Navin Sinha

Supreme Court Disposes of Appeal Regarding Gram Panchayat Member Disqualification: Sau. Sharda Suresh Ingole vs. Additional Commissioner, Amravati Division & Ors. (28 March 2018)

/ Election Process, Gram Panchayat, Judges, Kurian Joseph, Local Governance, Member Disqualification, Mohan M. Shantanagoudar, Navin Sinha

Supreme Court Disposes of Appeal Regarding Gram Panchayat Member Disqualification: Sau. Sharda Suresh Ingole vs. Additional Commissioner, Amravati Division & Ors. (28 March 2018) Date of the Judgment: 28 March 2018 Citation: Civil Appeal No(s). 3351 of 2018 [@ Special Leave Petition (C) No. 33695 of 2016] Judges: Kurian Joseph, J., Mohan M. Shantanagoudar, J., […]

Supreme Court Disposes of Appeal Regarding Gram Panchayat Member Disqualification: Sau. Sharda Suresh Ingole vs. Additional Commissioner, Amravati Division & Ors. (28 March 2018) Read Post »

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018)

/ Adarsh Kumar Goel, Basic Structure of the Constitution, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Constitution of India, Constitution of India with Article 226, Constitution of India with Article 227, Interlocutory Orders, Judges, Navin Sinha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 19, R.F. Nariman, Stay of Proceedings

Supreme Court Clarifies Powers of High Courts in Corruption Cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. CBI (2018) Date of the Judgment: 28 March 2018 Citation: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (2018) INSC 220 Judges: Adarsh Kumar Goel, J., Navin Sinha, J., R.F. Nariman, J. (Concurring)

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018) Read Post »

Supreme Court Disposes of Punjab National Bank Appeal Based on Settlement: Satinder Kapur & Anr. (27 March 2018)

/ Civil Appeal, Civil Law, Deed of Settlement, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha, Settlement

Supreme Court Disposes of Punjab National Bank Appeal Based on Settlement: Satinder Kapur & Anr. (2018) LEGAL ISSUE: Whether a settlement between parties can dispose of a pending appeal before the Supreme Court. CASE TYPE: Civil Appeal Case Name: Punjab National Bank vs. Satinder Kapur & Anr. Judgment Date: 27 March 2018 Date of the

Supreme Court Disposes of Punjab National Bank Appeal Based on Settlement: Satinder Kapur & Anr. (27 March 2018) Read Post »

Supreme Court Orders Appointment of Long-Serving Teacher: Gagan Ch. Kalita vs. State of Assam (27 March 2018)

/ Appointment of Teachers, Honorarium Basis Employment, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha, Regularization of Service, Service Law

Supreme Court Orders Appointment of Long-Serving Teacher: Gagan Ch. Kalita vs. State of Assam (2018) LEGAL ISSUE: Whether a long-serving teacher working on an honorarium basis should be given preference for a regular appointment when a vacancy arises. CASE TYPE: Service Law. Case Name: Gagan Ch. Kalita vs. The State of Assam & Ors. Judgment

Supreme Court Orders Appointment of Long-Serving Teacher: Gagan Ch. Kalita vs. State of Assam (27 March 2018) Read Post »

Supreme Court Sets Aside Erroneous Bail Order in NDPS Case: Satpal Singh vs. State of Punjab (27 March 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 439, Commercial Quantity, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 37, Navin Sinha

Supreme Court Sets Aside Erroneous Bail Order in NDPS Case: Satpal Singh vs. State of Punjab (2018) LEGAL ISSUE: Whether the High Court can grant anticipatory bail in cases involving commercial quantities of narcotics without considering Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. CASE TYPE: Criminal Law (Narcotics) Case Name: Satpal

Supreme Court Sets Aside Erroneous Bail Order in NDPS Case: Satpal Singh vs. State of Punjab (27 March 2018) Read Post »

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 36, Enforcement of Arbitral Awards, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to pending arbitral and court proceedings. CASE TYPE: Arbitration Law Case Name: Board of Control for Cricket in India vs. Kochi Cricket Pvt. Ltd. and Others

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 Read Post »

Supreme Court Sets Aside Retrospective Promotion Order in BSF: Union of India vs. Chaman Rana (2018)

/ Annual Confidential Report (ACR), Arun Mishra, Judges, Navin Sinha, Promotion, Retrospective Promotion, Service Law

Supreme Court Sets Aside Retrospective Promotion Order in BSF: Union of India vs. Chaman Rana (2018) LEGAL ISSUE: Whether belated claims for retrospective promotion based on non-communication of ‘good’ ACR entries are maintainable. CASE TYPE: Service Law Case Name: Union of India & Others vs. Chaman Rana Judgment Date: 12 March 2018 Date of the

Supreme Court Sets Aside Retrospective Promotion Order in BSF: Union of India vs. Chaman Rana (2018) Read Post »

Supreme Court Upholds Expansion of Hazira Port Limits: Essar Bulk Terminal Ltd. vs. State of Gujarat (2018)

/ Competitive Bidding, Gujarat Infrastructure Development Act, 1999, Gujarat Maritime Board Act, 1981, Gujarat Maritime Board Act, 1981 with Section 35, Indian Ports Act, 1908, Indian Ports Act, 1908 with Section 4, Indian Ports Act, 1908 with Section 5, Judges, Navin Sinha, R.F. Nariman

Supreme Court Upholds Expansion of Hazira Port Limits: Essar Bulk Terminal Ltd. vs. State of Gujarat (2018) LEGAL ISSUE: Whether the State Government can alter port limits under Section 5 of the Indian Ports Act, 1908, and if such alteration was done in public interest. CASE TYPE: Port and Infrastructure Law Case Name: Essar Bulk

Supreme Court Upholds Expansion of Hazira Port Limits: Essar Bulk Terminal Ltd. vs. State of Gujarat (2018) Read Post »

Supreme Court settles definition of “fuel” in Power Purchase Agreement: Natural Gas Only, excludes RLNG (16 February 2018)

/ Contract Law, Contract Law with Power Purchase Agreement, Energy Law, Energy Law with Petroleum and Natural Gas Regulatory Board Act, 2006, Fuel Regulations, Intention of Parties, Interpretation of Contracts, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies “Fuel” in Power Purchase Agreement: Natural Gas vs. RLNG LEGAL ISSUE: Interpretation of the term “fuel” in a Power Purchase Agreement (PPA) to determine if it includes Regasified Liquefied Natural Gas (RLNG). CASE TYPE: Contract Law, Energy Law. Case Name: Transmission Corporation of Andhra Pradesh Ltd. and Others vs. M/s. GMR Vemagiri

Supreme Court settles definition of “fuel” in Power Purchase Agreement: Natural Gas Only, excludes RLNG (16 February 2018) Read Post »

Supreme Court Upholds Section 21A of Banking Regulation Act, but Carves Out Exception for State Debt Relief Acts in Agricultural Indebtedness Cases (2018)

/ Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 21A, Constitutional Law, Constitutional Law with Article 246, Judges, Legislative Powers, Navin Sinha, R.F. Nariman

Supreme Court Upholds Section 21A of Banking Regulation Act, but Carves Out Exception for State Debt Relief Acts in Agricultural Indebtedness Cases (2018) LEGAL ISSUE: The constitutional validity of Section 21A of the Banking Regulation Act, 1949, which restricts courts from reviewing interest rates charged by banks. CASE TYPE: Constitutional Law, Banking Law, Debt Relief

Supreme Court Upholds Section 21A of Banking Regulation Act, but Carves Out Exception for State Debt Relief Acts in Agricultural Indebtedness Cases (2018) Read Post »

Supreme Court Clarifies “Brand Name” Definition in Excise Duty Exemption for Jute Bags: RDB Textiles Ltd. vs. Commissioner of Central Excise (2018)

/ Brand Name, Central Excise Act, 1944, Central Excise Act, 1944 with Section 5A, Excise Duty Exemption, Judges, Jute Bags, Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987, Navin Sinha, Public Distribution System, R.F. Nariman

Supreme Court Clarifies “Brand Name” Definition in Excise Duty Exemption for Jute Bags: RDB Textiles Ltd. vs. Commissioner of Central Excise (2018) LEGAL ISSUE: Whether affixing the name, logo, and particulars of buyers on jute bags constitutes a “brand name” under the Central Excise Act, 1944, thereby disqualifying them from excise duty exemption. CASE TYPE:

Supreme Court Clarifies “Brand Name” Definition in Excise Duty Exemption for Jute Bags: RDB Textiles Ltd. vs. Commissioner of Central Excise (2018) Read Post »

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 50, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Foreign Awards, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies Appealability of Foreign Award Enforcement Under Arbitration Act and Commercial Courts Act LEGAL ISSUE: Whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. CASE TYPE: Arbitration

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018) Read Post »

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