Mukundakam Sharma

Surrogacy Regulations: Supreme Court addresses the need for legal framework in Baby Manji Yamada vs. Union of India (2008)

Introduction Date of the Judgment: September 29, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. In an era where reproductive technologies are rapidly evolving, the legal and ethical considerations surrounding surrogacy have become increasingly pertinent. The Supreme Court of India, in the case of Baby Manji Yamada vs. Union of India, addressed the […]

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From Murder to Culpable Homicide: Supreme Court Revisits Section 304, IPC in Bihari Rai vs. State of Bihar (2008)

Introduction Date of the Judgment: September 26, 2008 Citation: Criminal Appeal No. 1536 of 2008 (Arising out of S.L.P. (Crl.) No.862 of 2007) Judges: Dr. Arijit Pasayat, J. and Dr. Mukundakam Sharma, J. Can a conviction for murder be reduced to culpable homicide if the crime occurred during a sudden quarrel? The Supreme Court of

From Murder to Culpable Homicide: Supreme Court Revisits Section 304, IPC in Bihari Rai vs. State of Bihar (2008) Read Post »

Supreme Court settles the validity of Industrial Dispute reference after workers’ admission as contract labourers: Steel Authority of India Ltd. vs. State of West Bengal (2008)

Introduction Date of the Judgment: September 25, 2008 The Supreme Court of India addressed the question of whether an industrial dispute referred by the Government of West Bengal under Section 7-A of the Industrial Disputes Act, 1947, was valid, especially when the workers had previously acknowledged their status as contract laborers. The core issue revolves

Supreme Court settles the validity of Industrial Dispute reference after workers’ admission as contract labourers: Steel Authority of India Ltd. vs. State of West Bengal (2008) Read Post »

Supreme Court Upholds Acquittal in Dowry Death Case: State of A.P. vs. Guvva Satyanarayana (24 September 2008)

Introduction Date of the Judgment: 24 September 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Did the Andhra Pradesh High Court err in acquitting the accused in a dowry death case? The Supreme Court addressed this question in State of A.P. v. Guvva Satyanarayana. This case revolves around the death of a wife

Supreme Court Upholds Acquittal in Dowry Death Case: State of A.P. vs. Guvva Satyanarayana (24 September 2008) Read Post »

Supreme Court sets aside conviction under NDPS Act due to lack of legal representation: Man Singh & Anr. vs. State of M.P. (24 September 2008)

Introduction Date of the Judgment: 24 September 2008 Citation: Criminal Appeal No. 1516 of 2008 (Arising out of S.L.P. (Crl.) No. 5051 of 2007) Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. What happens when a lawyer appointed to defend an accused person doesn’t show up in court? The Supreme Court recently addressed this

Supreme Court sets aside conviction under NDPS Act due to lack of legal representation: Man Singh & Anr. vs. State of M.P. (24 September 2008) Read Post »

Supreme Court settles procedure for complaints alleging fraud: Ketankumar Babulal Patel vs. Kesarben Jesangji (23 September 2008)

Introduction Date of the Judgment: 23 September 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. When a complaint alleging fraud and other related offences is filed, what procedure should a Magistrate follow? The Supreme Court of India addressed this question in the case of Ketankumar Babulal Patel vs. Kesarben Jesangji. The core issue

Supreme Court settles procedure for complaints alleging fraud: Ketankumar Babulal Patel vs. Kesarben Jesangji (23 September 2008) Read Post »

Supreme Court Clarifies Maintainability of Letters Patent Appeal in Cases Involving Article 226 and 227 of the Constitution: Shahu Shikshan Prasarak Mandal vs. Lata P. Kore (2008)

Introduction Date of the Judgment: September 23, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. When can a higher court hear an appeal against a lower court’s decision if the original case involved multiple parts of the Indian Constitution? The Supreme Court of India addressed this important question in the case of Shahu

Supreme Court Clarifies Maintainability of Letters Patent Appeal in Cases Involving Article 226 and 227 of the Constitution: Shahu Shikshan Prasarak Mandal vs. Lata P. Kore (2008) Read Post »

Supreme Court reduces rape conviction to outraging modesty due to lack of specific evidence: Premiya @ Prem Prakash vs. State of Rajasthan (22 September 2008)

Introduction Date of the Judgment: 22 September 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Dr. Arijit Pasayat and Dr. Mukundakam Sharma Can a conviction for rape be altered if the evidence suggests a different, less severe offense? The Supreme Court of India addressed this question in

Supreme Court reduces rape conviction to outraging modesty due to lack of specific evidence: Premiya @ Prem Prakash vs. State of Rajasthan (22 September 2008) Read Post »

Supreme Court Upholds Conviction in Atrocity Case: Daulatram vs. State of Chhattisgarh (2008)

Introduction Date of the Judgment: September 19, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Does familial relation to a victim automatically discredit a witness’s testimony? The Supreme Court of India addressed this critical question in the case of Daulatram S/o Sadram Teli v. State of Chhattisgarh, concerning a conviction under Section 302

Supreme Court Upholds Conviction in Atrocity Case: Daulatram vs. State of Chhattisgarh (2008) Read Post »

Supreme Court clarifies promotion rules for IPS officers post-1997 Amendment: Union of India vs. K.H. Srinivasan (2008)

Introduction Date of the Judgment: September 19, 2008 Judges: Dr. Arijit Pasayat, J. and Dr. Mukundakam Sharma, J. Does amending promotion regulations retroactively affect the selection process for the Indian Police Service (IPS)? The Supreme Court in Union of India v. K.H. Srinivasan examined the impact of the 1997 Amendment to the Indian Police Service

Supreme Court clarifies promotion rules for IPS officers post-1997 Amendment: Union of India vs. K.H. Srinivasan (2008) Read Post »

Supreme Court clarifies interest on delayed excise refunds: Union of India vs. Shreeji Colour Chem Industries (2008)

Introduction Date of the Judgment: September 15, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. When does the government have to pay interest on delayed refunds of excise duties? The Supreme Court of India addressed this question in a case involving Shreeji Colour Chem Industries. The core issue was whether the company was

Supreme Court clarifies interest on delayed excise refunds: Union of India vs. Shreeji Colour Chem Industries (2008) Read Post »

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