M. R. Shah Archives

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019)

October 4, 2019 / Arun Mishra, B. R. Gavai, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, M. R. Shah, Tea Act, 1953, Tea Act, 1953 with Section 16E, Tea Act, 1953 with Section 16G

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019) LEGAL ISSUE: Whether prior consent of the Central Government is required under Section 16G(1)(c) of the Tea Act, 1953, before initiating proceedings under Section 9 of the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case […]

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019) Read Post »

Supreme Court Invalidates Sale Agreement Due to Statutory Bar: Narayanamma vs. Govindappa (2019)

September 26, 2019 / Arun Mishra, B.R. Gavai, Contract Law, Enforceability of Contracts, Judges, Karnataka Land Reforms Act, 1961, Karnataka Land Reforms Act, 1961 with Section 61, M. R. Shah, Statutory Restrictions, Void Agreements

Supreme Court Invalidates Sale Agreement Due to Statutory Bar: Narayanamma vs. Govindappa (2019) Date of the Judgment: September 26, 2019 Citation: 2019 INSC 1003 Judges: Arun Mishra, J., M. R. Shah, J., B.R. Gavai, J. Can a sale agreement made during a statutory prohibition period be enforced after the prohibition ends? The Supreme Court of

Supreme Court Invalidates Sale Agreement Due to Statutory Bar: Narayanamma vs. Govindappa (2019) Read Post »

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019)

September 20, 2019 / Army Rules, 1954, Arun Mishra, B. R. Gavai, Discharge from Service, Judges, M. R. Shah, Pensionable Service, Rule 13(3)(III)(v), Army Rules, 1954, Service Law

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019) Date of the Judgment: September 20, 2019 Citation: [Not Available in Source] Judges: Arun Mishra J., M. R. Shah J., and B. R. Gavai J. Can a soldier be discharged from service solely based on a few

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019) Read Post »

Supreme Court Upholds Withdrawal of Excise Duty Exemption on Tobacco Products: Union of India vs. Unicorn Industries (2019)

September 19, 2019 / Additional Duties of Excise (Goods of Special Importance) Act, 1957, Additional Duties of Excise (Goods of Special Importance) Act, 1957 with Section 3(3), Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 with Section 3(3), Arun Mishra, B.R. Gavai, Central Excise Act, 1944, Central Excise Act, 1944 with Section 5A, Judges, M. R. Shah

Supreme Court Upholds Withdrawal of Excise Duty Exemption on Tobacco Products: Union of India vs. Unicorn Industries (2019) LEGAL ISSUE: Whether the Union of India can withdraw an excise duty exemption on certain products, invoking public interest, despite having granted the exemption earlier. CASE TYPE: Excise Law Case Name: Union of India & Ors. vs.

Supreme Court Upholds Withdrawal of Excise Duty Exemption on Tobacco Products: Union of India vs. Unicorn Industries (2019) Read Post »

Supreme Court Revises Conviction in Fatal Free Fight Case: State of Madhya Pradesh vs. Kalicharan & Ors. (2019)

May 31, 2019 / A.S. Bopanna, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, M. R. Shah, Offences Against Human Body

Supreme Court Revises Conviction in Fatal Free Fight Case: State of Madhya Pradesh vs. Kalicharan & Ors. (2019) LEGAL ISSUE: Whether the High Court was correct in altering the conviction of one of the accused from culpable homicide amounting to murder to culpable homicide not amounting to murder, given the nature of the injury and

Supreme Court Revises Conviction in Fatal Free Fight Case: State of Madhya Pradesh vs. Kalicharan & Ors. (2019) Read Post »

Supreme Court Clarifies Applicability of Section 18 of Rajasthan Non-Government Educational Institutions Act in Cases of Post Abolition: Khetri Vikas Samiti vs. Director College Education (2019)

May 9, 2019 / Judges, L. Nageswara Rao, M. R. Shah, Post Abolition, Rajasthan Non-Government Educational Institutions Act, 1989, Rajasthan Non-Government Educational Institutions Act, 1989 with Section 18, Rajasthan Non-Government Educational Institutions Rules, 1993 with Rule 39

Supreme Court Clarifies Applicability of Section 18 of Rajasthan Act in Cases of Post Abolition: Khetri Vikas Samiti vs. Director College Education (2019) Date of the Judgment: May 9, 2019 Citation: 2019 INSC 446 Judges: L. Nageswara Rao, J., M. R. Shah, J. (authored the judgment) Can an educational institution terminate employees without prior approval

Supreme Court Clarifies Applicability of Section 18 of Rajasthan Non-Government Educational Institutions Act in Cases of Post Abolition: Khetri Vikas Samiti vs. Director College Education (2019) Read Post »

Supreme Court clarifies Magistrate’s power to order further investigation after discharging the accused in Criminal Cases: Bikash Ranjan Rout vs. State (2019) INSC 341 (16 April 2019)

April 16, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 227, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 468, Judges, L. Nageswara Rao, M. R. Shah, Offences Relating to Documents

Supreme Court Clarifies Magistrate’s Power to Order Further Investigation After Discharge Date of the Judgment: 16 April 2019 Citation: (2019) INSC 341 Judges: L. Nageswara Rao, J., M. R. Shah, J. Can a Magistrate order further investigation after discharging an accused? This question was recently addressed by the Supreme Court of India in a case

Supreme Court clarifies Magistrate’s power to order further investigation after discharging the accused in Criminal Cases: Bikash Ranjan Rout vs. State (2019) INSC 341 (16 April 2019) Read Post »

Supreme Court Upholds Cancellation of Land Allotment: JVPD Scheme Welfare Trust vs. MHADA (9 April 2019)

April 9, 2019 / Judges, L. Nageswara Rao, Land Allotment, Land Law, M. R. Shah, Maharashtra Housing and Area Development (Disposal of Land) Regulations, 1982, Maharashtra Housing and Area Development Authority (MHADA), Public Trust, Regulation 16, Maharashtra Housing and Area Development (Disposal of Land) Regulations, 1982

Supreme Court Upholds Cancellation of Land Allotment: JVPD Scheme Welfare Trust vs. MHADA (2019) LEGAL ISSUE: Whether the High Court can uphold a cancellation order based on reasons not stated in the original order. CASE TYPE: Land Allotment/Public Trust Law Case Name: JYPD Scheme Welfare Trust vs. The Chief Officer, M.H.A.D. & Ors. Judgment Date:

Supreme Court Upholds Cancellation of Land Allotment: JVPD Scheme Welfare Trust vs. MHADA (9 April 2019) Read Post »

Supreme Court Directs Land Allotment to Municipal Corporation for Primary School: Jawed Urdu Primary School vs. Collector of Mumbai (2019)

April 9, 2019 / Constitutional Law, Constitutional Law with Article 142, Judges, L. Nageswara Rao, M. R. Shah, Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, Maharashtra Land Revenue Code, 1966, Maharashtra Land Revenue Code, 1966 with Section 40

Supreme Court Directs Land Allotment to Municipal Corporation for Primary School: Jawed Urdu Primary School vs. Collector of Mumbai (2019) LEGAL ISSUE: Whether the land reserved for a primary school should be allotted to a private trust or the municipal corporation, especially when neither applicant fully met the application criteria. CASE TYPE: Land Allotment/ Education

Supreme Court Directs Land Allotment to Municipal Corporation for Primary School: Jawed Urdu Primary School vs. Collector of Mumbai (2019) Read Post »

Benami Transactions: Supreme Court Rules on Property Ownership in Leelavathi vs. Shankarnarayana Rao (2019)

April 9, 2019 / Benami Transactions (Prohibition) Act, 1988, Benami Transactions (Prohibition) Act, 1988 with Section 2, Family Property Disputes, Judges, L. Nageswara Rao, M. R. Shah, Ownership Rights, Property Law

Supreme Court Upholds Property Rights: Leelavathi vs. Shankarnarayana Rao (2019) LEGAL ISSUE: Whether properties purchased with financial assistance from a father in the names of his sons are considered benami transactions. CASE TYPE: Civil Property Law. Case Name: Smt. P. Leelavathi (D) by LRs vs. V. Shankarnarayana Rao (D) by LRs. [Judgment Date]: April 9,

Benami Transactions: Supreme Court Rules on Property Ownership in Leelavathi vs. Shankarnarayana Rao (2019) Read Post »

Supreme Court settles seniority of direct recruits vs. LDCE promotees: P. Subramaniyan vs. Union of India (2019)

March 15, 2019 / Government of India Rules, Judges, L. Nageswara Rao, M. R. Shah, Quota-Rota Rule, Seniority Rules, Service Law, SRO No. 191

Supreme Court clarifies seniority rules for direct recruits vs. LDCE promotees: P. Subramaniyan vs. Union of India (2019) LEGAL ISSUE: Determination of seniority between direct recruits and Limited Departmental Competitive Examination (LDCE) promotees. CASE TYPE: Service Law Case Name: P. Subramaniyan vs. Union of India & Ors. Judgment Date: March 15, 2019 Date of the

Supreme Court settles seniority of direct recruits vs. LDCE promotees: P. Subramaniyan vs. Union of India (2019) Read Post »

Supreme Court Dismisses Suit Challenging Gift Deed After 22 Years: Raghwendra Sharan Singh vs. Ram Prasanna Singh (2019) INSC 184

March 13, 2019 / Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 7 Rule 11, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 59, M. R. Shah, Rejection of Plaint

Supreme Court Dismisses Suit Challenging Gift Deed After 22 Years: Raghwendra Sharan Singh vs. Ram Prasanna Singh (2019) INSC 184 LEGAL ISSUE: Whether a suit challenging a registered gift deed, filed 22 years after its execution, is barred by limitation under the Limitation Act, 1963. CASE TYPE: Civil Law – Property Dispute Case Name: Raghwendra

Supreme Court Dismisses Suit Challenging Gift Deed After 22 Years: Raghwendra Sharan Singh vs. Ram Prasanna Singh (2019) INSC 184 Read Post »