Hemant Gupta

Supreme Court Enhances Land Compensation: Madhukar Kamble vs. Vidarbha Irrigation Development Corporation (2022)

/ Compensation, Hemant Gupta, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, Land Valuation, Property Law, V. Ramasubramanian

Supreme Court Enhances Land Compensation: Madhukar Kamble vs. Vidarbha Irrigation Development Corporation (2022) LEGAL ISSUE: Determination of fair market value for land acquisition. CASE TYPE: Land Acquisition. Case Name: Madhukar S/O Govindrao Kamble & Ors. vs. Vidarbha Irrigation Development Corporation & Ors. Judgment Date: January 31, 2022 Date of the Judgment: January 31, 2022 Citation: […]

Supreme Court Enhances Land Compensation: Madhukar Kamble vs. Vidarbha Irrigation Development Corporation (2022) Read Post »

Supreme Court Upholds Enhanced Compensation for Land Acquisition: Madhukar Kamble vs. Vidarbha Irrigation Development Corporation (2022)

/ Hemant Gupta, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, Market Value, V. Ramasubramanian

Supreme Court Upholds Enhanced Compensation for Land Acquisition: Madhukar Kamble vs. Vidarbha Irrigation Development Corporation (2022) LEGAL ISSUE: Determination of fair market value for land acquired for public purposes. CASE TYPE: Land Acquisition Case Name: Madhukar S/O Govindrao Kamble & Ors. vs. Vidarbha Irrigation Development Corporation & Ors. Judgment Date: 31 January 2022 Date of

Supreme Court Upholds Enhanced Compensation for Land Acquisition: Madhukar Kamble vs. Vidarbha Irrigation Development Corporation (2022) Read Post »

Supreme Court clarifies the scope of representative consumer complaints under Section 35(1)(c) of the Consumer Protection Act, 2019: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (17 December 2021)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 8, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 35(1)(c), Consumer Rights, Hemant Gupta, Judges, V. Ramasubramanian

Supreme Court Clarifies Representative Consumer Complaints: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (2021) LEGAL ISSUE: Whether a consumer complaint can be filed in a representative capacity on behalf of numerous consumers having the same interest, and the criteria for determining “sameness of interest”. CASE TYPE: Consumer Law Case Name: Brigade Enterprises Limited

Supreme Court clarifies the scope of representative consumer complaints under Section 35(1)(c) of the Consumer Protection Act, 2019: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (17 December 2021) Read Post »

Supreme Court settles burden of proof in money recovery suits: Anita Rani vs. Ashok Kumar & Ors. (2021)

/ Burden of Proof, Civil Law, Hemant Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 70, Judges, Money Recovery Suits, V. Ramasubramanian

Supreme Court Settles Burden of Proof in Money Recovery Suits: Anita Rani vs. Ashok Kumar & Ors. (2021) LEGAL ISSUE: Burden of proof in money recovery suits where the defendant claims full and final settlement or gratuitous payment. CASE TYPE: Civil Case Name: Anita Rani vs. Ashok Kumar & Ors. [Judgment Date]: 16 December 2021

Supreme Court settles burden of proof in money recovery suits: Anita Rani vs. Ashok Kumar & Ors. (2021) Read Post »

Supreme Court Upholds Cancellation of Land Release Notification Citing Fraud: U.P. Avas Evam Vikas Parishad vs. Noor Mohammad (2021)

/ Constitutional Law, Constitutional Law with Article 300A, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Hemant Gupta, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 48(1), V. Ramasubramanian

Supreme Court Upholds Cancellation of Land Release Notification Citing Fraud: U.P. Avas Evam Vikas Parishad vs. Noor Mohammad (2021) LEGAL ISSUE: Whether a notification issued under Section 48(1) of the Land Acquisition Act, 1894, releasing land from acquisition, can be rescinded by the government if it was obtained through fraud and misrepresentation. CASE TYPE: Land

Supreme Court Upholds Cancellation of Land Release Notification Citing Fraud: U.P. Avas Evam Vikas Parishad vs. Noor Mohammad (2021) Read Post »

Supreme Court Upholds Claim in Paper Supply Dispute: M/S Star Paper Mills Ltd. vs. M/S Beharilal Madanlal Jaipuria Ltd. (2021)

/ Commercial Law, Contract Law, Delhi Sales Tax Act, 1975, Delhi Sales Tax Act, 1975 with Section 4, Delhi Sales Tax Rules, 1975, Delhi Sales Tax Rules, 1975 with Rule 7, Hemant Gupta, Judges, Sales of Goods, V. Ramasubramanian

Supreme Court Upholds Claim in Paper Supply Dispute: M/S Star Paper Mills Ltd. vs. M/S Beharilal Madanlal Jaipuria Ltd. (2021) Date of the Judgment: December 16, 2021 Citation: Civil Appeal No. 4102 of 2013 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a company deny payment for goods received by claiming fraudulent transactions, despite

Supreme Court Upholds Claim in Paper Supply Dispute: M/S Star Paper Mills Ltd. vs. M/S Beharilal Madanlal Jaipuria Ltd. (2021) Read Post »

Supreme Court clarifies rules for compassionate appointment: Bheemesh vs. Department of Education (2021)

/ Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Hemant Gupta, Judges, Karnataka State Civil Services Act, 1978, Karnataka State Civil Services Act, 1978 with Section 3(1), Karnataka State Civil Services Act, 1978 with Section 8, Retrospective Application of Rules, Service Law, V. Ramasubramanian

Supreme Court Clarifies Compassionate Appointment Rules: Bheemesh vs. Govt. of Education (2021) LEGAL ISSUE: Whether amendments to compassionate appointment rules apply retrospectively. CASE TYPE: Service Law Case Name: The Secretary to Govt. Department of Education (Primary) & Ors. vs. Bheemesh Alias Bheemappa [Judgment Date]: December 16, 2021 Date of the Judgment: December 16, 2021 Citation:

Supreme Court clarifies rules for compassionate appointment: Bheemesh vs. Department of Education (2021) Read Post »

Supreme Court Upholds Punishment in Service Matter: Jagpal Singh vs. Chairman Administrative Committee (2021)

/ Administrative Committee, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 340, Hemant Gupta, Judges, Punishment Order, Review Petition, S. Ravindra Bhat, Service Law, Uday Umesh Lalit

Supreme Court Upholds Punishment in Milk Union Case: Jagpal Singh vs. Chairman Administrative Committee (2021) LEGAL ISSUE: Whether the punishment order passed by the Administrative Committee was justified. CASE TYPE: Service Law. Case Name: Jagpal Singh vs. Chairman Administrative Committee U.P. Milk Union & Dairy Federation Centralized Services. [Judgment Date]: 14 December 2021 Introduction Date

Supreme Court Upholds Punishment in Service Matter: Jagpal Singh vs. Chairman Administrative Committee (2021) Read Post »

Supreme Court Upholds Land Compensation Rate in U.P. Awas Vikas Case (08 December 2021)

/ Civil Law, Hemant Gupta, Judges, Land Acquisition, Review Petition, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Upholds Land Compensation Rate in U.P. Awas Vikas Case (2021) Date of the Judgment: 08 December 2021 Citation: Not Available Judges: Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat, JJ. Can a review petition be entertained if there is no error apparent on record? The Supreme Court of India recently addressed this question

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Supreme Court Upholds Dismissal of Conductor for Misconduct: UP Road Transport Corp vs. Gajadhar Nath (2021)

/ Applicability of Indian Evidence Act, 1872, Domestic Inquiry, Hemant Gupta, Indian Evidence Act, 1872, Industrial Disputes Act, 1947, Judges, Labour Law, Labour Law with Section 11A, V. Ramasubramanian

Supreme Court Upholds Dismissal of Conductor for Misconduct: UP Road Transport Corp vs. Gajadhar Nath (2021) LEGAL ISSUE: Whether a disciplinary authority can rely on the statement of an inspector to prove misconduct of a bus conductor even without examining passengers who were allegedly traveling without tickets. CASE TYPE: Labour Law/ Industrial Dispute Case Name:

Supreme Court Upholds Dismissal of Conductor for Misconduct: UP Road Transport Corp vs. Gajadhar Nath (2021) Read Post »

Supreme Court overturns medical negligence ruling in Bombay Hospital case: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. (30 November 2021)

/ Consumer Disputes Redressal, Consumer Protection, Consumer Rights, Hemant Gupta, Judges, Medical Malpractice, Medical Negligence, Res Ipsa Loquitur, Standard of Care, V. Ramasubramanian

Supreme Court overturns medical negligence ruling in Bombay Hospital case LEGAL ISSUE: Whether the principle of res ipsa loquitur can be applied to establish medical negligence in cases where the patient’s condition deteriorates despite treatment. CASE TYPE: Consumer Protection/Medical Negligence Case Name: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. [Judgment Date]:

Supreme Court overturns medical negligence ruling in Bombay Hospital case: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. (30 November 2021) Read Post »

Supreme Court settles property rights under a will: Shri Shivaji Education Society vs. Omprakash (2021)

/ Appellate Procedure, Civil Procedure Code, Civil Procedure Code with Section 100, Hemant Gupta, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 14, Judges, Property Rights of Female Hindu, V. Ramasubramanian

Supreme Court Settles Property Rights Under a Will: Shri Shivaji Education Society vs. Omprakash (2021) LEGAL ISSUE: Interpretation of a will and the extent of property rights granted to a beneficiary. CASE TYPE: Civil Property Law Case Name: Shri Shivaji Education Society, Amravati Through Its President vs. Omprakash S/O Dinkar Deshmukh & Ors. [Judgment Date]:

Supreme Court settles property rights under a will: Shri Shivaji Education Society vs. Omprakash (2021) Read Post »

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