M.R. Shah

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2 May 2023)

/ Disciplinary Proceedings, Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971, Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 with Rule 6, J.B. Pardiwala, Judges, M.R. Shah, Ratification, Service Law

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2023) LEGAL ISSUE: Whether a disciplinary order passed by an officer lacking initial authority can be validated through subsequent ratification by the competent authority. CASE TYPE: Service Law. Case Name: Municipal Commissioner, Jamnagar Municipal Corporation and Anr. vs. R.M. Doshi. [Judgment Date]: 2 […]

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Ratification Validates Dismissal: Supreme Court Decision in Jamnagar Municipal Corporation vs. R.M. Doshi (2023)

/ Disciplinary Proceedings, Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971, J.B. Pardiwala, Jamnagar Municipal Corporation, Judges, M.R. Shah, Municipal Law, Ratification, Resolution No. 51, Resolution No. 56, Service Law

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2023) Date of the Judgment: May 2, 2023 The Supreme Court of India, in a recent judgment, addressed a crucial question regarding the validity of a dismissal order passed by an authority lacking initial jurisdiction but subsequently ratified by the competent body. The

Ratification Validates Dismissal: Supreme Court Decision in Jamnagar Municipal Corporation vs. R.M. Doshi (2023) Read Post »

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 327, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges, Liquidation Process, M.R. Shah, Sanjiv Khanna, Winding Up Provisions

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand

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Supreme Court Remands Land Acquisition Cases for Fresh Review: State of Haryana vs. Hira Singh (2023)

/ C.T. Ravikumar, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 31, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, M.R. Shah, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 101-A, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24

Supreme Court Remands Land Acquisition Cases: State of Haryana vs. Hira Singh (2023) LEGAL ISSUE: Whether land acquisitions lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when compensation hasn’t been paid and physical possession remains with the original owners. CASE TYPE: Land Acquisition

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Supreme Court Upholds Contractual Clause: Specific Performance Denied in Land Sale Dispute (28 April 2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Contract Law, Judges, M.R. Shah, Remedies for Breach of Contract, Sale Agreement, Specific Performance

Supreme Court Upholds Contractual Clause: Specific Performance Denied in Land Sale Dispute LEGAL ISSUE: Whether a clause in a sale agreement providing for double the advance payment as remedy for non-performance bars a decree for specific performance. CASE TYPE: Civil (Contract Law) Case Name: T.D. Vivek Kumar & Anr. vs. Ranbir Chaudhary [Judgment Date]: 28

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Supreme Court clarifies specific performance in sale agreement: T.D. Vivek Kumar vs. Ranbir Chaudhary (2023)

/ Breach of contract, C.T. Ravikumar, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 100, Contract Law, Judges, M.R. Shah, Remedies for Breach, Specific Performance

Supreme Court clarifies specific performance in sale agreement: T.D. Vivek Kumar vs. Ranbir Chaudhary (2023) Date of the Judgment: 28 April 2023 Citation: 2023 INSC 462 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a buyer demand specific performance of a sale agreement if the agreement itself stipulates a remedy for non-performance? The Supreme

Supreme Court clarifies specific performance in sale agreement: T.D. Vivek Kumar vs. Ranbir Chaudhary (2023) Read Post »

Supreme Court Upholds Revised Merit List Based on Re-evaluation in Delhi High Court Private Secretary Appointments: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023)

/ Delhi High Court, Judges, M.R. Shah, Private Secretary Appointments, Recruitment, Sanjay Karol, Service Law

Supreme Court Upholds Revised Merit List Based on Re-evaluation in Delhi High Court Private Secretary Appointments: Sunil & Ors. vs. High Court of Delhi & Ors. (2023) LEGAL ISSUE: Whether candidates whose marks were increased after re-evaluation are entitled to a revised merit list that reflects their new scores for seniority. CASE TYPE: Service Law/Recruitment

Supreme Court Upholds Revised Merit List Based on Re-evaluation in Delhi High Court Private Secretary Appointments: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023) Read Post »

Supreme Court Upholds Revised Merit List Based on Re-evaluation for Private Secretary Posts: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023)

/ Judges, M.R. Shah, Merit List, Recruitment, Sanjay Karol, Seniority, Service Law

Supreme Court Upholds Revised Merit List Based on Re-evaluation for Private Secretary Posts: Sunil & Ors. vs. High Court of Delhi & Ors. (2023) Date of the Judgment: 28 April 2023 Citation: 2023 INSC 459 Judges: M.R. Shah, J. and Sanjay Karol, J. Can a merit list be revised to reflect the correct marks of

Supreme Court Upholds Revised Merit List Based on Re-evaluation for Private Secretary Posts: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023) Read Post »

Supreme Court Upholds Development Charges but Rejects Other Levies Under UP Urban Planning Act (28 April 2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 265, Development Authorities, Judges, M.R. Shah, U.P. Urban Planning and Development Act, 1973, U.P. Urban Planning and Development Act, 1973 with Section 15(2-A), U.P. Urban Planning and Development Act, 1973 with Section 41

Supreme Court Upholds Development Charges but Rejects Other Levies Under UP Urban Planning Act LEGAL ISSUE: Whether development authorities in Uttar Pradesh can levy charges beyond those explicitly mentioned in Section 15(2-A) of the U.P. Urban Planning and Development Act, 1973. CASE TYPE: Civil Law – Urban Development and Planning Case Name: Mathura Vrindavan Development

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Supreme Court Upholds Development Charges but Strikes Down Other Levies in Uttar Pradesh: Mathura Vrindavan Development Authority vs. Rajesh Sharma (2023) INSC 448 (28 April 2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 265, Development Charges, Judges, M.R. Shah, U.P. Urban Planning and Development Act, 1973, U.P. Urban Planning and Development Act, 1973 with Section 15(2-A), U.P. Urban Planning and Development Act, 1973 with Section 41

Supreme Court Upholds Development Charges but Strikes Down Other Levies in Uttar Pradesh LEGAL ISSUE: Whether Development Authorities in Uttar Pradesh can levy charges beyond those explicitly specified in the U.P. Urban Planning and Development Act, 1973. CASE TYPE: Civil Law – Land Development and Urban Planning Case Name: Mathura Vrindavan Development Authority & Another

Supreme Court Upholds Development Charges but Strikes Down Other Levies in Uttar Pradesh: Mathura Vrindavan Development Authority vs. Rajesh Sharma (2023) INSC 448 (28 April 2023) Read Post »

Supreme Court quashes reinvestigation order by Secretary (Home) in murder case: Bohatie Devi vs. State of Uttar Pradesh (2023) INSC 396 (28 April 2023)

/ C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Further Investigation, Judges, M.R. Shah

Supreme Court quashes reinvestigation order by Secretary (Home) in murder case: Bohatie Devi vs. State of Uttar Pradesh (2023) INSC 396 (28 April 2023) LEGAL ISSUE: Whether the Secretary (Home) of a state government can order a reinvestigation by another agency after a chargesheet has been filed and cognizance has been taken by the Magistrate.

Supreme Court quashes reinvestigation order by Secretary (Home) in murder case: Bohatie Devi vs. State of Uttar Pradesh (2023) INSC 396 (28 April 2023) Read Post »

Supreme Court clarifies pension calculation for work-charged employees in Bihar: Uday Pratap Thakur vs. State of Bihar (2023)

/ C.T. Ravikumar, Judges, M.R. Shah, Pension Benefits, Pension Rules, Rule 5(v) of the Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013, Service Law, Work-Charged Employees

Supreme Court Clarifies Pension Calculation for Work-Charged Employees in Bihar (2023) LEGAL ISSUE: Calculation of pension benefits for work-charged employees upon regularization. CASE TYPE: Service Law Case Name: Uday Pratap Thakur and Anr. vs. The State of Bihar and Ors. [Judgment Date]: April 28, 2023 Introduction Date of the Judgment: April 28, 2023 Citation: 2023

Supreme Court clarifies pension calculation for work-charged employees in Bihar: Uday Pratap Thakur vs. State of Bihar (2023) Read Post »

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