Dipak Misra

Supreme Court overturns contributory negligence finding in motor accident case: Dinesh Kumar vs. National Insurance Co. Ltd (2017)

LEGAL ISSUE: Whether a claimant’s failure to produce a driving license automatically implies contributory negligence in a motor accident case. CASE TYPE: Motor Accident Compensation. Case Name: Sri Dinesh Kumar. J @ Dinesh J vs. National Insurance Co. Ltd & Ors. Judgment Date: 15 December 2017 Introduction Date of the Judgment: 15 December 2017 Citation: […]

Supreme Court overturns contributory negligence finding in motor accident case: Dinesh Kumar vs. National Insurance Co. Ltd (2017) Read Post »

Supreme Court Upholds Freezing of Bank Accounts in Gujarat Riot Funds Case: Teesta Setalvad & Ors. vs. State of Gujarat (2017) INSC 1069 (15 December 2017)

LEGAL ISSUE: The central legal issue is the extent of the power of police officers to seize bank accounts under Section 102 of the Code of Criminal Procedure, 1973, particularly when those accounts are suspected to be linked to a crime. CASE TYPE: Criminal. Case Name: Teesta Atul Setalvad vs. The State of Gujarat. Judgment

Supreme Court Upholds Freezing of Bank Accounts in Gujarat Riot Funds Case: Teesta Setalvad & Ors. vs. State of Gujarat (2017) INSC 1069 (15 December 2017) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Land Dispute: Harpal Singh vs. Ashok Kumar (2017)

LEGAL ISSUE: Whether a civil court has jurisdiction over a land dispute when the land’s agricultural character is contested under the Delhi Land Reforms Act, 1954. CASE TYPE: Civil Appeal Case Name: Harpal Singh vs. Ashok Kumar & Anr [Judgment Date]: 15 December 2017 Date of the Judgment: 15 December 2017 Citation: CIVIL APPEAL NO.

Supreme Court Upholds Civil Court Jurisdiction in Land Dispute: Harpal Singh vs. Ashok Kumar (2017) Read Post »

Supreme Court Directs Uniform Consumer Protection Rules: State of UP vs. All UP Consumer Protection Bar Association (2017)

LEGAL ISSUE: Ensuring uniform rules and infrastructure for consumer protection forums across India. CASE TYPE: Public Interest Litigation (PIL) related to consumer protection. Case Name: State of UP through Principal Secretary & Ors. vs. All U.P. Consumer Protection Bar Association. Judgment Date: 15 December 2017 Can the Supreme Court direct the central government to create

Supreme Court Directs Uniform Consumer Protection Rules: State of UP vs. All UP Consumer Protection Bar Association (2017) Read Post »

Supreme Court Directs Search Engines to Curb Sex Selection Ads: Dr. Sabu Mathew George vs. Union of India (2017)

LEGAL ISSUE: The core legal issue revolves around the interpretation and implementation of Section 22 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, specifically concerning the prohibition of advertisements related to sex selection on the internet. CASE TYPE: Public Interest Litigation Case Name: Dr. Sabu Mathew George vs. Union of

Supreme Court Directs Search Engines to Curb Sex Selection Ads: Dr. Sabu Mathew George vs. Union of India (2017) Read Post »

Supreme Court Overturns Delhi High Court in Child Custody Battle: Prateek Gupta vs. Shilpi Gupta (2017)

LEGAL ISSUE: Whether the principle of comity of courts and the doctrines of “intimate contact” and “closest concern” should take precedence over the welfare of the child in international child custody disputes. CASE TYPE: Family Law, Child Custody, Habeas Corpus Case Name: Prateek Gupta vs. Shilpi Gupta & Ors. [Judgment Date]: 6 December 2017 Introduction

Supreme Court Overturns Delhi High Court in Child Custody Battle: Prateek Gupta vs. Shilpi Gupta (2017) Read Post »

Supreme Court Dismisses PIL Against “Padmavati” Release: Manohar Lal Sharma vs. Sanjay Leela Bhansali & Ors. (28 November 2017)

Can a court interfere with a film’s release before the Central Board of Film Certification (CBFC) makes a decision? The Supreme Court of India addressed this question in a public interest litigation (PIL) concerning the film “Padmavati.” The Court dismissed the petition, emphasizing the importance of the CBFC’s role and the freedom of artistic expression.

Supreme Court Dismisses PIL Against “Padmavati” Release: Manohar Lal Sharma vs. Sanjay Leela Bhansali & Ors. (28 November 2017) Read Post »

Supreme Court Transfers Challenge to Forest Rights Act: Union of India vs. Akhila Bharathiya Adivasi Vikasa Parishad (2017)

LEGAL ISSUE: Whether a writ petition challenging the constitutional validity of a central statute pending before a High Court should be transferred to the Supreme Court when a similar challenge is already pending before it. CASE TYPE: Constitutional Law, Transfer Petition Case Name: Union of India vs. Akhila Bharathiya Adivasi Vikasa Parishad & Ors. Judgment

Supreme Court Transfers Challenge to Forest Rights Act: Union of India vs. Akhila Bharathiya Adivasi Vikasa Parishad (2017) Read Post »

Chief Justice’s Authority: Supreme Court Settles Roster Allocation in Judicial Accountability Case (2017)

LEGAL ISSUE: Authority of the Chief Justice in allocating cases and constituting benches. CASE TYPE: Public Interest Litigation (Constitutional Law). Case Name: Campaign for Judicial Accountability and Reforms vs. Union of India and Another. Judgment Date: November 10, 2017 Can a two-judge bench direct the Chief Justice of India on how to constitute a bench?

Chief Justice’s Authority: Supreme Court Settles Roster Allocation in Judicial Accountability Case (2017) Read Post »

Supreme Court clarifies calculation of future prospects in motor accident compensation: National Insurance Company Ltd. vs. Pranay Sethi (2017)

Date of the Judgment: 31 October 2017 Citation: (2017) INSC 950 Judges: Dipak Misra, CJI, A.K. Sikri, A.M. Khanwilkar, Dr. D.Y. Chandrachud, Ashok Bhushan, JJ. This was a unanimous decision. How should courts calculate compensation for motor accident victims, especially concerning future income prospects? The Supreme Court of India, in this landmark judgment, addressed the

Supreme Court clarifies calculation of future prospects in motor accident compensation: National Insurance Company Ltd. vs. Pranay Sethi (2017) Read Post »

Sabarimala Temple Entry Ban on Women to be Examined by Larger Bench: Indian Young Lawyers Association vs. State of Kerala (2017)

LEGAL ISSUE: Whether the prohibition on women of a specific age group from entering the Sabarimala Temple is discriminatory and violates fundamental rights. CASE TYPE: Public Interest Litigation, Constitutional Law, Religious Law Case Name: Indian Young Lawyers Association & Ors. vs. State of Kerala & Ors. Judgment Date: 13 October 2017 Introduction Date of the

Sabarimala Temple Entry Ban on Women to be Examined by Larger Bench: Indian Young Lawyers Association vs. State of Kerala (2017) Read Post »

Supreme Court Overrules Restrictions on Videoconferencing in Matrimonial Disputes: Santhini vs. Vijaya Venketesh (2017) INSC 847 (9 October 2017)

LEGAL ISSUE: Whether videoconferencing can be used in matrimonial disputes under the Family Courts Act, 1984. CASE TYPE: Matrimonial Law. Case Name: Santhini vs. Vijaya Venketesh. Judgment Date: 9 October 2017 Introduction Date of the Judgment: 9 October 2017 Citation: (2017) INSC 847 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J. (Majority Opinion), Dr. D.Y. Chandrachud,

Supreme Court Overrules Restrictions on Videoconferencing in Matrimonial Disputes: Santhini vs. Vijaya Venketesh (2017) INSC 847 (9 October 2017) Read Post »

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