Hemant Gupta

Supreme Court Denies Pension Benefits for Project Employees: Parmeshwar Nanda vs. State of Jharkhand (2020)

/ Government Employees, Hemant Gupta, Jharkhand Pension Rules, Jharkhand Pension Rules with Rule 58, Jharkhand Pension Rules with Rule 59, Jharkhand Pension Rules with Rule 60, Judges, L. Nageswara Rao, Pension, Service Law

Supreme Court Denies Pension Benefits for Project Employees: Parmeshwar Nanda vs. State of Jharkhand (2020) LEGAL ISSUE: Whether past services rendered under a Central Government co-sponsored project can be counted for pensionary benefits after subsequent absorption into state government service. CASE TYPE: Service Law Case Name: Parmeshwar Nanda ETC. vs. The State of Jharkhand Through […]

Supreme Court Denies Pension Benefits for Project Employees: Parmeshwar Nanda vs. State of Jharkhand (2020) Read Post »

Supreme Court Clarifies State’s Discretion on Reservation in Promotions: Mukesh Kumar vs. State of Uttarakhand (2020)

/ Constitutional Law, Constitutional Law with Article 16(4), Constitutional Law with Article 16(4A), Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 with Section 3(7)

Supreme Court Clarifies State’s Discretion on Reservation in Promotions: Mukesh Kumar vs. State of Uttarakhand (2020) Date of the Judgment: 07 February 2020 Citation: (2020) INSC 123 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a state government be compelled to provide reservations in promotions for Scheduled Castes and Scheduled Tribes? The Supreme

Supreme Court Clarifies State’s Discretion on Reservation in Promotions: Mukesh Kumar vs. State of Uttarakhand (2020) Read Post »

Supreme Court Enhances Compensation for Bank’s Service Deficiency in Insurance Claim: Hemiben Ladhabhai Bhanderi vs. Saurashtra Gramin Bank (2020) INSC 68 (03 February 2020)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Deficiency of Service, Consumer Rights, Deficiency of Service, Dhananjaya Y Chandrachud, Hemant Gupta, Judges

Supreme Court Enhances Compensation for Bank’s Service Deficiency in Insurance Claim Date of the Judgment: 03 February 2020 Citation: (2020) INSC 68 Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a bank be held liable for deficiency of service when it fails to process an insurance application, leading to the rejection of

Supreme Court Enhances Compensation for Bank’s Service Deficiency in Insurance Claim: Hemiben Ladhabhai Bhanderi vs. Saurashtra Gramin Bank (2020) INSC 68 (03 February 2020) Read Post »

Supreme Court Reinstates Charges of Cheating and Conspiracy in Bank Loan Case: State of Madhya Pradesh vs. Yogendra Singh Jadon (2020)

/ Criminal Misconduct, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 420, Judges, L. Nageswara Rao, Offences Against Property, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court Reinstates Charges of Cheating and Conspiracy in Bank Loan Case: State of Madhya Pradesh vs. Yogendra Singh Jadon (2020) LEGAL ISSUE: Whether charges of cheating and criminal conspiracy can be framed against individuals who benefited from irregular loan disbursements by a bank where their father was the President. CASE TYPE: Criminal Law Case

Supreme Court Reinstates Charges of Cheating and Conspiracy in Bank Loan Case: State of Madhya Pradesh vs. Yogendra Singh Jadon (2020) Read Post »

Supreme Court Enforces Counsel’s Commitment for Tenant Re-induction in Reconstruction Case: Om Prakash vs. Suresh Kumar (2020)

/ A.M. Khanwilkar, Civil Law, Counsel's Authority, Dinesh Maheshwari, Eviction, Hemant Gupta, Himachal Pradesh Urban Rent Control Act, 1987, Himachal Pradesh Urban Rent Control Act, 1987 with Section 14, Judges, Rent Control

Supreme Court Enforces Counsel’s Commitment for Tenant Re-induction in Reconstruction Case: Om Prakash vs. Suresh Kumar (2020) LEGAL ISSUE: Whether a statement made by a counsel on behalf of a client, regarding re-induction of a tenant, is binding on the client. CASE TYPE: Civil (Rent Control/Eviction). Case Name: Om Prakash vs. Suresh Kumar. Judgment Date:

Supreme Court Enforces Counsel’s Commitment for Tenant Re-induction in Reconstruction Case: Om Prakash vs. Suresh Kumar (2020) Read Post »

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII Rule 12, Code of Civil Procedure, 1908 with Order XXII Rule 5, Hemant Gupta, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 15, Judges, L. Nageswara Rao, Revisional Jurisdiction

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27 Date of the Judgment: 22 January 2020 Citation: (2020) INSC 27 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a person who is not a direct heir, but is named in a will,

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27 Read Post »

Supreme Court modifies dismissal of Sailor for hitting superior officer: Union of India vs. R. Karthik (2020) INSC 21

/ Armed Forces Tribunal Act, 2007, Armed Forces Tribunal Act, 2007 with Section 15, Hemant Gupta, Judges, L. Nageswara Rao, Navy Act, 1957, Navy Act, 1957 with Section 45(a)

Supreme Court modifies dismissal of Sailor for hitting superior officer: Union of India vs. R. Karthik (2020) INSC 21 Date of the Judgment: 21 January 2020 Citation: (2020) INSC 21 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a sailor be dismissed from service for hitting a superior officer, especially if the superior officer

Supreme Court modifies dismissal of Sailor for hitting superior officer: Union of India vs. R. Karthik (2020) INSC 21 Read Post »

Supreme Court Remands Land Dispute Case: Pre-Partition Tenants’ Rights to be Decided: Indu Bai vs. State of Telangana (21 January 2020)

/ Hemant Gupta, Judges, L. Nageswara Rao, Land Dispute, Land Law, Pre-Partition Tenancy Rights, State Government Land

Supreme Court Remands Land Dispute Case: Pre-Partition Tenants’ Rights to be Decided: Indu Bai vs. State of Telangana (2020) LEGAL ISSUE: Whether pre-partition tenants have a right to continue in possession of land transferred to the State Government. CASE TYPE: Land Dispute, Property Law Case Name: Indu Bai & Ors. vs. State of Telangana &

Supreme Court Remands Land Dispute Case: Pre-Partition Tenants’ Rights to be Decided: Indu Bai vs. State of Telangana (21 January 2020) Read Post »

Supreme Court Denies Grade Pay Parity for Army Chief Engineers: Union of India vs. Brig. Balbir Singh (Retd.) (2020)

/ Army Act, 1950, Army Act, 1950 with Section 192, Equal Pay for Equal Work, Hemant Gupta, Judges, L. Nageswara Rao, Military Service, Service Law

Supreme Court Denies Grade Pay Parity for Army Chief Engineers: Union of India vs. Brig. Balbir Singh (Retd.) (2020) LEGAL ISSUE: Whether Army officers on tenure postings in the Military Engineering Services (MES) are entitled to the same grade pay as their civilian counterparts holding the same post. CASE TYPE: Service Law Case Name: Union

Supreme Court Denies Grade Pay Parity for Army Chief Engineers: Union of India vs. Brig. Balbir Singh (Retd.) (2020) Read Post »

Supreme Court Lifts Embargo on Mopa Airport Environmental Clearance: Hanuman Laxman Aroskar vs. Union of India (2020) INSC 4

/ Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Environmental Impact Assessment, Environmental Law, Environmental Law with Environment (Protection) Act, 1986, Expert Appraisal Committee, Hemant Gupta, Judges

Supreme Court Lifts Embargo on Mopa Airport Environmental Clearance Date of the Judgment: January 16, 2020 Citation: (2020) INSC 4 Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a previously suspended environmental clearance for a major infrastructure project be reinstated? The Supreme Court of India addressed this question in the case of

Supreme Court Lifts Embargo on Mopa Airport Environmental Clearance: Hanuman Laxman Aroskar vs. Union of India (2020) INSC 4 Read Post »

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case: Rajneesh Khajuria vs. M/s. Wockhardt Ltd. & Anr. (2020) INSC 21

/ Hemant Gupta, Judges, L. Nageswara Rao, Labour Law, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 5, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 7, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Unfair Labour Practices

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case LEGAL ISSUE: Whether an employee’s transfer can be considered an unfair labor practice and whether the Industrial Court has jurisdiction over termination disputes arising from such transfers. CASE TYPE: Labour Law Case Name: Rajneesh Khajuria vs. M/s. Wockhardt Ltd.

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case: Rajneesh Khajuria vs. M/s. Wockhardt Ltd. & Anr. (2020) INSC 21 Read Post »

Supreme Court sets aside High Court’s order on Criminal Justice Reforms in Bail Matter (15 January 2020)

/ Bail, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 226, Hemant Gupta, Judges, L. Nageswara Rao

Supreme Court Sets Aside High Court Order on Criminal Justice Reforms in Bail Matter LEGAL ISSUE: Whether a High Court, while deciding a bail application under Section 439 of the Code of Criminal Procedure, 1973, can issue directions for reforms in the criminal justice system. CASE TYPE: Criminal Case Name: State Rep. by the Inspector

Supreme Court sets aside High Court’s order on Criminal Justice Reforms in Bail Matter (15 January 2020) Read Post »

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