L. Nageswara Rao

Supreme Court Upholds Trial Court Decision: Marriage Not Proven in Property Dispute

/ Evidence Act, 1872, Evidence Act, 1872 with Section 102, Hemant Gupta, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 11, Hindu Marriage Act, 1955 with Section 5, Hindu Marriage Act, 1955 with Section 7, Judges, L. Nageswara Rao

Supreme Court Upholds Trial Court Decision: Marriage Not Proven in Property Dispute LEGAL ISSUE: Whether a marriage is valid when not performed with proper ceremonies and customs, and if the parties are within prohibited degrees of relationship. CASE TYPE: Civil Property Dispute Case Name: Rathnamma & Ors. vs. Sujathamma & Ors. Judgment Date: 15 November […]

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Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act: Ram Krishan Grover vs. Union of India (2019)

/ Constitutional Law, Constitutional Law with Article 14, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13-B, East Punjab Urban Rent Restriction Act, 1949 with Section 2(dd), Fundamental Rights, Judges, L. Nageswara Rao, Power to Extend Enactments, Punjab Reorganisation Act, 1966, Punjab Reorganisation Act, 1966 with Section 87, Ranjan Gogoi, Rights of Non-Resident Indians, Sanjiv Khanna

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act LEGAL ISSUE: Whether Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which grants special eviction rights to Non-Resident Indians (NRIs), is constitutionally valid. CASE TYPE: Property Law, Rent Control Case Name: Ram Krishan Grover and Others vs. Union of India and

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act: Ram Krishan Grover vs. Union of India (2019) Read Post »

Supreme Court Upholds Discharge of Airman for Habitual Indiscipline: Union of India vs. Abhishek Pandey (2019)

/ Air Force Rules, 1969, Air Force Rules, 1969 with Rule 15(2)(g)(ii), Armed Forces Tribunal, Hemant Gupta, Judges, L. Nageswara Rao, Service Law

Supreme Court Upholds Discharge of Airman: Union of India vs. Abhishek Pandey (2019) LEGAL ISSUE: Whether a second warning is mandatory for discharging a habitual offender from the Indian Air Force, even when the competent authority decides against giving another chance. CASE TYPE: Service Law (Armed Forces) Case Name: Union of India & Ors. vs.

Supreme Court Upholds Discharge of Airman for Habitual Indiscipline: Union of India vs. Abhishek Pandey (2019) Read Post »

Supreme Court Clarifies Disability Pension for Navy Personnel: Union of India vs. V.R. Nanukuttan Nair (2019)

/ Armed Forces Tribunal, Disability Pension, Hemant Gupta, Judges, L. Nageswara Rao, Navy (Pension) Regulations, 1964, Service Law

Supreme Court Clarifies Disability Pension for Navy Personnel: Union of India vs. V.R. Nanukuttan Nair (2019) LEGAL ISSUE: Entitlement to service element of disability pension for Navy personnel discharged with a disability after completing their engagement period but before completing the qualifying service for a regular pension. CASE TYPE: Service Law/Armed Forces Tribunal Case Name:

Supreme Court Clarifies Disability Pension for Navy Personnel: Union of India vs. V.R. Nanukuttan Nair (2019) Read Post »

Supreme Court Upholds Termination of Fuel Dealership for Adulteration: Indian Oil Corporation Ltd. vs. M/S. R.M. Service Centre (2019) INSC 942 (07 November 2019)

/ Breach of contract, Contract Law, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3, Hemant Gupta, Judges, L. Nageswara Rao, Termination of Contract

Supreme Court Upholds Termination of Fuel Dealership for Adulteration Date of the Judgment: 07 November 2019 Citation: (2019) INSC 942 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a fuel dealership be terminated for failing quality tests, even if there are minor procedural delays in sample testing? The Supreme Court of India addressed this

Supreme Court Upholds Termination of Fuel Dealership for Adulteration: Indian Oil Corporation Ltd. vs. M/S. R.M. Service Centre (2019) INSC 942 (07 November 2019) Read Post »

Supreme Court Upholds Forest Reservation: Tamil Nadu Govt. vs. Arulmighu Kallalagar Temple (2019)

/ Hemant Gupta, Judges, L. Nageswara Rao, Madras Forest Act, 1882, Madras Forest Act, 1882 with Section 25, Madras Forest Act, 1882 with Section 4, Reserved Forest

Supreme Court Upholds Forest Reservation: Tamil Nadu Govt. vs. Arulmighu Kallalagar Temple (2019) LEGAL ISSUE: Whether the Government of Tamil Nadu’s notification declaring Alagar Hills as a reserved forest was valid. CASE TYPE: Civil Law, Land Dispute, Forest Law Case Name: The Government of Tamil Nadu & Anr. Etc. Etc. vs. Arulmighu Kallalagar Thirukoil Alagar

Supreme Court Upholds Forest Reservation: Tamil Nadu Govt. vs. Arulmighu Kallalagar Temple (2019) Read Post »

Supreme Court Upholds Armed Forces Tribunal Decision: Dismissal of Sepoy Pravat Kumar Behuria Set Aside in Army Assault Case (06 November 2019)

/ Army Act, 1950, Army Act, 1950 with Rule 23(2), Army Rules, 1954, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 326, Judges, L. Nageswara Rao, Offences Against Human Body

Supreme Court Upholds Armed Forces Tribunal Decision in Sepoy Pravat Kumar Behuria Case Date of the Judgment: 06 November 2019 Citation: Criminal Appeal No. 1627 of 2019 (@ Diary No. 1052 of 2018) Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a court martial’s decision be overturned if proper procedure isn’t followed? The

Supreme Court Upholds Armed Forces Tribunal Decision: Dismissal of Sepoy Pravat Kumar Behuria Set Aside in Army Assault Case (06 November 2019) Read Post »

Supreme Court Denies One Rank One Pension to Army Postal Service Deputationists: Union of India vs. Lt. Col. Om Dutt Sharma (2019)

/ Hemant Gupta, Judges, L. Nageswara Rao, Pension, Service Law, Service Law with OROP

Supreme Court Denies One Rank One Pension to Army Postal Service Deputationists: Union of India vs. Lt. Col. Om Dutt Sharma (2019) LEGAL ISSUE: Whether personnel of the Army Postal Service (APS) on deputation from the Department of Posts are entitled to the benefit of One Rank One Pension (OROP). CASE TYPE: Service Law (Pension)

Supreme Court Denies One Rank One Pension to Army Postal Service Deputationists: Union of India vs. Lt. Col. Om Dutt Sharma (2019) Read Post »

Supreme Court settles eligibility for Ex-Servicemen Category in State Services: Rajasthan Public Service Commission vs. Shikun Ram Firoda (25 October 2019)

/ Constitutional Law, Constitutional Law with Article 142, Eligibility Criteria, Ex-Servicemen, Hemant Gupta, Judges, L. Nageswara Rao, Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988, Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 with Rule 6B, Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999, Recruitment Rules, Service Law

Supreme Court Clarifies Eligibility for Ex-Servicemen Category: Rajasthan Public Service Commission vs. Shikun Ram Firoda (2019) LEGAL ISSUE: Whether a candidate who was not an ex-serviceman on the last date of application can claim eligibility under the ex-servicemen category based on a subsequent press note allowing category changes. CASE TYPE: Service Law Case Name: Rajasthan

Supreme Court settles eligibility for Ex-Servicemen Category in State Services: Rajasthan Public Service Commission vs. Shikun Ram Firoda (25 October 2019) Read Post »

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019)

/ Delhi Electricity Reforms Act, 2000, Electricity Act, 2003, Electricity Law, Hemant Gupta, Judges, L. Nageswara Rao, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, National Green Tribunal Act, 2010 with Section 18(1)

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019) LEGAL ISSUE: Whether an electricity distribution company can be directed to collect environmental compensation through electricity bills. CASE TYPE: Environmental Law, National Green Tribunal Case Name: Tata Power Delhi Distribution Ltd. vs. Manoj Misra and Ors. Judgment Date: 24 October

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019) Read Post »

Supreme Court Upholds NGT Decision on Forest Land Classification in Uttarakhand: Chandra Prakash Budakoti vs. Union of India (2019)

/ Deemed Forest, Environmental Law, Forest (Conservation) Act, 1980, Forest (Conservation) Act, 1980 with Section 2, Hemant Gupta, Judges, L. Nageswara Rao, National Green Tribunal

Supreme Court Upholds NGT Decision on Forest Land Classification in Uttarakhand LEGAL ISSUE: Whether land recorded as ‘banjar’ (barren) in revenue records can be classified as a ‘deemed forest’ under the Forest (Conservation) Act, 1980. CASE TYPE: Environmental Law Case Name: Chandra Prakash Budakoti vs. Union of India & Ors. Judgment Date: 24 October 2019

Supreme Court Upholds NGT Decision on Forest Land Classification in Uttarakhand: Chandra Prakash Budakoti vs. Union of India (2019) Read Post »

Supreme Court Upholds State’s Authority over Evacuee Land Allotment: Ramesh Parsram Malani vs. State of Telangana (22 October 2019)

/ Displaced Persons (Compensation & Rehabilitation) Act, 1954, Displaced Persons (Compensation & Rehabilitation) Act, 1954 with Section 14, Displaced Persons (Compensation & Rehabilitation) Act, 1954 with Section 17, Displaced Persons (Compensation & Rehabilitation) Act, 1954 with Section 2(b), Hemant Gupta, Judges, L. Nageswara Rao

Supreme Court upholds State’s Authority over Evacuee Land Allotment: Ramesh Parsram Malani vs. State of Telangana (2019) Date of the Judgment: 22 October 2019 Citation: (2019) INSC 1234 Judges: L. Nageswara Rao J., Hemant Gupta J. Can a displaced person claim additional land decades after the initial allotment, especially when the land has been transferred

Supreme Court Upholds State’s Authority over Evacuee Land Allotment: Ramesh Parsram Malani vs. State of Telangana (22 October 2019) Read Post »

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