Indira Banerjee

Supreme Court Restores Remand in Property Dispute: Jose vs. Johnson (2020)

Supreme Court Restores Remand in Property Dispute: Jose vs. Johnson (2020) LEGAL ISSUE: Whether a suit for a bare injunction requires the court to only consider possession or also the title of the property when the right to the property is challenged. CASE TYPE: Civil Case Name: Jose vs. Johnson Judgment Date: 02 March 2020 […]

Supreme Court Restores Remand in Property Dispute: Jose vs. Johnson (2020) Read Post »

Supreme Court Sets Aside Quashing of Abetment to Suicide FIR Based on Settlement: Daxaben vs. State of Gujarat (2022)

Supreme Court Sets Aside Quashing of Abetment to Suicide FIR Based on Settlement: Daxaben vs. State of Gujarat (2022) LEGAL ISSUE: Whether a High Court can quash an FIR for abetment of suicide under Section 306 of the Indian Penal Code, 1860, based on a settlement between the accused and the complainant. CASE TYPE: Criminal

Supreme Court Sets Aside Quashing of Abetment to Suicide FIR Based on Settlement: Daxaben vs. State of Gujarat (2022) Read Post »

Supreme Court Upholds DRT Decree, Dismisses Civil Suits Challenging it: Canara Bank vs. P. Selathal (2020)

Supreme Court Upholds DRT Decree, Dismisses Civil Suits Challenging it: Canara Bank vs. P. Selathal (2020) LEGAL ISSUE: Jurisdiction of Civil Courts to challenge orders of Debt Recovery Tribunal (DRT). CASE TYPE: Debt Recovery/Civil. Case Name: Canara Bank vs. P. Selathal and others. Judgment Date: 28 February 2020 Date of the Judgment: 28 February 2020

Supreme Court Upholds DRT Decree, Dismisses Civil Suits Challenging it: Canara Bank vs. P. Selathal (2020) Read Post »

Supreme Court Clarifies Validity of Second Marriage During Appeal of Divorce Decree: Krishnaveni Rai vs. Pankaj Rai (2020) INSC 191 (19 February 2020)

Supreme Court Clarifies Validity of Second Marriage During Appeal of Divorce Decree Date of the Judgment: 19 February 2020 Citation: (2020) INSC 191 Judges: Indira Banerjee, J. and M.R. Shah, J. Can a second marriage be considered void if it takes place while an appeal against a divorce decree is pending? The Supreme Court of

Supreme Court Clarifies Validity of Second Marriage During Appeal of Divorce Decree: Krishnaveni Rai vs. Pankaj Rai (2020) INSC 191 (19 February 2020) Read Post »

Supreme Court Upholds FIR under Gangsters Act: Padma Mishra vs. State of Uttarakhand (2020)

Supreme Court Upholds FIR under Gangsters Act: Padma Mishra vs. State of Uttarakhand (2020) LEGAL ISSUE: Whether an FIR under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 can be quashed if it discloses offences under the Act. CASE TYPE: Criminal Law. Case Name: Padma Mishra vs. State of Uttarakhand & Anr. Judgment

Supreme Court Upholds FIR under Gangsters Act: Padma Mishra vs. State of Uttarakhand (2020) Read Post »

Supreme Court acquits accused in attempted murder case due to lack of common intention: Chhota Ahirwar vs. State of Madhya Pradesh (6 February 2020)

Supreme Court acquits accused in attempted murder case due to lack of common intention: Chhota Ahirwar vs. State of Madhya Pradesh (2020) LEGAL ISSUE: Whether the accused could be held guilty of attempt to murder with the aid of Section 34 of the Indian Penal Code, 1860, based on common intention. CASE TYPE: Criminal Case

Supreme Court acquits accused in attempted murder case due to lack of common intention: Chhota Ahirwar vs. State of Madhya Pradesh (6 February 2020) Read Post »

Supreme Court overturns conviction in double murder case: Basheera Begum vs. Mohammed Ibrahim (2020)

Supreme Court overturns conviction in double murder case: Basheera Begum vs. Mohammed Ibrahim (2020) LEGAL ISSUE: Whether the High Court was correct in overturning the Trial Court’s conviction based on circumstantial evidence in a double murder case. CASE TYPE: Criminal Appellate Jurisdiction Case Name: Basheera Begum vs. Mohammed Ibrahim & Ors. Judgment Date: 31 January

Supreme Court overturns conviction in double murder case: Basheera Begum vs. Mohammed Ibrahim (2020) Read Post »

Anticipatory Bail: Supreme Court Defines Scope and Duration Under Section 438 CrPC (29 January 2020)

Supreme Court Clarifies the Scope of Anticipatory Bail Under Section 438 CrPC LEGAL ISSUE: Scope and duration of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case Name: Sushila Aggarwal and others vs. State (NCT of Delhi) and another [Judgment Date]: 29 January 2020 Introduction Date of

Anticipatory Bail: Supreme Court Defines Scope and Duration Under Section 438 CrPC (29 January 2020) Read Post »

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020)

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020) LEGAL ISSUE: Whether the State of Rajasthan was in contempt of court for not following the directions of the Supreme Court regarding the grant of consequential seniority to Scheduled Caste/Scheduled Tribe employees in promotions. CASE TYPE: Contempt Petition (Civil) Case

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020) Read Post »

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020)

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020) LEGAL ISSUE: Whether a plea of benami transaction can be used to avoid repayment of a loan. CASE TYPE: Civil (Loan Recovery). Case Name: M/S Fair Communication and Consultants & Anr. vs. Surendra Kerdile. Judgment Date: 20 January 2020

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020) Read Post »

Supreme Court Strikes Down Direct Appeal Provision Under Chhattisgarh Rent Control Act (2019)

Chhattisgarh Rent Control Act: Supreme Court Invalidates Direct Appeals (2019) LEGAL ISSUE: Whether a State legislature can enact a law providing for direct appeals to the Supreme Court from a Rent Control Tribunal. CASE TYPE: Constitutional Law, Rent Control Case Name: Rajendra Diwan vs. Pradeep Kumar Ranibala & Anr. Judgment Date: 10 December 2019 Introduction

Supreme Court Strikes Down Direct Appeal Provision Under Chhattisgarh Rent Control Act (2019) Read Post »

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019)

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019) LEGAL ISSUE: Whether a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) is valid when the detenu is already in judicial custody. CASE TYPE: Criminal (Preventive Detention) Case Name: Union of

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019) Read Post »

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