Hemant Gupta Archives

Supreme Court Allows Refund with 9% Interest for Delayed Possession: Kolkata West International City Pvt Ltd vs. Devasis Rudra (25 March 2019)

March 25, 2019 / Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(d), Consumer Rights, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Real Estate Disputes

Supreme Court Allows Refund with 9% Interest for Delayed Possession: Kolkata West International City Pvt Ltd vs. Devasis Rudra (2019) LEGAL ISSUE: Whether a homebuyer is entitled to a refund with interest for delayed possession, despite initially seeking possession as the primary relief. CASE TYPE: Consumer Dispute Case Name: Kolkata West International City Pvt Ltd […]

Supreme Court Allows Refund with 9% Interest for Delayed Possession: Kolkata West International City Pvt Ltd vs. Devasis Rudra (25 March 2019) Read Post »

Supreme Court clarifies definition of ‘Promoter’ under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (25 March 2019)

March 25, 2019 / Consumer Complaint, Consumer Law, Consumer Rights, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Promoter, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 2(zk)

Supreme Court Clarifies “Promoter” Definition under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (2019) LEGAL ISSUE: Clarification of the definition of “promoter” under the Real Estate (Regulation and Development) Act, 2016 (RERA). CASE TYPE: Consumer Law Case Name: Association for Consumer Welfare and Aid vs. Granite Gate Properties Private Limited &

Supreme Court clarifies definition of ‘Promoter’ under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (25 March 2019) Read Post »

Supreme Court Upholds Dismissal for Drunken Misconduct in Police Force: State of Uttarakhand vs. Prem Ram (2019)

March 15, 2019 / Constitutional Law, Constitutional Law with Article 311, Dhananjaya Y Chandrachud, Disciplinary Proceedings, Hemant Gupta, Judges, Misconduct, Proportionality of Punishment, Service Law

Supreme Court Upholds Dismissal for Drunken Misconduct in Police Force: State of Uttarakhand vs. Prem Ram (2019) LEGAL ISSUE: Whether the High Court was justified in interfering with the disciplinary order of dismissal of a police constable for drunkenness and misbehavior. CASE TYPE: Service Law (Disciplinary Proceedings) Case Name: State of Uttarakhand and Ors. vs.

Supreme Court Upholds Dismissal for Drunken Misconduct in Police Force: State of Uttarakhand vs. Prem Ram (2019) Read Post »

Supreme Court Holds Hotel Liable for Negligence in Drowning Death Due to Dual Role of Lifeguard: Kerala Tourism Development Corporation vs. Deepti Singh (2019)

March 15, 2019 / Causation, Compensation, Consumer Law, Consumer Protection Act, 1986, Deficiency of Service, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Duty of Care, Hemant Gupta, Judges, Law of Torts, Negligence, Negligence and Deficiency of Service

Supreme Court Holds Hotel Liable for Negligence in Drowning Death Due to Dual Role of Lifeguard: Kerala Tourism Development Corporation vs. Deepti Singh (2019) LEGAL ISSUE: Whether a hotel is liable for negligence if a guest drowns in its swimming pool due to the lifeguard also being assigned bartending duties. CASE TYPE: Consumer Law Case

Supreme Court Holds Hotel Liable for Negligence in Drowning Death Due to Dual Role of Lifeguard: Kerala Tourism Development Corporation vs. Deepti Singh (2019) Read Post »

Supreme Court Restores Land to Tribal Member, Upholding Section 170B of the MP Land Revenue Code: Pooran Singh vs. Dhaniram (2019)

March 14, 2019 / Civil Procedure, Constitutional Law, Constitutional Law with Article 244, Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Jurisdiction of Civil Courts, Madhya Pradesh Land Revenue Code, 1959, Madhya Pradesh Land Revenue Code, 1959 with Section 170B, Madhya Pradesh Land Revenue Code, 1959 with Section 257, Res Judicata

Supreme Court Restores Land to Tribal Member, Upholding Section 170B of the MP Land Revenue Code: Pooran Singh vs. Dhaniram (2019) Date of the Judgment: March 14, 2019 Citation: (2019) INSC 228 Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J. Can a civil court overturn a High Court decision regarding land rights of

Supreme Court Restores Land to Tribal Member, Upholding Section 170B of the MP Land Revenue Code: Pooran Singh vs. Dhaniram (2019) Read Post »

Supreme Court Directs Re-Verification of Land Oustees’ Claims for Railway Jobs in Sambalpur-Talcher Rail Link Project (2019)

March 14, 2019 / Administrative Law, Constitution of India, Constitution of India with Article 14, Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Judicial Review, Land Acquisition, Railway Employment Policy, Rehabilitation of Land Oustees

Supreme Court Directs Re-Verification of Land Oustees’ Claims for Railway Jobs (2019) LEGAL ISSUE: Rehabilitation of land oustees affected by land acquisition for railway projects. CASE TYPE: Civil Case Name: Union of India & Ors. vs. Shankar Prasad Deep Etc.Etc. Judgment Date: 14 March 2019 Introduction Date of the Judgment: 14 March 2019 Citation: (2019)

Supreme Court Directs Re-Verification of Land Oustees’ Claims for Railway Jobs in Sambalpur-Talcher Rail Link Project (2019) Read Post »

Supreme Court Rejects Summons of Additional Accused under Section 319 CrPC: Periyasami & Ors. vs. S. Nallasamy (2019)

March 14, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 319, Dhananjaya Y. Chandrachud, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 147, Indian Penal Code, 1860 with Section 448, Judges

Supreme Court Restores Trial Court Order: Periyasami & Ors. vs. S. Nallasamy (2019) Date of the Judgment: March 14, 2019 Citation: 2019 INSC 249 Judges: Dr. Dhananjaya Y. Chandrachud, J., Hemant Gupta, J. Can a trial court summon additional individuals as accused based solely on witness statements during trial, even if their names were not

Supreme Court Rejects Summons of Additional Accused under Section 319 CrPC: Periyasami & Ors. vs. S. Nallasamy (2019) Read Post »

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019)

March 13, 2019 / Constitutional Law, Constitutional Law with Article 142, Contract Law, Dhananjaya Y Chandrachud, Exclusion Clause, Export Credit Insurance, Hemant Gupta, Insurance Law, Interpretation of Contracts, Judges

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Date of the Judgment: March 13, 2019 Citation: CIVIL APPEAL NO.2987 OF 2019 (@SLP(C) No. 7781/2014) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can an export credit guarantee corporation deny a

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Read Post »

Supreme Court Upholds Charges of Abetment of Suicide: State of Madhya Pradesh vs. Deepak (2019)

March 13, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 397, Dhananjaya Y Chandrachud, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 306, Judges, Offences Relating to Suicide, Revisional Jurisdiction, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(2)(v)

Supreme Court Upholds Charges of Abetment of Suicide: State of Madhya Pradesh vs. Deepak (2019) Date of the Judgment: March 13, 2019 Citation: (2019) INSC 238 Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can a High Court discharge an accused of abetment of suicide charges when there is sufficient evidence to suggest

Supreme Court Upholds Charges of Abetment of Suicide: State of Madhya Pradesh vs. Deepak (2019) Read Post »

Supreme Court Upholds Dismissal for Unauthorized Absence in Army: Union of India vs. Kulbeer Singh (2019)

March 11, 2019 / Armed Forces Law, Army Act, 1950, Army Act, 1950 with Section 39, Army Act, 1950 with Section 71, Court Martial, Dhananjaya Y Chandrachud, Discipline in Armed Forces, Hemant Gupta, Judges

Supreme Court Upholds Dismissal for Unauthorized Absence in Army: Union of India vs. Kulbeer Singh (2019) LEGAL ISSUE: Whether the Armed Forces Tribunal was correct in modifying the punishment of dismissal from service to notional service until pension eligibility for unauthorized absence of a member of the Armed Forces. CASE TYPE: Armed Forces Law Case

Supreme Court Upholds Dismissal for Unauthorized Absence in Army: Union of India vs. Kulbeer Singh (2019) Read Post »

Supreme Court clarifies calculation of surrender value of life insurance policies: Anandrao Ramchandra Salunke vs. Life Insurance Corporation of India (2019)

March 7, 2019 / Consumer Law, Consumer Rights, Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Act, 1938, Insurance Act, 1938 with Section 113, Insurance Disputes, Judges, Life Insurance

Supreme Court Clarifies Surrender Value Calculation in Life Insurance Policies LEGAL ISSUE: The core legal issue revolves around the correct method for calculating the surrender value of a life insurance policy, particularly concerning the treatment of bonuses when a policyholder discontinues premium payments before the policy’s maturity. CASE TYPE: Consumer Law Case Name: Anandrao Ramchandra

Supreme Court clarifies calculation of surrender value of life insurance policies: Anandrao Ramchandra Salunke vs. Life Insurance Corporation of India (2019) Read Post »

Supreme Court clarifies the application of the ‘catch-up’ rule in promotions for reserved categories: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende & Ors (2019)

March 5, 2019 / Constitutional Law, Constitutional Law with Article 16(1), Constitutional Law with Article 16(4A), Dhananjaya Y Chandrachud, Fundamental Rights, Hemant Gupta, Judges, Promotions and Seniority, Service Law, Service Law with Maharashtra Civil Services (Regulation of Seniority) Rules 1982, Service Law with Reservation Act 2004

Supreme Court Clarifies Catch-Up Rule and Seniority in Promotions for Reserved Categories: Sudhakar vs. Noreshwar (2019) LEGAL ISSUE: Whether the ‘catch-up’ rule applies to promotions of reserved category candidates and their seniority in higher posts. CASE TYPE: Service Law (Promotions and Seniority) Case Name: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende & Ors [Judgment Date]:

Supreme Court clarifies the application of the ‘catch-up’ rule in promotions for reserved categories: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende & Ors (2019) Read Post »