Supreme Court Restricts Amendment of Pleadings to Challenge Mortgages: Asian Hotels (North) Ltd. vs. Alok Kumar Lodha & Ors. (2022) LEGAL ISSUE: Whether a plaintiff can amend their suit to challenge mortgages on a property when their original suit concerns the revocation of a license agreement. CASE TYPE: Civil. Case Name: Asian Hotels (North) Ltd. […]
Supreme Court Upholds Debtor’s Right to Reclaim Property Under Income Tax Act: R.S. Infra-Transmission Ltd. vs. Saurinindubhai Patel (2022) LEGAL ISSUE: Whether a debtor’s right to reclaim property under Rule 60 of the Second Schedule of the Income Tax Act, 1961, can be defeated due to a minor shortfall in payment caused by an error
Supreme Court clarifies classification of ‘KADIPROL’ as Poultry Feed vs. Drug: State of Gujarat vs. Cadila Healthcare Ltd. (2022) LEGAL ISSUE: Whether the product “KADIPROL” should be classified as “Poultry Feed” or “Drug and Medicine” under the Gujarat Sales Tax Act. CASE TYPE: Sales Tax Law Case Name: State of Gujarat vs. Cadila Healthcare Ltd.
Supreme Court Remands Case on Technical Assistant Appointment: Biju K.K. vs. Cochin University of Science and Technology (2022) LEGAL ISSUE: Whether a Selection Committee’s decision on awarding marks for experience can be challenged when prior service as a daily wager is ignored, and whether a candidate met the eligibility criteria for a Technical Assistant position.
Supreme Court Holds Avitel in Contempt for Not Maintaining USD 60 Million Balance: HSBC PI Holdings vs. Pradeep Shantipershad Jain (2022) LEGAL ISSUE: Whether non-compliance with a court order to maintain a specific bank balance constitutes contempt of court, even if the order is executable through other means. CASE TYPE: Contempt of Court Case Name:
Supreme Court overturns quashing of criminal proceedings in missing beer truck case: State of Uttar Pradesh vs. Akhil Sharda (2022) LEGAL ISSUE: Whether the High Court was justified in quashing criminal proceedings under Section 482 of the Code of Criminal Procedure (CrPC) without conducting a full trial and appreciating the larger conspiracy involved in the
Supreme Court Clarifies Definition of Consulting Engineer Under Finance Act, 1994: Commissioner of Central Excise vs. M/s Sepco Electric Power Construction Corporation (2022) Date of the Judgment: July 11, 2022 Citation: Civil Appeal No. 4928 of 2018 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Can a “body corporate” be considered a “consulting engineer” under
Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause Date of the Judgment: 11 July 2022 Citation: (2022) INSC 603 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Can a party be barred from filing a counterclaim in arbitration if they haven’t followed a pre-arbitration conciliation process, even if the main dispute is
Supreme Court defers decision on corruption case pending larger bench ruling: State of Kerala vs. M. Karunakaran (2022) LEGAL ISSUE: Whether a conviction under the Prevention of Corruption Act can be sustained solely on circumstantial evidence in the absence of direct evidence of demand for illegal gratification. CASE TYPE: Criminal (Corruption) Case Name: The State
Supreme Court Clarifies Mandatory Nature of Declaration for Section 10B Exemption: Principal Commissioner of Income Tax-III vs. M/s Wipro Limited (2022) LEGAL ISSUE: Whether the declaration under Section 10B(8) of the Income Tax Act, 1961, must be furnished before the due date of filing the original return of income to claim exemption. CASE TYPE: Income
Supreme Court overturns acquittal in double murder case: Malti Sahu vs. Rahul (2022) INSC 640 LEGAL ISSUE: Whether the High Court erred in acquitting the accused based on circumstantial evidence in a double murder case. CASE TYPE: Criminal Law Case Name: Malti Sahu vs. Rahul & Anr. Judgment Date: 11 July 2022 Date of the
Supreme Court Clarifies “Person Interested” in KIAD Act Land Acquisition: Gregory Patrao vs. MRPL (2022) LEGAL ISSUE: Whether a post-acquisition allottee of land is a “person interested” in land acquisition proceedings under the Karnataka Industrial Areas Development Act, 1966 (KIAD Act). CASE TYPE: Land Acquisition Law Case Name: Gregory Patrao and Ors. vs. Mangalore Refinery
