Indu Malhotra

Supreme Court Enhances Compensation for Driver with 100% Disability Under Workmen’s Compensation Act (10 December 2019)

/ Functional Disability, Indu Malhotra, Judges, Loss of Earning Capacity, Uday Umesh Lalit, Workmen's Compensation Act, 1923, Workmen's Compensation Act, 1923 with Section 4

Supreme Court Enhances Compensation for Driver with 100% Disability Under Workmen’s Compensation Act LEGAL ISSUE: Assessment of functional disability and compensation under the Workmen’s Compensation Act, 1923 for a driver who can no longer work due to injuries. CASE TYPE: Workmen’s Compensation. Case Name: Sri Chanappa Nagappa Muchalagoda v. Divisional Manager, New India Insurance Company […]

Supreme Court Enhances Compensation for Driver with 100% Disability Under Workmen’s Compensation Act (10 December 2019) Read Post »

Supreme Court Upholds Conviction in Dacoity Case Based on Eyewitness Testimony: Raja vs. State (2019)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 394, Indian Penal Code, 1860 with Section 395, Indian Penal Code, 1860 with Section 396, Indu Malhotra, Judges, Uday Umesh Lalit

Supreme Court Upholds Conviction in Dacoity Case Based on Eyewitness Testimony: Raja vs. State (2019) LEGAL ISSUE: Whether eyewitness testimony is sufficient for conviction in a dacoity case, especially when there are claims of the accused being shown to the witnesses before the Test Identification Parade (TIP). CASE TYPE: Criminal Law – Dacoity Case Name:

Supreme Court Upholds Conviction in Dacoity Case Based on Eyewitness Testimony: Raja vs. State (2019) Read Post »

Supreme Court Orders Retrial in S.N. Gupta Murder Case: State of NCT of Delhi vs. Shiv Charan Bansal (2019)

/ Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 227, Criminal Procedure Code, 1973 with Section 391, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Offences Against Human Body, R. Subhash Reddy

Supreme Court Orders Retrial in S.N. Gupta Murder Case: State of NCT of Delhi vs. Shiv Charan Bansal (2019) LEGAL ISSUE: Whether there was sufficient evidence to frame charges of criminal conspiracy and murder against the accused. CASE TYPE: Criminal Case Name: State of NCT of Delhi vs. Shiv Charan Bansal & Ors. Judgment Date:

Supreme Court Orders Retrial in S.N. Gupta Murder Case: State of NCT of Delhi vs. Shiv Charan Bansal (2019) Read Post »

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indu Malhotra, Judges, Krishna Murari, 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 19, Uday Umesh Lalit

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123 LEGAL ISSUE: Whether sanction under Section 19 of the Prevention of Corruption Act, 1988 is required to prosecute a public servant after retirement. CASE TYPE: Criminal. Case Name: Station House Officer, CBI/ACB/Bangalore vs. B.A. Srinivasan.

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123 Read Post »

Supreme Court Directs Fresh Review of Tamil Nadu Pay Scales: Tamil Nadu Rural Development Engineers vs. Government of Tamil Nadu (28 November 2019)

/ Constitutional Law, Constitutional Law with Article 14, D. Murugesan, Government Employees, Indu Malhotra, Judges, Natural Justice, Pay Scales, Service Law, Uday Umesh Lalit

Supreme Court Directs Fresh Review of Tamil Nadu Pay Scales: Tamil Nadu Rural Development Engineers vs. Government of Tamil Nadu (2019) LEGAL ISSUE: Whether the State Government can reduce the pay scales of its employees after initially granting them higher pay based on the recommendations of a pay commission. CASE TYPE: Service Law Case Name:

Supreme Court Directs Fresh Review of Tamil Nadu Pay Scales: Tamil Nadu Rural Development Engineers vs. Government of Tamil Nadu (28 November 2019) Read Post »

Supreme Court Upholds Conviction for Bribery: Vinod Kumar Garg vs. State (27 November 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indu Malhotra, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13, Prevention of Corruption Act, 1988 with Section 20, Prevention of Corruption Act, 1988 with Section 7, Sanjiv Khanna

Supreme Court Upholds Conviction in Bribery Case: Vinod Kumar Garg vs. State (2019) LEGAL ISSUE: Whether the conviction of a public servant for accepting a bribe was valid despite inconsistencies in witness testimonies and challenges to the sanction order. CASE TYPE: Criminal (Prevention of Corruption Act, 1988) Case Name: Vinod Kumar Garg vs. State (Government

Supreme Court Upholds Conviction for Bribery: Vinod Kumar Garg vs. State (27 November 2019) Read Post »

Supreme Court Clarifies Scope of Section 11 of the Arbitration Act on Limitation: Uttarakhand Purv Sainik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd. (27 November 2019)

/ Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 21, Contract Act, 1872, Contract Act, 1872 with Section 7, Indu Malhotra, Judges

Supreme Court Clarifies Scope of Section 11 of the Arbitration Act on Limitation: Uttarakhand Purv Sainik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd. (2019) LEGAL ISSUE: Whether the High Court was correct in rejecting an application under Section 11 of the Arbitration and Conciliation Act, 1996, on the grounds that it was barred by

Supreme Court Clarifies Scope of Section 11 of the Arbitration Act on Limitation: Uttarakhand Purv Sainik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd. (27 November 2019) Read Post »

Supreme Court clarifies the scope of International Commercial Arbitration and the impartiality of arbitrators: Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd. (26 November 2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), Indu Malhotra, International Commercial Arbitration, Judges, Uday Umesh Lalit

Date of the Judgment: 26 November 2019 Citation: Not Available Judges: Uday Umesh Lalit, J., Indu Malhotra, J. Can a party to a contract appoint an arbitrator when that party has an interest in the outcome of the dispute? The Supreme Court of India addressed this critical question in a set of arbitration applications, clarifying

Supreme Court clarifies the scope of International Commercial Arbitration and the impartiality of arbitrators: Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd. (26 November 2019) Read Post »

Supreme Court Upholds Vicarious Liability in Murder Case: State of Madhya Pradesh vs. Killu @ Kailash & Ors. (2019)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Offences Against Human Body, Uday Umesh Lalit

Supreme Court Upholds Vicarious Liability in Murder Case: State of Madhya Pradesh vs. Killu @ Kailash & Ors. (2019) LEGAL ISSUE: Whether members of an unlawful assembly can be held vicariously liable for a murder committed by other members of the same assembly, even if they did not directly inflict the fatal injuries. CASE TYPE:

Supreme Court Upholds Vicarious Liability in Murder Case: State of Madhya Pradesh vs. Killu @ Kailash & Ors. (2019) Read Post »

Supreme Court Halts High Court Auction Amidst Insolvency Proceedings: Anand Rao Korada vs. M/s. Varsha Fabrics (P) Ltd. (2019)

/ Corporate Insolvency Resolution Process, Indu Malhotra, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 238, Judges, R. Subhash Reddy

Supreme Court Halts High Court Auction Amidst Insolvency Proceedings: Anand Rao Korada vs. M/s. Varsha Fabrics (P) Ltd. (2019) LEGAL ISSUE: Whether the High Court can proceed with auctioning the assets of a company when insolvency proceedings have commenced before the National Company Law Tribunal (NCLT). CASE TYPE: Insolvency Law Case Name: Anand Rao Korada

Supreme Court Halts High Court Auction Amidst Insolvency Proceedings: Anand Rao Korada vs. M/s. Varsha Fabrics (P) Ltd. (2019) Read Post »

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 25, D.Y. Chandrachud, Essential Religious Practice, Fundamental Rights, Indu Malhotra, Judges, R.F. Nariman, Ranjan Gogoi, Religious Denomination, Religious Law

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019) LEGAL ISSUE: Whether the exclusion of women of menstruating age from the Sabarimala Temple is constitutional. CASE TYPE: Religious Rights/Constitutional Law Case Name: Kantaru Rajeevaru vs. Indian Young Lawyers Association [Judgment Date]: November 14, 2019 Introduction Date of the Judgment: November 14, 2019

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019) Read Post »

Supreme Court Upholds High Court’s Power to Re-Initiate Disciplinary Proceedings: Hari Niwas Gupta vs. State of Bihar (2019)

/ Constitutional Law, Constitutional Law with Article 311, Disciplinary Proceedings, Fundamental Rights, Indu Malhotra, Judges, Judicial Service, Sanjiv Khanna, Service Law

Supreme Court Upholds High Court’s Power to Re-Initiate Disciplinary Proceedings: Hari Niwas Gupta vs. State of Bihar (2019) LEGAL ISSUE: Whether a High Court can re-initiate disciplinary proceedings against judicial officers after a previous dismissal order was set aside for lack of recorded reasons, and whether the High Court or the Governor is the competent

Supreme Court Upholds High Court’s Power to Re-Initiate Disciplinary Proceedings: Hari Niwas Gupta vs. State of Bihar (2019) Read Post »

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