K.M. Joseph

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 298, Constitutional Law with Article 299, Contract Law, Contract Law with Article 2.1 of the PPA, Contract Law with Article 9.1 of the PPA, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Hrishikesh Roy, Judges, K.M. Joseph, Power Purchase Agreements

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) LEGAL ISSUE: Whether a Power Purchase Agreement (PPA) termination by a state-owned company was valid, considering contractual obligations and principles of fairness. CASE TYPE: Contract Law, specifically concerning Power Purchase Agreements and judicial review of state actions. […]

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) Read Post »

Supreme Court clarifies abatement of suit and its effect on appeals: Maringmei Acham vs. M Maringmei Khuripou (2022)

/ Abatement of Suit, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII Rule 11, Constitutional Law, Constitutional Law with Article 227, Hrishikesh Roy, Judges, K.M. Joseph, Order XXII, Code of Civil Procedure, 1908

Supreme Court clarifies abatement of suit and its effect on appeals: Maringmei Acham vs. M Maringmei Khuripou (2022) LEGAL ISSUE: Effect of abatement of a suit on pending appeals arising from interlocutory orders in the suit. CASE TYPE: Civil Case Name: Maringmei Acham vs. M Maringmei Khuripou Judgment Date: 03 November 2022 Date of the

Supreme Court clarifies abatement of suit and its effect on appeals: Maringmei Acham vs. M Maringmei Khuripou (2022) Read Post »

Supreme Court clarifies the distinction between Wakf and Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (20 October 2022)

/ Bombay Public Trust Act, 1950, Bombay Public Trust Act, 1950 with Section 2, Hrishikesh Roy, Judges, K.M. Joseph, Public Trust Definition, Wakf Act, 1995, Wakf Act, 1995 with Section 4, Wakf Act, 1995 with Section 43, Wakf Definition and Registration

Supreme Court Clarifies Wakf vs. Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (2022) LEGAL ISSUE: The core legal issue revolves around the distinction between a Wakf and a Public Trust, particularly when both are created by Muslims and registered under the Bombay Public Trust Act, 1950. CASE TYPE:

Supreme Court clarifies the distinction between Wakf and Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (20 October 2022) Read Post »

Supreme Court Classifies Modified Vapour Absorption Chillers: Thermax Ltd. vs. Commissioner of Central Excise (2022)

/ Central Excise Tariff Act, 1985, Central Excise Tariff Act, 1985 with Heading 84.18, Harmonized System of Nomenclature (HSN), Heat Pumps, Central Excise Tariff Act, 1985, Hrishikesh Roy, HSN Definition, Harmonized System of Nomenclature (HSN), Judges, K.M. Joseph, Refrigerating Equipment, Central Excise Tariff Act, 1985

Supreme Court Classifies Modified Vapour Absorption Chillers: Thermax Ltd. vs. Commissioner of Central Excise (2022) Date of the Judgment: October 13, 2022 Citation: [Not Available in Source] Judges: K.M. Joseph, J., Hrishikesh Roy, J. Can a product marketed as a heat pump, but primarily used for cooling, be classified as a heat pump for excise

Supreme Court Classifies Modified Vapour Absorption Chillers: Thermax Ltd. vs. Commissioner of Central Excise (2022) Read Post »

Pre-Existing Dispute Under IBC: Supreme Court Rules in Favor of Corporate Debtor in Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022)

/ Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, K.M. Joseph, Pre-Existing Dispute, Sale of Goods Act, 1930, Sale of Goods Act, 1930 with Section 13, Sale of Goods Act, 1930 with Section 59

Supreme Court on Pre-Existing Dispute under IBC: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) LEGAL ISSUE: Whether a ‘pre-existing dispute’ existed to reject an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency and Bankruptcy Law Case Name: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. &

Pre-Existing Dispute Under IBC: Supreme Court Rules in Favor of Corporate Debtor in Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) Read Post »

Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case (22 September 2022)

/ Arbitration Law, Arbitration Law with Section 48, Civil Contempt, Contempt of Court, Contempt of Court with Contempt of Courts Act, 1971, Enforcement of Foreign Arbitral Awards, Indira Banerjee, Judges, K.M. Joseph, Uday Umesh Lalit

Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case LEGAL ISSUE: Contempt of Court for violating orders and undertakings related to asset preservation in an international arbitration enforcement. CASE TYPE: Civil Contempt, Arbitration Enforcement Case Name: M/s. Daiichi Sankyo Company Limited vs. Oscar Investments Limited & Ors. Judgment Date: 22

Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case (22 September 2022) Read Post »

Supreme Court Resolves Land Dispute between NOIDA and Cooperative Society: Allotment of Flats Ordered (22 September 2022)

/ Indira Banerjee, Judges, K.M. Joseph, Land Transfers, U.P. Zamindari Abolition and Land Reforms Act, 1950, U.P. Zamindari Abolition and Land Reforms Act, 1950 with Section 154, Uday Umesh Lalit

Supreme Court Resolves Land Dispute between NOIDA and Cooperative Society Date of the Judgment: 22 September 2022 Citation: (Not Available in Source) Judges: Uday Umesh Lalit, CJI, Indira Banerjee J., K.M. Joseph J. Can a long-standing land dispute between a development authority and a cooperative society be resolved by ensuring housing for its members? The

Supreme Court Resolves Land Dispute between NOIDA and Cooperative Society: Allotment of Flats Ordered (22 September 2022) Read Post »

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022)

/ Constitutional Law, Constitutional Law with Article 136, Evidence Act, Evidence Act with Section 114, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 24, Indian Penal Code, 1860 with Section 411, Judges, K.M. Joseph, Offences Relating to Property

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether the essential ingredients of Section 411 of the Indian Penal Code, 1860 are met when the prosecution fails to prove that the accused had knowledge that

Supreme Court overturns conviction under Section 411 IPC due to lack of evidence of knowledge of stolen property: Shiv Kumar vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court clarifies lease agreement and mesne profits in property dispute: Indian Oil Corporation Ltd. vs. Sudera Realty Private Limited (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 2(12), Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Article 113, Limitation Act, 1963 with Article 51, Pamidighantam Sri Narasimha, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 113

Supreme Court clarifies lease agreement and mesne profits in property dispute: Indian Oil Corporation Ltd. vs. Sudera Realty Private Limited (2022) Date of the Judgment: September 6, 2022 Citation: 2022 INSC 784 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a lease agreement be considered valid even if a formal deed was not

Supreme Court clarifies lease agreement and mesne profits in property dispute: Indian Oil Corporation Ltd. vs. Sudera Realty Private Limited (2022) Read Post »

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022)

/ Compassionate Appointment, Hrishikesh Roy, Judges, K.M. Joseph, Rule 5, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, Service Law, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974

Supreme Court on Compassionate Appointment: Suneel Kumar vs. State of U.P. (2022) LEGAL ISSUE: Interpretation of “suitable employment” in compassionate appointment rules. CASE TYPE: Service Law Case Name: Suneel Kumar vs. State of U.P. & Ors. Judgment Date: 02 August 2022 Introduction Date of the Judgment: 02 August 2022 Citation: Civil Appeal No. 5038 of

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022) Read Post »

Supreme Court settles the applicability of the Limitation Act, 1963 in cases under the Carriage by Air Act, 1972: M/S Bhagwandas B . Ramchandani vs. British Airways (29 July 2022)

/ Carriage by Air Act, 1972, Carriage by Air Act, 1972 with Rule 30, International Conventions, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 3, Pamidighantam Sri Narasimha

Supreme Court Clarifies Limitation in Air Carriage: Bhagwandas B. Ramchandani vs. British Airways (2022) LEGAL ISSUE: Applicability of the Limitation Act, 1963 to the period specified in Rule 30 of the Second Schedule of the Carriage by Air Act, 1972. CASE TYPE: Carriage by Air/Commercial Law Case Name: M/S Bhagwandas B . Ramchandani vs. British

Supreme Court settles the applicability of the Limitation Act, 1963 in cases under the Carriage by Air Act, 1972: M/S Bhagwandas B . Ramchandani vs. British Airways (29 July 2022) Read Post »

Supreme Court Clarifies Powers of Delhi School Tribunal on Back Wages in Reinstatement Cases: Sunil Sikri vs. Guru Harkrishan Public School (28 July 2022)

/ Code of Civil Procedure, 1908, Delhi School Education Act, 1973, Delhi School Education Act, 1973 with Section 11, Delhi School Education Act, 1973 with Section 8, Delhi School Education Rules, 1973, Delhi School Education Rules, 1973 with Rule 115, Delhi School Education Rules, 1973 with Rule 121, Judges, K.M. Joseph, Pamidighantam Sri Narasimha

Supreme Court Clarifies Powers of Delhi School Tribunal on Back Wages in Reinstatement Cases Date of the Judgment: 28 July 2022 Citation: 2022 INSC 648 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can a school tribunal order back wages when reinstating an employee, or is this decision solely within the purview of the school’s

Supreme Court Clarifies Powers of Delhi School Tribunal on Back Wages in Reinstatement Cases: Sunil Sikri vs. Guru Harkrishan Public School (28 July 2022) Read Post »

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