M.R. Shah

Supreme Court quashes FIR in contractual dispute: Kapil Agarwal vs. Sanjay Sharma (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 210, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of High Court, Judges, M.R. Shah, Offences Relating to Property

Supreme Court quashes FIR in contractual dispute: Kapil Agarwal vs. Sanjay Sharma (2021) LEGAL ISSUE: Whether a subsequent FIR can be registered on the same set of facts and allegations when a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 is already pending before a Magistrate. CASE TYPE: Criminal Case Name: Kapil […]

Supreme Court quashes FIR in contractual dispute: Kapil Agarwal vs. Sanjay Sharma (2021) Read Post »

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Sonu vs. State of Uttar Pradesh (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 164, Code of Criminal Procedure, 1973 with Section 482, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Judges, M.R. Shah, Offences Relating to Marriage

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Sonu vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Whether a consensual relationship, followed by a refusal to marry, constitutes rape under Section 376 of the Indian Penal Code, 1860. CASE TYPE: Criminal Case Name: Sonu @ Subhash Kumar v. State of Uttar Pradesh & Anr

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Sonu vs. State of Uttar Pradesh (2021) Read Post »

Supreme Court Quashes Cheating Charges Against Wife in Employment Fraud Case: Archana Rana vs. State of Uttar Pradesh (2021) INSC 167 (01 March 2021)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 419, Indian Penal Code, 1860 with Section 420, Inherent Powers of High Court, Judges, M.R. Shah, Offences Relating to Cheating

Supreme Court Quashes Cheating Charges Against Wife in Employment Fraud Case Date of the Judgment: 01 March 2021 Citation: (2021) INSC 167 Judges: Dr. Dhananjaya Y. Chandrachud, J. and M.R. Shah, J. Can a person be charged with cheating when they did not directly induce someone to part with their money? The Supreme Court of

Supreme Court Quashes Cheating Charges Against Wife in Employment Fraud Case: Archana Rana vs. State of Uttar Pradesh (2021) INSC 167 (01 March 2021) Read Post »

Supreme Court Upholds Liquidation Order After Failed Resolution Plan Implementation in Insolvency Case (01 March 2021)

/ Corporate Insolvency Resolution Process (CIRP), Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 33, Judges, Liquidation, M.R. Shah

Supreme Court Upholds Liquidation Order After Failed Resolution Plan Implementation LEGAL ISSUE: Whether a resolution plan can be reversed to liquidation due to the failure of the resolution applicant to implement the plan despite multiple opportunities. CASE TYPE: Insolvency Law Case Name: Kridhan Infrastructure Pvt Ltd (Now known as Krish Steel and Trading Pvt Ltd)

Supreme Court Upholds Liquidation Order After Failed Resolution Plan Implementation in Insolvency Case (01 March 2021) Read Post »

Supreme Court Clarifies Procedure for Ex-Parte Orders under Companies Act: Surender Kumar Gupta vs. JM Housing Limited (2021)

/ Companies Act 2013, Companies Act 2013 with Section 241, Companies Act 2013 with Section 242, Dhananjaya Y Chandrachud, Ex-Parte Orders, Judges, M.R. Shah, Oppression and Mismanagement, Principles of Natural Justice

Supreme Court Clarifies Procedure for Ex-Parte Orders under Companies Act: Surender Kumar Gupta vs. JM Housing Limited (2021) LEGAL ISSUE: Procedure for challenging ex-parte orders passed by the National Company Law Tribunal (NCLT). CASE TYPE: Company Law, Oppression and Mismanagement. Case Name: Mr. Surender Kumar Gupta and Others vs. J M Housing Limited and Others.

Supreme Court Clarifies Procedure for Ex-Parte Orders under Companies Act: Surender Kumar Gupta vs. JM Housing Limited (2021) Read Post »

Supreme Court Upholds Multi-Member Wards in Gujarat Municipal Elections: Parmar Samantsinh vs. State of Gujarat (2021) INSC 123 (24 February 2021)

/ Ashok Bhushan, Composition of Municipalities, Constitutional Law, Constitutional Law with Article 243R, Gujarat Provincial Municipal Corporation Act, 1949, Gujarat Provincial Municipal Corporation Act, 1949 with Section 29A, Gujarat Provincial Municipal Corporation Act, 1949 with Section 5(3)(iii)(a), Judges, M.R. Shah, R. Subhash Reddy, Wards Committees

Supreme Court Upholds Multi-Member Wards in Gujarat Municipal Elections Date of the Judgment: 24 February 2021 Citation: (2021) INSC 123 Judges: Ashok Bhushan, J., R. Subhash Reddy, J., M.R. Shah, J. Can a single ward in a municipal corporation be represented by multiple members? The Supreme Court of India recently addressed this question, focusing on

Supreme Court Upholds Multi-Member Wards in Gujarat Municipal Elections: Parmar Samantsinh vs. State of Gujarat (2021) INSC 123 (24 February 2021) Read Post »

Supreme Court Upholds Cut-off Date for Pension Scheme: Himachal Road Transport Corp. vs. Retired Employees Union (22 February 2021)

/ Ashok Bhushan, Central Civil Services (Pension) Rules, 1972, Contributory Provident Fund, Cut-off Date, Himachal Road Transport Corporation, Judges, M.R. Shah, Pension Scheme, Pension Scheme, R. Subhash Reddy, Service Law, The Road Transport Corporations Act, 1950

Supreme Court Upholds Cut-off Date for Pension Scheme: Himachal Road Transport Corp. vs. Retired Employees Union (2021) LEGAL ISSUE: Whether a cut-off date for implementing a pension scheme can be considered discriminatory when applied to employees who retired before that date and were already covered under a Contributory Provident Fund Scheme. CASE TYPE: Service Law

Supreme Court Upholds Cut-off Date for Pension Scheme: Himachal Road Transport Corp. vs. Retired Employees Union (22 February 2021) Read Post »

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Khokan @ Khokhan Vishwas vs. State of Chhattisgarh (2021)

/ Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah, Offences Against Human Body

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Khokan @ Khokhan Vishwas vs. State of Chhattisgarh (2021) LEGAL ISSUE: Whether the accused’s actions constitute murder or culpable homicide not amounting to murder under Section 300 of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Khokan @ Khokhan

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Khokan @ Khokhan Vishwas vs. State of Chhattisgarh (2021) Read Post »

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021)

/ Constitutional Law, Constitutional Law with Article 32, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Judges, Judicial Review, M.R. Shah, Real Estate (Regulation and Development) Act, 2016, Real Estate Law

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021) LEGAL ISSUE: Whether the Supreme Court should intervene in a real estate project under Article 32 of the Constitution. CASE TYPE: Real Estate/Constitutional Law Case Name: Upendra Choudhury vs. Bulandshahar Development Authority & Ors [Judgment Date]: 11 February

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021) Read Post »

Supreme Court Upholds 45-Day Limit for Written Statements in Consumer Cases: Daddy’s Builders vs. Manisha Bhargava (2021)

/ Consumer Dispute Resolution, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 13, Dhananjaya Y. Chandrachud, Judges, M.R. Shah

Supreme Court Upholds 45-Day Limit for Written Statements in Consumer Cases: Daddy’s Builders vs. Manisha Bhargava (2021) LEGAL ISSUE: Whether consumer forums have the power to condone delays beyond 45 days for filing written statements. CASE TYPE: Consumer Law Case Name: M/s Daddy’s Builders Pvt. Ltd. & Another vs. Manisha Bhargava and Another Judgment Date:

Supreme Court Upholds 45-Day Limit for Written Statements in Consumer Cases: Daddy’s Builders vs. Manisha Bhargava (2021) Read Post »

Supreme Court Orders Compensation for Landowners Dispossessed Under Kerala Forest Act: The Conservator and Custodian of Forest & Ors. vs. Sobha John Koshy & Anr. (2021)

/ Ashok Bhushan, Compensation, Judges, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 with Section 3, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 with Section 8, Kerala Private Forest (Vesting and Assignment) Act, 1971, Kerala Private Forest (Vesting and Assignment) Act, 1971 with Section 8, Land Law, M.R. Shah, R. Subhash Reddy

Supreme Court Orders Compensation for Landowners Dispossessed Under Kerala Forest Act: The Conservator and Custodian of Forest & Ors. vs. Sobha John Koshy & Anr. (2021) LEGAL ISSUE: Compensation for land not restored to owners after being declared not vested under the Kerala Private Forest (Vesting and Assignment) Act, 1971. CASE TYPE: Land Law/Forest Law

Supreme Court Orders Compensation for Landowners Dispossessed Under Kerala Forest Act: The Conservator and Custodian of Forest & Ors. vs. Sobha John Koshy & Anr. (2021) Read Post »

Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021)

/ Ashok Bhushan, Civil Law, Injunction, Judges, M.R. Shah, Property Law, R. Subhash Reddy, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 6

Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021) LEGAL ISSUE: Whether a suit for permanent injunction can be decreed solely based on the plaintiff’s established possession, without delving into the complexities of title, especially when the defendant has previously failed in litigation concerning the same property. CASE TYPE: Civil Law

Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021) Read Post »

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