K.M. Joseph

Supreme Court Upholds Toll Plaza Location: NHAI vs. Madhukar Kumar (23 September 2021)

/ Judges, K.M. Joseph, National Highways Act, 1956, National Highways Act, 1956 with Section 7, National Highways Fee Rules, 2008, National Highways Fee Rules, 2008 with Rule 8, S. Ravindra Bhat

Supreme Court Upholds Toll Plaza Location: NHAI vs. Madhukar Kumar (2021) LEGAL ISSUE: Interpretation of Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, regarding the location of toll plazas. CASE TYPE: Civil Appeal (National Highways Law) Case Name: National Highways Authority of India & Others vs. Madhukar Kumar & […]

Supreme Court Upholds Toll Plaza Location: NHAI vs. Madhukar Kumar (23 September 2021) Read Post »

Supreme Court Upholds Rajasthan High Court’s Decision to Deny Civil Judge Post Based on Criminal Antecedents: Rajasthan High Court, Jodhpur vs. Akashdeep Morya & Anr. (2021) INSC 581 (16 September 2021)

/ Civil Judge, Criminal Antecedents, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 341, Indian Penal Code, 1860 with Section 420, Judges, Judicial Appointments, K.M. Joseph, Pamidighantam Sri Narasimha, Suitability Assessment

Supreme Court Upholds Rajasthan High Court’s Decision to Deny Civil Judge Post Based on Criminal Antecedents Date of the Judgment: 16 September 2021 Citation: (2021) INSC 581 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a High Court interfere with the decision of a committee to deny a judicial post to a candidate

Supreme Court Upholds Rajasthan High Court’s Decision to Deny Civil Judge Post Based on Criminal Antecedents: Rajasthan High Court, Jodhpur vs. Akashdeep Morya & Anr. (2021) INSC 581 (16 September 2021) Read Post »

Supreme Court Reduces Murder Conviction to Culpable Homicide: Mohd. Rafiq vs. State of Madhya Pradesh (2021)

/ Constitutional Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, K.M. Joseph, Offences Against Human Body, S. Ravindra Bhat

Supreme Court Reduces Murder Conviction to Culpable Homicide: Mohd. Rafiq vs. State of Madhya Pradesh (2021) Date of the Judgment: 15 September 2021 Citation: 2021 INSC 615 Judges: K.M. Joseph, J., S. Ravindra Bhat, J. (authored the judgment) Can a conviction for murder be reduced to culpable homicide if the act was not premeditated and

Supreme Court Reduces Murder Conviction to Culpable Homicide: Mohd. Rafiq vs. State of Madhya Pradesh (2021) Read Post »

Supreme Court clarifies the threshold for summoning additional accused under Section 319 CrPC: Ramesh Chandra Srivastava vs. State of U.P. (2021)

/ Additional Accused, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Criminal Law, Judges, K.M. Joseph, Pamidighantam Sri Narasimha, Summons

Supreme Court on Summons under Section 319 CrPC: Ramesh Chandra Srivastava vs. State of U.P. (2021) LEGAL ISSUE: What is the threshold for a court to summon a person as an additional accused under Section 319 of the Code of Criminal Procedure (CrPC)? CASE TYPE: Criminal Law Case Name: Ramesh Chandra Srivastava vs. The State

Supreme Court clarifies the threshold for summoning additional accused under Section 319 CrPC: Ramesh Chandra Srivastava vs. State of U.P. (2021) Read Post »

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021)

/ Daily Wage Workers, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25F, Judges, K.M. Joseph, Labour Law, Pamidighantam Sri Narasimha, Reinstatement, Retrenchment

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021) Date of the Judgment: September 2, 2021 Citation: (2021) INSC 580 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a daily wage worker, whose services were terminated in violation of Section 25F of the Industrial Disputes Act,

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021) Read Post »

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies: Union of India vs. Rajendra N Shah (2021)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 246, Constitutional Law with Article 368, Fundamental Rights, Judges, K.M. Joseph, R.F. Nariman

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies LEGAL ISSUE: Constitutional validity of Part IXB of the Constitution of India concerning co-operative societies. CASE TYPE: Constitutional Law Case Name: Union of India vs. Rajendra N Shah & Anr. Judgment Date: 20 July 2021 Introduction Date of the Judgment: 20 July

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies: Union of India vs. Rajendra N Shah (2021) Read Post »

Supreme Court Upholds Union’s Locus Standi in Standing Order Modification: Bank Employees Union vs. Rajarshi Shahu Bank (2021)

/ B.R. Gavai, Judges, K.M. Joseph, Locus Standi, Maharashtra Industrial Relations Act, 1946, Maharashtra Industrial Relations Act, 1946 with Section 27A, Maharashtra Industrial Relations Act, 1946 with Section 38(2), Maharashtra Industrial Relations Act, 1946 with Section 42, Rohinton Fali Nariman, Trade Unions

Supreme Court Upholds Union’s Locus Standi in Standing Order Modification: Bank Employees Union vs. Rajarshi Shahu Bank (2021) LEGAL ISSUE: Whether a registered trade union has the locus standi to apply for modification of a standing order under Section 38(2) of the Maharashtra Industrial Relations Act, 1946. CASE TYPE: Industrial Relations Case Name: Bank Employees

Supreme Court Upholds Union’s Locus Standi in Standing Order Modification: Bank Employees Union vs. Rajarshi Shahu Bank (2021) Read Post »

Supreme Court Directs Affiliation for Pharmacy Colleges: Sri Sai RR Institute of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University (2021)

/ Affiliation of Colleges, B.R. Gavai, Education Law, Judges, K.M. Joseph, Pharmacy Act, 1948, Pharmacy Education, R.F. Nariman, Technical Education

Supreme Court Directs Affiliation for Pharmacy Colleges: Sri Sai RR Institute of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University (2021) Date of the Judgment: July 06, 2021 Citation: 2021 INSC 428 Judges: R.F. Nariman, J., K.M. Joseph, J., B.R. Gavai, J. Can a technical university deny affiliation to pharmacy colleges when the Pharmacy Council

Supreme Court Directs Affiliation for Pharmacy Colleges: Sri Sai RR Institute of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University (2021) Read Post »

Supreme Court Denies Default Bail: House Arrest Not Custody Under Section 167 CrPC (12 May 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 167, Code of Criminal Procedure, 1973 with Section 428, Code of Criminal Procedure, 1973 with Section 57, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 22, Judges, K.M. Joseph, Uday Umesh Lalit, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43(D)(2)

Supreme Court Denies Default Bail: House Arrest Not Custody Under Section 167 CrPC Date of the Judgment: 12 May 2021 Citation: (2021) INSC 290 Judges: Uday Umesh Lalit, J., K.M. Joseph, J. Can house arrest be considered as custody under Section 167 of the Code of Criminal Procedure (CrPC)? The Supreme Court of India recently

Supreme Court Denies Default Bail: House Arrest Not Custody Under Section 167 CrPC (12 May 2021) Read Post »

Supreme Court Upholds Termination of Teacher Appointed Due to Error: State of Odisha vs. Kamalini Khilar (28 April 2021)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 115, Judges, K.M. Joseph, Recruitment, Service Law, Termination of Service, Uday Umesh Lalit

Supreme Court Upholds Termination of Teacher Appointed Due to Error: State of Odisha vs. Kamalini Khilar (2021) LEGAL ISSUE: Whether a teacher appointed due to an administrative error, where another candidate was rightfully selected, can be terminated to rectify the error. CASE TYPE: Service Law Case Name: State of Odisha & Ors. vs. Kamalini Khilar

Supreme Court Upholds Termination of Teacher Appointed Due to Error: State of Odisha vs. Kamalini Khilar (28 April 2021) Read Post »

Supreme Court Restricts Operation of Bank Accounts During Moratorium Under IBC: Sandeep Khaitan vs. JSVM Plywood (2021)

/ Corporate Insolvency Resolution Process (CIRP), Criminal Procedure Code, Criminal Procedure Code with Section 482, Insolvency Law, Insolvency Law with Section 14, Judges, K.M. Joseph, Moratorium, Uday Umesh Lalit

Supreme Court Restricts Operation of Bank Accounts During Moratorium Under IBC: Sandeep Khaitan vs. JSVM Plywood (2021) LEGAL ISSUE: Whether a High Court can allow the operation of bank accounts, which are frozen due to an FIR, during the moratorium period under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name:

Supreme Court Restricts Operation of Bank Accounts During Moratorium Under IBC: Sandeep Khaitan vs. JSVM Plywood (2021) Read Post »

Supreme Court Clarifies “Under the Influence” in Insurance Claims: IFFCO Tokio vs. Pearl Beverages (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 17, Exclusion Clause, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Indira Banerjee, Insurance Law, Judges, K.M. Joseph, Motor Insurance, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 185, Uday Umesh Lalit

Supreme Court Clarifies “Under the Influence” in Insurance Claims: IFFCO Tokio vs. Pearl Beverages (2021) LEGAL ISSUE: Interpretation of “under the influence of intoxicating liquor” in insurance contracts. CASE TYPE: Insurance Law, Consumer Protection. Case Name: IFFCO Tokio General Insurance Company Ltd. vs. Pearl Beverages Ltd. [Judgment Date]: 12 April 2021 Introduction Date of the

Supreme Court Clarifies “Under the Influence” in Insurance Claims: IFFCO Tokio vs. Pearl Beverages (2021) Read Post »

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