Hemant Gupta

Supreme Court clarifies sequential application of Customs Valuation Rules in import valuation: Anil Kumar Anand vs. Commissioner of Customs (2019) INSC 352

/ Customs Act, 1962, Customs Act, 1962 with Section 28, Customs Law, Customs Valuation Rules, Hemant Gupta, Import Valuation, Judges, Sanjay Kishan Kaul

Supreme Court clarifies sequential application of Customs Valuation Rules in import valuation: Anil Kumar Anand vs. Commissioner of Customs (2019) INSC 352 Date of the Judgment: April 22, 2019 Citation: (2019) INSC 352 Judges: Sanjay Kishan Kaul, J., Hemant Gupta, J. Can customs authorities bypass the prescribed sequence of valuation methods when assessing import duties? […]

Supreme Court clarifies sequential application of Customs Valuation Rules in import valuation: Anil Kumar Anand vs. Commissioner of Customs (2019) INSC 352 Read Post »

Supreme Court Directs Inquiry into Plot Allotment for Society Member: Nisha Singla vs. Adarsh Colony Cooperative Housing Society Ltd. (2019)

/ Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Punjab Cooperative Societies Act, 1961, Punjab Cooperative Societies Act, 1961 with Section 26(1-D), Punjab Cooperative Societies Act, 1961 with Section 68, Punjab Cooperative Societies Act, 1961 with Section 69

Supreme Court Directs Inquiry into Plot Allotment for Society Member: Nisha Singla vs. Adarsh Colony Cooperative Housing Society Ltd. (2019) Date of the Judgment: April 16, 2019 Citation: 2019 INSC 383 Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. Can a member of a cooperative society be denied possession of a plot rightfully

Supreme Court Directs Inquiry into Plot Allotment for Society Member: Nisha Singla vs. Adarsh Colony Cooperative Housing Society Ltd. (2019) Read Post »

Supreme Court upholds tenant’s rights after life interest holder’s death: Dr. RS Grewal & Ors vs. Chander Parkash Soni & Anr (2019) INSC 345 (16 April 2019)

/ Dhananjaya Y Chandrachud, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 2(c), East Punjab Urban Rent Restriction Act, 1949 with Section 2(i), Hemant Gupta, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 14, Judges, Tenancy Rights

Supreme Court Upholds Tenancy Rights After Life Interest Holder’s Death Date of the Judgment: 16 April 2019 Citation: (2019) INSC 345 Judges: Dr Dhananjaya Y Chandrachud, J, Hemant Gupta, J Can a tenant be evicted simply because the person who granted the tenancy, holding a life interest in the property, has passed away? The Supreme

Supreme Court upholds tenant’s rights after life interest holder’s death: Dr. RS Grewal & Ors vs. Chander Parkash Soni & Anr (2019) INSC 345 (16 April 2019) Read Post »

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019)

/ Civil Procedure, Contract Law, Dhananjaya Y. Chandrachud, Evidence Act, Hemant Gupta, Judges, Pleadings, Readiness and Willingness, Specific Performance

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) LEGAL ISSUE: Whether specific performance of a sale agreement should be granted when the buyer fails to prove readiness and willingness to perform their part of the contract and has not provided sufficient evidence of payments made beyond the initial

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) Read Post »

Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019)

/ Breach of contract, Contract Law, Contract Law with Utmost Good Faith, Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Contracts, Insurance Law, Judges, Non-Disclosure, Pre-existing Conditions

Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019) LEGAL ISSUE: Whether non-disclosure of a pre-existing condition by an insured individual is a valid ground for repudiation of an insurance claim. CASE TYPE: Consumer Law Case Name: Life Insurance Corporation of India vs. Manish Gupta Judgment Date:

Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019) Read Post »

Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry

/ Consumer Law, Contract Law, Dhananjaya Y. Chandrachud, Hemant Gupta, Insurance Claims, Judges, Terms and Conditions

Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry LEGAL ISSUE: Whether an insurance company can reject a claim for theft when the policy excludes coverage for losses without forcible entry, but the policy’s exclusionary terms were not communicated to the insured. CASE TYPE: Consumer Law Case Name: Bharat Watch Company

Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry Read Post »

Supreme Court settles the need for notice under Section 106 of the Transfer of Property Act in lease disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019)

/ Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Lease, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 107

Supreme Court Settles the Need for Notice Under Section 106 of the Transfer of Property Act in Lease Disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019) Date of the Judgment: April 11, 2019 Citation: 2019 INSC 377 Judges: Dr Dhananjaya Y Chandrachud, J, Hemant Gupta, J. Can a suit for

Supreme Court settles the need for notice under Section 106 of the Transfer of Property Act in lease disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019) Read Post »

Supreme Court Upholds Freedom of Expression: Indibily Creative Pvt Ltd vs. State of West Bengal (2019)

/ Cinematograph Act, 1952, Cinematograph Act, 1952 with Section 13, Cinematograph Act, 1952 with Section 5B, Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Hemant Gupta, Judges

Supreme Court Protects Free Speech in Film Exhibition: Indibily Creative Pvt Ltd vs. West Bengal (2019) **LEGAL ISSUE:** Whether a State government can obstruct the public exhibition of a film that has been certified by the Central Board of Film Certification (CBFC). **CASE TYPE:** Constitutional Law, Freedom of Speech and Expression **Case Name:** Indibily Creative

Supreme Court Upholds Freedom of Expression: Indibily Creative Pvt Ltd vs. State of West Bengal (2019) Read Post »

Supreme Court Dismisses Contempt Application in Daily Wage Regularization Case: N.K. Janu vs. Lakshmi Chandra (2019)

/ Contempt of Court, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 2, Hemant Gupta, Judges, Minimum Pay Scale, Regularization of Daily Wagers, Sanjay Kishan Kaul, Service Law, Uttar Pradesh Regularisation of Daily Wages Appointments on Group ‘D’ Posts Rules, 2001

Supreme Court Dismisses Contempt Application in Daily Wage Regularization Case LEGAL ISSUE: Whether a contempt application is maintainable when the order of the court has been complied with by considering the case of regularization of a daily wage employee and payment of minimum pay scale, even if the claim for regularization was rejected. CASE TYPE:

Supreme Court Dismisses Contempt Application in Daily Wage Regularization Case: N.K. Janu vs. Lakshmi Chandra (2019) Read Post »

Supreme Court Enhances Compensation for Electricity Delay: Tukaram vs. Maharashtra State Electricity (2019)

/ Compensation, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Consumer Rights, D.Y. Chandrachud, Deficiency in Service, Hemant Gupta, Judges

Supreme Court Enhances Compensation for Electricity Delay: Tukaram vs. Maharashtra State Electricity (2019) LEGAL ISSUE: Whether the compensation awarded by the National Consumer Disputes Redressal Commission (NCDRC) for a delay in providing an electricity connection was adequate. CASE TYPE: Consumer Law Case Name: Tukaram S/O Sadashiv Chaudhari vs. The Executive Engineer, Maharashtra State Electricity Distribution

Supreme Court Enhances Compensation for Electricity Delay: Tukaram vs. Maharashtra State Electricity (2019) Read Post »

Supreme Court Upholds Forfeiture of Property Under SAFEMA Based on COFEPOSA Detention: Narender Kumar vs. Union of India (2019)

/ Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with Section 10, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with Section 12A, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with Section 3, Hemant Gupta, Judges, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 with Section 2, Uday Umesh Lalit

Supreme Court Upholds Forfeiture of Property Under SAFEMA Based on COFEPOSA Detention: Narender Kumar vs. Union of India (2019) LEGAL ISSUE: Whether a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) can serve as the basis for forfeiture of property under the Smugglers and Foreign Exchange Manipulators

Supreme Court Upholds Forfeiture of Property Under SAFEMA Based on COFEPOSA Detention: Narender Kumar vs. Union of India (2019) Read Post »

Supreme Court Grants Disability Pension Arrears to Soldier: Madan Prasad Sinha vs. Union of India (2019)

/ Armed Forces Tribunal, D.Y. Chandrachud, Disability Pension, Hemant Gupta, Judges, Pension Law, Service Law

Supreme Court Grants Disability Pension Arrears: Madan Prasad Sinha vs. Union of India (2019) LEGAL ISSUE: Whether a soldier is entitled to disability pension for a period when it was denied due to reassessment of disability percentage. CASE TYPE: Service Law – Armed Forces Tribunal Case Name: Madan Prasad Sinha @ Sanatan Baba vs. Union

Supreme Court Grants Disability Pension Arrears to Soldier: Madan Prasad Sinha vs. Union of India (2019) Read Post »

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