Hemant Gupta

Rights of Subsequent Purchasers: Supreme Court clarifies on interest for delayed possession in housing projects (22 July 2021)

Supreme Court on Rights of Subsequent Purchasers in Delayed Housing Projects Date of the Judgment: 22 July 2021 Citation: M/S LAUREATE BUILDWELL PVT. LTD. vs CHARANJEET SINGH, CIVIL APPEAL NO. 7042 of 2019 Judges: Uday Umesh Lalit, J., Hemant Gupta, J., S. Ravindra Bhat, J. (authored the judgment). Can a subsequent purchaser of a flat […]

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Supreme Court Upholds Bank Guarantee Encashment: Atlanta Infrastructure Ltd. vs. Delta Marine Company & Ors. (2021)

Supreme Court Upholds Bank Guarantee Encashment: Atlanta Infrastructure Ltd. vs. Delta Marine Company & Ors. (2021) LEGAL ISSUE: Scope of interference in encashment of bank guarantees. CASE TYPE: Civil Appeal. Case Name: Atlanta Infrastructure Ltd. (Rechristened as Atlanta Ltd.) vs. Delta Marine Company & Ors. Judgment Date: 19 July 2021 Date of the Judgment: 19

Supreme Court Upholds Bank Guarantee Encashment: Atlanta Infrastructure Ltd. vs. Delta Marine Company & Ors. (2021) Read Post »

Supreme Court Upholds Eviction of Encroacher on Evacuee Land: Ismailbhai I. Kansara vs. State of Gujarat (2021)

Supreme Court Upholds Eviction of Encroacher on Evacuee Land: Ismailbhai I. Kansara vs. State of Gujarat (2021) LEGAL ISSUE: Whether an encroacher on evacuee land has a right to regularization of possession, especially when a displaced person has a claim to the same land. CASE TYPE: Evacuee Property Law Case Name: Ismailbhai I. Kansara (D)

Supreme Court Upholds Eviction of Encroacher on Evacuee Land: Ismailbhai I. Kansara vs. State of Gujarat (2021) Read Post »

Supreme Court Upholds Financial Stringency in Denying Revised Pay Scales to Cooperative Employees

Supreme Court Upholds Financial Stringency in Denying Revised Pay Scales to Cooperative Employees LEGAL ISSUE: Whether financial stringency can be a valid reason to deny revised pay scales to employees of a cooperative federation. CASE TYPE: Service Law. Case Name: Punjab State Co-operative Milk Producers Federation Ltd. & Anr. vs. Balbir Kumar Walia & Ors.

Supreme Court Upholds Financial Stringency in Denying Revised Pay Scales to Cooperative Employees Read Post »

Supreme Court Sets Aside Compensation Deposit as Bail Condition in Violent Crime Case

Supreme Court Sets Aside Compensation Deposit as Bail Condition in Violent Crime Case LEGAL ISSUE: Whether a court can impose a condition of depositing compensation to victims as a prerequisite for granting bail. CASE TYPE: Criminal. Case Name: Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. vs. The State of Gujarat.

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Supreme Court Upholds 50% Reservation Limit, Clarifies State Powers in SEBC Identification: Dr. Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) INSC 310

Supreme Court Upholds 50% Reservation Limit, Clarifies State Powers in SEBC Identification: Dr. Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) INSC 310 LEGAL ISSUE: Whether the 50% ceiling on reservations can be breached and the extent of state power to identify Socially and Educationally Backward Classes (SEBCs). CASE TYPE: Constitutional Law, Reservation

Supreme Court Upholds 50% Reservation Limit, Clarifies State Powers in SEBC Identification: Dr. Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) INSC 310 Read Post »

Supreme Court Upholds Conviction in Custodial Death Case: Shanmugam vs. State (2021)

Supreme Court Upholds Conviction in Custodial Death Case: Shanmugam vs. State (2021) LEGAL ISSUE: Whether the conviction of the accused based on circumstantial evidence for the custodial death of a police constable was justified. CASE TYPE: Criminal Law Case Name: Shanmugam vs. State by Inspector of Police, Tamil Nadu Judgment Date: April 6, 2021 Date

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Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute: Kiran Devi vs. Bihar State Sunni Wakf Board (2021)

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute LEGAL ISSUE: Whether a Karta of a Joint Hindu Family can surrender tenancy rights without the consent of other coparceners. CASE TYPE: Property Law/Tenancy Dispute Case Name: Kiran Devi vs. The Bihar State Sunni Wakf Board & Ors. [Judgment Date]: April 5,

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute: Kiran Devi vs. Bihar State Sunni Wakf Board (2021) Read Post »

Supreme Court Denies Military Service Benefit for Seniority in Punjab Civil Service: Jagmohan Singh Dhillon vs. Satwant Singh (26 March 2021)

Supreme Court Denies Military Service Benefit for Seniority in Punjab Civil Service: Jagmohan Singh Dhillon vs. Satwant Singh (2021) Date of the Judgment: 26 March 2021 Citation: (2021) INSC 174 Judges: Ashok Bhushan, J., S. Abdul Nazeer, J., Hemant Gupta, J. Can prior military service be counted towards seniority in the Punjab Civil Service for

Supreme Court Denies Military Service Benefit for Seniority in Punjab Civil Service: Jagmohan Singh Dhillon vs. Satwant Singh (26 March 2021) Read Post »

Supreme Court Upholds Conviction in Murder Case: Netaji Achyut Shinde vs. State of Maharashtra (23 March 2021)

Supreme Court Upholds Conviction in Murder Case: Netaji Achyut Shinde vs. State of Maharashtra (2021) LEGAL ISSUE: Whether the High Court was correct in reversing the acquittal of the accused by the trial court in a murder case. CASE TYPE: Criminal Case Name: Netaji Achyut Shinde & Anr. vs. The State of Maharashtra [Judgment Date]:

Supreme Court Upholds Conviction in Murder Case: Netaji Achyut Shinde vs. State of Maharashtra (23 March 2021) Read Post »

Supreme Court Upholds Disciplinary Action Against Employee in U.P. Milk Union Case (23 March 2021)

Supreme Court Upholds Disciplinary Action: Jagpal Singh Case (2021) Date of the Judgment: 23 March 2021 Citation: (2021) INSC 152 Judges: Uday Umesh Lalit, J., Hemant Gupta, J., S. Ravindra Bhat, J. (authored by Hemant Gupta, J.) Can a disciplinary action against an employee be overturned due to procedural errors, even if the charges are

Supreme Court Upholds Disciplinary Action Against Employee in U.P. Milk Union Case (23 March 2021) Read Post »

Supreme Court settles compensation for land acquisition under Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965: U.P. Awas Evam Vikas Parishad vs. Asha Ram (23 March 2021)

U.P. Awas Evam Vikas Parishad vs. Asha Ram: Supreme Court on Land Acquisition Compensation Date of the Judgment: 23 March 2021 Citation: U.P. Awas Evam Vikas Parishad vs. Asha Ram (D) Thr. Lrs & Ors. CIVIL APPEAL NO. 337 OF 2021 Judges: Uday Umesh Lalit, J., Hemant Gupta, J., S. Ravindra Bhat, J. Can the

Supreme Court settles compensation for land acquisition under Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965: U.P. Awas Evam Vikas Parishad vs. Asha Ram (23 March 2021) Read Post »

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