Can a mortgagor’s waiver of rights under the Transfer of Property Act, 1882, invalidate a mortgage if not registered? The Supreme Court of India addressed this crucial question in a recent case concerning a loan dispute. The Court overturned the High Court’s decision, upholding the validity of the mortgage. This case highlights the importance of […]
Date of the Judgment: 24 October 2017 Citation: (2017) INSC 942 Judges: Ranjan Gogoi, J., Abhay Manohar Sapre, J., Navin Sinha, J. Can the delay in filing an appeal against a Recovery Officer’s order under the Recovery of Debts and Bankruptcy Act, 1993 be condoned by applying Section 5 of the Limitation Act, 1963? This
Date of the Judgment: October 24, 2017 Citation: (2017) INSC 834 Judges: Ranjan Gogoi, J., Navin Sinha, J. Can a document that includes a clause for repurchase of property be considered a mortgage, or is it simply a sale with an option to buy back? The Supreme Court of India recently addressed this complex question
LEGAL ISSUE: Establishing a fair and transparent process for designating Senior Advocates. CASE TYPE: Public Interest Litigation Case Name: Ms. Indira Jaising vs. Supreme Court of India Through Secretary General And Ors. Judgment Date: 12 October 2017 Date of the Judgment: 12 October 2017 Citation: (2017) INSC 837 Judges: Ranjan Gogoi, J., Rohinton Fali Nariman,
Can the process of designating Senior Advocates be made more objective and transparent? The Supreme Court of India addressed this critical question in Indira Jaising vs. Supreme Court of India, a landmark judgment that has reshaped the criteria and procedure for designating Senior Advocates. This case, decided on October 12, 2017, not only examined the
LEGAL ISSUE: Whether the Designated Authority under the Delhi Tax Compliance Achievement Scheme, 2013, had the power to issue show cause notices for reopening assessments. CASE TYPE: Tax Law Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia Contracts (India) Ltd. Judgment Date: 4 October 2017 Can a tax authority, specifically an
LEGAL ISSUE: Whether the Additional Commissioner, as the designated authority, had the power to issue a show cause notice under Clause 8 of the Delhi Tax Compliance Achievement Scheme, 2013. CASE TYPE: Tax Law, specifically concerning the Delhi Value Added Tax Act, 2004. Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia
LEGAL ISSUE: Whether revisional power under the Haryana General Sales Tax Act, 1973 can be exercised after its repeal. CASE TYPE: Tax Law Case Name: The State of Haryana and Others vs. Hindustan Construction Company Ltd. Judgment Date: 15 September 2017 Can a state government use old tax laws to review past tax assessments after
LEGAL ISSUE: Whether the High Court was correct in acquitting the accused of the offense punishable under Section 304 Part II of the Indian Penal Code, 1860, and whether the sentence should be enhanced. CASE TYPE: Criminal Case Name: State through Central Bureau of Investigation vs. Sanvlo Naik & Anr. Judgment Date: 7th September 2017
LEGAL ISSUE: Interpretation of mandatory sports broadcasting signal sharing under the Sports Act, 2007 and its interplay with cable television regulations. CASE TYPE: Broadcasting Rights/Sports Law Case Name: Union of India vs. Board of Control for Cricket in India & Ors. Judgment Date: 22 August 2017 Introduction Can cable operators re-transmit sports broadcasts shared with
The Supreme Court of India addressed a critical question regarding the reliability of evidence in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985. This case highlights the importance of independent witness testimony and the prosecution’s burden of proof. The bench comprised Justices L. Nageswara Rao and Navin Sinha, with the judgment authored by
Can sentences for multiple offences arising from a single transaction run concurrently? The Supreme Court of India addressed this question in a case involving a government employee convicted of misappropriation. The court clarified the application of Section 427(1) of the Code of Criminal Procedure (CrPC) regarding concurrent sentencing. This judgment provides clarity on how sentences
