Judges

Supreme Court Stays Promotions of District Judges Based on Seniority-cum-Merit: Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat (2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 32, Judges, M.R. Shah, Promotion, Service Law, Service Law with Gujarat State Judicial Service Rules, 2005

Supreme Court Stays Promotions of District Judges Based on Seniority-cum-Merit: Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat (2023) LEGAL ISSUE: Whether promotions to the cadre of District Judge should be based on merit-cum-seniority or seniority-cum-merit. CASE TYPE: Service Law Case Name: Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of Gujarat and Ors. [Judgment […]

Supreme Court Stays Promotions of District Judges Based on Seniority-cum-Merit: Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat (2023) Read Post »

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 311, Disciplinary Proceedings, Fundamental Rights, Hima Kohli, Judges, Service Law, Service Law with CCS (CCA) Rules, 1965, Sexual Harassment at Workplace

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023) LEGAL ISSUE: Whether the inquiry conducted by the Complaints Committee adhered to principles of natural justice and the “as far as practicable” norm in a sexual harassment case, and whether the subsequent

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023) Read Post »

Supreme Court Reverses Bail in Money Laundering Case: Directorate of Enforcement vs. Aditya Tripathi (2023)

/ C.T. Ravikumar, Indian Penal Code, Indian Penal Code with Cheating, Judges, M.R. Shah, Money Laundering Investigation, Offences Against Property, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 45

Supreme Court Reverses Bail in Money Laundering Case: Directorate of Enforcement vs. Aditya Tripathi (2023) LEGAL ISSUE: Whether the High Court erred in granting bail without considering the stringent conditions under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), and the ongoing investigation by the Enforcement Directorate. CASE TYPE: Criminal – Prevention

Supreme Court Reverses Bail in Money Laundering Case: Directorate of Enforcement vs. Aditya Tripathi (2023) Read Post »

Supreme Court Stays Project-Wise Insolvency, Allows CIRP to Continue with Modifications: Indiabulls vs. Ram Kishore Arora (2023)

/ Corporate Insolvency Resolution Process, Dinesh Maheshwari, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Sanjay Kumar

Supreme Court Stays Project-Wise Insolvency, Allows CIRP to Continue with Modifications: Indiabulls vs. Ram Kishore Arora (2023) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) can order a project-wise Corporate Insolvency Resolution Process (CIRP) instead of a company-wide CIRP under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Indiabulls

Supreme Court Stays Project-Wise Insolvency, Allows CIRP to Continue with Modifications: Indiabulls vs. Ram Kishore Arora (2023) Read Post »

Supreme Court Upholds High Court’s Concern on Dereliction of Duty in Criminal Investigation: Sanjay Dubey vs. State of Madhya Pradesh (2023)

/ Ahsanuddin Amanullah, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Judges, Krishna Murari, Police Investigation

Supreme Court Upholds High Court’s Concern on Dereliction of Duty in Criminal Investigation: Sanjay Dubey vs. State of Madhya Pradesh (2023) LEGAL ISSUE: Whether a High Court can comment on lapses in investigation while hearing a bail application. CASE TYPE: Criminal Case Name: Sanjay Dubey vs. The State of Madhya Pradesh and Another Judgment Date:

Supreme Court Upholds High Court’s Concern on Dereliction of Duty in Criminal Investigation: Sanjay Dubey vs. State of Madhya Pradesh (2023) Read Post »

Supreme Court Upholds High Court’s Power to Address Lapses in Investigation During Bail Proceedings: Sanjay Dubey vs. State of Madhya Pradesh (2023)

/ Ahsanuddin Amanullah, Bail, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Judges, Krishna Murari

Supreme Court Upholds High Court’s Power to Address Lapses in Investigation During Bail Proceedings: Sanjay Dubey vs. State of Madhya Pradesh (2023) LEGAL ISSUE: Whether a High Court, while hearing a bail application, can take cognizance of lapses in the investigation process and issue directions for departmental inquiry. CASE TYPE: Criminal Case Name: Sanjay Dubey

Supreme Court Upholds High Court’s Power to Address Lapses in Investigation During Bail Proceedings: Sanjay Dubey vs. State of Madhya Pradesh (2023) Read Post »

Supreme Court clarifies powers of Governor and Speaker in Maharashtra Political Crisis: Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors. (2023) INSC 441 (11 May 2023)

/ Constitutional Law, Constitutional Law with Article 179(c), Constitutional Law with Article 191(2), Dhananjaya Y Chandrachud, Election Law, Election Law with Disqualification of Members, Election Symbols Order 1968, Hima Kohli, Judges, Krishna Murari, MR Shah, Pamidighantam Sri Narasimha, Tenth Schedule

Supreme Court Clarifies Disqualification and Governor Powers in Maharashtra Political Crisis Date of the Judgment: 11 May 2023 Citation: (2023) INSC 441 Judges: Dr. Dhananjaya Y Chandrachud, CJI; MR Shah, J; Krishna Murari, J; Hima Kohli, J; Pamidighantam Sri Narasimha, J Can a Governor direct a floor test based on internal party disputes? The Supreme

Supreme Court clarifies powers of Governor and Speaker in Maharashtra Political Crisis: Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors. (2023) INSC 441 (11 May 2023) Read Post »

Governor’s Discretion and Anti-Defection Law: Supreme Court’s Verdict on Maharashtra Political Crisis (2023) INSC 516

/ Constitutional Law, Constitutional Law with Article 163, Constitutional Law with Article 212, Dhananjaya Y Chandrachud, Election Law, Election Symbols (Reservation and Allotment) Order, 1968, Hima Kohli, Judges, Krishna Murari, M.R. Shah, Pamidighantam Sri Narasimha, Tenth Schedule

Supreme Court Clarifies Governor’s Power and Tenth Schedule in Maharashtra Political Crisis LEGAL ISSUE: The extent of the Governor’s discretionary powers, the interpretation of the Tenth Schedule of the Constitution, and the powers of the Election Commission of India (ECI) in cases of political party splits. CASE TYPE: Constitutional Law, specifically concerning the powers of

Governor’s Discretion and Anti-Defection Law: Supreme Court’s Verdict on Maharashtra Political Crisis (2023) INSC 516 Read Post »

Supreme Court quashes conviction due to Section 313 CrPC violation in criminal conspiracy case: Raj Kumar @ Suman vs. State (NCT of Delhi) (2023) INSC 478 (11 May 2023)

/ Abhay S. Oka, Code of Criminal Procedure, 1973, Fair Trial, Indian Penal Code, 1860, Judges, Rajesh Bindal, Section 120B, Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 313, Code of Criminal Procedure, 1973

Supreme Court quashes conviction due to Section 313 CrPC violation in criminal conspiracy case Date of the Judgment: 11 May 2023 Citation: (2023) INSC 478 Judges: Abhay S. Oka, J., Rajesh Bindal, J. Can a conviction be upheld when a crucial piece of evidence against the accused was not presented to them during their examination

Supreme Court quashes conviction due to Section 313 CrPC violation in criminal conspiracy case: Raj Kumar @ Suman vs. State (NCT of Delhi) (2023) INSC 478 (11 May 2023) Read Post »

Supreme Court quashes conviction due to Section 313 CrPC violation: Raj Kumar vs. State (2023)

/ Abhay S. Oka, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Fair Trial, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Rajesh Bindal

Supreme Court quashes conviction due to Section 313 CrPC violation: Raj Kumar vs. State (2023) LEGAL ISSUE: Whether a conviction can be upheld when a crucial piece of evidence against the accused was not presented to them during their examination under Section 313 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case

Supreme Court quashes conviction due to Section 313 CrPC violation: Raj Kumar vs. State (2023) Read Post »

Supreme Court Upholds State’s Right to Challenge Lottery Laws: Meghalaya vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 131, Constitutional Law with Article 298, Dinesh Maheshwari, Judges, Lotteries (Regulation) Act, 1998, Lotteries (Regulation) Act, 1998 with Section 5, Lotteries (Regulation) Act, 1998 with Section 6, Lotteries (Regulation) Act, 1998 with Section 7, Sanjay Kumar

Supreme Court Upholds State’s Right to Challenge Lottery Laws: Meghalaya vs. Union of India (2023) LEGAL ISSUE: Whether a State can challenge the validity of a Central law under Article 131 of the Constitution. CASE TYPE: Constitutional Law, Original Suit Case Name: State of Meghalaya vs. Union of India & Others Judgment Date: 11 May

Supreme Court Upholds State’s Right to Challenge Lottery Laws: Meghalaya vs. Union of India (2023) Read Post »

Supreme Court Clarifies Delhi Government’s Control Over Services: Government of NCT of Delhi vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 239AA, Dhananjaya Y Chandrachud, Fundamental Rights, Hima Kohli, Judges, Krishna Murari, MR Shah, Pamidighantam Sri Narasimha

Supreme Court Clarifies Delhi Government’s Control Over Services: Government of NCT of Delhi vs. Union of India (2023) LEGAL ISSUE: Scope of legislative and executive powers of the Government of National Capital Territory of Delhi (GNCTD) over “services.” CASE TYPE: Constitutional Law, Federalism Case Name: Government of NCT of Delhi vs. Union of India [Judgment

Supreme Court Clarifies Delhi Government’s Control Over Services: Government of NCT of Delhi vs. Union of India (2023) Read Post »

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