K.M. Joseph

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368

/ Auction Sales, Electricity Act, 2003, Electricity Act, 2003 with Section 56, Electricity Dues, Judges, K.M. Joseph, Sanjay Kishan Kaul, SARFAESI Act, 2002, Security Interest (Enforcement) Rules, 2002

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368 Date of the Judgment: June 01, 2020 Citation: (2020) INSC 368 Judges: Sanjay Kishan Kaul, J. and K.M. Joseph, J. Can an auction purchaser be held liable for the previous electricity […]

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368 Read Post »

Supreme Court acquits accused in murder case due to weak circumstantial evidence: Sonu vs. State of Madhya Pradesh (29 May 2020)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court acquits accused in murder case due to weak circumstantial evidence: Sonu vs. State of Madhya Pradesh (2020) LEGAL ISSUE: Whether the recovery of a stolen mobile phone from an accused is sufficient circumstantial evidence to convict him for murder and related offenses. CASE TYPE: Criminal Case Name: Sonu @ Sunil vs. State of

Supreme Court acquits accused in murder case due to weak circumstantial evidence: Sonu vs. State of Madhya Pradesh (29 May 2020) Read Post »

Supreme Court Rules Against State in Land Acquisition Case: D.B. Basnett vs. The Collector (2020) INSC 178 (2 March 2020)

/ Constitutional Law, Constitutional Law with Article 300A, Judges, K.M. Joseph, Land Acquisition Act, 1894, Land Acquisition Law, Land Acquisition Law with Section 4(1), Sanjay Kishan Kaul, Sikkim Land (Requisition and Acquisition) Act, 1977

Supreme Court Rules Against State in Land Acquisition Case Date of the Judgment: 2 March 2020 Citation: (2020) INSC 178 Judges: Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a state government claim ownership of land without following due process of law and providing fair compensation? The Supreme Court of India recently addressed this critical

Supreme Court Rules Against State in Land Acquisition Case: D.B. Basnett vs. The Collector (2020) INSC 178 (2 March 2020) Read Post »

Supreme Court Upholds Conviction Under NDPS Act Despite Discrepancies: Than Kunwar vs. State of Haryana (2020)

/ Ashok Bhushan, Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Judges, K.M. Joseph, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 50, Offences related to Opium

Supreme Court Upholds Conviction Under NDPS Act Despite Discrepancies: Than Kunwar vs. State of Haryana (2020) LEGAL ISSUE: Whether a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) can be sustained despite discrepancies in the testimony of prosecution witnesses and non-production of the seized contraband in court. CASE TYPE: Criminal Law

Supreme Court Upholds Conviction Under NDPS Act Despite Discrepancies: Than Kunwar vs. State of Haryana (2020) Read Post »

Supreme Court interprets Institute Classification Clause in marine insurance: Rajankumar and Brothers vs. Oriental Insurance Company (2020)

/ Institute Classification Clause, Judges, K.M. Joseph, Marine Insurance, Marine Insurance Act, 1963, Marine Insurance Act, 1963 with Section 35, Marine Insurance Act, 1963 with Section 36, Mohan M. Shantanagoudar

Supreme Court interprets Institute Classification Clause in marine insurance: Rajankumar and Brothers vs. Oriental Insurance Company (2020) Date of the Judgment: 7 February 2020 Citation: 2020 INSC 123 Judges: Justice Mohan M. Shantanagoudar, Justice K.M. Joseph Can a marine insurance claim be rejected if the insured vessel does not meet the standards of the Institute

Supreme Court interprets Institute Classification Clause in marine insurance: Rajankumar and Brothers vs. Oriental Insurance Company (2020) Read Post »

Supreme Court Upholds Seniority Based on Absorption Terms: Govinda Chandra Tiria vs. Sibaji Charan Panda (2020)

/ Absorption, Judges, K.M. Joseph, Sanjay Kishan Kaul, Seniority, Service Law, Service Law with Office Memorandum No. 20020/7/80-ESTT(D)

Supreme Court Upholds Seniority Based on Absorption Terms: Govinda Chandra Tiria vs. Sibaji Charan Panda (2020) LEGAL ISSUE: Whether an employee, upon absorption into a new department, can claim seniority from their initial date of joining the parent department, despite accepting terms of absorption that stipulate a lower seniority. CASE TYPE: Service Law Case Name:

Supreme Court Upholds Seniority Based on Absorption Terms: Govinda Chandra Tiria vs. Sibaji Charan Panda (2020) Read Post »

Supreme Court Upholds Cut-off Date for Triple Benefit Scheme in Bihar Deficit Colleges: Md. Ali Imam & Ors. vs. The State of Bihar (2020) INSC 92 (04 February 2020)

/ Conditions of Service, Constitutional Law, Constitutional Law with Article 14, Judges, K.M. Joseph, Right to Equality, Sanjay Kishan Kaul, Service Law, Service Law with Cut-off Date

Supreme Court Upholds Cut-off Date for Triple Benefit Scheme in Bihar Deficit Colleges Date of the Judgment: 04 February 2020 Citation: (2020) INSC 92 Judges: Sanjay Kishan Kaul, J. and K.M. Joseph, J. Can a government set a cut-off date for extending benefits to employees, even if it creates a distinction between those who retired

Supreme Court Upholds Cut-off Date for Triple Benefit Scheme in Bihar Deficit Colleges: Md. Ali Imam & Ors. vs. The State of Bihar (2020) INSC 92 (04 February 2020) Read Post »

Supreme Court Upholds Termination for False Declaration in Police Job Application: State of Odisha vs. Gobinda Behera (2020) INSC 30

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Dhananjaya Y Chandrachud, Employment Application, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 34, Indian Penal Code, 1860 with Section 379, Judges, K.M. Joseph, Service Law, Suppression of Information, Termination of Service

Supreme Court Upholds Termination for False Declaration in Police Job Application Date of the Judgment: January 31, 2020 Citation: (2020) INSC 30 Judges: Dr. Dhananjaya Y Chandrachud, J and K.M. Joseph, J. Can a person be denied a job in the police force if they lied about their criminal history, even if that case was

Supreme Court Upholds Termination for False Declaration in Police Job Application: State of Odisha vs. Gobinda Behera (2020) INSC 30 Read Post »

Supreme Court Upholds Land Reservation for Public Use: Mohandas vs. State of Maharashtra (2020)

/ Judges, K.M. Joseph, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 126, Maharashtra Regional and Town Planning Act, 1966 with Section 127, Maharashtra Regional and Town Planning Act, 1966 with Section 38, Mohan M. Shantanagoudar

Supreme Court Upholds Land Reservation for Public Use: Mohandas vs. State of Maharashtra (2020) LEGAL ISSUE: Whether a land reservation for a public purpose lapses if the land is not acquired within a specified time, and the effect of a revised development plan on such reservations. CASE TYPE: Land Acquisition and Town Planning Case Name:

Supreme Court Upholds Land Reservation for Public Use: Mohandas vs. State of Maharashtra (2020) Read Post »

Supreme Court Upholds Amendment Transferring Labour Law Offenses to Criminal Courts: State of M.P. vs. M.P. Transport Workers Fedn. (29 January 2020)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Jurisdiction of Courts, K.M. Joseph, Labour Law, Madhya Pradesh Labour Laws (Amendment) Act, 2002, Sanjay Kishan Kaul

Supreme Court Upholds Amendment Transferring Labour Law Offenses to Criminal Courts: State of M.P. vs. M.P. Transport Workers Fedn. (2020) LEGAL ISSUE: Whether the transfer of jurisdiction for trying offenses under labour laws from Labour Courts to regular criminal courts is constitutional. CASE TYPE: Constitutional Law, Labour Law Case Name: State of M.P. & Anr.

Supreme Court Upholds Amendment Transferring Labour Law Offenses to Criminal Courts: State of M.P. vs. M.P. Transport Workers Fedn. (29 January 2020) Read Post »

Supreme Court Upholds Murder Conviction in Domestic Violence Case: Paul vs. State of Kerala (2020)

/ Criminal Law, Culpable Homicide, Homicide, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph, Murder, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Upholds Murder Conviction in Domestic Violence Case: Paul vs. State of Kerala (2020) LEGAL ISSUE: Whether the accused was guilty of murder under Section 302 of the Indian Penal Code (IPC) or culpable homicide not amounting to murder under Section 304 Part II of the IPC. CASE TYPE: Criminal Law – Homicide Case

Supreme Court Upholds Murder Conviction in Domestic Violence Case: Paul vs. State of Kerala (2020) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Fine Recovery Case: Rajasthan State Road Transport Corp. vs. Ramesh Kumar Sharma (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(k), Industrial Disputes Act, 1947 with Section 2A, Judges, K.M. Joseph, Sanjay Kishan Kaul, Standing Orders

Supreme Court Upholds Civil Court Jurisdiction in Fine Recovery Case: Rajasthan State Road Transport Corp. vs. Ramesh Kumar Sharma (2020) LEGAL ISSUE: Whether a civil court can adjudicate a dispute regarding the recovery of a fine imposed on workmen, or if such a matter falls exclusively under the jurisdiction of the Industrial Disputes Act, 1947.

Supreme Court Upholds Civil Court Jurisdiction in Fine Recovery Case: Rajasthan State Road Transport Corp. vs. Ramesh Kumar Sharma (2020) Read Post »

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