Indira Banerjee

Supreme Court clarifies the rights of tenants under the SARFAESI Act in mortgage disputes: Bajarang Agarwal vs. Central Bank of India (2019)

/ Enforcement of Security Interest, Indira Banerjee, Judges, Leases of Immovable Property, Mohan M. Shantanagoudar, N.V. Ramana, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 14, Transfer of Property Act, Transfer of Property Act with Section 107

Supreme Court Clarifies Tenant Rights Under SARFAESI Act: Bajarang Agarwal vs. Central Bank of India (2019) LEGAL ISSUE: The interplay between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the rights of tenants, particularly concerning eviction from mortgaged properties. CASE TYPE: Real Estate/Mortgage Law, focusing on […]

Supreme Court clarifies the rights of tenants under the SARFAESI Act in mortgage disputes: Bajarang Agarwal vs. Central Bank of India (2019) Read Post »

Supreme Court Upholds Sale Deed, Undue Influence Not Proven: Raja Ram vs. Jai Prakash Singh (2019)

/ Burden of Proof, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 16, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 111, Indira Banerjee, Judges, Navin Sinha, Undue influence

Supreme Court Upholds Sale Deed, Undue Influence Not Proven: Raja Ram vs. Jai Prakash Singh (2019) LEGAL ISSUE: Whether a sale deed executed by an elderly person was obtained under undue influence. CASE TYPE: Civil Law – Transfer of Property Case Name: Raja Ram vs. Jai Prakash Singh and Others Judgment Date: 11 September 2019

Supreme Court Upholds Sale Deed, Undue Influence Not Proven: Raja Ram vs. Jai Prakash Singh (2019) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Vijay Nathalal Gohil vs. State of Maharashtra (2019)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 498A, Indira Banerjee, Judges, Offences Against Human Body, Sanjiv Khanna

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Vijay Nathalal Gohil vs. State of Maharashtra (2019) LEGAL ISSUE: Whether a conviction under Section 302 of the Indian Penal Code can be upheld solely based on circumstantial evidence. CASE TYPE: Criminal Case Name: Vijay Nathalal Gohil vs. State of Maharashtra Judgment Date: 3

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Vijay Nathalal Gohil vs. State of Maharashtra (2019) Read Post »

Supreme Court Modifies Compensation in Motor Accident Claim: National Insurance Company Ltd. vs. Satish Kumar Verma (2019)

/ Constitutional Law, Constitutional Law with Article 14, Indira Banerjee, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Sanjiv Khanna

Supreme Court Modifies Compensation in Motor Accident Claim: National Insurance Company Ltd. vs. Satish Kumar Verma (2019) Date of the Judgment: September 3, 2019 Citation: 2019 INSC 823 Judges: Indira Banerjee, J. and Sanjiv Khanna, J. Can a fellowship be considered as part of the income while calculating compensation in a motor accident claim? The

Supreme Court Modifies Compensation in Motor Accident Claim: National Insurance Company Ltd. vs. Satish Kumar Verma (2019) Read Post »

Escheat Law and Abandoned Property: Supreme Court Ruling in State of Rajasthan vs. Lord Northbrook (2019)

/ Constitutional Law, Constitutional Law with Article 296, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 29, Indira Banerjee, Judges, R. Banumathi, Rajasthan Escheats Regulation Act, 1956, Rajasthan Escheats Regulation Act, 1956 with Section 4, Rajasthan Escheats Regulation Act, 1956 with Section 6

Supreme Court Addresses Escheat Law in Rajasthan: State of Rajasthan vs. Lord Northbrook (2019) LEGAL ISSUE: Whether the State of Rajasthan rightfully invoked the Escheats Act, 1956 to take over properties of a deceased person who died intestate and without legal heirs. CASE TYPE: Civil Law – Escheat, Property Law Case Name: State of Rajasthan

Escheat Law and Abandoned Property: Supreme Court Ruling in State of Rajasthan vs. Lord Northbrook (2019) Read Post »

Supreme Court Upholds Land Vesting Despite Repeal of Urban Land Ceiling Act: Madhusudan Bhanuprasad Pandya vs. State of Gujarat (2019)

/ Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Repealing Act of 1999, Repealing Act of 1999 with Section 3(1), Urban Land (Ceiling and Regulation) Act, 1976, Urban Land (Ceiling and Regulation) Act, 1976 with Section 10, Urban Land (Ceiling and Regulation) Act, 1976 with Section 20

Supreme Court Upholds Land Vesting Despite Repeal of Urban Land Ceiling Act: Madhusudan Bhanuprasad Pandya vs. State of Gujarat (2019) LEGAL ISSUE: Whether the vesting of land under the Urban Land (Ceiling and Regulation) Act, 1976 is valid even after the Act’s repeal if possession was taken before the repeal. CASE TYPE: Civil Law Case

Supreme Court Upholds Land Vesting Despite Repeal of Urban Land Ceiling Act: Madhusudan Bhanuprasad Pandya vs. State of Gujarat (2019) Read Post »

Supreme Court Holds Insurer Liable Despite Lack of Registration Transfer in Vehicle Theft Case: Balwant Singh & Sons vs. National Insurance Company Ltd (2019)

/ Consumer Disputes Redressal, Consumer Law, Dhananjaya Y Chandrachud, Indira Banerjee, Insurable Interest, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 157, Motor Vehicles Act, 1988 with Section 2(30), Motor Vehicles Act, 1988 with Section 50

Supreme Court Holds Insurer Liable Despite Lack of Registration Transfer in Vehicle Theft Case LEGAL ISSUE: Whether an insurance company is liable to pay a claim when the vehicle is stolen, even if the vehicle’s registration was not transferred to the purchaser’s name, but the insurance policy was issued to the purchaser and the premium

Supreme Court Holds Insurer Liable Despite Lack of Registration Transfer in Vehicle Theft Case: Balwant Singh & Sons vs. National Insurance Company Ltd (2019) Read Post »

Supreme Court Upholds Criminal Proceedings in Property Dispute Case: Chilakamarthi Venkateswarlu vs. State of Andhra Pradesh (2019)

/ Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 482, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 323, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court Upholds Criminal Proceedings in Property Dispute Case: Chilakamarthi Venkateswarlu vs. State of Andhra Pradesh (2019) LEGAL ISSUE: Whether the High Court was right in refusing to quash criminal proceedings in a case where civil disputes were also pending between the parties. CASE TYPE: Criminal Case Name: Chilakamarthi Venkateswarlu & Anr. vs. State of

Supreme Court Upholds Criminal Proceedings in Property Dispute Case: Chilakamarthi Venkateswarlu vs. State of Andhra Pradesh (2019) Read Post »

Supreme Court directs reconsideration of power project dispute: Indsil Hydro Power vs. State of Kerala (2019)

/ Article 226, Breach of contract, Contract Law, Contract Law with Clause 3, Dhananjaya Y Chandrachud, Indira Banerjee, Interpretation of Contracts, Judges, Writ Jurisdiction

Supreme Court directs reconsideration of power project dispute: Indsil Hydro Power vs. State of Kerala (2019) LEGAL ISSUE: Interpretation of contractual obligations in a power project agreement where timelines for infrastructure development were not explicitly defined. CASE TYPE: Contract Law, Infrastructure Development, Writ Petition Case Name: Indsil Hydro Power & Manganese Ltd vs. State of

Supreme Court directs reconsideration of power project dispute: Indsil Hydro Power vs. State of Kerala (2019) Read Post »

Supreme Court Upholds Revised Premium FSI Charges, Rejects Increased I&A Charges in Chennai Development Case

/ Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Tamil Nadu Town & Country Planning Act, 1971, Tamil Nadu Town & Country Planning Act, 1971 with Section 48, Tamil Nadu Town & Country Planning Act, 1971 with Section 63B

Supreme Court Upholds Revised Premium FSI Charges, Rejects Increased I&A Charges in Chennai Development Case LEGAL ISSUE: Whether revised Infrastructure & Amenities (I&A) charges and Premium Floor Space Index (FSI) charges can be applied to a development project after the initial demand notice but before the final planning permission is granted. CASE TYPE: Civil Law,

Supreme Court Upholds Revised Premium FSI Charges, Rejects Increased I&A Charges in Chennai Development Case Read Post »

Private Agreements Cannot Oust High Court’s Writ Jurisdiction: Supreme Court Decision in Maharashtra Chess Association vs. Union of India (29 July 2019)

/ Agreements in Restraint of Legal Proceedings, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with Section 28, Dhananjaya Y Chandrachud, Fundamental Rights, Indira Banerjee, Judges, Judicial Review

Supreme Court Rules Private Agreements Cannot Oust Writ Jurisdiction: Maharashtra Chess Association vs. Union of India (2019) Date of the Judgment: 29 July 2019 Citation: [Not Available in the source] Judges: Dr Dhananjaya Y Chandrachud, J and Indira Banerjee, J Can a private agreement between parties restrict the constitutional power of a High Court to

Private Agreements Cannot Oust High Court’s Writ Jurisdiction: Supreme Court Decision in Maharashtra Chess Association vs. Union of India (29 July 2019) Read Post »

Supreme Court Resolves Tariff Dispute for Wind Power Projects: Madhya Pradesh Power Management Co. Ltd. vs. Dhar Wind Power Projects Pvt. Ltd. (25 July 2019)

/ Dhananjaya Y Chandrachud, Electricity Act 2003, Electricity Act 2003 with Section 61, Electricity Act 2003 with Section 86(1)(e), Indira Banerjee, Judges

Supreme Court Resolves Tariff Dispute for Wind Power Projects: Madhya Pradesh Power Management Co. Ltd. vs. Dhar Wind Power Projects Pvt. Ltd. (2019) LEGAL ISSUE: Determination of applicable tariff for wind energy projects based on commissioning date. CASE TYPE: Electricity Regulatory Law Case Name: Madhya Pradesh Power Management Co. Ltd. & Anr. vs. M/s Dhar

Supreme Court Resolves Tariff Dispute for Wind Power Projects: Madhya Pradesh Power Management Co. Ltd. vs. Dhar Wind Power Projects Pvt. Ltd. (25 July 2019) Read Post »

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