Date of the Judgment: 28 September 2018 Citation: (2018) INSC 837 Judges: Dipak Misra, CJI; A.M. Khanwilkar, J; R.F. Nariman, J; D.Y. Chandrachud, J; Indu Malhotra, J (Majority Opinion by Dipak Misra, CJI, concurring opinion by R.F. Nariman and D.Y. Chandrachud, J; Dissenting Opinion by Indu Malhotra, J) Can a centuries-old tradition justify the exclusion […]
Supreme Court Decriminalizes Adultery: Joseph Shine vs. Union of India (2018) LEGAL ISSUE: Whether Section 497 of the Indian Penal Code, which criminalizes adultery, and Section 198 of the Code of Criminal Procedure, which deals with the procedure for filing a complaint, are constitutionally valid. CASE TYPE: Criminal, Constitutional Law Case Name: Joseph Shine vs.
Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018) LEGAL ISSUE: Whether the state needs to collect quantifiable data on the backwardness of Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation in promotions. CASE TYPE: Service Law, Constitutional Law Case Name: Jarnail Singh & Others vs. Lachhmi
Supreme Court Clarifies Disqualification for Membership of Parliament and State Legislatures Date of the Judgment: 25 September 2018 Citation: Not Available Judges: Dipak Misra, CJI, Rohinton Fali Nariman J, A.M. Khanwilkar J, Dr. D.Y. Chandrachud J, Indu Malhotra J. The judgment was unanimous and authored by Dipak Misra, CJI. Can the Supreme Court disqualify a
Supreme Court Dismisses Tax Appeals Below 1 Crore: Commissioner of Income Tax vs. Hotel and Allied Trades (P) Ltd. (2018) LEGAL ISSUE: Whether appeals with a tax effect below ₹1 crore should be dismissed based on a Central Board of Direct Taxes (CBDT) circular. CASE TYPE: Tax Law Case Name: Commissioner of Income Tax, Kochi
LEGAL ISSUE: Constitutional validity of Section 377 of the Indian Penal Code, 1860, specifically concerning consensual same-sex relations between adults. CASE TYPE: Criminal, Constitutional Law Case Name: Navtej Singh Johar & Ors. vs. Union of India [Judgment Date]: 6 September 2018 Date of the Judgment: 6 September 2018 Citation: (2018) 10 SCC 1 Judges: Dipak
Supreme Court Upholds Army Postings: ASC Personnel in Operational Roles (2018) LEGAL ISSUE: Whether personnel of the Army Service Corps (ASC) can be posted to operational areas. CASE TYPE: Service Law Case Name: Maj. Amod Kumar vs. Union of India & Anr. Judgment Date: September 6, 2018 Date of the Judgment: September 6, 2018 Citation:
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Supreme Court Enhances Compensation for Accident Victim with 75% Disability: Anant vs. Pratap (2018) LEGAL ISSUE: Determination of just compensation in motor accident claims involving permanent disability. CASE TYPE: Motor Vehicle Accident Claim Case Name: Anant Son of Sidheshwar Dukre v. Pratap Son of Zhamnnappa Lamzane & Another Judgment Date: 21 August 2018 Date of
Supreme Court Upholds Conviction in Cheque Dishonor Case: T.P. Murugan vs. Bojan (2018) LEGAL ISSUE: Whether a cheque issued is presumed to be for a legally enforceable debt or liability, and the conditions for rebutting such presumption. CASE TYPE: Criminal – Negotiable Instruments Act Case Name: T.P. Murugan (Dead) Thr. Lrs. vs. Bojan & Posa
Supreme Court Upholds Conviction in Cheque Dishonor Case: T.P. Murugan vs. Bojan (2018) Read Post »
Supreme Court Clarifies Mandatory Nature of Section 34(5) of the Arbitration Act in Bihar Rajya Bhumi Vikas Bank Samiti vs State of Bihar (2018) Date of the Judgment: 30 July 2018 Citation: (2018) INSC 694 Judges: R.F. Nariman, J., Indu Malhotra, J. Can a procedural lapse in filing an application under Section 34 of the
Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date
Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (2018) LEGAL ISSUE: Whether an arbitrator can award pre-reference and pendente lite interest under the Arbitration Act, 1940, when the contract contains a clause barring interest on delayed payments. CASE TYPE: Arbitration Case Name: Reliance Cellulose Products Ltd. vs. Oil
