Can a medical college be denied recognition if it fails to maintain required standards? The Supreme Court of India addressed this crucial question in a case involving the Indian Centre for Advancement of Research and Education (ICARE). The court upheld the Medical Council of India’s (MCI) authority to conduct surprise inspections and deny recognition to […]
LEGAL ISSUE: Whether arbitration and SARFAESI proceedings can occur simultaneously and if the SARFAESI Act applies to debts existing before the Act’s application to a Non-Banking Financial Company (NBFC). CASE TYPE: Loan Recovery/Banking Law Case Name: M.D. Frozen Foods Exports Pvt. Ltd. & Ors. vs. Hero Fincorp Ltd. Judgment Date: 21 September 2017 Can a
Can a mere allegation of breach of contract constitute a “dispute” to halt insolvency proceedings? The Supreme Court of India addressed this crucial question in a case concerning operational debts under the Insolvency and Bankruptcy Code, 2016. This judgment clarifies what constitutes a valid dispute that can prevent the initiation of insolvency proceedings by operational
LEGAL ISSUE: Whether the Charity Commissioner properly sanctioned the sale of trust property under Section 36 of the Bombay Public Trusts Act, 1950. CASE TYPE: Trust Law/Property Law Case Name: Cyrus Rustom Patel vs. The Charity Commissioner Maharashtra, State & Ors. Judgment Date: 21 September 2017 Date of the Judgment: 21 September 2017 Citation: (2017)
LEGAL ISSUE: Determination of seniority based on the effective date of advice for appointment. CASE TYPE: Service Law Case Name: K.R. Babu vs. State of Kerala & Ors. Judgment Date: 21 September 2017 Date of the Judgment: 21 September 2017 Citation: 2017 INSC 817 Judges: Kurian Joseph, J., R. Banumathi, J. Can the date of
LEGAL ISSUE: Whether interim relief paid to employees constitutes “wages” under the Employees’ State Insurance Act, 1948. CASE TYPE: Employees’ State Insurance Law Case Name: Employees State Insurance Corporation & Anr. vs. Mangalam Publications (I) Private Limited [Judgment Date]: 21 September 2017 Introduction Date of the Judgment: 21 September 2017 Citation: (2017) INSC 811 Judges:
LEGAL ISSUE: Whether a specific entry in a tax rate schedule can override a general exemption for the same goods. CASE TYPE: Tax Law – Sales Tax Case Name: M/S Shanti Fragrances vs. Union of India and Ors. Judgment Date: 21 September 2017 Introduction Date of the Judgment: 21 September 2017 Citation: Not available in
Can individuals who are not intermediaries be held liable for front-running in the securities market? The Supreme Court of India addressed this important question in a series of appeals, clarifying the scope of the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices) Regulations, 2003. This judgment provides crucial insights into
LEGAL ISSUE: Whether an arbitral tribunal has the power to recall its order terminating proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996, due to the claimant’s failure to file a statement of claim. CASE TYPE: Arbitration Law Case Name: SREI Infrastructure Finance Limited vs. Tuff Drilling Private Limited Judgment Date: 20 September
LEGAL ISSUE: Whether Section 115O of the Income Tax Act, 1961, which imposes a tax on distributed profits by domestic companies, is constitutionally valid, especially concerning agricultural income. CASE TYPE: Tax Law Case Name: Union of India & Ors. vs. M/s. Tata Tea Co. Ltd. & Anr. Judgment Date: 20 September 2017 Introduction Date of
LEGAL ISSUE: Property dispute resolution through compromise. CASE TYPE: Civil. Case Name: Thuluva Vellalar Sangam vs. R. Manthrasalam & Ors. [Judgment Date]: 20 September 2017 Date of the Judgment: 20 September 2017 Citation: [Not Available in the source] Judges: Justice Kurian Joseph and Justice R. Banumathi. Can a long-standing property dispute be resolved amicably, even
Date of the Judgment: September 20, 2017 Citation: (2017) INSC 763 Judges: N. V. Ramana, J., Ranjan Gogoi, J. Can individuals who are not intermediaries be held liable for front-running in the securities market? The Supreme Court of India addressed this crucial question in a batch of appeals, clarifying the scope of the Securities and
