Mohan M. Shantanagoudar

Supreme Court Upholds Probate Grant: Revocation Plea Dismissed in Lynette Fernandes vs. Gertie Mathias (2017)

LEGAL ISSUE: Whether a probate grant can be revoked due to procedural defects and allegations of fraud, particularly after a significant delay. CASE TYPE: Succession Law Case Name: Mrs. Lynette Fernandes vs. Mrs. Gertie Mathias since Deceased by Lrs. Judgment Date: November 08, 2017 Date of the Judgment: November 08, 2017 Citation: [Not Available in […]

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Supreme Court Upholds Dual Pricing Policy for Diesel: Indian Oil Corporation Ltd. vs. Kerala State Road Transport Corporation (2017)

LEGAL ISSUE: Whether the Government of India’s decision to charge bulk consumers a non-subsidized, market-determined price for diesel is valid. CASE TYPE: Policy decision, Fiscal Law. Case Name: Indian Oil Corporation Limited & Anr. vs. Kerala State Road Transport Corporation & Ors. [Judgment Date]: November 7, 2017 Date of the Judgment: November 7, 2017. Citation:

Supreme Court Upholds Dual Pricing Policy for Diesel: Indian Oil Corporation Ltd. vs. Kerala State Road Transport Corporation (2017) Read Post »

Supreme Court Enhances Compensation in Motor Accident Case: Ankur Kapoor vs. Oriental Insurance Co. Ltd. (2017)

Can a court enhance compensation awarded by a lower court in a motor accident claim? The Supreme Court of India addressed this question in a recent case, focusing on the adequacy of compensation for a young man with a permanent disability. This case highlights the principles used to calculate compensation in motor accident claims, specifically

Supreme Court Enhances Compensation in Motor Accident Case: Ankur Kapoor vs. Oriental Insurance Co. Ltd. (2017) Read Post »

Supreme Court Upholds Land Acquisition: Kolkata Metropolitan Development Authority vs. Pradip Kumar Ghosh (2017)

LEGAL ISSUE: Whether land acquisition proceedings initiated after a prior requisition order are valid, especially when a High Court had directed the release of the property if not acquired within a specified time. CASE TYPE: Land Acquisition Law Case Name: Kolkata Metropolitan Development Authority vs. Pradip Kumar Ghosh & Ors. Judgment Date: 24 October 2017

Supreme Court Upholds Land Acquisition: Kolkata Metropolitan Development Authority vs. Pradip Kumar Ghosh (2017) Read Post »

Supreme Court Protects Basic Pay on Absorption: Eastern Coalfields Ltd. vs. Prativa Biswas (2017)

LEGAL ISSUE: Whether basic pay of employees can be reduced upon absorption into a new company, when the terms of absorption guaranteed protection of existing pay and emoluments. CASE TYPE: Service Law. Case Name: Eastern Coalfields Ltd. & Ors. vs. Prativa Biswas & Ors. Judgment Date: 11 October 2017 Introduction Date of the Judgment: 11

Supreme Court Protects Basic Pay on Absorption: Eastern Coalfields Ltd. vs. Prativa Biswas (2017) Read Post »

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017)

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 879 Judges: Arun Mishra, J., Mohan M. Shantanagoudar, J. Can a suit against a dead person be rectified by adding their legal heirs later? The Supreme Court of India recently addressed this crucial question in a case concerning a property dispute where one of the

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017) Read Post »

Supreme Court Sets Aside Sale of Trust Property: Cyrus Rustom Patel vs. Charity Commissioner (2017)

LEGAL ISSUE: Whether the Charity Commissioner properly sanctioned the sale of trust property under Section 36 of the Bombay Public Trusts Act, 1950. CASE TYPE: Trust Law/Property Law Case Name: Cyrus Rustom Patel vs. The Charity Commissioner Maharashtra, State & Ors. Judgment Date: 21 September 2017 Date of the Judgment: 21 September 2017 Citation: (2017)

Supreme Court Sets Aside Sale of Trust Property: Cyrus Rustom Patel vs. Charity Commissioner (2017) Read Post »

Supreme Court clarifies definition of ‘wages’ under Employees State Insurance Act: Employees State Insurance Corporation vs. Mangalam Publications (21 September 2017)

LEGAL ISSUE: Whether interim relief paid to employees constitutes “wages” under the Employees’ State Insurance Act, 1948. CASE TYPE: Employees’ State Insurance Law Case Name: Employees State Insurance Corporation & Anr. vs. Mangalam Publications (I) Private Limited [Judgment Date]: 21 September 2017 Introduction Date of the Judgment: 21 September 2017 Citation: (2017) INSC 811 Judges:

Supreme Court clarifies definition of ‘wages’ under Employees State Insurance Act: Employees State Insurance Corporation vs. Mangalam Publications (21 September 2017) Read Post »

Supreme Court Upholds Husband’s Right to Retiral Benefits, Rejecting Deathbed Will: Prakash Soni vs. Deepak Kumar (2017)

LEGAL ISSUE: Whether a deathbed will, executed under suspicious circumstances, can supersede the rights of a legal heir to receive retiral benefits. CASE TYPE: Succession Law Case Name: Dr. Prakash Soni vs. Deepak Kumar and another Judgment Date: 15 September 2017 Date of the Judgment: 15 September 2017 Citation: (2017) INSC 784 Judges: Arun Mishra,

Supreme Court Upholds Husband’s Right to Retiral Benefits, Rejecting Deathbed Will: Prakash Soni vs. Deepak Kumar (2017) Read Post »

Supreme Court settles the scope of ‘land’ under the Land Acquisition Act: State of Maharashtra vs. Reliance Industries Ltd. (2017) INSC 794 (15 September 2017)

Date of the Judgment: 15 September 2017 Citation: (2017) INSC 794 Judges: Arun Mishra, J., Mohan M. Shantanagoudar, J. Can the government acquire a building or part of a building without acquiring the underlying land? The Supreme Court of India recently addressed this complex issue in a case involving the State of Maharashtra and Reliance

Supreme Court settles the scope of ‘land’ under the Land Acquisition Act: State of Maharashtra vs. Reliance Industries Ltd. (2017) INSC 794 (15 September 2017) Read Post »

Supreme Court Reduces Land Compensation: Manoj Kumar vs. State of Haryana (2017) INSC 744 (13 September 2017)

Date of the Judgment: 13 September 2017 Citation: (2017) INSC 744 Judges: Arun Mishra, J. and Mohan M. Shantanagoudar, J. Is it justifiable for a High Court to blindly follow a previous judgment when determining land compensation, or should each case be evaluated based on its own merits and evidence? The Supreme Court of India

Supreme Court Reduces Land Compensation: Manoj Kumar vs. State of Haryana (2017) INSC 744 (13 September 2017) Read Post »

Supreme Court Settles Land Possession Dispute: Rajnarayan Sharma vs. Sirnam Sharma (2017)

LEGAL ISSUE: Determination of rightful possession of land in a property dispute. CASE TYPE: Civil Property Dispute Case Name: Rajnarayan Sharma vs. Sirnam Sharma and Others Judgment Date: 12 September 2017 Date of the Judgment: 12 September 2017 Citation: (2017) INSC 756 Judges: Arun Mishra, J. and Mohan M. Shantanagoudar, J. Can mere entries in

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