Judges

Supreme Court Upholds Cooperative Society’s Right to Redevelop Property: Bengal Secretariat Cooperative Land Mortgage Bank vs. Sri Aloke Kumar (2022)

/ J.B. Pardiwala, Judges, S. Ravindra Bhat, Uday Umesh Lalit, West Bengal Co-operative Societies Act, 2006, West Bengal Co-operative Societies Act, 2006 with Section 28, West Bengal Co-operative Societies Rules, 2011, West Bengal Co-operative Societies Rules, 2011 with Rule 21

Supreme Court Upholds Cooperative Society’s Right to Redevelop Property: Bengal Secretariat Cooperative Land Mortgage Bank vs. Sri Aloke Kumar (2022) Date of the Judgment: October 13, 2022 Citation: (2022) INSC 1234 Judges: Uday Umesh Lalit, CJI, S. Ravindra Bhat, J., J.B. Pardiwala, J. Can a single member of a cooperative society stall a redevelopment project […]

Supreme Court Upholds Cooperative Society’s Right to Redevelop Property: Bengal Secretariat Cooperative Land Mortgage Bank vs. Sri Aloke Kumar (2022) Read Post »

Pre-Existing Dispute Under IBC: Supreme Court Rules in Favor of Corporate Debtor in Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022)

/ Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, K.M. Joseph, Pre-Existing Dispute, Sale of Goods Act, 1930, Sale of Goods Act, 1930 with Section 13, Sale of Goods Act, 1930 with Section 59

Supreme Court on Pre-Existing Dispute under IBC: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) LEGAL ISSUE: Whether a ‘pre-existing dispute’ existed to reject an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency and Bankruptcy Law Case Name: Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. &

Pre-Existing Dispute Under IBC: Supreme Court Rules in Favor of Corporate Debtor in Rajratan Babulal Agarwal vs. Solartex India Pvt. Ltd. (2022) Read Post »

Supreme Court overturns murder conviction due to weak circumstantial evidence: Subramanya vs. State of Karnataka (2022) INSC 487

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Evidence Act, 1872 with Section 8, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Offences Against Human Body, Uday Umesh Lalit

Supreme Court overturns murder conviction due to weak circumstantial evidence: Subramanya vs. State of Karnataka (2022) INSC 487 LEGAL ISSUE: Whether a murder conviction can be sustained based on weak circumstantial evidence and an extra-judicial confession. CASE TYPE: Criminal Law Case Name: Subramanya vs. State of Karnataka Judgment Date: 13 October 2022 Date of the

Supreme Court overturns murder conviction due to weak circumstantial evidence: Subramanya vs. State of Karnataka (2022) INSC 487 Read Post »

Hijab Ban in Karnataka Schools: Supreme Court Split on Religious Freedom and Education (13 October 2022)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 25, Fundamental Rights, Hemant Gupta, Judges, Karnataka Education Act, 1983, Karnataka Education Act, 1983 with Section 143, Karnataka Education Act, 1983 with Section 39(1)(b), Karnataka Education Act, 1983 with Section 7(2), Sudhanshu Dhulia

Date of the Judgment: 13 October 2022 Citation: Aishat Shifa v. The State of Karnataka & Ors. (2022) INSC 900 Judges: Hemant Gupta, J. and Sudhanshu Dhulia, J. (Divergent Opinion) Can a state government enforce a uniform in schools that effectively bans religious attire like the hijab? The Supreme Court of India grappled with this

Hijab Ban in Karnataka Schools: Supreme Court Split on Religious Freedom and Education (13 October 2022) Read Post »

Supreme Court Upholds Further Investigation in Misappropriation Case: Devendra Nath Singh vs. State of Bihar (2022)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173(8), Code of Criminal Procedure, 1973 with Section 482, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 409, Indian Penal Code, 1860 with Section 420, Investigation, Judges, Offences Related to Documents

Supreme Court Upholds Further Investigation in Misappropriation Case: Devendra Nath Singh vs. State of Bihar (2022) LEGAL ISSUE: Whether a High Court can direct a Magistrate to order further investigation under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), and whether such an order can be passed without hearing the affected party. CASE

Supreme Court Upholds Further Investigation in Misappropriation Case: Devendra Nath Singh vs. State of Bihar (2022) Read Post »

Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022)

/ Bela M. Trivedi, Breach of contract, Contract Law, Judges, Sanjiv Khanna, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16, Specific Relief Act, 1963 with Section 20

Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022) LEGAL ISSUE: Whether a suit for specific performance of a contract for the sale of immovable property can be decreed when there has been a delay in filing the suit, and whether the plaintiff has sufficiently demonstrated readiness and willingness

Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022) Read Post »

Supreme Court clarifies deductibility of employee contributions under Income Tax Act: Checkmate Services P. Ltd. vs. Commissioner of Income Tax-1 (2022)

/ Income Tax Act, 1961, Income Tax Act, 1961 with Section 2(24)(x), Income Tax Act, 1961 with Section 36(1)(va), Income Tax Act, 1961 with Section 43B, Judges, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court Clarifies Deductibility of Employee Contributions Under Income Tax Act LEGAL ISSUE: Interpretation of Section 36(1)(va) and Section 43B of the Income Tax Act, 1961 regarding the deductibility of employee contributions to provident funds and other welfare funds. CASE TYPE: Income Tax Case Name: Checkmate Services P. Ltd. vs. Commissioner of Income Tax-1 Judgment

Supreme Court clarifies deductibility of employee contributions under Income Tax Act: Checkmate Services P. Ltd. vs. Commissioner of Income Tax-1 (2022) Read Post »

Supreme Court Upholds Counterclaim in Specific Performance Suit: Mahesh Govindji Trivedi vs. Bakul Maganlal Vyas (2022)

/ Aniruddha Bose, Bombay High Court (Original Side) Rules, Bombay High Court (Original Side) Rules with Rule 95, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 6-A, Dinesh Maheshwari, Judges

Supreme Court Upholds Counterclaim in Specific Performance Suit: Mahesh Govindji Trivedi vs. Bakul Maganlal Vyas (2022) LEGAL ISSUE: Whether a counterclaim can be allowed after a long delay from the filing of the written statement in a specific performance suit. CASE TYPE: Civil (Specific Performance) Case Name: Mahesh Govindji Trivedi vs. Bakul Maganlal Vyas &

Supreme Court Upholds Counterclaim in Specific Performance Suit: Mahesh Govindji Trivedi vs. Bakul Maganlal Vyas (2022) Read Post »

Supreme Court Clarifies Land Acquisition Compensation Under 2013 Act: Bharat Petroleum vs. Nisar Ahmed (2022)

/ General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Jammu & Kashmir State Land Acquisition Act, 1990, Judges, Krishna Murari, Land Acquisition Law, Land Acquisition Law with Section 24, M.R. Shah, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Supreme Court Clarifies Land Acquisition Compensation Under 2013 Act: Bharat Petroleum vs. Nisar Ahmed (2022) LEGAL ISSUE: Applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquisitions initiated under the Jammu & Kashmir State Land Acquisition Act, 1990. CASE TYPE: Land Acquisition Case Name: Bharat Petroleum

Supreme Court Clarifies Land Acquisition Compensation Under 2013 Act: Bharat Petroleum vs. Nisar Ahmed (2022) Read Post »

Supreme Court Enhances Compensation in Motor Accident Case: S. Vasanthi vs. Adhiparasakthi Engg. College (2022)

/ B.R. Gavai, C.T. Ravikumar, Compensation Calculation, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court Enhances Compensation in Motor Accident Case: S. Vasanthi vs. Adhiparasakthi Engg. College (2022) LEGAL ISSUE: Determination of notional income for a deceased student in a motor accident claim. CASE TYPE: Motor Vehicle Accident Compensation Case Name: S. Vasanthi & Anr. vs. M/s Adhiparasakthi Engg. College and Another [Judgment Date]: 11 October 2022 Date

Supreme Court Enhances Compensation in Motor Accident Case: S. Vasanthi vs. Adhiparasakthi Engg. College (2022) Read Post »

Supreme Court Upholds Land Acquisition for Industrial Development in Karnataka: M/S. M.S.P.L. Limited vs. The State of Karnataka (2022) INSC 903 (11 October 2022)

/ Hemant Gupta, Industrial Development, Judges, Karnataka Industrial Areas Development Act, 1966, Karnataka Industrial Areas Development Act, 1966 with Section 28, Karnataka Industrial Areas Development Act, 1966 with Section 3(1), Karnataka Industries (Facilitation) Act, 2002, Land Acquisition, Project Approval, Vikram Nath

Supreme Court Upholds Land Acquisition for Industrial Development in Karnataka Date of the Judgment: 11 October 2022 Citation: (2022) INSC 903 Judges: Hemant Gupta, J., Vikram Nath, J. Can the government acquire land for industrial development, even if it benefits a private company? The Supreme Court of India recently addressed this question in a case

Supreme Court Upholds Land Acquisition for Industrial Development in Karnataka: M/S. M.S.P.L. Limited vs. The State of Karnataka (2022) INSC 903 (11 October 2022) Read Post »

Supreme Court Upholds Seniority Based on Regularization Date in Nagaland Education Department: Imlikokla Longchar & Ors. vs. The State of Nagaland & Ors. (2022)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 309, Dinesh Maheshwari, Judges, Seniority, Service Law, Service Law with Service Rules

Seniority Dispute: Supreme Court Upholds High Court Decision in Nagaland Education Department Case Date of the Judgment: October 11, 2022 Citation: (2022) INSC 499 Judges: Dinesh Maheshwari, J., Aniruddha Bose, J. (authored the judgment) Can prior officiating service in a higher post be counted towards seniority over a person who was regularized earlier in that

Supreme Court Upholds Seniority Based on Regularization Date in Nagaland Education Department: Imlikokla Longchar & Ors. vs. The State of Nagaland & Ors. (2022) Read Post »

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