Navin Sinha Archives

Supreme Court Upholds State’s Power to Regulate Liquor Licenses: International Spirits and Wines Association of India vs. State of Haryana (2019)

February 12, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(6), Delegation of Powers, Judges, K.M. Joseph, Navin Sinha, Punjab Excise Act, 1914, Punjab Excise Act, 1914 with Section 58, Punjab Excise Act, 1914 with Section 59, Ranjan Gogoi

Supreme Court Upholds State’s Power to Regulate Liquor Licenses: International Spirits and Wines Association of India vs. State of Haryana (2019) LEGAL ISSUE: Whether the Financial Commissioner of Haryana has the power to issue a single liquor license for the entire state, or if that power is exclusively reserved for the State Government. CASE TYPE: […]

Supreme Court Upholds State’s Power to Regulate Liquor Licenses: International Spirits and Wines Association of India vs. State of Haryana (2019) Read Post »

Supreme Court Denies Pay Parity to Junior Stenographers: Anjali Arora vs. Union of India (2019)

February 11, 2019 / Assured Career Progression (ACP), Equal Pay for Equal Work, Judges, National Institute Regulations, National Institute Regulations with Regulation 4(2), Navin Sinha, Pay Parity, R.F. Nariman, Service Law

Supreme Court Denies Pay Parity to Junior Stenographers: Anjali Arora vs. Union of India (2019) LEGAL ISSUE: Whether junior stenographers are entitled to pay parity with senior stenographers based on the principle of “equal pay for equal work” and Regulation 4(2) of the National Institute Regulations. CASE TYPE: Service Law – Writ Petition (Civil) Case

Supreme Court Denies Pay Parity to Junior Stenographers: Anjali Arora vs. Union of India (2019) Read Post »

Supreme Court Clarifies Vesting of Charnoi Land under Madhya Bharat Zamindari Abolition Act: Chattar Singh & Ors. vs. Madho Singh (D) & Ors. (06 February 2019)

February 6, 2019 / Arun Mishra, Judges, Khud-kasht Land, Madhya Bharat Zamindari Abolition Act, 1951, Madhya Bharat Zamindari Abolition Act, 1951 with Section 4, Madhya Bharat Zamindari Abolition Act, 1951 with Section 5(f), Navin Sinha

Supreme Court Clarifies Vesting of Charnoi Land under Madhya Bharat Zamindari Abolition Act LEGAL ISSUE: Whether ‘Charnoi’ land (common grazing land) vests in the State upon the abolition of intermediaries or is saved as a grove under Section 5(f) of the Madhya Bharat Abolition of Zamindari Act. CASE TYPE: Civil Law, Land Law, Zamindari Abolition.

Supreme Court Clarifies Vesting of Charnoi Land under Madhya Bharat Zamindari Abolition Act: Chattar Singh & Ors. vs. Madho Singh (D) & Ors. (06 February 2019) Read Post »

Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019)

January 31, 2019 / Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 24, Insolvency and Bankruptcy Code, 2016 with Section 31, Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019) Date of the Judgment: 31 January 2019 Citation: (2019) INSC 78 Judges: R.F. Nariman, J., Navin Sinha, J. Can former directors of a company undergoing insolvency proceedings access crucial resolution plans? The Supreme Court of India recently

Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019) Read Post »

Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree: Swaraj Infrastructure vs. Kotak Mahindra Bank (29 January 2019)

January 29, 2019 / Companies Act, 1956, Companies Act, 1956 with Section 434, Companies Act, 1956 with Section 439, Judges, Jurisdiction of DRT, Navin Sinha, Provincial Insolvency Act, 1920, Provincial Insolvency Act, 1920 with Section 47, R.F. Nariman, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 18, Winding Up

Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree LEGAL ISSUE: Whether a secured creditor can initiate a winding-up petition against a company after obtaining a decree and recovery certificate from the Debts Recovery Tribunal (DRT). CASE TYPE: Insolvency Law, Company Law Case Name: Swaraj Infrastructure Pvt. Ltd. vs. Kotak Mahindra

Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree: Swaraj Infrastructure vs. Kotak Mahindra Bank (29 January 2019) Read Post »

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019)

January 25, 2019 / Companies Act, 2013, Companies Act, 2013 with Section 412, Constitutional Law, Constitutional Law with Article 14, Corporate Insolvency Resolution Process, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 29A, Judges, Navin Sinha, R.F. Nariman

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 25 January 2019 Citation: (2019) ibclaw.in 03 SC Judges: Justice R.F. Nariman and Justice Navin Sinha Is the Insolvency and Bankruptcy Code, 2016 (IBC) a constitutionally valid law? The Supreme Court of India recently addressed this critical question in a

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019) Read Post »

Supreme Court allows import of restricted goods on payment of market value: Commissioner of Customs vs. M/S. Atul Automations Pvt. Ltd. (24 January 2019)

January 24, 2019 / Customs Act, 1962, Customs Act, 1962 with Section 125, Foreign Trade (Development and Regulation) Act, 1992, Foreign Trade (Development and Regulation) Act, 1992 with Section 11, Foreign Trade Policy, Import/Export Regulation, Judges, K.M. Joseph, Navin Sinha, Ranjan Gogoi

Supreme Court allows import of restricted goods on payment of market value: Commissioner of Customs vs. M/S. Atul Automations Pvt. Ltd. (2019) LEGAL ISSUE: Whether restricted goods imported without authorization can be released on payment of market value. CASE TYPE: Customs Law, Import/Export Regulation Case Name: Commissioner of Customs vs. M/S. Atul Automations Pvt. Ltd.

Supreme Court allows import of restricted goods on payment of market value: Commissioner of Customs vs. M/S. Atul Automations Pvt. Ltd. (24 January 2019) Read Post »

Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019)

January 23, 2019 / Contract Law, Contract Law with Clause 2.22, Contract Law with Clause 2.35, Judges, Navin Sinha, Rohinton F. Nariman, Tender Conditions

Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019) LEGAL ISSUE: Whether a deviation from the stipulated period of a bank guarantee in a tender document can be condoned. CASE TYPE: Government Contract Law. Case Name: Vidarbha Irrigation Development Corporation vs. M/S Anoj Kumar Garwala. [Judgment Date]: 23 January 2019 Date

Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019) Read Post »

Supreme Court clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (22 January 2019)

January 22, 2019 / Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 2013, Companies Act, 2013 with Section 434, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Navin Sinha, Rohinton F. Nariman, Winding-up

Supreme Court Clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (2019) LEGAL ISSUE: The interplay between winding-up petitions filed under the Companies Act and insolvency proceedings initiated under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Forech India Ltd. vs.

Supreme Court clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (22 January 2019) Read Post »

Supreme Court Expands “Course of Employment” in Compensation Case: Leela Bai vs. Seema Chouhan (2019)

January 22, 2019 / Arun Mishra, Course of Employment, Employee's Compensation Act, 1923, Employee's Compensation Act, 1923 with Section 3(1), Employee's Compensation Act, 1923 with Section 4, Judges, Navin Sinha

Supreme Court Expands “Course of Employment” in Compensation Case: Leela Bai vs. Seema Chouhan (2019) LEGAL ISSUE: Whether an employee’s accidental death while on the employer’s premises, but outside of direct work hours, can be considered as “arising out of and in the course of employment” under the Employee’s Compensation Act, 1923. CASE TYPE: Employee

Supreme Court Expands “Course of Employment” in Compensation Case: Leela Bai vs. Seema Chouhan (2019) Read Post »

Supreme Court quashes reversion order after 25 years, grants pensionary benefits: Sukh Bilash Thakur vs. Bihar State Electricity Board (2019)

January 9, 2019 / Administrative Law, Administrative Law with Fairness, Administrative Law with Reasonableness, Arun Mishra, Judges, Navin Sinha, Pensionary Benefits, Reversion, Service Law, Service Law with Principles of Natural Justice

Supreme Court quashes reversion order after 25 years, grants pensionary benefits: Sukh Bilash Thakur vs. Bihar State Electricity Board (2019) LEGAL ISSUE: Whether an employee can be reverted to a lower post after 25 years of service based on allegations of fraudulent appointment, especially when the initial appointment was made after due verification and competitive

Supreme Court quashes reversion order after 25 years, grants pensionary benefits: Sukh Bilash Thakur vs. Bihar State Electricity Board (2019) Read Post »

Supreme Court Restores Status Quo in Monsanto Patent Dispute: Monsanto Technology LLC vs. Nuziveedu Seeds Ltd. (2019)

January 8, 2019 / Judges, Navin Sinha, Patents Act, 1970, Patents Act, 1970 with Section 3(j), Patents Act, 1970 with Section 48, Patents Act, 1970 with Section 64, Protection of Plant Varieties and Farmers’ Rights Act, 2001, Rohinton Fali Nariman

Supreme Court Restores Status Quo in Monsanto Patent Dispute: Monsanto Technology LLC vs. Nuziveedu Seeds Ltd. (2019) LEGAL ISSUE: Patentability of a man-made DNA construct and its implications on plant varieties. CASE TYPE: Patent Law, Intellectual Property Rights Case Name: Monsanto Technology LLC vs. Nuziveedu Seeds Ltd. [Judgment Date]: January 08, 2019 Date of the

Supreme Court Restores Status Quo in Monsanto Patent Dispute: Monsanto Technology LLC vs. Nuziveedu Seeds Ltd. (2019) Read Post »