MR Shah

Supreme Court clarifies powers of Governor and Speaker in Maharashtra Political Crisis: Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors. (2023) INSC 441 (11 May 2023)

/ Constitutional Law, Constitutional Law with Article 179(c), Constitutional Law with Article 191(2), Dhananjaya Y Chandrachud, Election Law, Election Law with Disqualification of Members, Election Symbols Order 1968, Hima Kohli, Judges, Krishna Murari, MR Shah, Pamidighantam Sri Narasimha, Tenth Schedule

Supreme Court Clarifies Disqualification and Governor Powers in Maharashtra Political Crisis Date of the Judgment: 11 May 2023 Citation: (2023) INSC 441 Judges: Dr. Dhananjaya Y Chandrachud, CJI; MR Shah, J; Krishna Murari, J; Hima Kohli, J; Pamidighantam Sri Narasimha, J Can a Governor direct a floor test based on internal party disputes? The Supreme […]

Supreme Court clarifies powers of Governor and Speaker in Maharashtra Political Crisis: Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors. (2023) INSC 441 (11 May 2023) Read Post »

Supreme Court Clarifies Delhi Government’s Control Over Services: Government of NCT of Delhi vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 239AA, Dhananjaya Y Chandrachud, Fundamental Rights, Hima Kohli, Judges, Krishna Murari, MR Shah, Pamidighantam Sri Narasimha

Supreme Court Clarifies Delhi Government’s Control Over Services: Government of NCT of Delhi vs. Union of India (2023) LEGAL ISSUE: Scope of legislative and executive powers of the Government of National Capital Territory of Delhi (GNCTD) over “services.” CASE TYPE: Constitutional Law, Federalism Case Name: Government of NCT of Delhi vs. Union of India [Judgment

Supreme Court Clarifies Delhi Government’s Control Over Services: Government of NCT of Delhi vs. Union of India (2023) Read Post »

Supreme Court Upholds Restriction on GST Refund for Input Services: Union of India vs. VKC Footsteps India Pvt Ltd (2021)

/ CGST Act, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Goods and Services Tax, Goods and Services Tax with Rule 89, Goods and Services Tax with Section 54, Judges, MR Shah

Supreme Court Upholds Restriction on GST Refund for Input Services: Union of India vs. VKC Footsteps India Pvt Ltd (2021) LEGAL ISSUE: Whether the refund of unutilized Input Tax Credit (ITC) under the Goods and Services Tax (GST) regime includes credit on input services, or is restricted to input goods. CASE TYPE: Tax Law (Goods

Supreme Court Upholds Restriction on GST Refund for Input Services: Union of India vs. VKC Footsteps India Pvt Ltd (2021) Read Post »

Supreme Court Upholds Prospective Application of Retirement Age Increase for NOIDA Employees

/ Dhananjaya Y Chandrachud, Judges, Judicial Review, MR Shah, Policy Decisions, Retirement Age, Service Law, UP Industrial Area Development Act 1976, UP Industrial Area Development Act 1976 with Section 19, UP Industrial Area Development Act 1976 with Section 5

Supreme Court Upholds Prospective Application of Retirement Age Increase for NOIDA Employees LEGAL ISSUE: Whether the High Court can direct retrospective application of a policy decision regarding the age of superannuation of employees. CASE TYPE: Service Law Case Name: New Okhla Industrial Development Authority & Anr. vs. B D Singhal & Ors. Judgment Date: 15

Supreme Court Upholds Prospective Application of Retirement Age Increase for NOIDA Employees Read Post »

Supreme Court Orders Refund with Interest in Unitech Land Dispute: Unitech vs. TSIIC (2021)

/ Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Act, Contract Act with Section 74, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, MR Shah

Supreme Court Orders Refund with Interest in Unitech Land Dispute: Unitech vs. TSIIC (2021) LEGAL ISSUE: Whether a state entity is liable to refund payments with interest when a land development agreement fails due to lack of clear title. CASE TYPE: Contractual Dispute/Public Law Remedy Case Name: UNITECH Limited & Ors. vs. Telangana State Industrial

Supreme Court Orders Refund with Interest in Unitech Land Dispute: Unitech vs. TSIIC (2021) Read Post »

Supreme Court clarifies the applicability of Section 10A of the Insolvency and Bankruptcy Code in cases of default during COVID-19: Ramesh Kymal vs. Siemens Gamesa (9 February 2021)

/ Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 10A, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, MR Shah

Supreme Court clarifies Section 10A of IBC: Ramesh Kymal vs. Siemens Gamesa (2021) LEGAL ISSUE: Whether Section 10A of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to applications filed before the provision came into force, for defaults occurring after March 25, 2020. CASE TYPE: Insolvency Law Case Name: Ramesh Kymal vs. M/s Siemens Gamesa

Supreme Court clarifies the applicability of Section 10A of the Insolvency and Bankruptcy Code in cases of default during COVID-19: Ramesh Kymal vs. Siemens Gamesa (9 February 2021) Read Post »

Supreme Court Upholds Attempt to Murder Conviction: State of Madhya Pradesh vs. Kanha (2019)

/ Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 324, Judges, MR Shah, Offences Against Human Body

Supreme Court Upholds Attempt to Murder Conviction: State of Madhya Pradesh vs. Kanha (2019) Date of the Judgment: February 04, 2019 Citation: 2019 INSC 88 Judges: Dr Dhananjaya Y Chandrachud, J and MR Shah, J. This was a two-judge bench, with the judgment authored by Dr. Dhananjaya Y Chandrachud, J. Can a conviction for attempted

Supreme Court Upholds Attempt to Murder Conviction: State of Madhya Pradesh vs. Kanha (2019) Read Post »

Supreme Court clarifies insurance exclusion for demolition by lawful authority in consumer case (7 December 2018)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Exclusion Clauses, Insurance Law, Insurance Policy Interpretation, Jammu and Kashmir Municipal Corporation Act 2000, Jammu and Kashmir Municipal Corporation Act 2000 with Section 229, Judges, MR Shah

Supreme Court Clarifies Insurance Exclusion for Demolition by Lawful Authority in Consumer Case LEGAL ISSUE: Whether an insurance company is liable to pay for damages when the insured property is demolished by a lawfully constituted authority, given an exclusion clause in the insurance policy. CASE TYPE: Consumer Law, Insurance Law Case Name: New India Assurance

Supreme Court clarifies insurance exclusion for demolition by lawful authority in consumer case (7 December 2018) Read Post »

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