Hrishikesh Roy

Supreme Court Upholds Reinstatement with Continuity and Back Wages in Industrial Dispute

/ Back Wages, Dhananjaya Y Chandrachud, Hrishikesh Roy, Industrial Disputes Act, 1947, Judges, Reinstatement

Supreme Court Upholds Reinstatement with Continuity and Back Wages in Industrial Dispute LEGAL ISSUE: Whether an employee is entitled to continuity of service and back wages upon reinstatement after a wrongful dismissal. CASE TYPE: Industrial Dispute Case Name: Nandkishore Shravan Ahirrao vs. Kosan Industries (P) Ltd. Judgment Date: 10 January 2020 Date of the Judgment: […]

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Supreme Court Converts Murder Conviction to Culpable Homicide in Land Dispute Case (2020)

/ Criminal Law, Culpable Homicide, Dhananjaya Y Chandrachud, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Murder, Offences Against Human Body

Supreme Court Converts Murder Conviction to Culpable Homicide in Land Dispute Case (2020) LEGAL ISSUE: Whether the conviction under Section 302 of the Indian Penal Code, 1860 for murder should be converted to culpable homicide not amounting to murder under Section 304 Part I of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case

Supreme Court Converts Murder Conviction to Culpable Homicide in Land Dispute Case (2020) Read Post »

Supreme Court clarifies: Select List Exhausted After Appointment in Service Matters: Union of India vs. G Ramesh (2020)

/ Appointment, Dhananjaya Y Chandrachud, Exhaustion of Select List, Hrishikesh Roy, Judges, Select List, Service Law

Supreme Court on Exhaustion of Select List after Appointment: Union of India vs. G Ramesh (2020) LEGAL ISSUE: Whether a select list for a government job remains valid after a candidate from that list is appointed and subsequently dismissed. CASE TYPE: Service Law. Case Name: Union of India & Ors vs. G Ramesh. Judgment Date:

Supreme Court clarifies: Select List Exhausted After Appointment in Service Matters: Union of India vs. G Ramesh (2020) Read Post »

Supreme Court restores State Commission order in Insurance Claim Dispute: Shyam Lal Jayaswal vs. Oriental Insurance (2020)

/ Consumer Law, D.Y. Chandrachud, Hrishikesh Roy, Insurance Claims, Judges

Supreme Court restores State Commission order in Insurance Claim Dispute: Shyam Lal Jayaswal vs. Oriental Insurance (2020) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) can reduce a claim amount when the respondent did not challenge the State Consumer Disputes Redressal Commission’s (SCDRC) order. CASE TYPE: Consumer Law Case Name: Shyam Lal Jayaswal

Supreme Court restores State Commission order in Insurance Claim Dispute: Shyam Lal Jayaswal vs. Oriental Insurance (2020) Read Post »

Supreme Court overturns consumer forum order on holiday voucher scheme: Today Merchandise Pvt Ltd vs. Anil Kumar Luthra (2020)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Hrishikesh Roy, Judges, Promotional Schemes

Supreme Court overturns consumer forum order on holiday voucher scheme: Today Merchandise Pvt Ltd vs. Anil Kumar Luthra (2020) LEGAL ISSUE: Whether a consumer is entitled to free gifts under a promotional scheme when the gifts are contingent on making referrals, and the consumer has not made any referrals. CASE TYPE: Consumer Law. Case Name:

Supreme Court overturns consumer forum order on holiday voucher scheme: Today Merchandise Pvt Ltd vs. Anil Kumar Luthra (2020) Read Post »

Supreme Court Holds Bank Liable for Unauthorized Net Banking Transfer: DAV Public School vs. Indian Bank (2019)

/ Banking Law, Consumer Protection Act, Consumer Protection Act with, Deficiency of Service, Dhananjaya Y Chandrachud, Hrishikesh Roy, Internet Banking, Judges, Unauthorized Transactions

Supreme Court Holds Bank Liable for Unauthorized Net Banking Transfer: DAV Public School vs. Indian Bank (2019) LEGAL ISSUE: Whether a bank is liable for unauthorized online transfers when it links a customer’s account to internet banking without their request. CASE TYPE: Consumer Case Name: DAV Public School vs. The Senior Manager, Indian Bank, Midnapur

Supreme Court Holds Bank Liable for Unauthorized Net Banking Transfer: DAV Public School vs. Indian Bank (2019) Read Post »

Supreme Court Quashes Detention Order Due to Stale Grounds and Procedural Lapses: Khaja Bilal Ahmed vs. State of Telangana (2019)

/ Code of Criminal Procedure 1973, Code of Criminal Procedure 1973 with Section 167(2), Constitutional Law, Constitutional Law with Article 136, Dhananjaya Y Chandrachud, Hrishikesh Roy, Judges, Preventive Detention, Telangana Prevention of Dangerous Activities Act, 1986, Telangana Prevention of Dangerous Activities Act, 1986 with Section 12, Telangana Prevention of Dangerous Activities Act, 1986 with Section 3

Supreme Court Quashes Detention Order Due to Stale Grounds and Procedural Lapses: Khaja Bilal Ahmed vs. State of Telangana (2019) LEGAL ISSUE: Whether a detention order based on stale criminal cases and without proper confirmation is valid under the Telangana Prevention of Dangerous Activities Act, 1986. CASE TYPE: Criminal (Preventive Detention) Case Name: Khaja Bilal

Supreme Court Quashes Detention Order Due to Stale Grounds and Procedural Lapses: Khaja Bilal Ahmed vs. State of Telangana (2019) Read Post »

Supreme Court Reverses High Court Order on Land Conversion Fees: State of Odisha vs. Bichitrananda Das (2019)

/ Dhananjaya Y Chandrachud, Encroachment, Hrishikesh Roy, Judges, Land Conversion, Land Law, Leasehold to Freehold, Orissa Public Premises (Eviction of Unauthorized Occupants) Act 1972, Orissa Public Premises (Eviction of Unauthorized Occupants) Act 1972 with Section 4(1)

Supreme Court Reverses High Court Order on Land Conversion Fees: State of Odisha vs. Bichitrananda Das (2019) LEGAL ISSUE: Whether conversion fees for leasehold to freehold land should be calculated based on the date of application or the date of the final decision when there is an issue of encroachment. CASE TYPE: Civil Law, Land

Supreme Court Reverses High Court Order on Land Conversion Fees: State of Odisha vs. Bichitrananda Das (2019) Read Post »

Supreme Court clarifies compensation for delayed possession despite sale deed: Lanco Hills vs. Kulkarni (2019)

/ Breach of contract, Consumer Law, Consumer Rights, Contract Law, Delayed Possession, Dhananjaya Y Chandrachud, Force Majeure, Hrishikesh Roy, Judges, Possession of Property, Property Law, Sale Deed

Supreme Court Clarifies Compensation for Delayed Possession Despite Sale Deed: Lanco Hills vs. Kulkarni (2019) LEGAL ISSUE: Whether a builder is liable to pay compensation for delayed possession of an apartment even after a sale deed has been executed stating that possession has been handed over. CASE TYPE: Consumer Case Name: M/s Lanco Hills Technology

Supreme Court clarifies compensation for delayed possession despite sale deed: Lanco Hills vs. Kulkarni (2019) Read Post »

Supreme Court clarifies appointment of arbitrators in railway contracts: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV) (17 December 2019)

/ A.S. Bopanna, Appointment of Arbitrator, Arbitration Clause, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 12(5), Contract Law, General Conditions of Contract, Hrishikesh Roy, Judges, R. Banumathi

Supreme Court on Appointment of Arbitrators in Railway Contracts: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV) (2019) LEGAL ISSUE: Whether an independent arbitrator can be appointed by the High Court when the contract specifies a panel of arbitrators. CASE TYPE: Arbitration Law Case Name: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV)

Supreme Court clarifies appointment of arbitrators in railway contracts: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV) (17 December 2019) Read Post »

Supreme Court Upholds Dismissal of Appeal Due to Delay in University of Delhi vs. Union of India (17 December 2019)

/ A.S. Bopanna, Condonation of Delay, Delhi University Act, 1922, Delhi University Act, 1922 with Section 21, Hrishikesh Roy, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, R. Banumathi

Supreme Court Upholds Dismissal of Appeal Due to Delay in University of Delhi vs. Union of India LEGAL ISSUE: Whether the High Court was correct in dismissing an appeal due to an inordinate delay in filing, despite the appellant claiming public interest. CASE TYPE: Civil Appellate Jurisdiction Case Name: University of Delhi vs. Union of

Supreme Court Upholds Dismissal of Appeal Due to Delay in University of Delhi vs. Union of India (17 December 2019) Read Post »

Supreme Court Restores Restrictions on Biosimilar Drug Marketing: Genentech Inc. vs. Drug Controller General of India (2019)

/ A.S. Bopanna, Drug Approval, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Rule 96, Hrishikesh Roy, Judges, R. Banumathi

Supreme Court Restores Restrictions on Biosimilar Drug Marketing: Genentech Inc. vs. Drug Controller General of India (2019) LEGAL ISSUE: Whether a biosimilar drug manufacturer can market their product with the same name as the original drug, despite not conducting all required tests and trials. CASE TYPE: Pharmaceutical Law, Intellectual Property Case Name: M/s Genentech Inc.

Supreme Court Restores Restrictions on Biosimilar Drug Marketing: Genentech Inc. vs. Drug Controller General of India (2019) Read Post »

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