Judges

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022)

/ Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 13A, Payment of Gratuity Act, 1972 with Section 2(e), Sanjiv Khanna

Supreme Court Upholds Retrospective Gratuity for Teachers in Private Schools LEGAL ISSUE: Whether the retrospective amendment to the Payment of Gratuity Act, 1972, extending gratuity benefits to teachers in private educational institutions, is constitutionally valid. CASE TYPE: Labour Law/Service Law Case Name: Independent Schools’ Federation of India (Regd.) vs. Union of India and Another [Judgment […]

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022) Read Post »

Supreme Court Upholds Cut-off Date for Revised Pension: State of Tripura vs. Anjana Bhattacharjee (24 August 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 309, Fundamental Rights, Judges, M.R. Shah, Pension, Service Law, Service Law with Cut-off Date

Supreme Court Upholds Cut-off Date for Revised Pension: State of Tripura vs. Anjana Bhattacharjee (2022) Date of the Judgment: 24 August 2022 Citation: Civil Appeal No. 5114 of 2022 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a state government set a cut-off date for the implementation of revised pension benefits, or must all

Supreme Court Upholds Cut-off Date for Revised Pension: State of Tripura vs. Anjana Bhattacharjee (24 August 2022) Read Post »

Supreme Court quashes charges against Executive Engineer in Jharkhand corruption case: Pushpendra Kumar Sinha vs. State of Jharkhand (2022) INSC 717 (24 August 2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 239, Code of Criminal Procedure, 1973 with Section 401, Criminal Misconduct, Hima Kohli, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 409, J.K. Maheshwari, Judges, N.V. Ramana, Offences Against Property, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13

Supreme Court quashes charges against Executive Engineer in Jharkhand corruption case: Pushpendra Kumar Sinha vs. State of Jharkhand (2022) INSC 717 (24 August 2022) Date of the Judgment: 24 August 2022 Citation: (2022) INSC 717 Judges: N.V. Ramana, CJI, J.K. Maheshwari, J., Hima Kohli, J. Can an individual be held culpable for actions taken in

Supreme Court quashes charges against Executive Engineer in Jharkhand corruption case: Pushpendra Kumar Sinha vs. State of Jharkhand (2022) INSC 717 (24 August 2022) Read Post »

Benami Transactions Act: Supreme Court Limits Retrospective Application of 2016 Amendment (23 August 2022)

/ Benami Transactions Act, Benami Transactions Act with Section 2(8), Benami Transactions Act with Section 24(1), Benami Transactions Act with Section 24(4)(b)(i), Constitutional Law, Constitutional Law with Article 20(1), Hima Kohli, Judges, Krishna Murari, N.V. Ramana

Supreme Court Declares Benami Act Amendment Prospective Date of the Judgment: 23 August 2022 Citation: [Not Available in Source] Judges: N.V. Ramana, CJI, Krishna Murari, J., Hima Kohli, J. Can a law that punishes benami transactions apply to those that occurred before the law was even in effect? The Supreme Court of India recently tackled

Benami Transactions Act: Supreme Court Limits Retrospective Application of 2016 Amendment (23 August 2022) Read Post »

Supreme Court settles liability of drawer in cheque bounce cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022)

/ A S Bopanna, Cheque Dishonour, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dhananjaya Y Chandrachud, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139

Supreme Court Settles Liability in Cheque Bounce Cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022) Date of the Judgment: August 16, 2022 Citation: 2022 INSC 710 Judges: Dr. Justice Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can a person avoid liability for a bounced cheque by claiming they didn’t fill in

Supreme Court settles liability of drawer in cheque bounce cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022) Read Post »

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Shambhu Kharwar vs. State of Uttar Pradesh (2022)

/ A.S. Bopanna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 482, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 375, Indian Penal Code, 1860 with Section 376, Judges, Offences Against Human Body

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Shambhu Kharwar vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a sexual relationship based on a promise to marry constitutes rape under Section 376 of the Indian Penal Code, 1860, if the promise was not false at its inception. CASE TYPE: Criminal Law Case Name:

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Shambhu Kharwar vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence: Khema @ Khem Chandra vs. State of Uttar Pradesh (2022)

/ B.R. Gavai, Evidence Act, 1872, Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Pamidighantam Sri Narasimha

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence: Khema @ Khem Chandra vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Evaluation of witness testimony and the evidentiary value of recoveries in a criminal trial. CASE TYPE: Criminal Law – Murder Case Name: Khema @ Khem Chandra vs. State of Uttar Pradesh Judgment

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence: Khema @ Khem Chandra vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Upholds State’s Discretion on Age Relaxation for Mukhya Sevika Post: State of Uttar Pradesh vs. Shanti Devi (2022)

/ A.S. Bopanna, Age Relaxation, Constitutional Law, Constitutional Law with Article 309, Dhananjaya Y Chandrachud, Judges, Service Law, Uttar Pradesh Child Development and Nutrition (Subordinate) Service Rules 1992, Uttar Pradesh Public Services (Relaxation of the Age limits for Recruitment) Rules 1992

Supreme Court Upholds State’s Discretion on Age Relaxation for Mukhya Sevika Post: State of Uttar Pradesh vs. Shanti Devi (2022) LEGAL ISSUE: Whether the State is obligated to grant age relaxation for the post of Mukhya Sevika to an Anganwadi worker who has crossed the upper age limit, based on the Uttar Pradesh Public Services

Supreme Court Upholds State’s Discretion on Age Relaxation for Mukhya Sevika Post: State of Uttar Pradesh vs. Shanti Devi (2022) Read Post »

Supreme Court Clarifies Deficiency of Service in Joint Fixed Deposit: Arun Bhatia vs. HDFC Bank (2022)

/ A.S. Bopanna, Consumer, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Deficiency of Service, Dhananjaya Y Chandrachud, Judges

Supreme Court Clarifies Deficiency of Service in Joint Fixed Deposit: Arun Bhatia vs. HDFC Bank (2022) LEGAL ISSUE: Whether a bank’s action of prematurely encashing a joint fixed deposit (FD) and crediting the proceeds to only one of the joint account holders constitutes a deficiency of service under the Consumer Protection Act, 1986. CASE TYPE:

Supreme Court Clarifies Deficiency of Service in Joint Fixed Deposit: Arun Bhatia vs. HDFC Bank (2022) Read Post »

Supreme Court Overturns Conviction in Dowry Death Case Due to Inconsistencies in Dying Declaration: Sultan vs State of UP (03 August 2022)

/ Bela M. Trivedi, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjiv Khanna

Supreme Court Overturns Conviction in Dowry Death Case Due to Inconsistencies in Dying Declaration | Sultan vs State of UP (2022) LEGAL ISSUE: Admissibility and evidentiary value of a dying declaration in a criminal trial. CASE TYPE: Criminal Appeal Case Name: Sultan vs. The State of U.P. Judgment Date: 03 August 2022 Introduction Date of

Supreme Court Overturns Conviction in Dowry Death Case Due to Inconsistencies in Dying Declaration: Sultan vs State of UP (03 August 2022) Read Post »

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022)

/ Compassionate Appointment, Compassionate Appointment Scheme, Financial Criteria, Financial Eligibility, Indira Banerjee, Judges, Service Law, Suppression of Facts, V. Ramasubramanian

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022) LEGAL ISSUE: Whether financial criteria can be a ground for rejecting a claim for compassionate appointment. CASE TYPE: Service Law Case Name: Central Bank of India vs. Nitin Judgment Date: 3 August 2022 Date of the Judgment: 3 August 2022

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022) Read Post »

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022)

/ Compassionate Appointment, Hrishikesh Roy, Judges, K.M. Joseph, Rule 5, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, Service Law, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974

Supreme Court on Compassionate Appointment: Suneel Kumar vs. State of U.P. (2022) LEGAL ISSUE: Interpretation of “suitable employment” in compassionate appointment rules. CASE TYPE: Service Law Case Name: Suneel Kumar vs. State of U.P. & Ors. Judgment Date: 02 August 2022 Introduction Date of the Judgment: 02 August 2022 Citation: Civil Appeal No. 5038 of

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022) Read Post »

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