Indu Malhotra

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018)

/ Abhay Manohar Sapre, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Indu Malhotra, Judges, Judicial Review, Natural Justice, Right to be Heard

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case Date of the Judgment: 03 December 2018 Citation: (2018) INSC 1025 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can a court issue orders affecting parties without giving them a chance to be heard? The Supreme Court recently addressed this fundamental […]

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018) Read Post »

Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018)

/ Abhay Manohar Sapre, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304A, Indu Malhotra, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 158, Motor Vehicles Act, 1988 with Section 166, Motor Vehicles Act, 1988 with Section 168

Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018) LEGAL ISSUE: Whether the Motor Accident Claims Tribunal and High Court were justified in dismissing a claim petition for want of evidence, despite the claimants producing sufficient evidence to prove the accident. CASE TYPE: Motor Accident Compensation.

Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018) Read Post »

Supreme Court Modifies Sentence in Abkari Act Case: Santosh Kumar vs. State of Kerala (2018)

/ Abhay Manohar Sapre, Abkari Act, Abkari Act with Section 55, Criminal Law, Indu Malhotra, Judges, Offences Related to Liquor, Sentencing

Supreme Court Modifies Sentence in Abkari Act Case: Santosh Kumar vs. State of Kerala (2018) LEGAL ISSUE: Whether the High Court was correct in its sentencing under Section 55(a) of the Abkari Act. CASE TYPE: Criminal Law Case Name: Santosh @ Santosh Kumar vs. State of Kerala [Judgment Date]: November 16, 2018 Date of the

Supreme Court Modifies Sentence in Abkari Act Case: Santosh Kumar vs. State of Kerala (2018) Read Post »

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes, Industrial Law, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(c), Standing Orders

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018) LEGAL ISSUE: Whether an employer can add “break in service” as a form of punishment in the certified standing orders. CASE TYPE: Industrial Dispute Case Name: The Management of Sri Ramnarayan Mills

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018) Read Post »

Supreme Court Clarifies Interest Calculation on Compensation under Workmen’s Compensation Act: North East Karnataka Road Transport Corporation vs. Smt. Sujatha (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Interest on Compensation, Judges, Workmen's Compensation Act, 1923, Workmen's Compensation Act, 1923 with Section 30, Workmen's Compensation Act, 1923 with Section 4A

Supreme Court Clarifies Interest Calculation on Compensation under Workmen’s Compensation Act: North East Karnataka Road Transport Corporation vs. Smt. Sujatha (2018) LEGAL ISSUE: Calculation of interest on compensation under the Workmen’s Compensation Act, 1923. CASE TYPE: Labour Law, Workmen’s Compensation Case Name: North East Karnataka Road Transport Corporation vs. Smt. Sujatha [Judgment Date]: November 2,

Supreme Court Clarifies Interest Calculation on Compensation under Workmen’s Compensation Act: North East Karnataka Road Transport Corporation vs. Smt. Sujatha (2018) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ramvir vs. State of Uttar Pradesh (26 October 2018)

/ Abhay Manohar Sapre, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 148, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Murder, Rioting, Unlawful Assembly

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ramvir vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the High Court was justified in convicting the appellant under Section 302 of the Indian Penal Code, 1860 and Sections 148 and 149 of the Indian Penal Code, 1860, when the trial court

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ramvir vs. State of Uttar Pradesh (26 October 2018) Read Post »

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018)

/ Abhay Manohar Sapre, Breach of contract, Contract Law, Contractual Obligations, Employee Rights, Eviction, Indu Malhotra, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Retirement Benefits, Service Law

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) LEGAL ISSUE: Whether retired employees of a university can claim a right to continue occupying university-allotted housing after their retirement, based on a cancelled allotment and subsequent payment to the housing board. CASE TYPE: Civil Law

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) Read Post »

Supreme Court Upholds Conviction in Murder Case, Directs Consideration of Remission: Rajendra Singh vs. State of Uttar Pradesh (2018)

/ Abhay Manohar Sapre, Arms Act, 1959, Arms Act, 1959 with Section 25, Arms Act, 1959 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case, Directs Consideration of Remission: Rajendra Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the acquittal order of the Sessions Judge and convicting the accused for murder. CASE TYPE: Criminal Case Name: Rajendra Singh vs. State of Uttar Pradesh Judgment

Supreme Court Upholds Conviction in Murder Case, Directs Consideration of Remission: Rajendra Singh vs. State of Uttar Pradesh (2018) Read Post »

Supreme Court Grants Leave to Appeal in Housing Society Case: Dahisar Saraswati Co-op. Housing Society Ltd. vs. State of Maharashtra (2018)

/ Abhay Manohar Sapre, Appeals, Criminal Procedure Code, Criminal Procedure Code with Section 378(4), Indu Malhotra, Judges, Maharashtra Ownership Flats Act, Violations of Maharashtra Ownership Flats Act

Supreme Court Grants Leave to Appeal in Housing Society Case: Dahisar Saraswati Co-op. Housing Society Ltd. vs. State of Maharashtra (2018) LEGAL ISSUE: Whether the High Court was justified in declining to grant leave to file an appeal against the order of the Metropolitan Magistrate. CASE TYPE: Criminal Case Name: Dahisar Saraswati Co-op. Housing Society

Supreme Court Grants Leave to Appeal in Housing Society Case: Dahisar Saraswati Co-op. Housing Society Ltd. vs. State of Maharashtra (2018) Read Post »

Supreme Court Upholds Reinstatement, Orders Back Wages for Deceased LIC Employee: Life Insurance Corporation of India vs. Sri Kalappa M. Sankad (2018) INSC 886

/ Abhay Manohar Sapre, Back Wages, Indu Malhotra, Judges, Life Insurance Corporation of India, Reinstatement, Service Law, Service Rules, Termination of Service

Supreme Court Upholds Reinstatement, Orders Back Wages for Deceased LIC Employee: Life Insurance Corporation of India vs. Sri Kalappa M. Sankad (2018) INSC 886 Date of the Judgment: 12 October 2018 Citation: (2018) INSC 886 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can an employer’s termination order be set aside even if the employee

Supreme Court Upholds Reinstatement, Orders Back Wages for Deceased LIC Employee: Life Insurance Corporation of India vs. Sri Kalappa M. Sankad (2018) INSC 886 Read Post »

Supreme Court Upholds Conspiracy Conviction in Murder Case: Bilal Hajar vs. State (2018)

/ Abhay Manohar Sapre, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120A, Indian Penal Code, 1860 with Section 120B, Indu Malhotra, Judges

Supreme Court Upholds Conspiracy Conviction in Murder Case: Bilal Hajar vs. State (2018) LEGAL ISSUE: Whether the appellant was part of a criminal conspiracy to murder the deceased. CASE TYPE: Criminal Law Case Name: Bilal Hajar @ Abdul Hameed vs. State Rep. by the Inspector of Police Judgment Date: 10 October 2018 Date of the

Supreme Court Upholds Conspiracy Conviction in Murder Case: Bilal Hajar vs. State (2018) Read Post »

Supreme Court overturns conviction in corruption case due to lack of conspiracy proof: Dashrath Singh Chauhan vs. CBI (2018)

/ Abhay Manohar Sapre, Criminal Conspiracy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indu Malhotra, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 7

Supreme Court overturns conviction in corruption case due to lack of conspiracy proof: Dashrath Singh Chauhan vs. CBI (2018) LEGAL ISSUE: Whether a public servant can be convicted under the Prevention of Corruption Act, 1988 when the charge of criminal conspiracy is not proved and the bribe money was accepted by a co-accused. CASE TYPE:

Supreme Court overturns conviction in corruption case due to lack of conspiracy proof: Dashrath Singh Chauhan vs. CBI (2018) Read Post »

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