M.R. Shah

Supreme Court Ensures Equal Land Allotment for All Mill Workers: Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association vs. National Textile Corporation Limited & Ors. (26 October 2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, M.R. Shah

Supreme Court Orders Parity in Land Allotment for Mill Workers Date of the Judgment: 26 October 2021 Citation: Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association vs. National Textile Corporation Limited & Ors., Civil Appeal Nos. 6260-61 of 2021 Judges: M.R. Shah, J. and A.S. Bopanna, J. Can a group of […]

Supreme Court Ensures Equal Land Allotment for All Mill Workers: Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association vs. National Textile Corporation Limited & Ors. (26 October 2021) Read Post »

Supreme Court Upholds Labour Court Decision on Transfer of Employees: Caparo Engineering India Ltd. vs. Ummed Singh Lodhi and Ors. (26 October 2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Fourth Schedule, Industrial Disputes Act, 1947 with Section 2(s), Industrial Disputes Act, 1947 with Section 9A, Judges, M.R. Shah

Supreme Court Upholds Labour Court Decision on Transfer of Employees: Caparo Engineering India Ltd. vs. Ummed Singh Lodhi and Ors. (2021) LEGAL ISSUE: Whether the transfer of employees constitutes a change in service conditions requiring notice under Section 9A of the Industrial Disputes Act, 1947. CASE TYPE: Industrial Dispute/Labour Law Case Name: Caparo Engineering India

Supreme Court Upholds Labour Court Decision on Transfer of Employees: Caparo Engineering India Ltd. vs. Ummed Singh Lodhi and Ors. (26 October 2021) Read Post »

Supreme Court Allows Pension Benefits by Condoning Break in Service: Valsan P. vs. State of Kerala (2021)

/ A.S. Bopanna, Condonation of Break in Service, Judges, Kerala Service Rules, Kerala Service Rules with Rule 29, Kerala State and Subordinate Service Rules, Kerala State and Subordinate Service Rules with Rule 39, M.R. Shah, Pension Benefits, Service Law

Supreme Court Allows Pension Benefits by Condoning Break in Service: Valsan P. vs. State of Kerala (2021) Date of the Judgment: October 21, 2021 Citation: 2021 INSC 717 Judges: M.R. Shah, J. and A.S. Bopanna, J. Can a break in service between two pensionable employments be condoned to allow for continuous pension benefits? The Supreme

Supreme Court Allows Pension Benefits by Condoning Break in Service: Valsan P. vs. State of Kerala (2021) Read Post »

Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (21 October 2021)

/ A.S. Bopanna, Bidding, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, M.R. Shah, Tender Process

Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (2021) LEGAL ISSUE: Whether a High Court can allow a writ petitioner to modify its bid in a tender process under Article 226 of the Constitution of India without giving an opportunity to other bidders. CASE TYPE: Contract Law, Writ

Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (21 October 2021) Read Post »

Supreme Court Mandates 75% Pre-Deposit for MSME Act Appeals: Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited (2021) INSC 6252

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Judges, M.R. Shah, Micro, Small and Medium Enterprises Development Act, 2006, Micro, Small and Medium Enterprises Development Act, 2006 with Section 19

Supreme Court Mandates 75% Pre-Deposit for MSME Act Appeals: Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited (2021) INSC 6252 Date of the Judgment: October 08, 2021 Citation: (2021) INSC 6252 Judges: Justice M.R. Shah and Justice A.S. Bopanna Can an appellate court waive or reduce the mandatory 75% pre-deposit required under Section

Supreme Court Mandates 75% Pre-Deposit for MSME Act Appeals: Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited (2021) INSC 6252 Read Post »

Supreme Court Clarifies Lok Adalat Jurisdiction: Settlement vs. Merits in Estate Officer vs. Colonel H.V. Mankotia (2021)

/ A.S. Bopanna, Judges, Legal Services Authorities Act, 1987, Legal Services Authorities Act, 1987 with Section 19(5), Legal Services Authorities Act, 1987 with Section 20(3), Legal Services Authorities Act, 1987 with Section 20(5), M.R. Shah

Supreme Court Clarifies Lok Adalat Jurisdiction: Settlement vs. Merits in Estate Officer vs. Colonel H.V. Mankotia (2021) LEGAL ISSUE: Scope of Lok Adalat jurisdiction under the Legal Services Authorities Act, 1987. CASE TYPE: Civil Appellate Jurisdiction Case Name: Estate Officer vs. Colonel H.V. Mankotia (Retired) [Judgment Date]: October 7, 2021 Introduction Date of the Judgment:

Supreme Court Clarifies Lok Adalat Jurisdiction: Settlement vs. Merits in Estate Officer vs. Colonel H.V. Mankotia (2021) Read Post »

Amendment of Pleadings and Counterclaims in Matrimonial Disputes: Supreme Court clarifies in Nitaben Dinesh Patel vs. Dinesh Dahyabhai Patel (2021)

/ A.S. Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Code of Civil Procedure, 1908 with Order VIII Rule 6A, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 23A, Judges, M.R. Shah

Supreme Court Clarifies Amendment of Pleadings and Counterclaims in Matrimonial Disputes: Nitaben Dinesh Patel vs. Dinesh Dahyabhai Patel (2021) LEGAL ISSUE: Whether a wife can amend her written statement to include a counterclaim seeking a declaration that her husband’s second marriage is void in a divorce proceeding. CASE TYPE: Matrimonial Dispute Case Name: Nitaben Dinesh

Amendment of Pleadings and Counterclaims in Matrimonial Disputes: Supreme Court clarifies in Nitaben Dinesh Patel vs. Dinesh Dahyabhai Patel (2021) Read Post »

Supreme Court clarifies who is a “person interested” under Land Acquisition Act: Shrachi Burdwan Developers vs. State of West Bengal (2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 3(b), Land Acquisition Act, 1894 with Section 54, M.R. Shah

Supreme Court Clarifies “Person Interested” in Land Acquisition: Shrachi Burdwan Developers vs. State of West Bengal (2021) Date of the Judgment: October 5, 2021 Citation: 2021 INSC 684 Judges: M.R. Shah, J. and A.S. Bopanna, J. Can a private developer challenge a land acquisition award if they are not directly named in the proceedings? The

Supreme Court clarifies who is a “person interested” under Land Acquisition Act: Shrachi Burdwan Developers vs. State of West Bengal (2021) Read Post »

Supreme Court clarifies conditions for lease agreement execution in Paulmech Infrastructure vs. State of Orissa (2021)

/ A.S. Bopanna, Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with Letter of Intent, Judges, Lease Agreements, M.R. Shah, Writ Jurisdiction

Supreme Court clarifies conditions for lease agreement execution in Paulmech Infrastructure vs. State of Orissa (2021) LEGAL ISSUE: Whether a Letter of Intent (LOI) for a lease agreement can be terminated if the upfront payment is not made within the stipulated time, even if subsequent payments are accepted. CASE TYPE: Contract Law, Lease Agreement Dispute

Supreme Court clarifies conditions for lease agreement execution in Paulmech Infrastructure vs. State of Orissa (2021) Read Post »

Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021)

/ A.S. Bopanna, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 96, Contract Law, Judges, M.R. Shah, Order VI Rule 17, Civil Procedure Code, 1908, Order XLI Rule 31, Civil Procedure Code, 1908, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021) LEGAL ISSUE: Whether a plaintiff can be granted specific performance of a contract when they were not initially willing to purchase the property with existing tenants, and later change their stance during the first appeal. CASE TYPE: Civil Suit – Specific Performance

Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021) Read Post »

Supreme Court Directs Ex-Gratia Payment for COVID-19 Deaths: Gaurav Kumar Bansal vs. Union of India (2021)

/ A.S. Bopanna, COVID-19, Death Certificate, Disaster Management Act, 2005, Disaster Management Act, 2005 with Section 12(iii), Ex-gratia Payment, Judges, M.R. Shah

Supreme Court Directs Ex-Gratia Payment for COVID-19 Deaths: Gaurav Kumar Bansal vs. Union of India (2021) LEGAL ISSUE: Guidelines for ex-gratia assistance to families of those who died due to COVID-19. CASE TYPE: Public Interest Litigation (PIL) related to disaster management. Case Name: Gaurav Kumar Bansal vs. Union of India and others [Judgment Date]: October

Supreme Court Directs Ex-Gratia Payment for COVID-19 Deaths: Gaurav Kumar Bansal vs. Union of India (2021) Read Post »

Supreme Court Upholds Full Arrears for Teachers: Keraleeya Samajam vs. Pratibha Kulkarni (2021)

/ A.S. Bopanna, Arrears of Salary, Judges, M.R. Shah, Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981, Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981 with Schedule 1-C, Pay Commission, Service Law

Supreme Court Upholds Full Arrears for Teachers: Keraleeya Samajam vs. Pratibha Kulkarni (2021) LEGAL ISSUE: Whether the arrears of salary to teachers should be restricted to three years preceding the filing of the writ petition. CASE TYPE: Service Law (Education) Case Name: Keraleeya Samajam & Anr. vs. Pratibha Dattatray Kulkarni (Dead) through LRs & Ors.

Supreme Court Upholds Full Arrears for Teachers: Keraleeya Samajam vs. Pratibha Kulkarni (2021) Read Post »

Scroll to Top