M R Shah

Supreme Court Upholds Rejection of Withdrawal of Prosecution Against Kerala MLAs for Vandalism (28 July 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 321, Constitutional Law, Constitutional Law with Article 194, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 427, Indian Penal Code, 1860 with Section 447, Judges, Legislative Privileges, M R Shah, Offences Against Property

Supreme Court Upholds Rejection of Withdrawal of Prosecution Against Kerala MLAs for Vandalism (2021) LEGAL ISSUE: Whether the prosecution of Members of Legislative Assembly (MLAs) for acts of vandalism within the Assembly can be withdrawn by the Public Prosecutor, citing parliamentary privileges and public interest. CASE TYPE: Criminal Law, Legislative Privileges Case Name: The State […]

Supreme Court Upholds Rejection of Withdrawal of Prosecution Against Kerala MLAs for Vandalism (28 July 2021) Read Post »

Supreme Court Sets Aside Anticipatory Bail in Infrastructure Fraud Case: M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. vs. The State of Maharashtra & Anr. (26 July 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 200, Code of Criminal Procedure, 1973 with Section 438, Dhananjaya Y Chandrachud, Indian Penal Code, Indian Penal Code with Section 420, Judges, M R Shah, Offences Relating to Documents and Property

Supreme Court Sets Aside Anticipatory Bail in Infrastructure Fraud Case Date of the Judgment: 26 July 2021 Citation: Criminal Appeal No. 680 of 2021, @ SLP (Crl) No 3155 of 2018; Criminal Appeal No. 681 of 2021, @ SLP (Crl) No 3156 of 2018; Criminal Appeal No. 682 of 2021, @ SLP (Crl) No 2617

Supreme Court Sets Aside Anticipatory Bail in Infrastructure Fraud Case: M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. vs. The State of Maharashtra & Anr. (26 July 2021) Read Post »

Compounding of Offences Under SEBI Act: Supreme Court Clarifies the Role of SEBI in Prakash Gupta vs. SEBI (23 July 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Compounding of Offences, Dhananjaya Y Chandrachud, Judges, M R Shah, Offences and Penalties, Securities and Exchange Board of India Act, 1992, Securities and Exchange Board of India Act, 1992 with Section 11B, Securities and Exchange Board of India Act, 1992 with Section 24A

Supreme Court Clarifies Compounding of SEBI Act Offences: Prakash Gupta vs. SEBI (2021) LEGAL ISSUE: Whether the Securities Appellate Tribunal (SAT) or a court can compound an offense under the Securities and Exchange Board of India Act, 1992 (“SEBI Act”) without the consent of the Securities and Exchange Board of India (SEBI). CASE TYPE: Securities

Compounding of Offences Under SEBI Act: Supreme Court Clarifies the Role of SEBI in Prakash Gupta vs. SEBI (23 July 2021) Read Post »

Supreme Court directs High Court to Re-evaluate Acquittal Appeal: Brijesh Singh vs. State of Uttar Pradesh (20 July 2021)

/ Appeals, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, D.Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 498A, Judges, M R Shah, Offences Against Human Body

Supreme Court directs High Court to Re-evaluate Acquittal Appeal: Brijesh Singh vs. State of Uttar Pradesh (2021) Date of the Judgment: 20 July 2021 Citation: (2021) INSC 413 Judges: Dr Dhananjaya Y Chandrachud, J. and M R Shah, J. Can a High Court dismiss an appeal against acquittal without properly evaluating the evidence? The Supreme

Supreme Court directs High Court to Re-evaluate Acquittal Appeal: Brijesh Singh vs. State of Uttar Pradesh (20 July 2021) Read Post »

Media Freedom to Report Court Proceedings Upheld: Supreme Court in Election Commission vs. M.R Vijayabhaskar (2021)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 324, Dhananjaya Y Chandrachud, Election Commission of India, Election Law, Fundamental Rights, Judges, M R Shah

Supreme Court Upholds Media Freedom in Reporting Court Proceedings: Election Commission vs. M.R Vijayabhaskar (2021) LEGAL ISSUE: Whether the media can be restricted from reporting oral observations made by judges during court proceedings, and the extent of judicial accountability to the public. CASE TYPE: Constitutional Law, Election Law, Media Law Case Name: The Chief Election

Media Freedom to Report Court Proceedings Upheld: Supreme Court in Election Commission vs. M.R Vijayabhaskar (2021) Read Post »

Supreme Court Declares West Bengal Housing Industry Regulation Act, 2017 Unconstitutional: A Landmark Judgment on Repugnancy of State Laws

/ Constitutional Law, Constitutional Law with Article 254, Dhananjaya Y Chandrachud, Judges, Legislative Relations, M R Shah, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 88, Real Estate (Regulation and Development) Act, 2016 with Section 89, Real Estate Regulation

Supreme Court Declares West Bengal Housing Industry Regulation Act, 2017 Unconstitutional LEGAL ISSUE: Repugnancy between State and Central laws on the Concurrent List CASE TYPE: Constitutional Law, Real Estate Regulation Case Name: Forum for People’s Collective Efforts (FPCE) & Anr. vs. The State of West Bengal & Anr. Judgment Date: 4 May 2021 Date of

Supreme Court Declares West Bengal Housing Industry Regulation Act, 2017 Unconstitutional: A Landmark Judgment on Repugnancy of State Laws Read Post »

Supreme Court Upholds Rape Conviction but Sets Aside SC/ST Act Conviction in Patan Jamal Vali vs. State of Andhra Pradesh (27 April 2021)

/ Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Judges, M R Shah, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(2)(v), Sexual Offences

Supreme Court Upholds Rape Conviction but Sets Aside SC/ST Act Conviction in Patan Jamal Vali vs. State of Andhra Pradesh (27 April 2021) LEGAL ISSUE: Intersectionality of caste, gender and disability in cases of sexual assault and the interpretation of Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Supreme Court Upholds Rape Conviction but Sets Aside SC/ST Act Conviction in Patan Jamal Vali vs. State of Andhra Pradesh (27 April 2021) Read Post »

Supreme Court Cancels Bail in Gruesome Homicide Case: Ramesh Bhavan Rathod vs. State of Gujarat (20 April 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M R Shah, Offences Against Human Body

Supreme Court Cancels Bail in Gruesome Homicide Case: Ramesh Bhavan Rathod vs. State of Gujarat (20 April 2021) LEGAL ISSUE: Whether the High Court correctly granted bail to the accused in a case involving multiple homicides. CASE TYPE: Criminal Law Case Name: Ramesh Bhavan Rathod vs. Vishanbhai Hirabhai Makwana & Anr. Judgment Date: 20 April

Supreme Court Cancels Bail in Gruesome Homicide Case: Ramesh Bhavan Rathod vs. State of Gujarat (20 April 2021) Read Post »

Provisional Attachment under GST: Supreme Court clarifies powers in Radha Krishan Industries vs. State of Himachal Pradesh (2021)

/ Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Goods and Services Tax Act, Goods and Services Tax Act with Section 83, Judges, M R Shah, Provisional Attachment

Supreme Court on Provisional Attachment under GST: Radha Krishan Industries vs. State of Himachal Pradesh (2021) LEGAL ISSUE: The legality and procedure of provisional attachment of property under the Goods and Services Tax (GST) Act. CASE TYPE: Tax Law, specifically relating to Goods and Services Tax (GST) Case Name: M/s Radha Krishan Industries vs. State

Provisional Attachment under GST: Supreme Court clarifies powers in Radha Krishan Industries vs. State of Himachal Pradesh (2021) Read Post »

Supreme Court ensures admission for Ladakh students in MBBS programs: Farzana Batool vs. Union of India (2021) INSC 178 (9 April 2021)

/ Constitutional Law, Constitutional Law with Article 32, Dhananjaya Y Chandrachud, Fundamental Rights, Human Rights, Judges, M R Shah, Non-Discrimination, Right to Education

Supreme Court Ensures Admission for Ladakh Students in MBBS Programs Date of the Judgment: 9 April 2021 Citation: (2021) INSC 178 Judges: Dr Dhananjaya Y Chandrachud, J and M R Shah, J Can the fundamental right to education be denied to students from remote areas due to administrative hurdles? The Supreme Court of India recently

Supreme Court ensures admission for Ladakh students in MBBS programs: Farzana Batool vs. Union of India (2021) INSC 178 (9 April 2021) Read Post »

Supreme Court Directs Permanent Commission for Women Officers, Addresses Systemic Discrimination: Lt. Col. Nitisha & Ors. vs. Union of India & Ors. (25 March 2021)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15(1), Dhananjaya Y Chandrachud, Fundamental Rights, Judges, M R Shah, Permanent Commission, Service Law, Short Service Commissioned Officers

Supreme Court Directs Permanent Commission for Women Officers, Addresses Systemic Discrimination LEGAL ISSUE: Addressing systemic discrimination and ensuring equal opportunities for women in the armed forces. CASE TYPE: Service Law, Constitutional Law Case Name: Lt. Col. Nitisha & Ors. vs. Union of India & Ors. [Judgment Date]: 25 March 2021 Date of the Judgment: 25

Supreme Court Directs Permanent Commission for Women Officers, Addresses Systemic Discrimination: Lt. Col. Nitisha & Ors. vs. Union of India & Ors. (25 March 2021) Read Post »

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