Rajasthan Financial Corporation vs. Jain Bandhu Sneh Resorts: Supreme Court on Auction Sales LEGAL ISSUE: Whether a sale in auction can be set aside solely on the ground of price escalation. CASE TYPE: Civil, Contract Law, Auction Law Case Name: Rajasthan Financial Corporation vs. M/s Jain Bandhu Sneh Resorts Private Limited Judgment Date: 27 April […]
Supreme Court Clarifies Moratorium Impact on Corporate Debtor’s Arbitration Claims: New Delhi Municipal Council vs. Minosha India Limited (2022) INSC 423 LEGAL ISSUE: Whether a moratorium under the Insolvency and Bankruptcy Code (IBC) extends the limitation period for a corporate debtor to initiate arbitration proceedings. CASE TYPE: Arbitration, Insolvency Case Name: New Delhi Municipal Council
Supreme Court Denies Bail in Narcotics Smuggling Case: Ramjhan Gani Palani vs. National Investigating Agency (2022) LEGAL ISSUE: Whether bail should be granted to an accused charged with narcotics smuggling, based on the evidence presented. CASE TYPE: Criminal. Case Name: Ramjhan Gani Palani vs. National Investigating Agency and Anr. Judgment Date: 27 April 2022 Introduction
Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022) LEGAL ISSUE: Whether a promoter can be permitted to complete a housing project under the Insolvency and Bankruptcy Code (IBC) instead of continuing the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Anand Murti
Supreme Court Clarifies Stamp Duty on Assignment Deeds with Power of Attorney Date of the Judgment: 26 April 2022 Citation: Civil Appeal No. 3070 of 2022 (@ Special Leave Petition (Civil) No. 34723 of 2016) Judges: Hemant Gupta, J., V. Ramasubramanian, J. Can a single document, an assignment agreement, be subjected to stamp duty twice,
Supreme Court Upholds Customary Law on Inheritance: Kaithuami vs. Ralliani (2022) Date of the Judgment: 26 April 2022 Citation: (2022) INSC 438 Judges: L. Nageswara Rao, J., B.R. Gavai, J. Can customary laws override general inheritance principles? The Supreme Court of India recently addressed this question in a case concerning the Mizo Customary Law of
Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) LEGAL ISSUE: Whether a summoning order and notice for an offence under Section 138 of the Negotiable Instruments Act, 1881 can be quashed based on factual defenses at a pre-trial stage. CASE TYPE: Criminal (Cheque Dishonour) Case Name: Rathish Babu Unnikrishnan
Supreme Court Upholds Specific Performance of Agreement to Sell, Orders Additional Payment: Satnam Singh vs. Satnam Singh (2022) LEGAL ISSUE: Whether a decree for specific performance of an agreement to sell should be upheld, and what considerations should be made regarding the payment of the sale consideration when there is a significant time lapse between
Supreme Court Upholds Gangsters Act Application in Single Offence Case: Shraddha Gupta vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a single FIR/charge sheet for an anti-social activity is sufficient to prosecute an individual under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. CASE TYPE: Criminal Law Case Name: Shraddha Gupta vs.
Supreme Court Allows Redevelopment of Building Near Refinery: Satwaratna Co-op Housing Society Ltd. vs. Bharat Petroleum Corporation Ltd. (2022) LEGAL ISSUE: Whether a building’s redevelopment can be denied due to its proximity to a refinery, despite no specific law prohibiting such construction. CASE TYPE: Civil. Case Name: Satwaratna Co-op Housing Society Ltd. & Anr. vs.
Supreme Court Upholds Right to Compensation for Land Used in Road Construction: Kalyani vs. Sulthan Bathery Municipality (2022) LEGAL ISSUE: Whether a landowner is entitled to compensation when their land is used for public road construction without formal acquisition. CASE TYPE: Civil Law, Property Rights. Case Name: Kalyani (Dead) Through Lrs. & Ors. vs. The
Supreme Court Clarifies Reservation Benefits Post-State Reorganization in Akhilesh Prasad vs. Jharkhand Public Service Commission LEGAL ISSUE: Whether employees of a bifurcated state are entitled to reservation benefits in the newly formed state for promotions through limited departmental examinations. CASE TYPE: Service Law Case Name: Akhilesh Prasad vs. Jharkhand Public Service Commission and Ors. Judgment
