M.R. Shah

Supreme Court quashes criminal proceedings arising from family dispute: Ahmad Ali Quraishi & Anr. vs. State of Uttar Pradesh & Anr. (30 January 2020)

Supreme Court Quashes Criminal Proceedings in Family Dispute Case Date of the Judgment: 30 January 2020 Citation: (2020) INSC 89 Judges: Ashok Bhushan, J. and M.R. Shah, J. Can a criminal complaint be quashed if it appears to be a tool for settling personal scores rather than a genuine pursuit of justice? The Supreme Court […]

Supreme Court quashes criminal proceedings arising from family dispute: Ahmad Ali Quraishi & Anr. vs. State of Uttar Pradesh & Anr. (30 January 2020) Read Post »

Supreme Court Upholds Landlord’s Right to Seek Fair Rent During Contractual Tenancy: N. Motilal & Ors. vs. Faisal Bin Ali & Anr. (2020) INSC 75

Supreme Court Upholds Landlord’s Right to Seek Fair Rent During Contractual Tenancy Date of the Judgment: January 30, 2020 Citation: (2020) INSC 75 Judges: Ashok Bhushan, J., M.R. Shah, J. Can a landlord seek an increase in rent even when a lease agreement is still in effect? The Supreme Court of India recently addressed this

Supreme Court Upholds Landlord’s Right to Seek Fair Rent During Contractual Tenancy: N. Motilal & Ors. vs. Faisal Bin Ali & Anr. (2020) INSC 75 Read Post »

Anticipatory Bail: Supreme Court Defines Scope and Duration Under Section 438 CrPC (29 January 2020)

Supreme Court Clarifies the Scope of Anticipatory Bail Under Section 438 CrPC LEGAL ISSUE: Scope and duration of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case Name: Sushila Aggarwal and others vs. State (NCT of Delhi) and another [Judgment Date]: 29 January 2020 Introduction Date of

Anticipatory Bail: Supreme Court Defines Scope and Duration Under Section 438 CrPC (29 January 2020) Read Post »

Supreme Court Upholds Dismissal Under Army Act: Sanjay Marutirao Patil vs. Union of India (2020)

Supreme Court Upholds Dismissal Under Army Act: Sanjay Marutirao Patil vs. Union of India (2020) LEGAL ISSUE: Whether an administrative dismissal under Section 20 of the Army Act, 1950, after a Summary Court Martial for the same misconduct, constitutes double jeopardy. CASE TYPE: Armed Forces Law Case Name: Sanjay Marutirao Patil vs. Union of India

Supreme Court Upholds Dismissal Under Army Act: Sanjay Marutirao Patil vs. Union of India (2020) Read Post »

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020)

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020) LEGAL ISSUE: Whether the State of Rajasthan was in contempt of court for not following the directions of the Supreme Court regarding the grant of consequential seniority to Scheduled Caste/Scheduled Tribe employees in promotions. CASE TYPE: Contempt Petition (Civil) Case

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020) Read Post »

Supreme Court Clarifies Abatement of Appeals in Cases Involving Both Imprisonment and Fine: Ramesan vs. State of Kerala (21 January 2020)

Supreme Court Clarifies Abatement of Appeals in Cases Involving Both Imprisonment and Fine: Ramesan vs. State of Kerala (2020) LEGAL ISSUE: Whether an appeal against a composite sentence of imprisonment and fine abates entirely upon the death of the appellant, or can it continue for the fine component. CASE TYPE: Criminal Law Case Name: Ramesan

Supreme Court Clarifies Abatement of Appeals in Cases Involving Both Imprisonment and Fine: Ramesan vs. State of Kerala (21 January 2020) Read Post »

Supreme Court Upholds Deposit Condition for Suspension of Sentence in NI Act Cases: Surinder Singh Deswal vs. Virender Gandhi (2020) INSC 14

Supreme Court Upholds Deposit Condition for Suspension of Sentence in NI Act Cases Date of the Judgment: January 8, 2020 Citation: (2020) INSC 14 Judges: Ashok Bhushan, J., M.R. Shah, J. Can a court mandate a deposit of a portion of the compensation amount as a condition for suspending a sentence in a cheque dishonor

Supreme Court Upholds Deposit Condition for Suspension of Sentence in NI Act Cases: Surinder Singh Deswal vs. Virender Gandhi (2020) INSC 14 Read Post »

Supreme Court Upholds Eviction on Subletting: A. Mahalakshmi vs. Bala Venkatram (2020)

Supreme Court Upholds Eviction on Subletting: A. Mahalakshmi vs. Bala Venkatram (2020) LEGAL ISSUE: Whether a tenant sublet the property without the landlord’s consent, warranting eviction. CASE TYPE: Landlord-Tenant Dispute, Rent Control Case Name: A. Mahalakshmi vs. Bala Venkatram (D) Through LR & Anr. [Judgment Date]: 07 January 2020 Introduction Date of the Judgment: 07

Supreme Court Upholds Eviction on Subletting: A. Mahalakshmi vs. Bala Venkatram (2020) Read Post »

Supreme Court Upholds Denial of Pension for Interrupted Service: Surinder Nath Kesar vs. Board of School Education (2020)

Supreme Court Upholds Denial of Pension for Interrupted Service: Surinder Nath Kesar vs. Board of School Education (2020) Date of the Judgment: January 6, 2020 Citation: 2020 INSC 14 Judges: Ashok Bhushan, J., M.R. Shah, J. Can a break in service, even if condoned by an employer, guarantee pension benefits if the relevant service rules

Supreme Court Upholds Denial of Pension for Interrupted Service: Surinder Nath Kesar vs. Board of School Education (2020) Read Post »

Supreme Court allows admission after cut-off date in exceptional medical admission cases: S. Krishna Sradha vs. State of Andhra Pradesh (2019)

Supreme Court Allows Admission After Cut-Off Date in Rare Cases: S. Krishna Sradha vs. State of Andhra Pradesh (2019) Date of the Judgment: December 13, 2019 Citation: 2019 INSC 1234 Judges: Arun Mishra J., M.R. Shah J., B.R. Gavai J. Can a meritorious student be denied admission to a medical course due to a delay

Supreme Court allows admission after cut-off date in exceptional medical admission cases: S. Krishna Sradha vs. State of Andhra Pradesh (2019) Read Post »

Supreme Court Strikes Down Direct Appeal Provision Under Chhattisgarh Rent Control Act (2019)

Chhattisgarh Rent Control Act: Supreme Court Invalidates Direct Appeals (2019) LEGAL ISSUE: Whether a State legislature can enact a law providing for direct appeals to the Supreme Court from a Rent Control Tribunal. CASE TYPE: Constitutional Law, Rent Control Case Name: Rajendra Diwan vs. Pradeep Kumar Ranibala & Anr. Judgment Date: 10 December 2019 Introduction

Supreme Court Strikes Down Direct Appeal Provision Under Chhattisgarh Rent Control Act (2019) Read Post »

Supreme Court Upholds Sales Tax on Time Charter Agreements: Great Eastern Shipping Co. Ltd. vs. State of Karnataka (2019)

Supreme Court Upholds Sales Tax on Time Charter Agreements: Great Eastern Shipping Co. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a time charter agreement constitutes a transfer of the right to use goods, thereby attracting sales tax. CASE TYPE: Tax Law, Sales Tax Case Name: The Great Eastern Shipping Co. Ltd. vs. State

Supreme Court Upholds Sales Tax on Time Charter Agreements: Great Eastern Shipping Co. Ltd. vs. State of Karnataka (2019) Read Post »

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