Judges

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022)

/ B.R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Judges, Pamidighantam Sri Narasimha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022) LEGAL ISSUE: Whether a person should be discharged from a case of possessing assets disproportionate to their known income if there are glaring errors in the calculation of income and expenditure by the prosecution. CASE TYPE: Criminal […]

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022) Read Post »

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022)

/ B.R. Gavai, C.T. Ravikumar, Code of Civil Procedure, 1908, Easementary Rights, Judges, Property Law, Property Rights, Res Judicata, Res Judicata, Code of Civil Procedure, 1908

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022) Date of the Judgment: September 14, 2022 Citation: Not Available Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a previous court ruling on a related issue prevent a later court from deciding on a different but connected issue?

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022) Read Post »

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022)

/ B.R. Gavai, Central Administrative Tribunal, Central Administrative Tribunal with orders of 26th May 2008, Central Administrative Tribunal with orders of 7th July 2010, Judges, Pamidighantam Sri Narasimha, Pension, Service Law, Service Law with Research and Analysis Wing (Recruitment, Cadre and Service) Rules, 1975, Terminal Benefits

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022) LEGAL ISSUE: Whether the merger of two cadres should impact the terminal benefits and pension of employees. CASE TYPE: Service Law Case Name: R.D. Kaushal and Ors. vs. Union of India and Ors.

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022) Read Post »

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022)

/ BCCI Constitution with Clause 45, BCCI Constitution with Clause 6(4), BCCI Constitution with Clause 6(5), Board of Control for Cricket in India, Constitutional Law, Cooling-Off Period, Cricket Administration, Dhananjaya Y Chandrachud, Disqualification Criteria, Hima Kohli, Judges, Sports Law

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022) LEGAL ISSUE: Modification of cooling-off periods and disqualification criteria for office bearers of the Board of Control for Cricket in India (BCCI) and state cricket associations. CASE TYPE: Sports Law, Constitutional Law Case Name: The Board of Control for Cricket in India v. Cricket

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022) Read Post »

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 243ZA(1), Constitutional Law with Article 324, Corrupt Practices, Election Law, Election Law with Section 123(2) of Representation of the People Act, 1951, Indira Banerjee, Judges, Uday Umesh Lalit

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections LEGAL ISSUE: Whether non-disclosure of assets by a candidate in municipal elections constitutes a corrupt practice leading to disqualification. CASE TYPE: Election Law Case Name: S. Rukmini Madegowda vs. The State Election Commission & Ors. Judgment Date: 14 September 2022 Date of the Judgment:

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022) Read Post »

Supreme Court Upholds SEBI’s Right to Withhold Confidential Documents in Inquiry: Kavi Arora vs. SEBI (2022)

/ A. S. Bopanna, Indira Banerjee, Judges, Natural Justice, Regulatory Adjudication, Right to be Heard, SEBI Act, 1992, Securities Contract (Regulation) Act, 1956, Securities Law

Supreme Court Upholds SEBI’s Right to Withhold Confidential Documents in Inquiry: Kavi Arora vs. SEBI (2022) LEGAL ISSUE: Whether the Securities and Exchange Board of India (SEBI) is obligated to disclose all documents relied upon in a show cause notice, including those considered confidential, to the noticee during an inquiry. CASE TYPE: Securities Law, Regulatory

Supreme Court Upholds SEBI’s Right to Withhold Confidential Documents in Inquiry: Kavi Arora vs. SEBI (2022) Read Post »

Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996 with Section 9, Arbitration Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXXVIII Rule 5, Indira Banerjee, Interim Relief, Judges

Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022) LEGAL ISSUE: Whether a court, while granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, is strictly bound by the procedural requirements of the Code of Civil Procedure, 1908 (CPC), particularly Order XXXVIII Rule 5. CASE TYPE: Arbitration

Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022) Read Post »

Supreme Court Upholds Employee Allocation to Telangana in State Reorganization Dispute: B. Subba Rayudu Case (2022)

/ Andhra Pradesh Reorganisation Act, 2014, Constitutional Law, Constitutional Law with Article 136, Employee Allocation, Indira Banerjee, Judges, Service Law, Service Law with Section 77(2), V. Ramasubramanian

Supreme Court Upholds Telangana Employee Allocation: B. Subba Rayudu Case (2022) LEGAL ISSUE: Employee allocation upon state reorganization. CASE TYPE: Service Law Case Name: The State of Telangana & Anr. vs. B. Subba Rayudu and Others Judgment Date: 14 September 2022 Date of the Judgment: 14 September 2022 Citation: [2022] INSC 791 Judges: Indira Banerjee

Supreme Court Upholds Employee Allocation to Telangana in State Reorganization Dispute: B. Subba Rayudu Case (2022) Read Post »

Supreme Court Upholds Statutory Cancellation of Leases for Agricultural Land Belonging to Religious Institutions: Gulf Oil Corporation Ltd. vs. State of Telangana (2022)

/ Endowment Law, Hemant Gupta, Inam Land, Judges, Lease of Endowment Land, The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987, The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 with Section 75, The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 with Section 82, Vikram Nath

Supreme Court Upholds Statutory Cancellation of Leases for Agricultural Land Belonging to Religious Institutions: Gulf Oil Corporation Ltd. vs. State of Telangana (2022) LEGAL ISSUE: Whether leases of agricultural land belonging to religious institutions are statutorily canceled under Section 82 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987. CASE TYPE: Endowment

Supreme Court Upholds Statutory Cancellation of Leases for Agricultural Land Belonging to Religious Institutions: Gulf Oil Corporation Ltd. vs. State of Telangana (2022) Read Post »

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 54, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 12, Specific Relief Act, 1963 with Section 13, V. Ramasubramanian

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Date of the Judgment: September 13, 2022 Citation: 2022 INSC 778 Judges: Indira Banerjee, J. and V. Ramasubramanian, J. Can a court compel specific performance of a sale agreement when the agreement’s execution depends on a third party’s actions?

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Read Post »

Supreme Court Upholds Seniority of Judicial Officer: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. (2022)

/ Judges, M.M. Sundresh, Promotion, Retrospective Application of Rules, Sanjay Kishan Kaul, Seniority, Service Law, West Bengal Judicial (Conditions of Service) Rules, 2004, West Bengal Judicial (Conditions of Service) Rules, 2004

Supreme Court Upholds Seniority of Judicial Officer: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. (2022) LEGAL ISSUE: Determining the correct seniority of a judicial officer promoted to the West Bengal Higher Judicial Service. CASE TYPE: Service Law. Case Name: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. [Judgment Date]: September 13, 2022

Supreme Court Upholds Seniority of Judicial Officer: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. (2022) Read Post »

Supreme Court Upholds Murder Conviction in Patricide Case: Chherturam vs. State of Chhattisgarh (2022)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 86, Judges, Offences Against Human Body, Pamidighantam Sri Narasimha, Sanjay Kishan Kaul

Supreme Court Upholds Murder Conviction in Patricide Case: Chherturam vs. State of Chhattisgarh (2022) LEGAL ISSUE: Whether the crime of patricide committed during a sudden fight under the influence of alcohol falls under the exception of culpable homicide not amounting to murder. CASE TYPE: Criminal Law. Case Name: Chherturam @ Chainu vs. State of Chhattisgarh.

Supreme Court Upholds Murder Conviction in Patricide Case: Chherturam vs. State of Chhattisgarh (2022) Read Post »

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