K.M. Joseph

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019)

/ Acquittal, Ashok Bhushan, Burden of Proof, Criminal Appeal, Criminal Law, Indian Evidence Act, 1872, Judges, K.M. Joseph, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Presumption, Presumption of Debt

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) LEGAL ISSUE: Whether the accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881, regarding a cheque issued for a legally enforceable debt or liability. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: Basalingappa vs. Mudibasappa [Judgment Date]: April […]

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) Read Post »

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019)

/ Ashok Bhushan, Bengal Money-Lenders Act, 1940, Bengal Money-Lenders Act, 1940 with Section 37(a), Constitutional Law, Constitutional Law with Article 254, Judges, K.M. Joseph, Mortgage Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) Read Post »

Supreme Court clarifies reversionary rights of grand-daughters under Hindu Law: Gopalakrishna vs. Narayanagowda (2019)

/ Ashok Bhushan, Hindu Law, Indian Limitation Act, 1908, Indian Limitation Act, 1908 with Articles 140 and 141, Indian Limitation Act, 1908 with Section 28, Judges, K.M. Joseph, Mysore Hindu Law Women’s Right to Property Act, 1933, Mysore Hindu Law Women’s Right to Property Act, 1933 with Section 10(2)(g), Mysore Hindu Law Women’s Right to Property Act, 1933 with Section 4(1)(ii), Reversionary Rights, Widow's Estate

Supreme Court clarifies reversionary rights of grand-daughters under Hindu Law: Gopalakrishna vs. Narayanagowda (2019) Date of the Judgment: April 3, 2019 Citation: (2019) INSC 282 Judges: Ashok Bhushan, J. and K.M. Joseph, J. Can a grand-daughter claim property rights as a reversioner under Hindu Law, especially when a widow has already alienated the property? The

Supreme Court clarifies reversionary rights of grand-daughters under Hindu Law: Gopalakrishna vs. Narayanagowda (2019) Read Post »

Supreme Court upholds date of joining for seniority of Sub-Divisional Engineers: Vinod Verma vs. Union of India (2019)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 309, Judges, K.M. Joseph, Promotion, Seniority, Service Law, Service Law with Article 309

Seniority Dispute Resolved: Supreme Court Upholds Date of Joining for Sub-Divisional Engineers (2019) LEGAL ISSUE: Determination of seniority between Sub-Divisional Engineers promoted through seniority-cum-fitness and those promoted through Limited Departmental Competitive Examination (LDCE). CASE TYPE: Service Law Case Name: Vinod Verma vs. Union of India & Ors. [Judgment Date]: April 2, 2019 Date of the

Supreme Court upholds date of joining for seniority of Sub-Divisional Engineers: Vinod Verma vs. Union of India (2019) Read Post »

Supreme Court clarifies the scope of Clause 59 in construction contracts: K. Marappan vs. The Superintending Engineer (27 March 2019)

/ Arbitration Act, 1940, Arbitration Act, 1940 with Section 15, Arbitration Act, 1940 with Section 30, Arbitration Act, 1940 with Section 33, Construction Contracts, Contract Act, 1872, Contract Act, 1872 with Section 70, Judges, K.M. Joseph, Ranjan Gogoi, Sanjay Kishan Kaul

Date of the Judgment: 27 March 2019 Citation: 2019 INSC 263 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a contractor claim compensation for additional expenses incurred due to unforeseen circumstances during a project, even if the contract has a clause limiting such claims? The Supreme Court of India addressed this

Supreme Court clarifies the scope of Clause 59 in construction contracts: K. Marappan vs. The Superintending Engineer (27 March 2019) Read Post »

Supreme Court settles pension eligibility for resigned employees in insurance and banking sector: Senior Divisional Manager, LIC vs. Shree Lal Meena (2019)

/ Judges, K.M. Joseph, Life Insurance Corporation of India (Employees) Pension Rules, 1995, Life Insurance Corporation of India (Employees) Pension Rules, 1995 with Rule 2(s), Life Insurance Corporation of India (Employees) Pension Rules, 1995 with Rule 23, Life Insurance Corporation of India (Employees) Pension Rules, 1995 with Rule 31, Pension Benefits, Ranjan Gogoi, Resignation, Retirement, Sanjay Kishan Kaul, Service Law

Supreme Court Clarifies Pension Eligibility for Resigned Employees: LIC vs. Shree Lal Meena (2019) LEGAL ISSUE: Whether employees who resigned before the implementation of retrospective pension schemes are entitled to pension benefits. CASE TYPE: Service Law Case Name: Senior Divisional Manager, Life Insurance Corporation of India & Ors. vs. Shree Lal Meena Judgment Date: 15

Supreme Court settles pension eligibility for resigned employees in insurance and banking sector: Senior Divisional Manager, LIC vs. Shree Lal Meena (2019) Read Post »

Supreme Court settles pension eligibility for employees resigning before scheme implementation: Senior Divisional Manager, LIC vs. Shree Lal Meena (2019) INSC 217 (15 March 2019)

/ Judges, K.M. Joseph, Pension Law, Pension Rules, Pension Schemes, Ranjan Gogoi, Resignation, Retirement, Retirement Benefits, Sanjay Kishan Kaul, Service Law, Service Rules

Supreme Court clarifies pension eligibility for employees resigning before scheme implementation Date of the Judgment: 15 March 2019 Citation: (2019) INSC 217 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J, K.M. Joseph, J. Can an employee who resigned before a pension scheme was implemented, but after the date from which the scheme was made retrospectively

Supreme Court settles pension eligibility for employees resigning before scheme implementation: Senior Divisional Manager, LIC vs. Shree Lal Meena (2019) INSC 217 (15 March 2019) Read Post »

Supreme Court settles pension eligibility for resigned employees in service matters: Life Insurance Corporation of India vs. Shree Lal Meena (2019)

/ Judges, K.M. Joseph, Pension Law, Pension Law with Retrospective effect, Pension Rules, Ranjan Gogoi, Sanjay Kishan Kaul, Service Law, Service Law with Resignation, Service Law with Retirement, Termination of Service

Supreme Court Clarifies Pension Eligibility for Resigned Employees: LIC vs. Shree Lal Meena (2019) Date of the Judgment: March 15, 2019 Citation: 2019 INSC 224 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can employees who resigned before a pension scheme was officially implemented, but after the date from which the scheme

Supreme Court settles pension eligibility for resigned employees in service matters: Life Insurance Corporation of India vs. Shree Lal Meena (2019) Read Post »

Supreme Court Revisits Life Ban on Cricketer Sreesanth for Spot-Fixing: S. Sreesanth vs. BCCI (2019)

/ Anti-Corruption Code, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Judges, K.M. Joseph, Sports Law, Sports Law with Article 6

Supreme Court Revisits Life Ban on Cricketer Sreesanth for Spot-Fixing: S. Sreesanth vs. BCCI (2019) LEGAL ISSUE: Whether the life ban imposed by the Board of Control for Cricket in India (BCCI) on cricketer S. Sreesanth for alleged spot-fixing was justified and whether the disciplinary proceedings followed principles of natural justice and considered relevant factors

Supreme Court Revisits Life Ban on Cricketer Sreesanth for Spot-Fixing: S. Sreesanth vs. BCCI (2019) Read Post »

Supreme Court clarifies the transfer of Bhumidhari rights in Uttar Pradesh land dispute: Rakesh & Ors. vs. Board of Revenue U.P. & Ors. (2019)

/ Ashok Bhushan, Judges, K.M. Joseph, Land Laws, Land Laws with Section 134, Land Laws with Section 73, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 43, U.P. Zamindari Abolition and Land Reforms Act, 1950

Supreme Court Clarifies Bhumidhari Rights Transfer in Land Dispute LEGAL ISSUE: Whether a sale deed for land is valid if executed by a Sirdar tenant before the grant of a Bhumidhari Sanad, and the effect of the Uttar Pradesh Land Laws (Amendment) Act, 1977 on pending applications for Bhumidhari rights. CASE TYPE: Civil Law, Land

Supreme Court clarifies the transfer of Bhumidhari rights in Uttar Pradesh land dispute: Rakesh & Ors. vs. Board of Revenue U.P. & Ors. (2019) Read Post »

Supreme Court clarifies rules on interest for delayed Commuted Value of Pension (CVP) in BSNL Employee Case: Chief General Manager Gujarat Telecom Circle vs. Manilal Ambalal Patel (2019)

/ Ashok Bhushan, Commutation of Pension, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Judges, K.M. Joseph, Pension Rules, Service Law

Supreme Court Clarifies Interest on Commuted Value of Pension (CVP) in BSNL Employee Case Date of the Judgment: March 8, 2019 Citation: (2019) INSC 186 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a government employee claim interest on delayed payment of Commuted Value of Pension (CVP)? The Supreme Court of India addressed this question

Supreme Court clarifies rules on interest for delayed Commuted Value of Pension (CVP) in BSNL Employee Case: Chief General Manager Gujarat Telecom Circle vs. Manilal Ambalal Patel (2019) Read Post »

Supreme Court directs fresh hearing in ad-hoc teacher appointment case: Krishna Nand Shukla vs. Director of Higher Education (2019)

/ Ad-hoc Appointment, Ashok Bhushan, Judges, K.M. Joseph, Service Law, U.P. State Universities Act, 1973, U.P. State Universities Act, 1973 with Section 60A(vi), U.P. State Universities Act, 1973 with Section 60E, Writ Petition

Supreme Court directs fresh hearing in ad-hoc teacher appointment case: Krishna Nand Shukla vs. Director of Higher Education (2019) LEGAL ISSUE: Whether the High Court erred in dismissing a writ petition concerning an ad-hoc appointment of a lecturer by relying on facts and pleadings from a different case. CASE TYPE: Service Law Case Name: Krishna

Supreme Court directs fresh hearing in ad-hoc teacher appointment case: Krishna Nand Shukla vs. Director of Higher Education (2019) Read Post »

Scroll to Top