Indu Malhotra

Custody Battle: Supreme Court Grants Father Custody in Cross-Border Dispute (28 October 2020)

Custody Battle: Supreme Court Grants Father Custody in Cross-Border Dispute (2020) LEGAL ISSUE: Determining child custody in a cross-border dispute where parents have different citizenships and the child has dual citizenship. CASE TYPE: Family Law, Guardianship Case Name: Smriti Madan Kansagra v. Perry Kansagra Judgment Date: 28 October 2020 Can a child’s custody be transferred […]

Custody Battle: Supreme Court Grants Father Custody in Cross-Border Dispute (28 October 2020) Read Post »

Child Custody and Relocation: Supreme Court Permits Mother to Take Child to Singapore: Ritika Sharan vs. Sujoy Ghosh (28 October 2020)

Supreme Court Allows Mother to Take Child to Singapore in Custody Battle: Ritika Sharan vs. Sujoy Ghosh (2020) LEGAL ISSUE: Child custody and relocation disputes in the context of parental separation. CASE TYPE: Family Law (Custody and Relocation) Case Name: Mrs Ritika Sharan vs. Mr Sujoy Ghosh [Judgment Date]: 28 October 2020 Introduction Date of

Child Custody and Relocation: Supreme Court Permits Mother to Take Child to Singapore: Ritika Sharan vs. Sujoy Ghosh (28 October 2020) Read Post »

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition: Bajaj Allianz Life Insurance vs. Dalbir Kaur (2020)

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition LEGAL ISSUE: Whether non-disclosure of a pre-existing medical condition by the insured justifies the repudiation of an insurance claim. CASE TYPE: Consumer Law Case Name: Branch Manager, Bajaj Allianz Life Insurance Company Ltd and Others vs. Dalbir Kaur [Judgment Date]: 9 October 2020 Introduction

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition: Bajaj Allianz Life Insurance vs. Dalbir Kaur (2020) Read Post »

Supreme Court Quashes Gujarat Factory Exemptions: Upholding Worker Rights During COVID-19 (1 October 2020)

Supreme Court Quashes Gujarat Factory Exemptions: Upholding Worker Rights During COVID-19 LEGAL ISSUE: Whether the COVID-19 pandemic and the resulting lockdown constitute a ‘public emergency’ under Section 5 of the Factories Act, 1948, justifying exemptions from labor laws. CASE TYPE: Labor Law, Constitutional Law Case Name: Gujarat Mazdoor Sabha & Anr. vs. The State of

Supreme Court Quashes Gujarat Factory Exemptions: Upholding Worker Rights During COVID-19 (1 October 2020) Read Post »

Supreme Court Sets Aside High Court Conditions for Child Repatriation to the US in Habeas Corpus Case: Sri Nilanjan Bhattacharya vs. State of Karnataka (2020) INSC 483 (23 September 2020)

Supreme Court Sets Aside High Court Conditions for Child Repatriation to the US in Habeas Corpus Case LEGAL ISSUE: Whether the High Court can impose conditions on the repatriation of a child to their native country in a habeas corpus petition, especially concerning health certificates related to a pandemic. CASE TYPE: Habeas Corpus, Child Custody

Supreme Court Sets Aside High Court Conditions for Child Repatriation to the US in Habeas Corpus Case: Sri Nilanjan Bhattacharya vs. State of Karnataka (2020) INSC 483 (23 September 2020) Read Post »

Customs Duty on Goods from Pakistan: Supreme Court Interprets “Date” of Bill of Entry (23 September 2020)

Supreme Court Clarifies Customs Duty Rate on Imports from Pakistan Post-Pulwama LEGAL ISSUE: Determination of the applicable customs duty rate on imported goods based on the date of bill of entry presentation versus the date of notification of duty change. CASE TYPE: Customs Law, Import Duty Case Name: Union of India & Ors. vs. M/S

Customs Duty on Goods from Pakistan: Supreme Court Interprets “Date” of Bill of Entry (23 September 2020) Read Post »

Supreme Court Clarifies Limitation for Enforcing Foreign Awards in Arbitration Cases: Government of India vs. Vedanta Limited (2020)

Supreme Court Clarifies Limitation for Enforcing Foreign Awards: Government of India vs. Vedanta Limited (2020) LEGAL ISSUE: Limitation period for enforcing foreign arbitral awards in India. CASE TYPE: Arbitration Law Case Name: Government of India vs. Vedanta Limited [Judgment Date]: 16 September 2020 Date of the Judgment: 16 September 2020 Citation: (2020) INSC 728 Judges:

Supreme Court Clarifies Limitation for Enforcing Foreign Awards in Arbitration Cases: Government of India vs. Vedanta Limited (2020) Read Post »

Supreme Court Clarifies Tax Deductibility of Grants by National Cooperative Development Corporation: National Co-operative Development Corporation vs. Commissioner of Income Tax, Delhi-V (2020) INSC 649 (11 September 2020)

Supreme Court Clarifies Tax Deductibility of Grants by National Cooperative Development Corporation Date of the Judgment: 11 September 2020 Citation: (2020) INSC 649 Judges: Sanjay Kishan Kaul, J., Indu Malhotra, J. Can a government entity deduct grants given for its business purposes from its taxable income? The Supreme Court of India addressed this question in

Supreme Court Clarifies Tax Deductibility of Grants by National Cooperative Development Corporation: National Co-operative Development Corporation vs. Commissioner of Income Tax, Delhi-V (2020) INSC 649 (11 September 2020) Read Post »

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020)

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020) LEGAL ISSUE: Whether hospitals providing some free services fall under the purview of the Consumer Protection Act, 1986. CASE TYPE: Consumer Law Case Name: Union of India & Anr vs. N K Srivasta & Ors

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020) Read Post »

Supreme Court clarifies eligibility for Labour Welfare Superintendent post: North Delhi Municipal Corporation vs. Kavinder (2020)

Supreme Court clarifies eligibility for Labour Welfare Superintendent post: North Delhi Municipal Corporation vs. Kavinder (2020) LEGAL ISSUE: Whether an MBA degree with Human Resource Management and Industrial Relations subjects fulfills the eligibility criteria for a Labour Welfare Superintendent post requiring a post-graduate degree/diploma in allied subjects. CASE TYPE: Service Law Case Name: North Delhi

Supreme Court clarifies eligibility for Labour Welfare Superintendent post: North Delhi Municipal Corporation vs. Kavinder (2020) Read Post »

Supreme Court Upholds Royal Family’s Shebaitship in Sree Padmanabhaswamy Temple Management: Marthanda Varma vs. State of Kerala (2020)

Supreme Court Upholds Royal Family’s Shebaitship in Sree Padmanabhaswamy Temple Management LEGAL ISSUE: Whether the Royal Family of Travancore retains the right to manage the Sree Padmanabhaswamy Temple as Shebaits, despite the abolition of privy purses and princely privileges. CASE TYPE: Civil Law, Religious Endowments. Case Name: Sri Marthanda Varma (D) Thr. LRs. & Anr.

Supreme Court Upholds Royal Family’s Shebaitship in Sree Padmanabhaswamy Temple Management: Marthanda Varma vs. State of Kerala (2020) Read Post »

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Date of the Judgment: July 09, 2020 Citation: (2020) INSC 377 Judges: L. Nageswara Rao, J., Indu Malhotra, J. Can a sale deed be cancelled years after its execution, merely on the ground that the full

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Read Post »

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