K.M. Joseph Archives

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019)

October 1, 2019 / Civil Law, Constitutional Law, Constitutional Law with Article 142, Judges, K.M. Joseph, Land Law, Property Disputes, R.F. Nariman, Urban Land (Ceiling and Regulation) Act, 1976, V. Ramasubramanian

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019) LEGAL ISSUE: Identification of a specific land parcel and its rightful ownership in a long-standing dispute. CASE TYPE: Civil Dispute, Land Law. Case Name: The Government of Andhra Pradesh & Ors. vs. Grace Sathyavathy Shashikant & […]

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019) Read Post »

Supreme Court Upholds VRS Terms: IFCI Pensioners Denied Enhanced Benefits (2019)

September 17, 2019 / Breach of contract, Contract Law, Contract Law with VRS-2008, Judges, K.M. Joseph, Pension Law, Sanjay Kishan Kaul, Service Law, Service Law with IFCI Staff Regulations, 1974, Voluntary Retirement Scheme

Supreme Court Upholds VRS Terms: IFCI Pensioners Denied Enhanced Benefits (2019) LEGAL ISSUE: Whether employees who opted for a Voluntary Retirement Scheme (VRS) are entitled to enhanced pension benefits based on subsequent pay revisions. CASE TYPE: Service Law Case Name: IFCI Ltd. vs. Sanjay Behari & Ors. Judgment Date: 17 September 2019 Date of the

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Supreme Court Overturns Labour Court Award on Voluntary Separation Scheme: General Manager, Electrical Rengali Hydro Electric Project vs. Sri Giridhari Sahu (2019)

September 12, 2019 / Fraud, Indian Contract Act, 1872, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 33, Industrial Disputes Act, 1947 with Section 33A, Judges, K.M. Joseph, Misrepresentation, Sanjay Kishan Kaul

Supreme Court Overturns Labour Court Award on Voluntary Separation Scheme: General Manager, Electrical Rengali Hydro Electric Project vs. Sri Giridhari Sahu (2019) LEGAL ISSUE: Whether a Labour Court can order reinstatement of employees who voluntarily opted for a Voluntary Separation Scheme (VSS). CASE TYPE: Industrial Dispute Case Name: General Manager, Electrical Rengali Hydro Electric Project,

Supreme Court Overturns Labour Court Award on Voluntary Separation Scheme: General Manager, Electrical Rengali Hydro Electric Project vs. Sri Giridhari Sahu (2019) Read Post »

Supreme Court clarifies the definition of ‘establishment’ for EPF Act exemption: Shree Vishal Printers vs. RPFC (2019)

September 12, 2019 / Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 with Section 16(1)(d), Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 with Section 2A, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25E(iii), Judges, K.M. Joseph, Sanjay Kishan Kaul

Supreme Court clarifies the definition of ‘establishment’ for EPF Act exemption: Shree Vishal Printers vs. RPFC (2019) LEGAL ISSUE: Whether multiple entities can be considered a single ‘establishment’ under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, thereby disqualifying them from exemption. CASE TYPE: Labour Law (Employees’ Provident Fund) Case Name: M/s. Shree Vishal

Supreme Court clarifies the definition of ‘establishment’ for EPF Act exemption: Shree Vishal Printers vs. RPFC (2019) Read Post »

Supreme Court clarifies teacher eligibility: Rajasthan Recruitment Case (2019)

September 12, 2019 / Judges, K.M. Joseph, Rajasthan Panchayati Raj Rules, 1996, Rajasthan Panchayati Raj Rules, 1996 with Rule 266, Recruitment, Right of Children to Free and Compulsory Education Act, 2009, Right of Children to Free and Compulsory Education Act, 2009 with Section 23, Sanjay Kishan Kaul, Service Law, Teacher Eligibility

Supreme Court Clarifies Teacher Eligibility: Rajasthan Recruitment Case (2019) LEGAL ISSUE: Whether a proviso allowing candidates who have appeared for an exam to apply for a teaching post, despite not having the qualification on the application deadline, remains valid after the main rule it modifies is substituted. CASE TYPE: Service Law (Recruitment) Case Name: The

Supreme Court clarifies teacher eligibility: Rajasthan Recruitment Case (2019) Read Post »

Supreme Court Upholds Conviction in Dowry Death Case Based on Dying Declaration

September 4, 2019 / Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 506, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Upholds Conviction in Dowry Death Case Based on Dying Declaration LEGAL ISSUE: Admissibility and evidentiary value of a dying declaration in a criminal trial, particularly when multiple dying declarations exist. CASE TYPE: Criminal Law – Dowry Death Case Name: Jagbir Singh vs. State (N.C.T. of Delhi) [Judgment Date]: September 4, 2019 Introduction Date

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Supreme Court clarifies the use of Section 319 CrPC for summoning additional accused: Shishupal Singh vs. State of Uttar Pradesh (2019) INSC 741

September 3, 2019 / Code of Criminal Procedure, Code of Criminal Procedure with Section 319, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul, Trial Procedure

Supreme Court clarifies the use of Section 319 CrPC for summoning additional accused: Shishupal Singh vs. State of Uttar Pradesh (2019) INSC 741 Date of the Judgment: September 3, 2019 Citation: (2019) INSC 741 Judges: Sanjay Kishan Kaul, J. and K.M. Joseph, J. Can a trial court summon a person as an accused based solely

Supreme Court clarifies the use of Section 319 CrPC for summoning additional accused: Shishupal Singh vs. State of Uttar Pradesh (2019) INSC 741 Read Post »

Supreme Court acquits accused in murder case due to lack of evidence and faulty examination: Samsul Haque vs. State of Assam (26 August 2019)

August 26, 2019 / Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 107, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court acquits accused in murder case due to lack of evidence and faulty examination: Samsul Haque vs. State of Assam (2019) Date of the Judgment: 26 August 2019 Citation: Samsul Haque v. State of Assam, Criminal Appeal No. 1905 of 2009 Judges: Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a conviction be upheld

Supreme Court acquits accused in murder case due to lack of evidence and faulty examination: Samsul Haque vs. State of Assam (26 August 2019) Read Post »

Supreme Court Upholds Family Settlement but Denies Specific Performance: Tilak Raj Bakshi vs. Avinash Chand Sharma (2019)

August 20, 2019 / Ashok Bhushan, Capital of Punjab (Development and Regulation) Act, 1952, Capital of Punjab (Development and Regulation) Act, 1952 with Section 22, Capital of Punjab (Development and Regulation) Act, 1952 with Section 3, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 29, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 93, Judges, K.M. Joseph

Supreme Court Upholds Family Settlement but Denies Specific Performance: Tilak Raj Bakshi vs. Avinash Chand Sharma (2019) LEGAL ISSUE: Whether a family settlement agreement containing a clause requiring written consent from all brothers before the sale of property and granting a right of first preference to the brothers is valid and enforceable, and whether specific

Supreme Court Upholds Family Settlement but Denies Specific Performance: Tilak Raj Bakshi vs. Avinash Chand Sharma (2019) Read Post »

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (23 July 2019)

July 23, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 113B, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 34, Judges, K.M. Joseph, Offences Relating to Marriage, Presumptions, Sanjay Kishan Kaul, Statements to Police

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (2019) Date of the Judgment: 23 July 2019 Citation: 2019 INSC 712 Judges: Justice Sanjay Kishan Kaul and Justice K.M. Joseph Can a High Court reverse a trial court’s acquittal in a dowry death case based on unreliable witness testimony? The Supreme Court

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (23 July 2019) Read Post »

Supreme Court settles interpretation of Gift Deed in property dispute: Chaman Lal vs. Kamlawati (2019) INSC 592 (16 July 2019)

July 16, 2019 / Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Document Interpretation, Gift Deed, Judges, K.M. Joseph, Land Dispute, Property Law, Punjab Court Act, 1918, Punjab Court Act, 1918 with Section 41, Punjab Court Act, 1918 with Section 42, Sanjay Kishan Kaul

Supreme Court Interprets Gift Deed: Chaman Lal vs. Kamlawati (2019) INSC 592 Date of the Judgment: 16 July 2019 Citation: (2019) INSC 592 Judges: Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a court overturn concurrent findings of lower courts on a matter of fact? The Supreme Court of India addressed this question in a

Supreme Court settles interpretation of Gift Deed in property dispute: Chaman Lal vs. Kamlawati (2019) INSC 592 (16 July 2019) Read Post »

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019)

July 9, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 190, Code of Criminal Procedure, 1973 with Section 200, Code of Criminal Procedure, 1973 with Section 202, Constitutional Law, Constitutional Law with Article 226, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 498A, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether a Magistrate is bound to treat a protest petition as a complaint and follow the procedure under Section 200 and 202 of the Code of Criminal Procedure, 1973, when disagreeing with a police

Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) Read Post »