K.M. Joseph

Victim’s Right to Appeal: Supreme Court Clarifies Procedure in Acquittal Cases (5 July 2019)

Victim’s Right to Appeal: Supreme Court Clarifies Procedure in Acquittal Cases Date of the Judgment: 5 July 2019 Citation: Crl.Appeal No.979/2019 Judges: Hon’ble Mr. Justice Sanjay Kishan Kaul and Hon’ble Mr. Justice K.M. Joseph Can a victim appeal an acquittal order even if the State’s appeal is dismissed? The Supreme Court addressed this crucial question […]

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Supreme Court Clarifies Mining Regulations in Meghalaya Tribal Areas: State of Meghalaya vs. All Dimasa Students Union (2019) INSC 709 (03 July 2019)

Supreme Court Clarifies Mining Regulations in Meghalaya Tribal Areas Date of the Judgment: 03 July 2019 Citation: (2019) INSC 709 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can tribal communities in Meghalaya mine coal on their land without a mining lease? The Supreme Court of India recently addressed this crucial question, clarifying the applicability of

Supreme Court Clarifies Mining Regulations in Meghalaya Tribal Areas: State of Meghalaya vs. All Dimasa Students Union (2019) INSC 709 (03 July 2019) Read Post »

Supreme Court clarifies bail and investigation powers in UAPA cases: Pradeep Ram vs. State of Jharkhand (2019)

Supreme Court clarifies bail and investigation powers in UAPA cases: Pradeep Ram vs. State of Jharkhand (2019) LEGAL ISSUE: Clarification on bail procedures and investigation powers when new offenses, particularly under the Unlawful Activities (Prevention) Act (UAPA), are added after an initial bail grant. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act Case Name: Pradeep

Supreme Court clarifies bail and investigation powers in UAPA cases: Pradeep Ram vs. State of Jharkhand (2019) Read Post »

Supreme Court clarifies definition of ‘public place’ under Bihar Excise Act: Satvinder Singh vs State of Bihar (2019) INSC 594

Supreme Court clarifies definition of ‘public place’ under Bihar Excise Act: Satvinder Singh vs State of Bihar (2019) INSC 594 LEGAL ISSUE: Whether a private vehicle on a public road constitutes a ‘public place’ under the Bihar Excise Act. CASE TYPE: Criminal. Case Name: Satvinder Singh @ Satvinder Singh Saluja & Ors. vs. The State

Supreme Court clarifies definition of ‘public place’ under Bihar Excise Act: Satvinder Singh vs State of Bihar (2019) INSC 594 Read Post »

Supreme Court Bars Second Suit on Same Cause of Action: Pramod Kumar vs. Zalak Singh (2019)

Supreme Court Bars Second Suit on Same Cause of Action: Pramod Kumar vs. Zalak Singh (2019) LEGAL ISSUE: Whether a second suit is maintainable when it arises from the same cause of action as a previously filed suit, but involves a different sale deed. CASE TYPE: Civil Case Name: Pramod Kumar & Anr. vs. Zalak

Supreme Court Bars Second Suit on Same Cause of Action: Pramod Kumar vs. Zalak Singh (2019) Read Post »

Supreme Court Allows Transportation of Already Challaned Coal in Meghalaya: Lber Laloo vs. All Dimasa Students Union (2019)

Supreme Court Allows Transportation of Already Challaned Coal in Meghalaya LEGAL ISSUE: Whether transportation of already challaned coal should be permitted despite a ban on coal mining. CASE TYPE: Environmental Law, Mining Law Case Name: Lber Laloo vs. All Dimasa Students Union & Ors. and Ka Hima Nongstoin Land Owners, Coal Traders and Producers Association

Supreme Court Allows Transportation of Already Challaned Coal in Meghalaya: Lber Laloo vs. All Dimasa Students Union (2019) Read Post »

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale Date of the Judgment: May 10, 2019 Citation: 2019 INSC 458 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a state deny a refund of sales tax on raw materials when those materials are transformed

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Supreme Court Upholds Conviction in 1980 Murder Case: Shio Shankar Dubey vs. State of Bihar (2019)

Supreme Court Upholds Conviction in 1980 Murder Case: Shio Shankar Dubey vs. State of Bihar (2019) LEGAL ISSUE: Whether the High Court erred in upholding the conviction based on the testimony of related witnesses and inconsistencies in the inquest report. CASE TYPE: Criminal Case Name: Shio Shankar Dubey & Ors. vs. State of Bihar Judgment

Supreme Court Upholds Conviction in 1980 Murder Case: Shio Shankar Dubey vs. State of Bihar (2019) Read Post »

Supreme Court Upholds Interest on Differential Excise Duty: Steel Authority of India Ltd. vs. Commissioner of Central Excise, Raipur (2019)

Supreme Court Upholds Interest on Differential Excise Duty: Steel Authority of India Ltd. vs. Commissioner of Central Excise, Raipur (2019) LEGAL ISSUE: Whether interest is payable on differential excise duty with retrospective effect under Section 11AB of the Central Excise Act, 1944, when prices are revised due to an escalation clause. CASE TYPE: Central Excise

Supreme Court Upholds Interest on Differential Excise Duty: Steel Authority of India Ltd. vs. Commissioner of Central Excise, Raipur (2019) Read Post »

Supreme Court Upholds Eviction Based on Non-User of Rented Premises: Nilesh Laxmichand vs. Shantaben Purushottam Kakad (2019)

Supreme Court Upholds Eviction Based on Non-User of Rented Premises: Nilesh Laxmichand vs. Shantaben Purushottam Kakad (2019) LEGAL ISSUE: Whether a tenant can be evicted for not using the rented premises for the purpose it was let out for a continuous period of six months. CASE TYPE: Civil (Rent Control) Case Name: Nilesh Laxmichand and

Supreme Court Upholds Eviction Based on Non-User of Rented Premises: Nilesh Laxmichand vs. Shantaben Purushottam Kakad (2019) Read Post »

Supreme Court rules on Abatement of Appeals in Joint Property Disputes: Hemareddi vs. Ramachandra (2019)

Supreme Court on Abatement of Appeals in Joint Property Disputes: Hemareddi vs. Ramachandra (2019) LEGAL ISSUE: Whether an appeal filed jointly by two brothers abates entirely if one brother dies and his legal representatives are not brought on record, particularly in a dispute regarding joint family property and adoption. CASE TYPE: Civil (Property Law) Case

Supreme Court rules on Abatement of Appeals in Joint Property Disputes: Hemareddi vs. Ramachandra (2019) Read Post »

Supreme Court clarifies sentencing powers under the NDPS Act: Rafiq Qureshi vs. Narcotic Control Bureau (2019)

Supreme Court Clarifies Sentencing Under NDPS Act: Rafiq Qureshi vs. Narcotic Control Bureau (2019) LEGAL ISSUE: Interpretation of Section 32B of the Narcotic Drugs and Psychotropic Substances Act, 1985 regarding factors for imposing higher than minimum punishment. CASE TYPE: Criminal Law (Narcotics) Case Name: Rafiq Qureshi vs. Narcotic Control Bureau Judgment Date: May 7, 2019

Supreme Court clarifies sentencing powers under the NDPS Act: Rafiq Qureshi vs. Narcotic Control Bureau (2019) Read Post »

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