LEGAL ISSUE: Whether contracts for the collection of “Tehbazari” and parking fees are considered leases under the Indian Stamp Act, 1899, and therefore subject to stamp duty as leases. CASE TYPE: Stamp Duty, Contract Law Case Name: Nasiruddin & Anr. Etc. vs. The State of Uttar Pradesh through Secretary & Ors. [Judgment Date]: 06 December […]
Can the term “originally inhabitants of the State of Assam” create a superior class of citizens during the National Register of Citizens (NRC) process? The Supreme Court of India addressed this question in a recent judgment. This case clarifies that the NRC is solely based on citizenship, not on whether someone is an original inhabitant
LEGAL ISSUE: Whether an advocate can claim fees based on a percentage of the decretal amount and whether a cheque issued for such fees constitutes a legally enforceable debt.CASE TYPE: Professional Ethics, Negotiable Instruments Act Case Name: B. Sunitha vs. The State of Telangana & Anr. [Judgment Date]: 5th December, 2017 Can a lawyer demand
LEGAL ISSUE: Calculation of compensation in motor accident claims, specifically regarding the multiplier, loss of consortium, and future prospects. CASE TYPE: Motor Accident Compensation Case Name: Bhogireddi Varalakshmi & Ors. vs. Mani Muthupandi & Ors. [Judgment Date]: 05 December 2017 Date of the Judgment: 05 December 2017 Citation: (2017) INSC 1037 Judges: Kurian Joseph, J.,
This judgment addresses a dispute over payment of security service charges. The core legal issue is whether the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 can be invoked when proceedings are ongoing before the Debt Recovery Tribunal (DRT). The Supreme Court of India settled this dispute, clarifying the jurisdiction of both bodies. This
LEGAL ISSUE: Whether the High Court can re-appreciate evidence to overturn an arbitrator’s award. CASE TYPE: Arbitration Law Case Name: Sutlej Construction vs. Union Territory of Chandigarh [Judgment Date]: December 05, 2017 Introduction Date of the Judgment: December 05, 2017 Citation: (2017) INSC 1070 Judges: J. Chelameswar and Sanjay Kishan Kaul, JJ. Can a High
LEGAL ISSUE: Whether an agreement to sell land can be specifically enforced despite challenges related to land fragmentation and cooperative society regulations. CASE TYPE: Civil (Specific Performance) Case Name: Balwant Vithal Kadam vs. Sunil Baburao Kadam Judgment Date: 05 December 2017 Date of the Judgment: 05 December 2017 Citation: (2017) INSC 1034 Judges: Abhay Manohar
Can a college appoint lecturers on a part-time basis and later claim they were ad hoc employees? The Supreme Court of India addressed this issue in a case concerning appointments at Lala Laxmi Narain Degree College. This judgment clarifies the distinction between ad hoc and part-time lecturers, impacting how educational institutions manage their staff. The
Can a newspaper owner be held liable for defamatory content published in their newspaper, even if they are not the editor? The Supreme Court of India addressed this important question in a case involving a Kannada daily newspaper. This judgment clarifies the responsibilities of newspaper owners under Indian law, particularly concerning defamation. The bench comprised
Liability of Newspaper Owners in Defamation Cases: Supreme Court Judgment (2017) Read Post »
LEGAL ISSUE: The core legal issue revolves around the proper procedure for a first appellate court to follow when reviewing a trial court’s decision, specifically regarding the need for a thorough re-evaluation of evidence and issues. CASE TYPE: Civil Appeal (Property Dispute) Case Name: C. Venkata Swamy vs. H.N. Shivanna(D) by L.R. & Anr. Etc.
Can a selection process be set aside due to grievances about height discrimination? The Supreme Court of India recently addressed this question in a case concerning the selection of Sub-Inspectors in West Bengal. The court did not delve into the merits of the case but instead directed the High Court to expedite the hearing of
LEGAL ISSUE: Whether an oral partition of ancestral property, acted upon for decades, can be the basis for a declaration of ownership and injunction against other family members. CASE TYPE: Civil Property Dispute Case Name: Nanjegowda @ Gowda (D) by LRs. & Anr. vs. Ramegowda Judgment Date: 04 December 2017 Date of the Judgment: 04
