J.K. Maheshwari

Supreme Court to Reconsider Excommunication in Dawoodi Bohra Community: Central Board of Dawoodi Bohra Community vs. State of Maharashtra (2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 25, Constitutional Law with Article 26, Constitutional Morality, Freedom of Religion, J.K. Maheshwari, Judges, Religious Denominations, Religious Freedom, Sanjay Kishan Kaul, Sanjiv Khanna, Vikram Nath

Supreme Court to Reconsider Excommunication in Dawoodi Bohra Community: Central Board of Dawoodi Bohra Community vs. State of Maharashtra (2023) **Date of the Judgment:** February 10, 2023 **Citation:** 2023 INSC 1152 **Judges:** Sanjay Kishan Kaul, J., Sanjiv Khanna, J., Abhay S. Oka, J., Vikram Nath, J., and J.K. Maheshwari, J. Can the practice of excommunication […]

Supreme Court to Reconsider Excommunication in Dawoodi Bohra Community: Central Board of Dawoodi Bohra Community vs. State of Maharashtra (2023) Read Post »

Supreme Court Upholds High Court Decision on Property Title in Smriti Debbarma vs. Prabha Ranjan Deb Barma (2023) INSC 12

/ Civil Procedure Code, 1908, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 101, Indian Evidence Act, 1872 with Section 102, Indian Evidence Act, 1872 with Section 90, J.K. Maheshwari, Judges, Sanjiv Khanna

Supreme Court Upholds High Court Decision on Property Title in Smriti Debbarma vs. Prabha Ranjan Deb Barma Date of the Judgment: January 4, 2023 Citation: (2023) INSC 12 Judges: Sanjiv Khanna, J. and J.K. Maheshwari, J. Can a claimant succeed in a property dispute based solely on the weakness of the defendant’s case? The Supreme

Supreme Court Upholds High Court Decision on Property Title in Smriti Debbarma vs. Prabha Ranjan Deb Barma (2023) INSC 12 Read Post »

Supreme Court quashes summoning order in breach of trust case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of High Court, J.K. Maheshwari, Judges, Offences Relating to Criminal Breach of Trust, Sanjiv Khanna

Supreme Court quashes summoning order in breach of trust case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) Date of the Judgment: January 2, 2023 Citation: 2023 INSC 1 Judges: Sanjiv Khanna, J. and J.K. Maheshwari, J. Can a mere commercial dispute lead to criminal charges of breach of trust? The Supreme Court

Supreme Court quashes summoning order in breach of trust case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) Read Post »

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, J.K. Maheshwari, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Offences Relating to Property, Sanjiv Khanna

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Whether a mere wrong demand or claim constitutes criminal breach of trust under Section 406 of the Indian Penal Code, 1860. CASE TYPE: Criminal. Case Name: Deepak Gaba and Others vs. State of

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) Read Post »

Supreme Court Upholds Dismissal of CISF Constable for Misconduct: CISF vs. Santosh Kumar Pandey (2022)

/ Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Disciplinary Proceedings, J.K. Maheshwari, Judges, Judicial Review, Misconduct, Sanjiv Khanna, Service Law

CISF vs. Santosh Kumar Pandey: Supreme Court Upholds Dismissal for Misconduct Date of the Judgment: December 16, 2022 Citation: Civil Appeal No. 8671 of 2015 Judges: Sanjiv Khanna, J. and J.K. Maheshwari, J. Can a disciplinary authority’s decision to dismiss an employee be overturned by a High Court based on a re-evaluation of evidence? The

Supreme Court Upholds Dismissal of CISF Constable for Misconduct: CISF vs. Santosh Kumar Pandey (2022) Read Post »

Supreme Court clarifies the application of delay and laches in service matters: State of Uttar Pradesh vs. Rajmati Singh (07 December 2022)

/ Continuing Wrong, Delay and Laches, J.K. Maheshwari, Judges, Service Dispute, Service Law, Surya Kant, U.P. Public Services (Tribunal) Act, 1976, U.P. Public Services (Tribunal) Act, 1976 with Section 5

Supreme Court on Delay and Laches in Service Matters: State of UP vs. Rajmati Singh Date of the Judgment: 07 December 2022 Citation: 2022 INSC 1053 Judges: Hon’ble Mr. Justice Surya Kant and Hon’ble Mr. Justice J.K. Maheshwari Can a government employee, who was not allowed to resume duty after being relieved for training, claim

Supreme Court clarifies the application of delay and laches in service matters: State of Uttar Pradesh vs. Rajmati Singh (07 December 2022) Read Post »

Supreme Court Upholds Dismissal of Second Defamation Complaint: B.R.K. Aathithan vs. Sun Group (29 November 2022)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 362, Code of Criminal Procedure with Section 482, Defamation, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 499, Indian Penal Code, 1860 with Section 500, J.K. Maheshwari, Judges, Surya Kant

Supreme Court Upholds Dismissal of Second Defamation Complaint: B.R.K. Aathithan vs. Sun Group (2022) LEGAL ISSUE: Maintainability of a second criminal complaint on the same facts after the dismissal of the first complaint. CASE TYPE: Criminal Defamation Case Name: B.R.K. Aathithan vs. Sun Group & Anr. Judgment Date: 29 November 2022 Introduction Date of the

Supreme Court Upholds Dismissal of Second Defamation Complaint: B.R.K. Aathithan vs. Sun Group (29 November 2022) Read Post »

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (24 November 2022)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Gujarat Provincial Municipal Corporations Act, 1949, Gujarat Provincial Municipal Corporations Act, 1949 with Section 129, Gujarat Provincial Municipal Corporations Act, 1949 with Section 132, Gujarat Provincial Municipal Corporations Act, 1949 with Section 141AA, J.K. Maheshwari, Judges, Sanjiv Khanna

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (2022) LEGAL ISSUE: Whether charitable institutions are exempt from general tax when property tax is levied based on carpet area. CASE TYPE: Municipal Law, Property Tax Case Name: Parivar Seva Sanstha vs. Ahmedabad Municipal

Supreme Court Upholds Property Tax on Carpet Area Basis, Denies Exemption to Charitable Institutions: Parivar Seva Sanstha vs. Ahmedabad Municipal Corporation (24 November 2022) Read Post »

Supreme Court Upholds Enhanced Land Compensation: Land Acquisition Act Case (22 November 2022)

/ J.K. Maheshwari, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, S. Abdul Nazeer

Supreme Court Upholds Enhanced Land Compensation: Land Acquisition Act Case (22 November 2022) LEGAL ISSUE: Determination of fair compensation for land acquired under the Land Acquisition Act, 1894, including the validity of deductions for development charges. CASE TYPE: Land Acquisition Case Name: The Revenue Divisional Officer & Anr. vs. Ismail Bhai and Others Judgment Date:

Supreme Court Upholds Enhanced Land Compensation: Land Acquisition Act Case (22 November 2022) Read Post »

Supreme Court Allows Amendment to Election Petition: Yendapalli Srinivasulu Reddy vs. Vemireddy Pattabhirami Reddy (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Dinesh Maheshwari, J.K. Maheshwari, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 100, Representation of the People Act, 1951 with Section 33A, Representation of the People Act, 1951 with Section 86

Supreme Court Allows Amendment to Election Petition: Yendapalli Srinivasulu Reddy vs. Vemireddy Pattabhirami Reddy (2022) LEGAL ISSUE: Whether an election petition can be amended to include a new ground of challenge related to non-disclosure of criminal antecedents, when the original petition alleged improper acceptance of nomination. CASE TYPE: Election Law. Case Name: Yendapalli Srinivasulu Reddy

Supreme Court Allows Amendment to Election Petition: Yendapalli Srinivasulu Reddy vs. Vemireddy Pattabhirami Reddy (2022) Read Post »

Supreme Court clarifies the tenure of a Standing Committee of a Municipal Corporation: Hemant Narayan Rasne vs. The Commissioner and Administrator of Pune Municipal Corporation & Ors. (2022) INSC 1029 (19 October 2022)

/ Constitutional Law, Constitutional Law with Article 243U, Dinesh Maheshwari, J.K. Maheshwari, Judges, Maharashtra Municipal Corporations Act, 1949, Maharashtra Municipal Corporations Act, 1949 with Section 20, Maharashtra Municipal Corporations Act, 1949 with Section 6, Maharashtra Municipal Corporations Act, 1949 with Section 6A, Municipal Governance

Supreme Court Clarifies Standing Committee Tenure in Municipal Corporations Date of the Judgment: 19 October 2022 Citation: (2022) INSC 1029 Judges: Dinesh Maheshwari, J. and J.K. Maheshwari, J. Can a Standing Committee of a Municipal Corporation continue to function even after the term of the Corporation has ended? The Supreme Court of India recently addressed

Supreme Court clarifies the tenure of a Standing Committee of a Municipal Corporation: Hemant Narayan Rasne vs. The Commissioner and Administrator of Pune Municipal Corporation & Ors. (2022) INSC 1029 (19 October 2022) Read Post »

Supreme Court enhances compensation in motor accident case involving child death: Meena Devi vs. Nunu Chand Mahto & Ors. (2022) INSC 498

/ J.K. Maheshwari, Judges, Motor Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Notional Income, Sanjiv Khanna

Supreme Court enhances compensation in motor accident case involving child death: Meena Devi vs. Nunu Chand Mahto & Ors. (2022) INSC 498 LEGAL ISSUE: Determination of just compensation in cases of child death due to motor vehicle accidents. CASE TYPE: Motor Accident Compensation Case Name: Meena Devi vs. Nunu Chand Mahto @ Nemchand Mahto &

Supreme Court enhances compensation in motor accident case involving child death: Meena Devi vs. Nunu Chand Mahto & Ors. (2022) INSC 498 Read Post »

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