M.R. Shah

Supreme Court quashes High Court order in SARFAESI Act case: Kotak Mahindra Bank vs. Narendra Jayantilal Trivedi (2022)

Supreme Court quashes High Court order in SARFAESI Act case: Kotak Mahindra Bank vs. Narendra Jayantilal Trivedi (2022) Date of the Judgment: May 13, 2022 Citation: 2022 INSC 487 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a High Court grant interim relief that effectively stalls recovery proceedings under the Securitisation and Reconstruction of […]

Supreme Court quashes High Court order in SARFAESI Act case: Kotak Mahindra Bank vs. Narendra Jayantilal Trivedi (2022) Read Post »

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022)

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 227 of the Constitution of India against an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in an appeal under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019.

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022) Read Post »

Supreme Court clarifies the interplay between pledge under Contract Act and Depositories Act: PTC India Financial Services Ltd. vs. Venkateswarlu Kari (12 May 2022)

Supreme Court Clarifies Pledge Law and Depositories Act: PTC India Financial Services Ltd. vs. Venkateswarlu Kari (2022) Date of the Judgment: 12 May 2022 Citation: (2022) INSC 479 Judges: M.R. Shah, J., Sanjiv Khanna, J. Can a pawnee (lender) automatically become the owner of pledged shares by simply recording themselves as the beneficial owner in

Supreme Court clarifies the interplay between pledge under Contract Act and Depositories Act: PTC India Financial Services Ltd. vs. Venkateswarlu Kari (12 May 2022) Read Post »

Supreme Court Clarifies Domestic Violence Act: Shared Household and Mandatory Incident Reports

Supreme Court Clarifies Domestic Violence Act: Shared Household and Mandatory Incident Reports LEGAL ISSUE: Whether a Domestic Incident Report is mandatory before initiating proceedings under the Protection of Women from Domestic Violence Act, 2005, and what constitutes a ‘shared household’ and ‘domestic relationship’. CASE TYPE: Criminal Case Name: Prabha Tyagi vs. Kamlesh Devi Judgment Date:

Supreme Court Clarifies Domestic Violence Act: Shared Household and Mandatory Incident Reports Read Post »

Supreme Court Orders Imprisonment for Contempt of Court in Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain (12 May 2022)

Supreme Court Orders Imprisonment for Contempt of Court in Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain LEGAL ISSUE: Contempt of Court for wilful disobedience of court orders. CASE TYPE: Contempt of Court Case Name: Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain and Another Judgment Date: 12 May 2022 Introduction Date of

Supreme Court Orders Imprisonment for Contempt of Court in Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain (12 May 2022) Read Post »

Supreme Court Restores Minimum Wage Notification with Special Allowance: Gomantak Mazdoor Sangh vs. State of Goa (2022)

Supreme Court Restores Minimum Wage Notification with Special Allowance: Gomantak Mazdoor Sangh vs. State of Goa (2022) LEGAL ISSUE: Whether the State Government can modify a minimum wage notification by way of an errata notification, without following the procedure for fixing or revising minimum wages under the Minimum Wages Act, 1948. CASE TYPE: Labour Law

Supreme Court Restores Minimum Wage Notification with Special Allowance: Gomantak Mazdoor Sangh vs. State of Goa (2022) Read Post »

Supreme Court Quashes Appointment, Orders Fresh Selection in Lecturer Post Case: Reshma Sultana vs. State of Karnataka (2022)

Supreme Court Quashes Appointment, Orders Fresh Selection in Lecturer Post Case: Reshma Sultana vs. State of Karnataka (2022) LEGAL ISSUE: Whether a High Court, after invalidating an appointment, can direct the appointment of another candidate who was not part of the original selection process. CASE TYPE: Service Law. Case Name: Reshma Sultana vs. The State

Supreme Court Quashes Appointment, Orders Fresh Selection in Lecturer Post Case: Reshma Sultana vs. State of Karnataka (2022) Read Post »

Supreme Court Reverses Pre-emption Order Due to Non-Compliance with Deposit Rules: Abdul Matin Mallick vs. Subrata Bhattacharjee (2022)

Supreme Court Reverses Pre-emption Order Due to Non-Compliance with Deposit Rules: Abdul Matin Mallick vs. Subrata Bhattacharjee (2022) LEGAL ISSUE: Whether the deposit of the entire sale consideration along with an additional 10% is a mandatory pre-condition for a pre-emption application to be maintainable under the West Bengal Land Reforms Act, 1955. CASE TYPE: Land

Supreme Court Reverses Pre-emption Order Due to Non-Compliance with Deposit Rules: Abdul Matin Mallick vs. Subrata Bhattacharjee (2022) Read Post »

Supreme Court clarifies reassessment notice procedure under Income Tax Act: Union of India vs. Ashish Agarwal (2022)

Supreme Court clarifies reassessment notice procedure under Income Tax Act LEGAL ISSUE: Procedure for issuing reassessment notices under the Income Tax Act, 1961 CASE TYPE: Tax Law Case Name: Union of India & Ors. vs. Ashish Agarwal Judgment Date: May 4, 2022 Date of the Judgment: May 4, 2022 Citation: (2022) INSC 426 Judges: M.R.

Supreme Court clarifies reassessment notice procedure under Income Tax Act: Union of India vs. Ashish Agarwal (2022) Read Post »

Supreme Court clarifies rules for OBC candidates’ placement in general category: Bharat Sanchar Nigam Limited & Anr. vs. Sandeep Choudhary & Ors. (28 April 2022)

Supreme Court Clarifies Reservation Rules: OBC Candidates’ Placement in General Category (28 April 2022) LEGAL ISSUE: Whether reserved category candidates who score higher than general category candidates should be placed in the general category pool. CASE TYPE: Service Law Case Name: Bharat Sanchar Nigam Limited & Anr. vs. Sandeep Choudhary & Ors. [Judgment Date]: 28

Supreme Court clarifies rules for OBC candidates’ placement in general category: Bharat Sanchar Nigam Limited & Anr. vs. Sandeep Choudhary & Ors. (28 April 2022) Read Post »

Supreme Court Upholds Gangsters Act Application in Single Offence Case: Shraddha Gupta vs. State of Uttar Pradesh (26 April 2022)

Supreme Court Upholds Gangsters Act Application in Single Offence Case: Shraddha Gupta vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a single FIR/charge sheet for an anti-social activity is sufficient to prosecute an individual under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. CASE TYPE: Criminal Law Case Name: Shraddha Gupta vs.

Supreme Court Upholds Gangsters Act Application in Single Offence Case: Shraddha Gupta vs. State of Uttar Pradesh (26 April 2022) Read Post »

Supreme Court settles enhanced superannuation benefits for aided college teachers in Dr. Jacob Thudipara vs. State of Madhya Pradesh (21 April 2022)

Supreme Court Rules on Enhanced Superannuation for Aided College Teachers Date of the Judgment: 21 April 2022 Citation: Civil Appeal No. 2974 of 2022 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can teachers in government-aided private colleges receive the same enhanced retirement age benefits as their counterparts in government colleges? The Supreme Court of

Supreme Court settles enhanced superannuation benefits for aided college teachers in Dr. Jacob Thudipara vs. State of Madhya Pradesh (21 April 2022) Read Post »

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