Indira Banerjee

Supreme Court clarifies “illicitly removed” under Kerala Forest Act: Bharath Booshan Aggarwal vs. State of Kerala (2021)

Supreme Court clarifies “illicitly removed” under Kerala Forest Act: Bharath Booshan Aggarwal vs. State of Kerala (2021) LEGAL ISSUE: Whether the prosecution must prove that the accused had knowledge of the illicit origin of forest produce for conviction under Section 27(1)(d) of the Kerala Forest Act, 1961. CASE TYPE: Criminal Law Case Name: Bharath Booshan […]

Supreme Court clarifies “illicitly removed” under Kerala Forest Act: Bharath Booshan Aggarwal vs. State of Kerala (2021) Read Post »

Supreme Court clarifies criteria for appointment in disciplined forces despite acquittal: Union of India vs. Methu Meda (2021)

Supreme Court clarifies criteria for appointment in disciplined forces despite acquittal: Union of India vs. Methu Meda (2021) LEGAL ISSUE: Whether an acquittal in a criminal case, particularly when witnesses turn hostile, automatically entitles a candidate to employment in a disciplined force. CASE TYPE: Service Law Case Name: Union of India and Others vs. Methu

Supreme Court clarifies criteria for appointment in disciplined forces despite acquittal: Union of India vs. Methu Meda (2021) Read Post »

Supreme Court clarifies the meaning of “entertain” under Section 9(3) of the Arbitration Act in interim relief cases: Arcelor Mittal vs. Essar Bulk (14 September 2021)

Supreme Court Clarifies “Entertain” in Section 9(3) of Arbitration Act: Arcelor Mittal vs. Essar Bulk (2021) Date of the Judgment: 14 September 2021 Citation: (2021) INSC 628 Judges: Indira Banerjee, J., J. K. Maheshwari, J. Can a court continue to hear an application for interim relief under Section 9 of the Arbitration and Conciliation Act,

Supreme Court clarifies the meaning of “entertain” under Section 9(3) of the Arbitration Act in interim relief cases: Arcelor Mittal vs. Essar Bulk (14 September 2021) Read Post »

Supreme Court quashes criminal proceedings against purchaser in property dispute: Randheer Singh vs. State of U.P. (2021) INSC 588 (02 September 2021)

Supreme Court quashes criminal proceedings against purchaser in property dispute Date of the Judgment: 02 September 2021 Citation: (2021) INSC 588 Judges: Indira Banerjee, J. and J.K. Maheshwari, J. Can a person be subjected to criminal proceedings for purchasing a property if the seller’s title is disputed? The Supreme Court of India addressed this question

Supreme Court quashes criminal proceedings against purchaser in property dispute: Randheer Singh vs. State of U.P. (2021) INSC 588 (02 September 2021) Read Post »

Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021)

Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021) LEGAL ISSUE: Applicability of limitation period under the Insolvency and Bankruptcy Code, 2016 (IBC) and the effect of acknowledgment of debt. CASE TYPE: Insolvency Law Case Name: Dena Bank (now Bank of Baroda) vs. C. Shivakumar Reddy and Anr. Judgment Date:

Supreme Court Clarifies Limitation for IBC Applications: Dena Bank vs. C. Shivakumar Reddy (2021) Read Post »

Supreme Court clarifies definition of Financial Debt under IBC for Interest-Free Loans: Orator Marketing vs. Samtex Desinz (2021)

Supreme Court Clarifies Definition of Financial Debt Under IBC for Interest-Free Loans: Orator Marketing vs. Samtex Desinz (2021) LEGAL ISSUE: Whether an interest-free term loan for working capital qualifies as a “financial debt” under the Insolvency and Bankruptcy Code (IBC). CASE TYPE: Insolvency Law Case Name: M/s Orator Marketing Pvt. Ltd. vs. M/s Samtex Desinz

Supreme Court clarifies definition of Financial Debt under IBC for Interest-Free Loans: Orator Marketing vs. Samtex Desinz (2021) Read Post »

Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021)

Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021) LEGAL ISSUE: Whether the delay in filing an appeal from a decree passed by a Family Court under the Special Marriage Act, 1954 can be condoned under Section 5 of the Limitation Act, 1963. CASE

Supreme Court Clarifies Condonation of Delay in Divorce Appeals Under Special Marriage Act: Arunoday Singh vs. Lee Anne Elton (2021) Read Post »

Supreme Court Stays Criminal Proceedings in Loan and Voter Fraud Case: A.P. Mahesh Cooperative Bank (2021)

Supreme Court Stays Criminal Proceedings in Loan and Voter Fraud Case: A.P. Mahesh Cooperative Bank (2021) LEGAL ISSUE: Whether a High Court can stay criminal proceedings, including arrests, when there are underlying civil disputes and allegations of mala fide intent. CASE TYPE: Criminal Case Name: A P Mahesh Cooperative Urban Bank Shareholders Welfare Association vs.

Supreme Court Stays Criminal Proceedings in Loan and Voter Fraud Case: A.P. Mahesh Cooperative Bank (2021) Read Post »

Supreme Court Overturns Bombay High Court Order on Dilapidated Building Repairs: Shubhas Jain vs. Rajeshwari Shivam (20 July 2021)

Supreme Court Overturns Bombay High Court Order on Dilapidated Building Repairs: Shubhas Jain vs. Rajeshwari Shivam (2021) LEGAL ISSUE: Whether a High Court can direct repairs of a building declared dangerous based on conflicting technical reports. CASE TYPE: Civil (Property Law) Case Name: Shubhas Jain vs. Rajeshwari Shivam & Ors. Judgment Date: 20 July 2021

Supreme Court Overturns Bombay High Court Order on Dilapidated Building Repairs: Shubhas Jain vs. Rajeshwari Shivam (20 July 2021) Read Post »

Study Leave During Pandemic: Supreme Court directs reconsideration of denial of study leave: Dr. Rohit Kumar vs. Secretary Office of Lt. Governor of Delhi & Ors. (15 July 2021)

Supreme Court Directs Reconsideration of Study Leave for Doctor Amidst COVID-19: Dr. Rohit Kumar vs. Secretary Office of Lt. Governor of Delhi & Ors. (2021) LEGAL ISSUE: Whether a government doctor can be denied study leave during a pandemic. CASE TYPE: Service Law Case Name: Dr. Rohit Kumar vs. Secretary Office of Lt. Governor of

Study Leave During Pandemic: Supreme Court directs reconsideration of denial of study leave: Dr. Rohit Kumar vs. Secretary Office of Lt. Governor of Delhi & Ors. (15 July 2021) Read Post »

Supreme Court Quashes Criminal Proceedings in Enrica Lexie Case, Awards Compensation (15 June 2021)

Supreme Court Quashes Criminal Proceedings in Enrica Lexie Case, Awards Compensation LEGAL ISSUE: Resolution of criminal proceedings and compensation in a maritime incident involving foreign nationals. CASE TYPE: Criminal, International Law Case Name: Massimilano Latorre and others vs. Union of India and others Judgment Date: 15 June 2021 Date of the Judgment: 15 June 2021

Supreme Court Quashes Criminal Proceedings in Enrica Lexie Case, Awards Compensation (15 June 2021) Read Post »

Supreme Court Clarifies Cess Applicability on Supply Contracts under the Building and Other Construction Workers Act: Uttar Pradesh Power Transmission Corporation Ltd. vs. CG Power and Industrial Solutions Limited (2021) INSC 303 (12 May 2021)

Supreme Court Clarifies Cess Applicability on Supply Contracts under the Building and Other Construction Workers Act Date of the Judgment: 12 May 2021 Citation: (2021) INSC 303 Judges: Uday Umesh Lalit, J., Indira Banerjee, J. Can a government entity demand labor cess on a contract that solely involves the supply of equipment, without any construction

Supreme Court Clarifies Cess Applicability on Supply Contracts under the Building and Other Construction Workers Act: Uttar Pradesh Power Transmission Corporation Ltd. vs. CG Power and Industrial Solutions Limited (2021) INSC 303 (12 May 2021) Read Post »

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