K.M. Joseph

Supreme Court Orders Remand Due to Inadequate First Appeal Review: Nemai Chandra Dey vs. Prasanta Chandra (2022)

Supreme Court Orders Remand Due to Inadequate First Appeal Review: Nemai Chandra Dey vs. Prasanta Chandra (2022) LEGAL ISSUE: The duty of the first appellate court to re-appreciate evidence and provide reasoned findings. CASE TYPE: Civil Appeal Case Name: Nemai Chandra Dey (Dead) Through Lrs. vs. Prasanta Chandra (Dead) Through Lrs. & Anr. [Judgment Date]: […]

Supreme Court Orders Remand Due to Inadequate First Appeal Review: Nemai Chandra Dey vs. Prasanta Chandra (2022) Read Post »

Supreme Court Grants Bail in UAPA Case Citing Prolonged Incarceration: Jahir Hak vs. State of Rajasthan (2022)

Supreme Court Grants Bail in UAPA Case Citing Prolonged Incarceration: Jahir Hak vs. State of Rajasthan (2022) Date of the Judgment: April 11, 2022 Citation: Jahir Hak vs. The State of Rajasthan (2022) INSC 375 Judges: Hon’ble Mr. Justice K.M. Joseph and Hon’ble Mr. Justice Hrishikesh Roy Can an undertrial prisoner be kept in custody

Supreme Court Grants Bail in UAPA Case Citing Prolonged Incarceration: Jahir Hak vs. State of Rajasthan (2022) Read Post »

Supreme Court Upholds Withdrawal of Tax Exemption in Sick Industry Revival Case: Augustan Textile Colours Ltd. vs. Director of Industries (2022)

Supreme Court Upholds Withdrawal of Tax Exemption in Sick Industry Revival Case: Augustan Textile Colours Ltd. vs. Director of Industries (2022) LEGAL ISSUE: Whether the government can withdraw a tax exemption granted during the revival of a sick industrial unit. CASE TYPE: Tax Law, Sick Industry Revival. Case Name: Augustan Textile Colours Limited vs. Director

Supreme Court Upholds Withdrawal of Tax Exemption in Sick Industry Revival Case: Augustan Textile Colours Ltd. vs. Director of Industries (2022) Read Post »

Supreme Court Upholds Disciplinary Proceedings Despite Pending Criminal Case: Eastern Coalfields Ltd. vs. Rabindra Kumar Bharti (2022)

Supreme Court Upholds Disciplinary Proceedings Despite Pending Criminal Case: Eastern Coalfields Ltd. vs. Rabindra Kumar Bharti (2022) LEGAL ISSUE: Whether disciplinary proceedings should be stayed due to a pending criminal case involving the same charges and evidence. CASE TYPE: Service Law, Disciplinary Proceedings Case Name: Eastern Coalfields Limited & Ors. vs. Rabindra Kumar Bharti Judgment

Supreme Court Upholds Disciplinary Proceedings Despite Pending Criminal Case: Eastern Coalfields Ltd. vs. Rabindra Kumar Bharti (2022) Read Post »

Supreme Court Upholds Merit-Based Selection: Goa PSC vs. Pankaj Rane (2022)

Supreme Court Upholds Merit-Based Selection: Goa PSC vs. Pankaj Rane (2022) LEGAL ISSUE: Whether a Public Service Commission can introduce a minimum qualifying mark for the interview stage of a selection process when the relevant rules only specify minimum marks for the written examination. CASE TYPE: Service Law Case Name: Goa Public Service Commission vs.

Supreme Court Upholds Merit-Based Selection: Goa PSC vs. Pankaj Rane (2022) Read Post »

Supreme Court Upholds Employee Transfer and Seniority: Gwalior Development Authority vs. Subhash Saxena (2022)

Supreme Court Upholds Employee Transfer and Seniority: Gwalior Development Authority vs. Subhash Saxena (2022) LEGAL ISSUE: Whether an employee’s transfer between development authorities is valid and how seniority should be determined in such cases. CASE TYPE: Service Law Case Name: Gwalior Development Authority vs. Subhash Saxena & Others [Judgment Date]: March 14, 2022 Introduction Date

Supreme Court Upholds Employee Transfer and Seniority: Gwalior Development Authority vs. Subhash Saxena (2022) Read Post »

Supreme Court clarifies the scope of second appeals in Punjab and Haryana: Hardial Singh vs. Balbir Kaur (2022)

Supreme Court clarifies the scope of second appeals in Punjab and Haryana: Hardial Singh vs. Balbir Kaur (2022) LEGAL ISSUE: Scope of second appeal jurisdiction in Punjab and Haryana High Court CASE TYPE: Civil Case Name: Hardial Singh vs. Balbir Kaur & Anr. Judgment Date: March 10, 2022 Date of the Judgment: March 10, 2022

Supreme Court clarifies the scope of second appeals in Punjab and Haryana: Hardial Singh vs. Balbir Kaur (2022) Read Post »

Supreme Court sets aside confiscation order of vehicle after acquittal of accused in cow slaughter case: Abdul Vahab vs. State of Madhya Pradesh (2022) INSC 176 (04 March 2022)

Supreme Court Sets Aside Confiscation Order After Acquittal in Cow Slaughter Case LEGAL ISSUE: Whether a vehicle can be confiscated under the M.P. Prohibition of Cow Slaughter Act, 2004, after the accused persons have been acquitted in the related criminal case. CASE TYPE: Criminal Law, Cow Slaughter Prohibition Case Name: Abdul Vahab vs. State of

Supreme Court sets aside confiscation order of vehicle after acquittal of accused in cow slaughter case: Abdul Vahab vs. State of Madhya Pradesh (2022) INSC 176 (04 March 2022) Read Post »

Supreme Court Clarifies Pay Entitlement on Reinstatement After Illegal Termination: Sukhdarshan Singh vs. State of Punjab (2022)

Supreme Court Clarifies Pay Entitlement on Reinstatement After Illegal Termination: Sukhdarshan Singh vs. State of Punjab (2022) Introduction Date of the Judgment: March 03, 2022 Citation: Civil Appeal Nos. 811-812 of 2022 Judges: K.M. Joseph, J., Hrishikesh Roy, J. What happens to a government employee’s salary when they are reinstated after being illegally terminated? The

Supreme Court Clarifies Pay Entitlement on Reinstatement After Illegal Termination: Sukhdarshan Singh vs. State of Punjab (2022) Read Post »

Supreme Court Clarifies Seniority-cum-Merit for Promotions in Cantonment Boards: Rama Negi vs. Union of India (2 March 2022)

Supreme Court Clarifies Seniority-cum-Merit for Promotions in Cantonment Boards: Rama Negi vs. Union of India (2022) LEGAL ISSUE: Determining the appropriate criteria for promotion to selection posts, specifically concerning seniority-cum-merit and the impact of higher pay scales within the feeder cadre. CASE TYPE: Service Law Case Name: Rama Negi vs. Union of India & Ors.

Supreme Court Clarifies Seniority-cum-Merit for Promotions in Cantonment Boards: Rama Negi vs. Union of India (2 March 2022) Read Post »

Supreme Court Upholds Pre-Deposit Requirement Under Amended Customs Act: Chandra Sekhar Jha vs. Union of India (28 February 2022)

Supreme Court Upholds Pre-Deposit Requirement Under Amended Customs Act: Chandra Sekhar Jha vs. Union of India (2022) LEGAL ISSUE: Whether the pre-deposit requirement under Section 129E of the Customs Act, 1962, as amended in 2014, applies to appeals related to incidents that occurred before the amendment. CASE TYPE: Customs Law. Case Name: Chandra Sekhar Jha

Supreme Court Upholds Pre-Deposit Requirement Under Amended Customs Act: Chandra Sekhar Jha vs. Union of India (28 February 2022) Read Post »

Supreme Court Upholds Pre-Deposit Requirement Under Amended Customs Act: Chandra Sekhar Jha vs. Union of India (28 February 2022)

Supreme Court Upholds Pre-Deposit Requirement Under Amended Customs Act: Chandra Sekhar Jha vs. Union of India (2022) LEGAL ISSUE: Whether the pre-deposit requirement under Section 129E of the Customs Act, 1962, as amended in 2014, applies to cases where the incident occurred before the amendment but the appeal was filed after the amendment. CASE TYPE:

Supreme Court Upholds Pre-Deposit Requirement Under Amended Customs Act: Chandra Sekhar Jha vs. Union of India (28 February 2022) Read Post »

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