K.M. Joseph

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019)

/ Ashok Bhushan, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 5, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 115, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 69

Supreme Court Clarifies Applicability of Limitation Act to Religious Endowment Appeals LEGAL ISSUE: Whether the Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Board can apply Section 5 of the Limitation Act, 1963 to condone delays in filing appeals under Section 69 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. […]

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019) Read Post »

Supreme Court alters murder conviction to culpable homicide not amounting to murder: Kalabai vs. State of Madhya Pradesh (2019)

/ Ashok Bhushan, Criminal Law, Culpable Homicide, Dying Declaration, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Indian Penal Code, 1860 with Section 34, Judges, K.M. Joseph, Murder

Supreme Court alters murder conviction to culpable homicide not amounting to murder: Kalabai vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Whether the act of throwing a burning stove on a person constitutes murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Case Name: Kalabai vs. State of Madhya Pradesh Judgment Date: April

Supreme Court alters murder conviction to culpable homicide not amounting to murder: Kalabai vs. State of Madhya Pradesh (2019) Read Post »

Supreme Court quashes proceedings against family members in dowry case; upholds charges against father: Rashmi Chopra vs. State of Uttar Pradesh (2019)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156, Code of Criminal Procedure, 1973 with Section 482, Dowry Prohibition Act, 1961, Dowry Prohibition Act, 1961 with Section 3, Dowry Prohibition Act, 1961 with Section 4, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 498A, Judges, K.M. Joseph, Offences Against Women

Supreme Court quashes proceedings against family members in dowry case; upholds charges against father: Rashmi Chopra vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether criminal proceedings under Section 498A of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961 can be quashed against family members based on vague allegations

Supreme Court quashes proceedings against family members in dowry case; upholds charges against father: Rashmi Chopra vs. State of Uttar Pradesh (2019) Read Post »

Supreme Court clarifies: No Sanction Needed to Prosecute Bank Managers for Forgery: S.K. Miglani vs. State NCT of Delhi (2019)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 465, Judges, K.M. Joseph

Supreme Court Clarifies Sanction for Prosecution of Bank Managers in Forgery Cases LEGAL ISSUE: Whether a bank manager requires prior sanction under Section 197 of the Code of Criminal Procedure (CrPC) before being prosecuted for offenses like forgery allegedly committed while opening a bank account. CASE TYPE: Criminal Law Case Name: S.K. Miglani vs. State

Supreme Court clarifies: No Sanction Needed to Prosecute Bank Managers for Forgery: S.K. Miglani vs. State NCT of Delhi (2019) Read Post »

Supreme Court quashes criminal proceedings for lack of intent: Vikram Johar vs. State of Uttar Pradesh (26 April 2019)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 227, Criminal Intimidation, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 506, Intentional Insult, Judges, K.M. Joseph

Supreme Court quashes criminal proceedings for lack of intent: Vikram Johar vs. State of Uttar Pradesh (2019) Date of the Judgment: 26 April 2019 Citation: (2019) INSC 436 Judges: Justice Ashok Bhushan and Justice K.M. Joseph Can a verbal altercation alone lead to criminal charges of intentional insult and criminal intimidation? The Supreme Court of

Supreme Court quashes criminal proceedings for lack of intent: Vikram Johar vs. State of Uttar Pradesh (26 April 2019) Read Post »

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019)

/ Admissions and Confessions, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 162, Constitutional Law, Constitutional Law with Article 20, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Evidence Act, 1872 with Section 30, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 489B, Indian Penal Code, 1860 with Section 489C, Judges, K.M. Joseph, Offences Relating to Currency Notes and Bank Notes, Statements to Police

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019) LEGAL ISSUE: Admissibility of co-accused statements and the requirement of independent evidence for framing charges in counterfeit currency cases. CASE TYPE: Criminal Law Case Name: Dipakbhai Jagdishchandra Patel vs. State of Gujarat and Another [Judgment Date]: 24 April 2019

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019) Read Post »

Supreme Court Directs No Further Recovery of Interest on Entry Tax: VST Industries vs. State of UP (2019)

/ Ashok Bhushan, Entry Tax, Interest on Tax Arrears, Judges, K.M. Joseph, Liability of Interest under U.P. Act 2007, Tax Law, Uttar Pradesh Act 2007

Supreme Court Directs No Further Recovery of Interest on Entry Tax: VST Industries vs. State of UP (2019) LEGAL ISSUE: Whether recovery of interest on arrears of Entry Tax can be pursued when a related writ petition is pending. CASE TYPE: Tax Law Case Name: VST Industries Limited vs. The State of Uttar Pradesh &

Supreme Court Directs No Further Recovery of Interest on Entry Tax: VST Industries vs. State of UP (2019) Read Post »

Supreme Court Upholds Disqualification of Councillor for Spouse’s Unauthorized Construction: Sampada Yogesh Waghdhare vs. State of Maharashtra (2019)

/ Ashok Bhushan, Disqualification of Municipal Councillor, Judges, K.M. Joseph, Local Government Law, Maharashtra Municipal Council Act, 1965, Maharashtra Municipal Council Act, 1965 with Section 44(1)(e), Maharashtra Municipal Council Act, 1965 with Section 45(5), Unauthorized Construction

Supreme Court Upholds Disqualification of Councillor for Spouse’s Unauthorized Construction LEGAL ISSUE: Whether a municipal councillor can be disqualified for unauthorized constructions carried out by their spouse or dependents under the Maharashtra Municipal Council Act, 1965. CASE TYPE: Local Government Law, Disqualification of Municipal Councillor Case Name: Sampada Yogesh Waghdhare vs. The State of Maharashtra

Supreme Court Upholds Disqualification of Councillor for Spouse’s Unauthorized Construction: Sampada Yogesh Waghdhare vs. State of Maharashtra (2019) Read Post »

Supreme Court clarifies interest liability on Entry Tax: Indian Oil Corporation vs. State of U.P. (22 April 2019)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 301, Constitutional Law with Article 304, Entry Tax, Judges, K.M. Joseph, Tax Law, Tax Law with U.P. Tax on Entry of Goods into Local Areas Act, 2007

Supreme Court clarifies interest liability on Entry Tax: Indian Oil Corporation vs. State of U.P. (2019) Date of the Judgment: 22 April 2019 Citation: (2019) INSC 362 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a state government demand interest on entry tax when the initial levy was challenged and the matter was under litigation?

Supreme Court clarifies interest liability on Entry Tax: Indian Oil Corporation vs. State of U.P. (22 April 2019) Read Post »

Supreme Court Upholds Appointment of Special Officer for Idol Theft Cases: State of Tamil Nadu vs. Elephant G. Rajendran (2019)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 226, Fundamental Rights, Judges, K.M. Joseph, Police Act, 1861, Police Act, 1861 with Section 3, Police Act, 1861 with Section 4

Supreme Court Upholds Appointment of Special Officer for Idol Theft Cases: State of Tamil Nadu vs. Elephant G. Rajendran (2019) LEGAL ISSUE: Whether a High Court can appoint a retired police officer to head a Special Investigation Team (SIT). CASE TYPE: Criminal. Case Name: The State of Tamil Nadu & Ors. vs. Elephant G. Rajendran

Supreme Court Upholds Appointment of Special Officer for Idol Theft Cases: State of Tamil Nadu vs. Elephant G. Rajendran (2019) Read Post »

Supreme Court allows review petition based on leaked documents: Yashwant Sinha vs. CBI (2019)

/ Constitutional Law, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 123, Judges, K.M. Joseph, Official Secrets Act, 1923, Official Secrets Act, 1923 with Section 3, Official Secrets Act, 1923 with Section 5, Ranjan Gogoi, Right to Information Act, 2005, Right to Information Act, 2005 with Section 8(1)(a), Right to Information Act, 2005 with Section 8(2)

Supreme Court Allows Review Petition Based on Leaked Documents: Yashwant Sinha vs. CBI (2019) LEGAL ISSUE: Admissibility of leaked documents in a review petition and the extent of government privilege over such documents. CASE TYPE: Criminal Review Petition Case Name: Yashwant Sinha & Ors. vs. Central Bureau of Investigation Through Its Director & Anr. Judgment

Supreme Court allows review petition based on leaked documents: Yashwant Sinha vs. CBI (2019) Read Post »

Supreme Court Allows Review Petition Documents Despite Official Secrets Act Objections: Yashwant Sinha vs. CBI (2019)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 123, Judges, K.M. Joseph, Official Secrets Act, 1923, Official Secrets Act, 1923 with Section 3, Official Secrets Act, 1923 with Section 5(1), Ranjan Gogoi, Right to Information Act, 2005, Right to Information Act, 2005 with Section 8(1)(a), Right to Information Act, 2005 with Section 8(2), Sanjay Kishan Kaul

Supreme Court Allows Review Petition Documents Despite Official Secrets Act Objections: Yashwant Sinha vs. CBI (2019) LEGAL ISSUE: Whether the Supreme Court can consider documents that were allegedly obtained in violation of the Official Secrets Act, 1923, for the purpose of a review petition. CASE TYPE: Criminal Review Case Name: Yashwant Sinha & Ors. vs.

Supreme Court Allows Review Petition Documents Despite Official Secrets Act Objections: Yashwant Sinha vs. CBI (2019) Read Post »

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