Kurian Joseph

Supreme Court Upholds Partition Act in Property Dispute: S. Esabella vs. C. Thankarajan (2017)

LEGAL ISSUE: Whether a final decree can be challenged if the preliminary decree was not challenged, especially concerning the practicalities of partition. CASE TYPE: Civil Property Partition. Case Name: S. Esabella vs. C. Thankarajan. [Judgment Date]: December 12, 2017. Introduction Date of the Judgment: December 12, 2017. Citation: (2017) INSC 990. Judges: Kurian Joseph, J. […]

Supreme Court Upholds Partition Act in Property Dispute: S. Esabella vs. C. Thankarajan (2017) Read Post »

Supreme Court Lapses Land Acquisition for Non-Payment of Compensation: Malik Industry vs. State of Haryana (2017)

LEGAL ISSUE: Whether land acquisition proceedings lapse if compensation is not paid to landowners, but only deposited with the Land Acquisition Collector. CASE TYPE: Land Acquisition Case Name: Malik Industry & Anr. vs. State of Haryana & Ors. [Judgment Date]: 12 December 2017 Date of the Judgment: 12 December 2017 Citation: (2017) INSC 713 Judges:

Supreme Court Lapses Land Acquisition for Non-Payment of Compensation: Malik Industry vs. State of Haryana (2017) Read Post »

Supreme Court Remands School Teacher Termination Case Back to High Court for Fresh Review of Appointment Validity

LEGAL ISSUE: Validity of teacher appointments and adherence to principles of natural justice in termination. CASE TYPE: Education Law, Service Law. Case Name: The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. vs. A. M. Sankey John and Anr. [Judgment Date]: 11 December 2017 Introduction Date of the Judgment: 11 December 2017 Citation: Not Available

Supreme Court Remands School Teacher Termination Case Back to High Court for Fresh Review of Appointment Validity Read Post »

Supreme Court Sets Aside High Court Order Quashing Summons in Land Fraud Case: Prabhu Dutt Tiwari vs. State of Uttar Pradesh (2017)

LEGAL ISSUE: Scope of Magistrate’s powers at the summoning stage in a criminal case. CASE TYPE: Criminal Law Case Name: Prabhu Dutt Tiwari vs. The State of Uttar Pradesh & Ors. [Judgment Date]: December 7, 2017 Introduction Date of the Judgment: December 7, 2017 Citation: 2017 INSC 1045 Judges: Hon’ble Mr. Justice Kurian Joseph and

Supreme Court Sets Aside High Court Order Quashing Summons in Land Fraud Case: Prabhu Dutt Tiwari vs. State of Uttar Pradesh (2017) Read Post »

Supreme Court Enhances Compensation in Motor Accident Case: Navjyot Singh vs. DTC (2017)

LEGAL ISSUE: Calculation of compensation in motor accident cases, specifically regarding the addition of future prospects to income and the computation of actual income. CASE TYPE: Motor Accident Compensation Case Name: Navjyot Singh & Ors. vs. D.T.C. & Ors. [Judgment Date]: December 7, 2017 Introduction Date of the Judgment: December 7, 2017 Citation: (2017) INSC

Supreme Court Enhances Compensation in Motor Accident Case: Navjyot Singh vs. DTC (2017) Read Post »

Supreme Court Enhances Compensation in Motor Accident Case: Bhogireddi Varalakshmi vs. Mani Muthupandi (2017)

LEGAL ISSUE: Calculation of compensation in motor accident claims, specifically regarding the multiplier, loss of consortium, and future prospects. CASE TYPE: Motor Accident Compensation Case Name: Bhogireddi Varalakshmi & Ors. vs. Mani Muthupandi & Ors. [Judgment Date]: 05 December 2017 Date of the Judgment: 05 December 2017 Citation: (2017) INSC 1037 Judges: Kurian Joseph, J.,

Supreme Court Enhances Compensation in Motor Accident Case: Bhogireddi Varalakshmi vs. Mani Muthupandi (2017) Read Post »

Supreme Court clarifies jurisdiction in MSMED Act and DRT cases: Bank of India wins against Yadav Consultancy (05 December 2017)

This judgment addresses a dispute over payment of security service charges. The core legal issue is whether the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 can be invoked when proceedings are ongoing before the Debt Recovery Tribunal (DRT). The Supreme Court of India settled this dispute, clarifying the jurisdiction of both bodies. This

Supreme Court clarifies jurisdiction in MSMED Act and DRT cases: Bank of India wins against Yadav Consultancy (05 December 2017) Read Post »

Supreme Court directs quick disposal of Sub-Inspector selection case: State of West Bengal vs. Basudev Das (2017)

Can a selection process be set aside due to grievances about height discrimination? The Supreme Court of India recently addressed this question in a case concerning the selection of Sub-Inspectors in West Bengal. The court did not delve into the merits of the case but instead directed the High Court to expedite the hearing of

Supreme Court directs quick disposal of Sub-Inspector selection case: State of West Bengal vs. Basudev Das (2017) Read Post »

Supreme Court Upholds Maintainability of Eviction Petitions Filed Before Amendment: H. Prabhakar Baliga vs. Vasudeva Rao Kanemar (2017)

LEGAL ISSUE: Whether an amendment to a rent control act can invalidate eviction petitions filed before the amendment came into effect. CASE TYPE: Rent Control Law Case Name: H. Prabhakar Baliga & Anr. vs. Vasudeva Rao Kanemar @ V.R. Kanemar & Anr. [Judgment Date]: November 30, 2017 Introduction Date of the Judgment: November 30, 2017

Supreme Court Upholds Maintainability of Eviction Petitions Filed Before Amendment: H. Prabhakar Baliga vs. Vasudeva Rao Kanemar (2017) Read Post »

Supreme Court sets aside High Court order on personal property auction in housing dispute: Vinod Goyal vs. Vishranti City Residents Welfare Society (2017) INSC 1019 (29 November 2017)

Can a High Court order the auction of personal properties of partners in a developer firm to recover dues for a housing project? The Supreme Court of India addressed this question in a recent case, concerning a dispute over infrastructure development in a residential colony. The Supreme Court set aside the High Court’s order, which

Supreme Court sets aside High Court order on personal property auction in housing dispute: Vinod Goyal vs. Vishranti City Residents Welfare Society (2017) INSC 1019 (29 November 2017) Read Post »

Supreme Court Allows Continued Disciplinary Proceedings Post-Retirement for Pension Impact: Dr. Nazrul Islam vs. Union of India (2017)

LEGAL ISSUE: Whether disciplinary proceedings can continue after an employee’s retirement, specifically concerning pension and gratuity. CASE TYPE: Service Law Case Name: Dr. Nazrul Islam vs. Union of India & Ors. Judgment Date: 28 November 2017 Date of the Judgment: 28 November 2017 Citation: (2017) INSC 975 Judges: Kurian Joseph, J. and Amitava Roy, J.

Supreme Court Allows Continued Disciplinary Proceedings Post-Retirement for Pension Impact: Dr. Nazrul Islam vs. Union of India (2017) Read Post »

Supreme Court Quashes Chargesheet Based on National Commission for Scheduled Castes’ Direction: Ishwar Pratap Singh vs State of UP (28 November 2017)

Date of the Judgment: 28 November 2017 Citation: Ishwar Pratap Singh & Ors. v. The State of Uttar Pradesh & Anr., Criminal Appeal No. 2039 of 2017 (Arising out of SLP (Crl) No. 6835 of 2015) Judges: Kurian Joseph, J. and Amitava Roy, J. Can a National Commission dictate the course of a police investigation?

Supreme Court Quashes Chargesheet Based on National Commission for Scheduled Castes’ Direction: Ishwar Pratap Singh vs State of UP (28 November 2017) Read Post »

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