vs. All U.P. Consumer Protection Bar Association (2018) Read Post »

Supreme Court Upholds Different Retirement Ages for Assistant and Public Prosecutors: Kerala Case (2018)

Supreme Court Upholds Different Retirement Ages for Assistant and Public Prosecutors: Kerala Case (2018) LEGAL ISSUE: Whether Assistant Public Prosecutors are entitled to the same retirement age as Public Prosecutors. CASE TYPE: Service Law Case Name: The Kerala Assistant Public Prosecutors Association vs. The State of Kerala and Ors. Judgment Date: 17 May 2018 Date

Supreme Court Upholds Different Retirement Ages for Assistant and Public Prosecutors: Kerala Case (2018) Read Post »

Supreme Court Clarifies Refund Terms for Super Bazar Revival Bidder: Writers and Publishers Pvt Ltd vs. A K Mishra (2018)

Supreme Court Clarifies Refund Terms for Super Bazar Revival Bidder: Writers and Publishers Pvt Ltd vs. A K Mishra (2018) LEGAL ISSUE: Interpretation of refund terms in a court-monitored revival process. CASE TYPE: Corporate Insolvency/Revival. Case Name: M/S Writers and Publisher Pvt Ltd vs. A K Mishra, Official Liquidator, The Cooperative Stores Ltd. Super Bazar.

Supreme Court Clarifies Refund Terms for Super Bazar Revival Bidder: Writers and Publishers Pvt Ltd vs. A K Mishra (2018) Read Post »

Supreme Court Clarifies Jurisdiction in Mortgage Disputes Under SARFAESI Act: State Bank of India vs. Allwyn Alloys Pvt. Ltd. (2018)

Supreme Court Clarifies Jurisdiction in Mortgage Disputes Under SARFAESI Act: State Bank of India vs. Allwyn Alloys Pvt. Ltd. (2018) Date of the Judgment: May 17, 2018 Citation: 2018 INSC 445 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a civil court interfere in matters related to secured assets under the

Supreme Court Clarifies Jurisdiction in Mortgage Disputes Under SARFAESI Act: State Bank of India vs. Allwyn Alloys Pvt. Ltd. (2018) Read Post »

Supreme Court Upholds Insurer’s Right to Avoid Liability for Vehicles Without Permits: Amrit Paul Singh vs. Tata AIG General Insurance (2018)

Supreme Court Upholds Insurer’s Right to Avoid Liability for Vehicles Without Permits Date of the Judgment: May 17, 2018 Citation: (2018) INSC 425 Judges: Dipak Misra, CJI., A.M. Khanwilkar, J. Can an insurance company avoid liability if the insured vehicle did not have a valid permit at the time of the accident? The Supreme Court

Supreme Court Upholds Insurer’s Right to Avoid Liability for Vehicles Without Permits: Amrit Paul Singh vs. Tata AIG General Insurance (2018) Read Post »

Supreme Court Upholds Bail in Rape Case, Enhances Bond: Ms. X vs. State of Telangana (2018)

Supreme Court Upholds Bail in Rape Case, Enhances Bond: Ms. X vs. State of Telangana (2018) LEGAL ISSUE: Whether the High Court was correct in granting bail to the accused in a rape case and whether supervening circumstances warrant cancellation of bail. CASE TYPE: Criminal Case Name: Ms. X vs. The State of Telangana and

Supreme Court Upholds Bail in Rape Case, Enhances Bond: Ms. X vs. State of Telangana (2018) Read Post »

Supreme Court clarifies use of Parliamentary Committee Reports in Public Interest Litigations (2018)

Supreme Court Clarifies Use of Parliamentary Committee Reports in Public Interest Litigations (2018) LEGAL ISSUE: Admissibility and use of Parliamentary Standing Committee reports in court proceedings. CASE TYPE: Public Interest Litigation, Constitutional Law Case Name: Kalpana Mehta and others v. Union of India and others Judgment Date: May 9, 2018 Introduction Date of the Judgment:

Supreme Court clarifies use of Parliamentary Committee Reports in Public Interest Litigations (2018) Read Post »

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018)

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) LEGAL ISSUE: Interpretation of arbitration clauses in insurance policies, specifically when the insurer denies liability. CASE TYPE: Arbitration Law, Insurance Law Case Name: Oriental Insurance Company Limited vs. M/s Narbheram Power and Steel Pvt. Ltd. Judgment Date: May 02, 2018

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) Read Post »

Supreme Court Partially Allows Appeal for Compensation Under Section 140 of Motor Vehicles Act: Nishan Singh vs. Oriental Insurance Company (27 April 2018)

Supreme Court Partially Allows Appeal for Compensation Under Section 140 of Motor Vehicles Act: Nishan Singh vs. Oriental Insurance Company (2018) LEGAL ISSUE: Whether the Motor Accident Claims Tribunal (MACT) was correct in dismissing the claim petition for compensation due to the absence of rash and negligent driving by the truck driver, and whether the

Supreme Court Partially Allows Appeal for Compensation Under Section 140 of Motor Vehicles Act: Nishan Singh vs. Oriental Insurance Company (27 April 2018) Read Post »

Scroll to Top