Hrishikesh Roy

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (24 January 2023)

/ Ajay Rastogi, Aniruddha Bose, C.T. Ravikumar, Civil Procedure, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Hrishikesh Roy, Judges, K.M. Joseph, Writ Petition

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (2023) LEGAL ISSUE: Clarification and modification of guidelines for Advance Medical Directives. CASE TYPE: Public Interest Litigation/Constitutional Law Case Name: Common Cause (A Regd. Society) vs. Union of India Judgment Date: 24 January 2023 Date of the Judgment: 24 January 2023 Citation: […]

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (24 January 2023) Read Post »

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022)

/ Breach of contract, Consumer Law, Contract Law, Deficiency in Service, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court Holds Insurance Company Liable Despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) LEGAL ISSUE: Whether an insurance company can deny a claim by issuing a backdated letter postponing the insurance policy after the insured’s death, despite having received the premium and conducted a medical test with normal results. CASE TYPE: Consumer Case

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) Read Post »

Supreme Court Clarifies Liability for Pre-Sale Dues in Sugar Mill Acquisition: Wave Industries vs. State of UP (2022)

/ Business Acquisitions, Contract Law, Contract Law with Clause 2.1, Hrishikesh Roy, Judges, K.M. Joseph, Slump Sale Agreement, Tax Law, Tax Liability

Supreme Court Clarifies Liability for Pre-Sale Dues in Sugar Mill Acquisition: Wave Industries vs. State of UP (2022) LEGAL ISSUE: Determining liability for outstanding dues of a sugar mill prior to its sale. CASE TYPE: Civil (Contract Law, Tax Law). Case Name: Wave Industries Pvt. Ltd. vs. State of U.P. & Ors. [Judgment Date]: 15

Supreme Court Clarifies Liability for Pre-Sale Dues in Sugar Mill Acquisition: Wave Industries vs. State of UP (2022) Read Post »

Supreme Court Settles Tariff Dispute: Karnataka Power vs. JSW Energy (2022)

/ Aniruddha Bose, Contract Act, 1872, Hrishikesh Roy, Indian Contract Act, 1872 with Essential terms, Judges, K.M. Joseph, Karnataka Electricity Reforms Act, 1999, Karnataka Electricity Reforms Act, 1999 with Section 27(2), Offer and Acceptance, Tariff Regulations

Supreme Court Settles Tariff Dispute: Karnataka Power vs. JSW Energy (2022) LEGAL ISSUE: Whether a binding contract existed between Karnataka Power Transmission Corporation Limited and JSW Energy Limited regarding electricity tariff before the enactment of the Karnataka Electricity Reforms Act, 1999. CASE TYPE: Electricity Regulatory/Contract Law Case Name: Karnataka Power Transmission Corporation Limited vs. JSW

Supreme Court Settles Tariff Dispute: Karnataka Power vs. JSW Energy (2022) Read Post »

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 298, Constitutional Law with Article 299, Contract Law, Contract Law with Article 2.1 of the PPA, Contract Law with Article 9.1 of the PPA, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Hrishikesh Roy, Judges, K.M. Joseph, Power Purchase Agreements

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) LEGAL ISSUE: Whether a Power Purchase Agreement (PPA) termination by a state-owned company was valid, considering contractual obligations and principles of fairness. CASE TYPE: Contract Law, specifically concerning Power Purchase Agreements and judicial review of state actions.

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) Read Post »

Supreme Court clarifies abatement of suit and its effect on appeals: Maringmei Acham vs. M Maringmei Khuripou (2022)

/ Abatement of Suit, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII Rule 11, Constitutional Law, Constitutional Law with Article 227, Hrishikesh Roy, Judges, K.M. Joseph, Order XXII, Code of Civil Procedure, 1908

Supreme Court clarifies abatement of suit and its effect on appeals: Maringmei Acham vs. M Maringmei Khuripou (2022) LEGAL ISSUE: Effect of abatement of a suit on pending appeals arising from interlocutory orders in the suit. CASE TYPE: Civil Case Name: Maringmei Acham vs. M Maringmei Khuripou Judgment Date: 03 November 2022 Date of the

Supreme Court clarifies abatement of suit and its effect on appeals: Maringmei Acham vs. M Maringmei Khuripou (2022) Read Post »

Supreme Court clarifies the distinction between Wakf and Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (20 October 2022)

/ Bombay Public Trust Act, 1950, Bombay Public Trust Act, 1950 with Section 2, Hrishikesh Roy, Judges, K.M. Joseph, Public Trust Definition, Wakf Act, 1995, Wakf Act, 1995 with Section 4, Wakf Act, 1995 with Section 43, Wakf Definition and Registration

Supreme Court Clarifies Wakf vs. Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (2022) LEGAL ISSUE: The core legal issue revolves around the distinction between a Wakf and a Public Trust, particularly when both are created by Muslims and registered under the Bombay Public Trust Act, 1950. CASE TYPE:

Supreme Court clarifies the distinction between Wakf and Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (20 October 2022) Read Post »

Supreme Court Classifies Modified Vapour Absorption Chillers: Thermax Ltd. vs. Commissioner of Central Excise (2022)

/ Central Excise Tariff Act, 1985, Central Excise Tariff Act, 1985 with Heading 84.18, Harmonized System of Nomenclature (HSN), Heat Pumps, Central Excise Tariff Act, 1985, Hrishikesh Roy, HSN Definition, Harmonized System of Nomenclature (HSN), Judges, K.M. Joseph, Refrigerating Equipment, Central Excise Tariff Act, 1985

Supreme Court Classifies Modified Vapour Absorption Chillers: Thermax Ltd. vs. Commissioner of Central Excise (2022) Date of the Judgment: October 13, 2022 Citation: [Not Available in Source] Judges: K.M. Joseph, J., Hrishikesh Roy, J. Can a product marketed as a heat pump, but primarily used for cooling, be classified as a heat pump for excise

Supreme Court Classifies Modified Vapour Absorption Chillers: Thermax Ltd. vs. Commissioner of Central Excise (2022) Read Post »

Pre-Existing Dispute Under IBC: Supreme Court Rules in Favor of Corporate Debtor in Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022)

/ Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, K.M. Joseph, Pre-Existing Dispute, Sale of Goods Act, 1930, Sale of Goods Act, 1930 with Section 13, Sale of Goods Act, 1930 with Section 59

Supreme Court on Pre-Existing Dispute under IBC: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) LEGAL ISSUE: Whether a ‘pre-existing dispute’ existed to reject an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency and Bankruptcy Law Case Name: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. &

Pre-Existing Dispute Under IBC: Supreme Court Rules in Favor of Corporate Debtor in Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) Read Post »

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022)

/ Constitutional Law, Constitutional Law with Article 136, Evidence Act, Evidence Act with Section 114, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 24, Indian Penal Code, 1860 with Section 411, Judges, K.M. Joseph, Offences Relating to Property

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether the essential ingredients of Section 411 of the Indian Penal Code, 1860 are met when the prosecution fails to prove that the accused had knowledge that

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022) Read Post »

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022)

/ Compassionate Appointment, Hrishikesh Roy, Judges, K.M. Joseph, Rule 5, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, Service Law, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974

Supreme Court on Compassionate Appointment: Suneel Kumar vs. State of U.P. (2022) LEGAL ISSUE: Interpretation of “suitable employment” in compassionate appointment rules. CASE TYPE: Service Law Case Name: Suneel Kumar vs. State of U.P. & Ors. Judgment Date: 02 August 2022 Introduction Date of the Judgment: 02 August 2022 Citation: Civil Appeal No. 5038 of

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022) Read Post »

Supreme Court overturns High Court order on Post Office Agent License in Anticipatory Bail Case (25 July 2022)

/ Anticipatory Bail, Code of Criminal Procedure, Code of Criminal Procedure with Section 438, Constitutional Law, Constitutional Law with Article 136, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court overturns High Court order on Post Office Agent License in Anticipatory Bail Case LEGAL ISSUE: Can a High Court, while considering an application for anticipatory bail, issue directions that affect the rights and livelihood of a third party who is not involved in the case? CASE TYPE: Criminal Case Name: Kanchan Kumari vs.

Supreme Court overturns High Court order on Post Office Agent License in Anticipatory Bail Case (25 July 2022) Read Post »

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