M.M. Sundresh

Supreme Court Acquits Accused in Murder Case: Taijuddin vs. State of Assam (2021)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M.M. Sundresh, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Acquits Accused in Murder Case: Taijuddin vs. State of Assam (2021) LEGAL ISSUE: Whether pointing out the location of a victim to a mob constitutes being part of an unlawful assembly with a common intention to commit murder. CASE TYPE: Criminal Law Case Name: Taijuddin vs. State of Assam & Ors. [Judgment Date]: […]

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Supreme Court Upholds Land Rights Based on Delay: Shivanna vs. State of Karnataka (25 November 2021)

/ Judges, Karnataka Scheduled Caste and Scheduled Tribes (Prohibition on Transfer of Certain Lands) Act, 1978, Karnataka Scheduled Caste and Scheduled Tribes (Prohibition on Transfer of Certain Lands) Act, 1978 with Section 4, M.M. Sundresh, Mysore Land Revenue Code, Mysore Land Revenue Code with Rule 43(8), Sanjay Kishan Kaul, Scheduled Castes and Scheduled Tribes Land Rights

Supreme Court Upholds Land Rights Based on Delay: Shivanna vs. State of Karnataka (2021) LEGAL ISSUE: Whether delay and laches can override the provisions of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition on Transfer of Certain Lands) Act, 1978, which prohibits the transfer of land granted to SC/ST communities. CASE TYPE: Land Law/ Scheduled

Supreme Court Upholds Land Rights Based on Delay: Shivanna vs. State of Karnataka (25 November 2021) Read Post »

Supreme Court Upholds Right to Private Defence in Double Murder Case: Arvind Kumar vs. State of Rajasthan (22 November 2021)

/ Criminal Procedure Code, Criminal Procedure Code with Section 173(8), Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M.M. Sundresh, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Upholds Right to Private Defence in Double Murder Case LEGAL ISSUE: Whether the accused persons acted in private defence while causing the death of two individuals. CASE TYPE: Criminal Law – Murder, Private Defence Case Name: Arvind Kumar @ Nemichand & Ors. vs. State of Rajasthan [Judgment Date]: 22 November 2021 Introduction Date

Supreme Court Upholds Right to Private Defence in Double Murder Case: Arvind Kumar vs. State of Rajasthan (22 November 2021) Read Post »

Supreme Court Clarifies Complaint Filing in Cheque Dishonor Cases: Bhupesh Rathod vs. Dayashankar Prasad Chaurasia (2021)

/ Criminal Law, Criminal Procedure, Judges, M.M. Sundresh, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 142, Offences, Sanjay Kishan Kaul

Supreme Court Clarifies Complaint Filing in Cheque Dishonor Cases: Bhupesh Rathod vs. Dayashankar Prasad Chaurasia (2021) LEGAL ISSUE: Whether a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the Managing Director of a company, is valid if the company is not explicitly named as the complainant in the cause title. CASE

Supreme Court Clarifies Complaint Filing in Cheque Dishonor Cases: Bhupesh Rathod vs. Dayashankar Prasad Chaurasia (2021) Read Post »

Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Contract Law, Deed of Settlement, International Commercial Arbitration, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) LEGAL ISSUE: Whether an arbitral award can be set aside for being in conflict with the fundamental policy of Indian law. CASE TYPE: Arbitration Case Name: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff [Judgment Date]: November

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Supreme Court overturns contempt order for lack of ‘willful disobedience’ in tax levy case: Dr. U.N. Bora vs. Assam Roller Flour Mills Association (2021)

/ Assam Agricultural Produce Market Act, 1972, Assam Agricultural Produce Market Act, 1972 with Section 21, Cess Levy, Civil Contempt, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with willful disobedience, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court overturns contempt order for lack of ‘willful disobedience’ in tax levy case: Dr. U.N. Bora vs. Assam Roller Flour Mills Association (2021) LEGAL ISSUE: Whether a higher official can be held liable for contempt of court for actions of their subordinates, and whether a contempt petition can be used to address disputed questions

Supreme Court overturns contempt order for lack of ‘willful disobedience’ in tax levy case: Dr. U.N. Bora vs. Assam Roller Flour Mills Association (2021) Read Post »

Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Constitutional Law with Article 226, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 3, Indian Contract Act, 1872 with Section 39, Indian Contract Act, 1872 with Section 7, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021) LEGAL ISSUE: Whether a tenure-based appointment through direct recruitment is valid under the Central Power Research Institute (CPRI) rules. CASE TYPE: Service Law. Case Name: Union of India & Others vs. N Murugesan ETC. Judgment Date: 07 October 2021 Introduction Date

Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021) Read Post »

Supreme Court Upholds Sealed Cover Procedure for Promotions: State Bank of India vs. C.K. Karunakaran (30 September 2021)

/ Disciplinary Proceedings, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Service Law, Service Law with Minor Penalties, Service Law with Sealed Cover Procedure

Supreme Court Upholds Sealed Cover Procedure for Promotions: State Bank of India vs. C.K. Karunakaran (2021) Date of the Judgment: 30 September 2021 Citation: Civil Appeal No. 6821 of 2009 Judges: Hon’ble Mr. Justice Sanjay Kishan Kaul and Hon’ble Mr. Justice M.M. Sundresh Can a bank withhold a promotion if disciplinary proceedings were initiated against

Supreme Court Upholds Sealed Cover Procedure for Promotions: State Bank of India vs. C.K. Karunakaran (30 September 2021) Read Post »

Contempt of Court: Supreme Court Addresses Scandalous Conduct in Suraz India Trust Case (29 September 2021)

/ Constitutional Law, Constitutional Law with Article 129, Constitutional Law with Article 142, Contempt of Courts Act, 1971, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Supreme Court Powers

Supreme Court Addresses Contempt of Court in Suraz India Trust Case (2021) The Supreme Court of India, in a significant judgment, addressed the issue of contempt of court arising from the actions of Mr. Rajiv Daiya, Chairman of Suraz India Trust. The case highlights the importance of maintaining the dignity of judicial institutions and the

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Supreme Court Upholds Outsourcing Policy for Class IV Employees in Aided Institutions: State of Uttar Pradesh vs. Principal Abhay Nandan Inter College (2021)

/ Constitutional Law, Constitutional Law with Article 14, Intermediate Education Act, 1921, Intermediate Education Act, 1921 with Section 16G, Intermediate Education Act, 1921 with Section 9(4), Judges, M.M. Sundresh, Regulations framed under the Intermediate Education Act, 1921, Sanjay Kishan Kaul

Supreme Court Upholds Outsourcing Policy for Class IV Employees in Aided Institutions: State of Uttar Pradesh vs. Principal Abhay Nandan Inter College (2021) LEGAL ISSUE: Whether the State Government can mandate outsourcing for Class IV employee positions in aided educational institutions. CASE TYPE: Education Law, Service Law Case Name: The State of Uttar Pradesh &

Supreme Court Upholds Outsourcing Policy for Class IV Employees in Aided Institutions: State of Uttar Pradesh vs. Principal Abhay Nandan Inter College (2021) Read Post »

Supreme Court Upholds Voluntary Retirement Acceptance Despite Employee’s Withdrawal Attempt: New Victoria Mills vs. Shrikant Arya (2021)

/ Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25(o), Judges, Labour Law, M.M. Sundresh, Sanjay Kishan Kaul, Service Law, Voluntary Retirement Scheme

Supreme Court Upholds Voluntary Retirement Acceptance Despite Employee’s Withdrawal Attempt: New Victoria Mills vs. Shrikant Arya (2021) LEGAL ISSUE: Whether an employee can withdraw their voluntary retirement application after it has been accepted by the employer but before the effective date of retirement, especially when the employer postpones the relieving date. CASE TYPE: Labour Law/Service

Supreme Court Upholds Voluntary Retirement Acceptance Despite Employee’s Withdrawal Attempt: New Victoria Mills vs. Shrikant Arya (2021) Read Post »

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