Supreme Court overturns High Court order on Post Office Agent License in Anticipatory Bail Case LEGAL ISSUE: Can a High Court, while considering an application for anticipatory bail, issue directions that affect the rights and livelihood of a third party who is not involved in the case? CASE TYPE: Criminal Case Name: Kanchan Kumari vs. […]
Supreme Court Upholds Doctrine of Relation Back in Adoption Cases: Kasabai Tukaram Karvar vs. Nivrutti (2022) LEGAL ISSUE: Applicability of the doctrine of relation back in adoption and its impact on inheritance rights of a daughter. CASE TYPE: Civil Law – Property Partition. Case Name: Kasabai Tukaram Karvar & Ors. vs. Nivrutti (Dead) Through Legal
Supreme Court clarifies ESI Act applicability in Silchar: Employees State Insurance Corporation vs. M/S Key Dee Cold Storage Pvt. Ltd. (2022) LEGAL ISSUE: Interpretation of a notification under Section 1(3) of the Employees’ State Insurance Act, 1948, regarding the territorial applicability of the Act. CASE TYPE: Employees’ State Insurance Law Case Name: The Employees State
Supreme Court Upholds National Green Tribunal’s Validity and Jurisdiction Date of the Judgment: May 18, 2022 Citation: (2022) INSC 488 Judges: K.M. Joseph, J., Hrishikesh Roy, J. (authored the judgment) Can the National Green Tribunal (NGT) Act, 2010, bypass the High Court’s powers under the Constitution? The Supreme Court recently addressed this crucial question regarding
NOIDA Not a Financial Creditor Under IBC: Supreme Court Judgment Analysis LEGAL ISSUE: Whether a development authority, specifically NOIDA, qualifies as a financial creditor under the Insolvency and Bankruptcy Code (IBC) based on lease dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: New Okhla Industrial Development Authority vs. Anand Sonbhadra & Ors. Judgment Date:
Supreme Court Affirms +2 Lecturers as Part of Bihar Subordinate Education Service: State of Bihar vs. Shyama Nandan Mishra (2022) LEGAL ISSUE: Whether +2 lecturers appointed in government and nationalized secondary schools pursuant to Advertisement No. 1/87 are part of the Bihar Subordinate Education Service (BSES) and entitled to be merged with the Bihar Education
Supreme Court Upholds Forest Guard Training Rights: Omkar Sinha vs. Sahadat Khan (2022) LEGAL ISSUE: Whether a Forest Guard who stood first in training is entitled to be selected for further training as Forester based on a 1977 circular, and whether a subsequent government communication effectively withdrew that circular. CASE TYPE: Service Law Case Name:
Supreme Court Upholds Forest Guard Training Rights: Omkar Sinha vs. Sahadat Khan (2022) Read Post »
Supreme Court Upholds Municipal Authority’s Power to Acquire Land for Road Widening: Mahanagar Telephone Nigam Ltd. vs. Bihanmumbai Mahanagarpalika (2022) LEGAL ISSUE: Whether a municipal corporation can acquire land for road widening purposes under Section 299 of the Mumbai Municipal Corporation Act, 1888, without prior sanction from the Central Government when the land is owned
Supreme Court Clarifies Moratorium Impact on Corporate Debtor’s Arbitration Claims: New Delhi Municipal Council vs. Minosha India Limited (2022) INSC 423 LEGAL ISSUE: Whether a moratorium under the Insolvency and Bankruptcy Code (IBC) extends the limitation period for a corporate debtor to initiate arbitration proceedings. CASE TYPE: Arbitration, Insolvency Case Name: New Delhi Municipal Council
Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) LEGAL ISSUE: Whether a summoning order and notice for an offence under Section 138 of the Negotiable Instruments Act, 1881 can be quashed based on factual defenses at a pre-trial stage. CASE TYPE: Criminal (Cheque Dishonour) Case Name: Rathish Babu Unnikrishnan
Supreme Court settles land acquisition dispute: Delhi Development Authority vs. Bhim Sain Goel (2022) LEGAL ISSUE: Whether a land acquisition proceeding lapses under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if the acquiring authority was prevented from taking possession due to court orders obtained
Supreme Court Upholds Withdrawal of Land Acquisition: U.P. Awas Evam Vikas Parishad vs. Ram Singh (2022) Date of the Judgment: April 20, 2022 Citation: 2022 INSC 408 Judges: K.M. Joseph, J. and Hrishikesh Roy, J. Can a government authority withdraw from acquiring land after initiating the acquisition process? The Supreme Court of India recently addressed
