Hemant Gupta

Supreme Court clarifies the applicability of Limitation Act to IBC: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (22 March 2021)

/ Corporate Insolvency Resolution Process, Hemant Gupta, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 14, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 13(4)

Supreme Court Clarifies Limitation for IBC Applications: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (2021) LEGAL ISSUE: Whether Section 14 of the Limitation Act, 1963 applies to applications under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016, and whether delays in filing such applications can be condoned. CASE TYPE: Insolvency Law […]

Supreme Court clarifies the applicability of Limitation Act to IBC: Sesh Nath Singh vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. (22 March 2021) Read Post »

Supreme Court quashes proceedings against nominee under Prevention of Food Adulteration Act: Hari Shankar Aggarwal vs. State of Rajasthan (2021) INSC 123 (10 March 2021)

/ Ashok Bhushan, Cognizance of Offence, Criminal Law, Criminal Procedure, Food Adulteration, Hemant Gupta, Judges, Local Health Authority, Prevention of Food Adulteration Act, 1954, Prevention of Food Adulteration Act, 1954 with Section 17, S. Abdul Nazeer

Supreme Court quashes proceedings against nominee under Prevention of Food Adulteration Act: Hari Shankar Aggarwal vs. State of Rajasthan (2021) INSC 123 (10 March 2021) LEGAL ISSUE: Whether a person can be prosecuted under the Prevention of Food Adulteration Act, 1954, solely based on information from the Commercial Tax Department, when the Local Health Authority

Supreme Court quashes proceedings against nominee under Prevention of Food Adulteration Act: Hari Shankar Aggarwal vs. State of Rajasthan (2021) INSC 123 (10 March 2021) Read Post »

Supreme Court Upholds Conviction, Rejects Juvenile Claim Based on Arms License: Ram Vijay Singh vs. State of Uttar Pradesh (2021)

/ B.R. Gavai, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Juvenile Justice (Care and Protection of Children) Act, 2015, Juvenile Justice (Care and Protection of Children) Act, 2015 with Section 94, Rohinton Fali Nariman

Supreme Court Upholds Conviction, Rejects Juvenile Claim Based on Arms License: Ram Vijay Singh vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Determination of juvenility in criminal cases and the evidentiary value of ossification tests and self-declared age in official documents. CASE TYPE: Criminal Appeal Case Name: Ram Vijay Singh vs. State of Uttar Pradesh

Supreme Court Upholds Conviction, Rejects Juvenile Claim Based on Arms License: Ram Vijay Singh vs. State of Uttar Pradesh (2021) Read Post »

Supreme Court Overturns Consumer Court Order: Tata Motors Not Liable for Dealer’s Misrepresentation in Car Sale (18 February 2021)

/ Consumer Protection Act, Consumer Protection Act with Section 2(1)(g), Deficiency in Service, Hemant Gupta, Judges, S. Ravindra Bhat, Uday Umesh Lalit, Unfair Trade Practice

Supreme Court Overturns Consumer Court Order: Tata Motors Not Liable for Dealer’s Misrepresentation in Car Sale (2021) LEGAL ISSUE: Whether a car manufacturer can be held liable for a car dealer’s misrepresentation about the car’s model and condition, when the sale is on a principal-to-principal basis. CASE TYPE: Consumer Protection Law Case Name: TATA MOTORS

Supreme Court Overturns Consumer Court Order: Tata Motors Not Liable for Dealer’s Misrepresentation in Car Sale (18 February 2021) Read Post »

Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence: State of Odisha vs. Banabihari Mohapatra (2021)

/ Appeal against Acquittal, Circumstantial Evidence, Criminal Law, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence: State of Odisha vs. Banabihari Mohapatra (2021) LEGAL ISSUE: Whether the High Court was correct in dismissing the State’s appeal against acquittal on the grounds of delay and whether the Trial Court was correct in acquitting the accused in the absence of sufficient

Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence: State of Odisha vs. Banabihari Mohapatra (2021) Read Post »

Supreme Court Clarifies Tenure of IPAB Chairperson: International Association for Protection of Intellectual Property (India Group) vs. Union of India (2021)

/ Finance Act, 2017, Finance Act, 2017 with Section 184, Hemant Gupta, Intellectual Property Appellate Board (IPAB), Judges, L. Nageswara Rao, S. Ravindra Bhat, Trademarks Act, 1999, Trademarks Act, 1999 with Section 86, Trademarks Act, 1999 with Section 89A, Tribunal Member Service Conditions

Supreme Court Clarifies Tenure of IPAB Chairperson: International Association for Protection of Intellectual Property (India Group) vs. Union of India (2021) LEGAL ISSUE: Clarification on the tenure of the Chairperson of the Intellectual Property Appellate Board (IPAB) after the enactment of the Finance Act, 2017. CASE TYPE: Service Law/Tribunal Law Case Name: The International Association

Supreme Court Clarifies Tenure of IPAB Chairperson: International Association for Protection of Intellectual Property (India Group) vs. Union of India (2021) Read Post »

Supreme Court reduces murder conviction to culpable homicide in land dispute case: Pardeshiram vs. State of M.P. (2021) INSC 49 (09 February 2021)

/ Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body, S. Ravindra Bhat

Supreme Court Reduces Murder Conviction to Culpable Homicide in Land Dispute Case Date of the Judgment: 09 February 2021 Citation: (2021) INSC 49 Judges: Hemant Gupta, J. and S. Ravindra Bhat, J. Can a sudden fight during a heated argument lead to a murder conviction, or should it be considered culpable homicide? The Supreme Court

Supreme Court reduces murder conviction to culpable homicide in land dispute case: Pardeshiram vs. State of M.P. (2021) INSC 49 (09 February 2021) Read Post »

Supreme Court Clarifies Environmental Clearance Norms for Highway Expansion Projects: National Highways Authority of India vs. Pandarinathan Govindarajulu & Anr. (2021) INSC 21

/ Ajay Rastogi, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Environment (Protection) Rules, 1986, Hemant Gupta, Judges, L. Nageswara Rao, Notification dated 14.09.2006, Notification dated 22.08.2013, Notifications

Supreme Court Clarifies Environmental Clearance Norms for Highway Expansion Projects Date of the Judgment: January 19, 2021 Citation: (2021) INSC 21 Judges: L. Nageswara Rao, J., Hemant Gupta, J., Ajay Rastogi, J. Can highway expansion projects be divided into smaller segments to avoid environmental clearances? The Supreme Court of India recently addressed this critical question,

Supreme Court Clarifies Environmental Clearance Norms for Highway Expansion Projects: National Highways Authority of India vs. Pandarinathan Govindarajulu & Anr. (2021) INSC 21 Read Post »

Supreme Court Upholds Dismissal in Bank Misappropriation Case: Deputy General Manager vs. Ajai Kumar Srivastava (2021)

/ Ajay Rastogi, Disciplinary Proceedings, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 420, Judges, Judicial Review, L. Nageswara Rao, Service Law, Service Law with Principles of Natural Justice

Supreme Court Upholds Dismissal in Bank Misappropriation Case: Deputy General Manager vs. Ajai Kumar Srivastava (2021) LEGAL ISSUE: Whether a disciplinary authority can impose a penalty of dismissal based on some charges when another charge was not proven, and whether the High Court was correct in interfering with the disciplinary proceedings. CASE TYPE: Service Law,

Supreme Court Upholds Dismissal in Bank Misappropriation Case: Deputy General Manager vs. Ajai Kumar Srivastava (2021) Read Post »

Supreme Court clarifies seniority rules for teachers in Maharashtra: Madhavi vs. Chagan (2020)

/ Ajay Rastogi, Hemant Gupta, Judges, L. Nageswara Rao, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 with Section 5, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 with Rule 12, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 with Rule 6, Seniority of Teachers, Service Law

Supreme Court clarifies seniority rules for teachers in Maharashtra: Madhavi vs. Chagan (2020) LEGAL ISSUE: Determination of seniority among teachers in secondary schools in Maharashtra. CASE TYPE: Service Law Case Name: Madhavi vs. Chagan & Ors. Judgment Date: 9 December 2020 Date of the Judgment: 9 December 2020 Citation: Not Available Judges: L. Nageswara Rao,

Supreme Court clarifies seniority rules for teachers in Maharashtra: Madhavi vs. Chagan (2020) Read Post »

Supreme Court Modifies Child Custody Order: Smriti Madan Kansagra vs. Perry Kansagra (2020)

/ Child Custody, Constitutional Law, Constitutional Law with Article 2(5), Constitutional Law with Article 53, Family Law, Family Law with Child Welfare, Hemant Gupta, Indu Malhotra, Judges, Uday Umesh Lalit

Supreme Court Modifies Child Custody Order: Smriti Madan Kansagra vs. Perry Kansagra (2020) LEGAL ISSUE: Modification of child custody and visitation rights. CASE TYPE: Family Law – Child Custody. Case Name: Smriti Madan Kansagra vs. Perry Kansagra. [Judgment Date]: December 08, 2020 Date of the Judgment: December 08, 2020. Citation: Not Available. Judges: Uday Umesh

Supreme Court Modifies Child Custody Order: Smriti Madan Kansagra vs. Perry Kansagra (2020) Read Post »

Supreme Court Directs Admission in Next Academic Year for Illegally Denied PG Medical Seat: National Medical Commission vs. Mothukuru Sriyah Koumudi (2020)

/ Hemant Gupta, Judges, L. Nageswara Rao, Medical Council of India Act, Medical Council of India Regulations, Medical Education Law, Medical Education Law with S. Krishna Sradha v. The State of Andhra Pradesh & Ors., Merit-Based Admissions, Post Graduate Medical Admissions

Supreme Court Directs Admission in Next Academic Year for Illegally Denied PG Medical Seat: National Medical Commission vs. Mothukuru Sriyah Koumudi (2020) LEGAL ISSUE: Whether a student, illegally denied admission to a Post Graduate medical course, can be granted admission in the next academic year and be compensated for the loss of an academic year.

Supreme Court Directs Admission in Next Academic Year for Illegally Denied PG Medical Seat: National Medical Commission vs. Mothukuru Sriyah Koumudi (2020) Read Post »

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