Indira Banerjee

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Indira Banerjee, J.K. Maheshwari, Judges, Pension Benefits, Service Law, Service Law with Rule 25 of the Rajasthan Civil Services (Pension) Rules, 1996

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022) LEGAL ISSUE: Whether prior service in a government entity should be counted for pension benefits when an employee resigns to join another government job. CASE TYPE: Service Law – Pension Benefits. Case Name: […]

Supreme Court settles pension calculation for employees switching government jobs: State of Rajasthan vs. O.P. Gupta (2022) INSC 772 (19 September 2022) Read Post »

Supreme Court Upholds Interim Order for Deposit of Awarded Amount in Arbitration Case: Sepco vs. Power Mech (19 September 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 36, Arbitration and Conciliation Act, 1996 with Section 9, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 5, Indira Banerjee, Judges, Krishna Murari

Supreme Court Upholds Interim Order for Deposit of Awarded Amount in Arbitration Case: Sepco vs. Power Mech LEGAL ISSUE: Whether a court can order a party to deposit the full arbitral award amount as a condition for staying the award’s enforcement. CASE TYPE: Arbitration Law Case Name: Sepco Electric Power Construction Corporation vs. Power Mech

Supreme Court Upholds Interim Order for Deposit of Awarded Amount in Arbitration Case: Sepco vs. Power Mech (19 September 2022) Read Post »

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 243ZA(1), Constitutional Law with Article 324, Corrupt Practices, Election Law, Election Law with Section 123(2) of Representation of the People Act, 1951, Indira Banerjee, Judges, Uday Umesh Lalit

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections LEGAL ISSUE: Whether non-disclosure of assets by a candidate in municipal elections constitutes a corrupt practice leading to disqualification. CASE TYPE: Election Law Case Name: S. Rukmini Madegowda vs. The State Election Commission & Ors. Judgment Date: 14 September 2022 Date of the Judgment:

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022) Read Post »

Supreme Court Upholds SEBI’s Right to Withhold Confidential Documents in Inquiry: Kavi Arora vs. SEBI (2022)

/ A. S. Bopanna, Indira Banerjee, Judges, Natural Justice, Regulatory Adjudication, Right to be Heard, SEBI Act, 1992, Securities Contract (Regulation) Act, 1956, Securities Law

Supreme Court Upholds SEBI’s Right to Withhold Confidential Documents in Inquiry: Kavi Arora vs. SEBI (2022) LEGAL ISSUE: Whether the Securities and Exchange Board of India (SEBI) is obligated to disclose all documents relied upon in a show cause notice, including those considered confidential, to the noticee during an inquiry. CASE TYPE: Securities Law, Regulatory

Supreme Court Upholds SEBI’s Right to Withhold Confidential Documents in Inquiry: Kavi Arora vs. SEBI (2022) Read Post »

Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996 with Section 9, Arbitration Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXXVIII Rule 5, Indira Banerjee, Interim Relief, Judges

Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022) LEGAL ISSUE: Whether a court, while granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, is strictly bound by the procedural requirements of the Code of Civil Procedure, 1908 (CPC), particularly Order XXXVIII Rule 5. CASE TYPE: Arbitration

Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022) Read Post »

Supreme Court Upholds Employee Allocation to Telangana in State Reorganization Dispute: B. Subba Rayudu Case (2022)

/ Andhra Pradesh Reorganisation Act, 2014, Constitutional Law, Constitutional Law with Article 136, Employee Allocation, Indira Banerjee, Judges, Service Law, Service Law with Section 77(2), V. Ramasubramanian

Supreme Court Upholds Telangana Employee Allocation: B. Subba Rayudu Case (2022) LEGAL ISSUE: Employee allocation upon state reorganization. CASE TYPE: Service Law Case Name: The State of Telangana & Anr. vs. B. Subba Rayudu and Others Judgment Date: 14 September 2022 Date of the Judgment: 14 September 2022 Citation: [2022] INSC 791 Judges: Indira Banerjee

Supreme Court Upholds Employee Allocation to Telangana in State Reorganization Dispute: B. Subba Rayudu Case (2022) Read Post »

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 54, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 12, Specific Relief Act, 1963 with Section 13, V. Ramasubramanian

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Date of the Judgment: September 13, 2022 Citation: 2022 INSC 778 Judges: Indira Banerjee, J. and V. Ramasubramanian, J. Can a court compel specific performance of a sale agreement when the agreement’s execution depends on a third party’s actions?

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Read Post »

Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022)

/ A.S. Bopanna, Corporate Insolvency Resolution Process, Gujarat Value Added Tax Act, 2003, Gujarat Value Added Tax Act, 2003 with Section 48, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 30, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges

Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022) LEGAL ISSUE: Whether the State Tax Department can claim first charge over the property of a Corporate Debtor under the Gujarat Value Added Tax Act, 2003, despite the provisions of the Insolvency and Bankruptcy Code, 2016. CASE

Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022) Read Post »

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022)

/ Compassionate Appointment, Compassionate Appointment Scheme, Financial Criteria, Financial Eligibility, Indira Banerjee, Judges, Service Law, Suppression of Facts, V. Ramasubramanian

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022) LEGAL ISSUE: Whether financial criteria can be a ground for rejecting a claim for compassionate appointment. CASE TYPE: Service Law Case Name: Central Bank of India vs. Nitin Judgment Date: 3 August 2022 Date of the Judgment: 3 August 2022

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022) Read Post »

Supreme Court Clarifies Acknowledgment of Debt in Balance Sheets under IBC: Asset Reconstruction Company vs. Tulip Star Hotels (2022)

/ Companies Act, Companies Act with Section 128, Corporate Insolvency Resolution Process, Financial Statements, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges, Limitation, Limitation Act, 1963, Limitation Act, 1963 with Section 18

Supreme Court Clarifies Acknowledgment of Debt in Balance Sheets under IBC: Asset Reconstruction Company vs. Tulip Star Hotels (2022) LEGAL ISSUE: Whether a balance sheet of a company can be considered an acknowledgment of debt for the purpose of extending the limitation period under the Insolvency and Bankruptcy Code (IBC). CASE TYPE: Insolvency Law Case

Supreme Court Clarifies Acknowledgment of Debt in Balance Sheets under IBC: Asset Reconstruction Company vs. Tulip Star Hotels (2022) Read Post »

Tax Deduction at Source (TDS) for Foreign Companies: Supreme Court Addresses Permanent Establishment in National Petroleum Construction Company vs. Deputy Commissioner of Income Tax (2022)

/ Double Taxation Avoidance Agreement, Double Taxation Avoidance Agreement with Article 7, Income Tax Act, 1961, Income Tax Act, 1961 with Section 197, Income Tax Act, 1961 with Section 5(2), Indira Banerjee, J.K. Maheshwari, Judges, Permanent Establishment, Tax Deduction at Source

Supreme Court on TDS for Foreign Companies: National Petroleum Construction Company vs. Deputy Commissioner of Income Tax (2022) LEGAL ISSUE: Whether a foreign company is liable to pay tax on income from work done outside India, and the scope of tax deduction at source (TDS) for such companies. CASE TYPE: Income Tax Law Case Name:

Tax Deduction at Source (TDS) for Foreign Companies: Supreme Court Addresses Permanent Establishment in National Petroleum Construction Company vs. Deputy Commissioner of Income Tax (2022) Read Post »

Supreme Court Upholds Reservation for ‘Ganiga’ Caste: M.V. Chandrakanth vs. Sangappa & Ors. (29 July 2022)

/ Indira Banerjee, J.K. Maheshwari, Judges, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 with Section 4D, Reservation, Service Law

Supreme Court Upholds Reservation for ‘Ganiga’ Caste: M.V. Chandrakanth vs. Sangappa & Ors. (2022) LEGAL ISSUE: Whether individuals belonging to the ‘Lingayat-Ganiga’ sub-caste are entitled to reservation benefits under Category II-A as ‘Ganiga’ caste. CASE TYPE: Service Law/Reservation. Case Name: M.V. Chandrakanth vs. Sangappa & Ors. Judgment Date: 29 July 2022 Introduction Date of the

Supreme Court Upholds Reservation for ‘Ganiga’ Caste: M.V. Chandrakanth vs. Sangappa & Ors. (29 July 2022) Read Post »

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