Supreme Court Upholds Conviction in Cheque Dishonor Case: Bir Singh vs. Mukesh Kumar (2019) LEGAL ISSUE: Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, that a cheque was issued in discharge of a debt or liability, can be rebutted solely based on a fiduciary relationship between the payee and the drawer […]
Supreme Court Upholds Division Bench Authority: AIIMS vs. Sanjiv Chaturvedi (2019) LEGAL ISSUE: Whether the Chairman of the Central Administrative Tribunal (CAT), sitting singly, can stay proceedings before a Division Bench of the same Tribunal. CASE TYPE: Service Law Case Name: All India Institute of Medical Sciences vs. Sanjiv Chaturvedi & Ors. [Judgment Date]: 1
Supreme Court Upholds Division Bench Authority: AIIMS vs. Sanjiv Chaturvedi (2019) Read Post »
Supreme Court Clarifies Appellate Authority Under FEMA for FERA Violations Date of the Judgment: 29 January 2019 Citation: (2019) INSC 49 Judges: Abhay Manohar Sapre, J., Indira Banerjee, J. Can an appeal against an order passed under the Foreign Exchange Regulation Act, 1973 (FERA) after its repeal, be filed before the Special Director (Appeals) or
Supreme Court clarifies compensation calculation in railway accident cases: Union of India vs. Radha Yadav (2019) LEGAL ISSUE: Determining the correct method for calculating compensation in railway accident cases, specifically when amendments to compensation amounts occur between the date of the accident and the date of the award. CASE TYPE: Railway Accident Compensation Case Name:
Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Date of the Judgment: January 23, 2019 Citation: 2019 INSC 65 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a party bypass a pre-agreed arbitration clause and seek the appointment of an independent arbitrator? The Supreme Court of India recently
Supreme Court Restores Civil Suit Dismissed for Default: Kusumben Indersinh Dhupia vs. Sudhaben Biharilalji Bhaiya (2019) LEGAL ISSUE: Whether a suit dismissed for default should be restored when the plaintiff demonstrates consistent effort to pursue the case. CASE TYPE: Civil. Case Name: Kusumben Indersinh Dhupia vs. Sudhaben Biharilalji Bhaiya & Anr. Judgment Date: January 9,
Supreme Court Denies Pay Parity for Sub Fire Officers: Punjab State Electricity Board vs. Thana Singh (2019) LEGAL ISSUE: Whether Sub Fire Officers are entitled to the same pay scale as other employees within the same group, specifically Head Clerks, Head Clerk-cum-Divisional Accountants, and Internal Auditors. CASE TYPE: Service Law Case Name: Punjab State Electricity
Supreme Court Denies Pay Parity for Internal Auditors: Punjab State Power Corporation Ltd. vs. Rajesh Kumar Jindal (2019) LEGAL ISSUE: Whether Internal Auditors are entitled to pay parity with Head Clerks solely based on being in the same group, irrespective of different recruitment methods, qualifications, and duties. CASE TYPE: Service Law Case Name: Punjab State
Supreme Court Drops Contempt Proceedings: M/S MDDA Ramky ISBT Ltd. vs. Ombir Singh Tomar (2019) LEGAL ISSUE: Whether contempt proceedings should continue when an execution petition is already pending for the same matter. CASE TYPE: Contempt of Court Case Name: M/S MDDA Ramky ISBT Ltd. vs. Ombir Singh Tomar [Judgment Date]: January 4, 2019 Introduction
Supreme Court Allows Second Complaint on Same Facts: V. Ravi Kumar vs. State of Tamil Nadu (2018) Date of the Judgment: 14 December 2018 Citation: (2018) INSC 1088 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a person file a second criminal complaint if the first one was withdrawn? The Supreme Court addressed this
Supreme Court Upholds Sale Deed, Rejects Oral Gift Claim in Property Dispute: Jamila Begum vs. Shami Mohd. (2018) LEGAL ISSUE: Validity of a sale deed versus an oral gift in a property dispute. CASE TYPE: Civil Property Law. Case Name: Jamila Begum (D) Thr. Lrs. vs. Shami Mohd. (D) Thr. Lrs. & Another. [Judgment Date]:
Supreme Court Upholds Eviction Based on Landlord’s Bona Fide Need: Hukum Chandra vs. Nemi Chand Jain (2018) LEGAL ISSUE: Whether a landlord can evict a tenant based on the bona fide requirement of their son, even if the son is engaged in some business at the time of the suit, and whether subsequent events, such
