Kurian Joseph

Supreme Court settles ACP Scheme applicability for retained employees in Haryana State Small Industries Case (24 April 2017)

/ Assured Career Progression Scheme, Court Orders, Judges, Kurian Joseph, R. Banumathi, Service Law

Can employees, retained by court order, be considered surplus and denied benefits under the Assured Career Progression (ACP) Scheme? The Supreme Court of India addressed this question in a recent case involving the Haryana State Small Industries and Export Corporation Limited. This judgment clarifies the position of employees retained due to court orders, ensuring they […]

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Land Acquisition Deadline: Supreme Court rules against DDA in Krishna Rajauria Case (24 April 2017)

/ Judges, Kurian Joseph, R. Banumathi, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24(2)

Can a government body avoid paying compensation for acquired land by claiming a stay order when that stay didn’t apply to the specific land owners? The Supreme Court of India addressed this issue in a case involving the Delhi Development Authority (DDA) and several landowners. The court clarified the application of Section 24(2) of The

Land Acquisition Deadline: Supreme Court rules against DDA in Krishna Rajauria Case (24 April 2017) Read Post »

Supreme Court Dismisses Appeal in Property Dispute After Settlement: Rajeev Kumar Upadhyay vs. Prakash Chand Rawat (2017)

/ Civil Law, Civil Procedure, Judges, Kurian Joseph, R. Banumathi, Settlement of Disputes

Date of the Judgment: April 24, 2017 Citation: 2017 INSC 380 Judges: Kurian Joseph, J. and R. Banumathi, J. Can a pending appeal be dismissed if the parties reach a settlement? The Supreme Court of India addressed this question in a recent case where the parties resolved their property dispute out of court. This judgment

Supreme Court Dismisses Appeal in Property Dispute After Settlement: Rajeev Kumar Upadhyay vs. Prakash Chand Rawat (2017) Read Post »

Supreme Court settles land acquisition lapses: No Possession, No Compensation, Acquisition Lapses (20 April 2017)

/ Compensation, Judges, Kurian Joseph, Land Acquisition Law, Lapse of Acquisition, Possession of Land, R. Banumathi, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24(2)

Can the government acquire land without taking possession or paying compensation? The Supreme Court of India recently addressed this critical question in a series of land acquisition cases. The Court emphasized that if the government fails to take possession of the land or pay compensation within five years, the acquisition lapses under Section 24(2) of

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Supreme Court Upholds Eviction Based on Rent Default and Subletting: Anil Kumar Dhekale vs. Rukhiben (2017)

/ Bombay Rent Control Act, Bombay Rent Control Act with Section 12, Bombay Rent Control Act with Section 5(11)(c), Judges, Kurian Joseph, R. Banumathi

Can a tenant be evicted for not paying rent and subletting the property? The Supreme Court of India addressed this question in a case involving a landlord seeking to evict his tenants. The core issue revolved around whether the tenants had defaulted on rent payments and illegally sublet the property. This case, Anil Kumar Dadhurao

Supreme Court Upholds Eviction Based on Rent Default and Subletting: Anil Kumar Dhekale vs. Rukhiben (2017) Read Post »

Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017)

/ Eviction, Judges, Kurian Joseph, Landlord-Tenant Disputes, Legal Heirs, Property Law, R. Banumathi, U.P. Urban Buildings Act, U.P. Urban Buildings Act with Section 21(a)

LEGAL ISSUE: Whether the bona fide requirement of a landlord for eviction of a tenant extends to the legal heirs upon the landlord’s death, especially when the family business continues. CASE TYPE: Property Eviction Law. Case Name: Satish Chander Aggarwal (D) By Lrs. vs. Shyam Lal Om Prakash, Arhti and Anr Judgment Date: March 30,

Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017) Read Post »

Supreme Court mandates interest on rent arrears: Bhagirath Agarwal vs. M/S Simplex Concrete & Piles (I) Pvt. Ltd. (23 March 2017)

/ Judges, Kurian Joseph, R. Banumathi, Tenancy Law, West Bengal Premises Tenancy Act, 1956, West Bengal Premises Tenancy Act, 1956 with Section 17(2A), West Bengal Premises Tenancy Act, 1956 with Section 34

LEGAL ISSUE: Whether a court has the discretion to deny interest on arrears of rent when permitting payment in installments under the West Bengal Premises Tenancy Act, 1956. CASE TYPE: Tenancy Law Case Name: Bhagirath Agarwal vs. M/S Simplex Concrete & Piles (I) Pvt. Ltd. [Judgment Date]: 23 March 2017 Introduction Date of the Judgment:

Supreme Court mandates interest on rent arrears: Bhagirath Agarwal vs. M/S Simplex Concrete & Piles (I) Pvt. Ltd. (23 March 2017) Read Post »

Supreme Court Modifies Sentence in Uphaar Tragedy Case: Fine Imposed Instead of Additional Jail Time

/ Adarsh Kumar Goel, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304A, Indian Penal Code, 1860 with Section 65, Judges, Kurian Joseph, Offences Affecting the Human Body, Ranjan Gogoi

LEGAL ISSUE: Whether a sentence of imprisonment can be substituted with a fine, and the extent of punishment for offences under Section 304A of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Association of Victims of Uphaar Tragedy vs. Sushil Ansal and Another Judgment Date: 9th February 2017 Introduction Date of the

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Supreme Court clarifies conditions for leave to defend in summary suits: IDBI Trusteeship Services Ltd. vs. Hubtown Ltd. (2016)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXXVII, Foreign Exchange Management Act, 1999, Foreign Exchange Management Act, 1999 with Regulation 4, Foreign Exchange Management Act, 1999 with Regulation 5, Judges, Kurian Joseph, R.F. Nariman, Summary Suits

Date of the Judgment: 15 November 2016 Citation: (2016) INSC 1093 Judges: Kurian Joseph, J., R.F. Nariman, J. Can a defendant in a summary suit be granted unconditional leave to defend if they raise a triable issue? The Supreme Court of India addressed this question in a case involving a corporate guarantee. The Court clarified

Supreme Court clarifies conditions for leave to defend in summary suits: IDBI Trusteeship Services Ltd. vs. Hubtown Ltd. (2016) Read Post »

Supreme Court enhances land compensation: Om Parkash & Ors. vs. State of Haryana (2016)

/ Judges, Kurian Joseph, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4(1), Rohinton Fali Nariman

Can a court enhance land compensation when the Land Acquisition Collector has undervalued the land? The Supreme Court of India addressed this crucial question in a case concerning land acquisition in Haryana. This judgment clarifies the principles for determining fair compensation for land acquired by the government. The Supreme Court bench consisted of Justices Kurian

Supreme Court enhances land compensation: Om Parkash & Ors. vs. State of Haryana (2016) Read Post »

Supreme Court Directs Proper Handling of Seized Drugs: Union of India vs. Mohanlal (2016)

/ Judges, Kurian Joseph, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 52A, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 55, T.S. Thakur

Can seized narcotics be stored indefinitely without proper procedure? The Supreme Court of India addressed this critical issue in Union of India vs. Mohanlal, highlighting the alarming state of drug storage and disposal across the country. This judgment emphasizes the need for strict adherence to legal protocols for handling seized contraband to prevent pilferage and

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Supreme Court Grants Continuity of Service but Limits Back Wages in Dismissal Case: Eastern Coalfields Ltd. vs. Misri Yadav & Ors. (2016) INSC 19 (19 January 2016)

/ Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 17-B, Judges, Kurian Joseph, Rohinton Fali Nariman

Can a dismissed employee be granted continuity of service without full back wages? The Supreme Court of India addressed this question in a case involving Eastern Coalfields Ltd. and one of its dismissed employees. The court, while acknowledging the employee’s right to continuity of service, limited the back wages to be paid. This judgment clarifies

Supreme Court Grants Continuity of Service but Limits Back Wages in Dismissal Case: Eastern Coalfields Ltd. vs. Misri Yadav & Ors. (2016) INSC 19 (19 January 2016) Read Post »

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