Indu Malhotra

Supreme Court Upholds Conviction in Murder Case Based on Dying Declarations: Dayaram vs. State of Madhya Pradesh (2019)

Supreme Court Upholds Conviction in Murder Case Based on Dying Declarations: Dayaram vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Admissibility and evidentiary value of dying declarations in a murder case. CASE TYPE: Criminal Case Name: Dayaram & Another vs. State of Madhya Pradesh Judgment Date: 7 November 2019 Introduction Date of the Judgment: 7 […]

Supreme Court Upholds Conviction in Murder Case Based on Dying Declarations: Dayaram vs. State of Madhya Pradesh (2019) Read Post »

Appointment of Sole Arbitrator: Supreme Court Resolves Arbitration Dispute in M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan (2019)

Supreme Court Appoints Sole Arbitrator in Dispute Between M/S. Shaf Broadcast Pvt. Ltd. and Doordarshan (2019) LEGAL ISSUE: Appointment of an arbitrator in an international commercial arbitration. CASE TYPE: Arbitration Case Name: M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan – A Constituent of Prasar Bharti & Anr. Judgment Date: 7 November 2019 Introduction Date of

Appointment of Sole Arbitrator: Supreme Court Resolves Arbitration Dispute in M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan (2019) Read Post »

Supreme Court clarifies obligations in Chit Funds: Is it a debt or contractual promise? Oriental Kuries Ltd. vs. Lissa & Ors. (2019)

Supreme Court Clarifies Chit Fund Obligations: Debt in Praesenti or Contractual Promise? (2019) LEGAL ISSUE: Determining the nature of the relationship between a chit fund entity and its subscribers, specifically whether the obligation to pay future installments is a debt in praesenti or a contractual promise. CASE TYPE: Civil Appeal (Chit Funds) Case Name: M/s

Supreme Court clarifies obligations in Chit Funds: Is it a debt or contractual promise? Oriental Kuries Ltd. vs. Lissa & Ors. (2019) Read Post »

Supreme Court Orders Further Investigation in Rape Case: Miss XYZ vs. State of Gujarat (25 October 2019)

Supreme Court Orders Further Investigation in Rape Case: Miss XYZ vs. State of Gujarat (2019) LEGAL ISSUE: Whether the High Court should quash a First Information Report (FIR) in a rape case based on a settlement agreement between the parties, especially when the complainant alleges coercion. CASE TYPE: Criminal Case Name: Miss XYZ vs. State

Supreme Court Orders Further Investigation in Rape Case: Miss XYZ vs. State of Gujarat (25 October 2019) Read Post »

Supreme Court clarifies execution of decree against legal heirs in partnership dissolution: S.P. Misra vs. Mohd. Laiquddin Khan (2019)

Supreme Court clarifies execution of decree against legal heirs in partnership dissolution: S.P. Misra vs. Mohd. Laiquddin Khan (2019) LEGAL ISSUE: Whether a decree obtained against a partner can be executed against their legal heirs after the dissolution of the partnership due to the partner’s death. CASE TYPE: Civil Law, Partnership. Case Name: S.P. Misra

Supreme Court clarifies execution of decree against legal heirs in partnership dissolution: S.P. Misra vs. Mohd. Laiquddin Khan (2019) Read Post »

Supreme Court quashes abetment to suicide charges: State of West Bengal vs. Indrajit Kundu & Ors. (2019) INSC 885 (October 18, 2019)

Supreme Court quashes abetment to suicide charges: State of West Bengal vs. Indrajit Kundu & Ors. (2019) INSC 885 (October 18, 2019) LEGAL ISSUE: Whether calling someone a “call-girl” constitutes abetment to suicide under Section 306 of the Indian Penal Code. CASE TYPE: Criminal Law Case Name: State of West Bengal vs. Indrajit Kundu &

Supreme Court quashes abetment to suicide charges: State of West Bengal vs. Indrajit Kundu & Ors. (2019) INSC 885 (October 18, 2019) Read Post »

Supreme Court clarifies the impact of illegal personal search on vehicle contraband recovery in NDPS Act cases (15 October 2019)

Supreme Court Clarifies the Impact of Illegal Personal Search on Vehicle Contraband Recovery in NDPS Act Cases Date of the Judgment: 15 October 2019 Citation: 2019 INSC 1057 Judges: Uday Umesh Lalit, J., Indu Malhotra, J., Krishna Murari, J. Can evidence of contraband recovered from a vehicle be used against an accused if their personal

Supreme Court clarifies the impact of illegal personal search on vehicle contraband recovery in NDPS Act cases (15 October 2019) Read Post »

Supreme Court settles the issue of applicability of IPC in motor vehicle accident cases: State of Arunachal Pradesh vs. Ramchandra Rabidas (2019) INSC 974 (4 October 2019)

Supreme Court Clarifies: Prosecution Under Both IPC and MV Act Permissible in Road Accident Cases (2019) Date of the Judgment: 4 October 2019 Citation: (2019) INSC 974 Judges: Indu Malhotra, J., Sanjiv Khanna, J. Can a person be prosecuted under both the Indian Penal Code, 1860 (IPC) and the Motor Vehicles Act, 1988 (MV Act)

Supreme Court settles the issue of applicability of IPC in motor vehicle accident cases: State of Arunachal Pradesh vs. Ramchandra Rabidas (2019) INSC 974 (4 October 2019) Read Post »

Supreme Court Converts Murder Conviction to Culpable Homicide: Satish Kumar vs. State of Haryana (2019)

Supreme Court Converts Murder Conviction to Culpable Homicide: Satish Kumar vs. State of Haryana (2019) LEGAL ISSUE: Whether the conviction for murder under Section 302 of the Indian Penal Code (IPC) was justified, or if it should be converted to culpable homicide not amounting to murder under Section 304 Part I of the IPC. CASE

Supreme Court Converts Murder Conviction to Culpable Homicide: Satish Kumar vs. State of Haryana (2019) Read Post »

Supreme Court Upholds State Regulations for Minority B.Ed. Admissions: Andhra Kesari College of Education vs. State of Andhra Pradesh (25 September 2019)

Date of the Judgment: 25 September 2019 Citation: 2019 INSC 885 Judges: Justice Indu Malhotra and Justice Sanjiv Khanna Can a state government regulate admissions to minority educational institutions to prevent misuse of minority status? The Supreme Court of India addressed this critical question in a case concerning B.Ed. admissions in Andhra Pradesh. The Court

Supreme Court Upholds State Regulations for Minority B.Ed. Admissions: Andhra Kesari College of Education vs. State of Andhra Pradesh (25 September 2019) Read Post »

Supreme Court settles liability of Managing Director in Factories Act Violation: Subir Bose vs. Inspector of Factories (2019)

Supreme Court Settles Liability of Managing Director in Factories Act Violation: Subir Bose vs. Inspector of Factories (2019) LEGAL ISSUE: Liability of a Managing Director for violations under the Factories Act, 1948. CASE TYPE: Criminal Law. Case Name: Shri Subir Bose vs. Inspector of Factories. Judgment Date: 24 September 2019 Introduction Date of the Judgment:

Supreme Court settles liability of Managing Director in Factories Act Violation: Subir Bose vs. Inspector of Factories (2019) Read Post »

Supreme Court Upholds 25% Pre-Deposit for First Appeals under Punjab VAT Act: Tecnimont Pvt. Ltd. vs. State of Punjab (2019) INSC 793 (18 September 2019)

Supreme Court Upholds 25% Pre-Deposit for First Appeals under Punjab VAT Act Date of the Judgment: 18 September 2019 Citation: (2019) INSC 793 Judges: Uday Umesh Lalit, J., Indu Malhotra, J. Can a tax appeal be dismissed if the appellant doesn’t deposit a portion of the tax demanded? The Supreme Court recently addressed this question,

Supreme Court Upholds 25% Pre-Deposit for First Appeals under Punjab VAT Act: Tecnimont Pvt. Ltd. vs. State of Punjab (2019) INSC 793 (18 September 2019) Read Post »

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