Judges

Supreme Court Directs Expedited Resolution in Domestic Violence Maintenance Case: Shalu Ojha vs. Prashant Ojha (2017) INSC 772 (4 September 2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Judges, Maintenance under DV Act, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 12, Protection of Women from Domestic Violence Act, 2005 with Section 29

Can a court reduce the maintenance amount awarded in a domestic violence case? The Supreme Court of India addressed this question in a recent case, emphasizing the need for a swift resolution. This case highlights the complexities and delays often encountered in domestic violence proceedings, particularly concerning maintenance orders. The judgment was delivered by a […]

Supreme Court Directs Expedited Resolution in Domestic Violence Maintenance Case: Shalu Ojha vs. Prashant Ojha (2017) INSC 772 (4 September 2017) Read Post »

Supreme Court Settles Child Custody Dispute: Purvi Mukesh Gada vs. Mukesh Popatlal Gada (2017)

/ A.K. Sikri, Ashok Bhushan, Child Custody, Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Family Law, Judges, Welfare Principle

LEGAL ISSUE: Determining the paramount consideration in child custody disputes. CASE TYPE: Criminal Appeal (arising out of Special Leave Petition) relating to child custody. Case Name: Purvi Mukesh Gada vs. Mukesh Popatlal Gada & Anr. [Judgment Date]: September 4, 2017 Introduction The Supreme Court of India, in Purvi Mukesh Gada vs. Mukesh Popatlal Gada &

Supreme Court Settles Child Custody Dispute: Purvi Mukesh Gada vs. Mukesh Popatlal Gada (2017) Read Post »

Supreme Court clarifies eligibility for Medical Lab Technicians: Sukhwinder Kumar & Ors. vs. State of Punjab & Ors. (2017)

/ Eligibility Criteria, Judges, L. Nageswara Rao, Punjab Health and Family Welfare Technical (Group-C) Service Rules, 2007, Punjab Health and Family Welfare Technical (Group-C) Service Rules, 2007 with Appendix B, Recruitment Rules, S.A. Bobde, Service Law

LEGAL ISSUE: Whether candidates who possess a matriculation certificate and a diploma in Medical Laboratory Technology are eligible for appointment as Medical Laboratory Technicians, despite rules requiring a Senior Secondary certificate. CASE TYPE: Service Law. Case Name: Sukhwinder Kumar & Ors. vs. State of Punjab & Ors. Judgment Date: 04 September 2017 Introduction Date of

Supreme Court clarifies eligibility for Medical Lab Technicians: Sukhwinder Kumar & Ors. vs. State of Punjab & Ors. (2017) Read Post »

Saraswati Medical College Allowed Admissions: Supreme Court Overturns Debarment for 2017-18 Session

/ A.M. Khanwilkar, D.Y. Chandrachud, Dipak Misra, Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Judges, Medical College Inspections, Oversight Committee

LEGAL ISSUE: Whether the government can debar a medical college from admitting students based on a second surprise inspection conducted after the cut-off date, when an earlier inspection found no major deficiencies. CASE TYPE: Education Law, Medical Admissions Case Name: Saraswati Educational Charitable Trust and Anr. vs. Union of India and Anr. Judgment Date: September

Saraswati Medical College Allowed Admissions: Supreme Court Overturns Debarment for 2017-18 Session Read Post »

Supreme Court Upholds Conditional Permission for Krishna Mohan Medical College: Krishna Mohan Medical College vs. Union of India (2017)

/ A.M. Khanwilkar, Administrative Law, Amitava Roy, Dipak Misra, Establishment of Medical College Regulations, 1999, Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Judges, Principles of Natural Justice, Procedural Fairness

LEGAL ISSUE: Whether the Central Government’s decision to debar a medical college from admitting students was justified. CASE TYPE: Medical Education Law Case Name: Krishna Mohan Medical College and Hospital & Anr. vs. Union of India and Another [Judgment Date]: 1 September 2017 Introduction Can a medical college be debarred from admitting students without a

Supreme Court Upholds Conditional Permission for Krishna Mohan Medical College: Krishna Mohan Medical College vs. Union of India (2017) Read Post »

Supreme Court Upholds MCI Inspection, Denies Renewal to Shri Venkateshwara University (2017)

/ A.M. Khanwilkar, Amitava Roy, Dipak Misra, Education Law, Establishment of Medical College Regulations 1999, Judges, Medical Council of India Act, 1956, Medical Education

LEGAL ISSUE: Whether the Medical Council of India (MCI) could conduct a surprise inspection of a medical college, and whether the college should be denied permission for failing to cooperate with the inspection. CASE TYPE: Education Law, Medical Education Case Name: Shri Venkateshwara University vs. Union of India [Judgment Date]: September 1, 2017 Introduction Can

Supreme Court Upholds MCI Inspection, Denies Renewal to Shri Venkateshwara University (2017) Read Post »

Supreme Court Directs Appointment of Candidates Despite Rule Changes: State of West Bengal vs. Debasis Das (2017)

/ Constitutional Law, Constitutional Law with Article 14, Judges, Kurian Joseph, R. Banumathi, Recruitment Rules, Service Law

LEGAL ISSUE: Whether candidates selected under an earlier recruitment process should be appointed despite subsequent changes in the recruitment rules. CASE TYPE: Service Law Case Name: The State of West Bengal & Ors. vs. Debasis Das & Ors. [Judgment Date]: 01 September 2017 Introduction Date of the Judgment: 01 September 2017 Citation: Not Available Judges:

Supreme Court Directs Appointment of Candidates Despite Rule Changes: State of West Bengal vs. Debasis Das (2017) Read Post »

Supreme Court clarifies Section 80 CPC Notice Requirement in Property Dispute: Sant Prasad vs. Kausla Nand Sinha (2017)

/ Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 80, Judges, Kurian Joseph, Property Disputes, R. Banumathi

LEGAL ISSUE: Whether a notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) is mandatory before instituting a suit against the government. CASE TYPE: Civil Property Dispute Case Name: Sant Prasad vs. Kausla Nand Sinha & Ors. [Judgment Date]: September 01, 2017 Date of the Judgment: September 01, 2017 Citation: Not available

Supreme Court clarifies Section 80 CPC Notice Requirement in Property Dispute: Sant Prasad vs. Kausla Nand Sinha (2017) Read Post »

Medical College Approval: Supreme Court Overturns Government Rejection in Shri Gangajali Education Society vs. Union of India (2017)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 142, D.Y. Chandrachud, Dipak Misra, Judges, Medical College Establishment, Medical Council Act, 1956, Medical Council Act, 1956 with Section 10-A, Oversight Committee

Can the government reject a medical college’s application despite a favorable report from an oversight committee? The Supreme Court of India addressed this question in a recent case, highlighting the importance of reasoned decision-making by government authorities. This case, involving Shri Gangajali Education Society, underscores the need for the government to provide clear justifications when

Medical College Approval: Supreme Court Overturns Government Rejection in Shri Gangajali Education Society vs. Union of India (2017) Read Post »

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017)

/ Adarsh Kumar Goel, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24B, ICU Facilities, Judges, Medical Infrastructure, Medical Law, Medical Negligence, Uday Umesh Lalit

Date of the Judgment: 30 August 2017 Citation: (2017) INSC 739 Judges: Adarsh Kumar Goel, J. and Uday Umesh Lalit, J. Can a hospital be held liable for medical negligence if it performs surgery without adequate post-operative care facilities? The Supreme Court of India addressed this critical question in a case concerning the death of

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017) Read Post »

Supreme Court clarifies the validity of Section 153C Income Tax Act notices in search cases: Commissioner of Income Tax-III vs. Sinhgad Technical Education Society (29 August 2017)

/ A.K. Sikri, Ashok Bhushan, Income Tax Act, 1961, Income Tax Act, 1961 with Section 12AA, Income Tax Act, 1961 with Section 132, Income Tax Act, 1961 with Section 153C, Judges

LEGAL ISSUE: Validity of proceedings initiated under Section 153C of the Income Tax Act, 1961, concerning the requirement of seized documents to pertain to the assessment years in question. CASE TYPE: Income Tax Law Case Name: Commissioner of Income Tax-III, Pune vs. Sinhgad Technical Education Society [Judgment Date]: 29 August 2017 Date of the Judgment:

Supreme Court clarifies the validity of Section 153C Income Tax Act notices in search cases: Commissioner of Income Tax-III vs. Sinhgad Technical Education Society (29 August 2017) Read Post »

Supreme Court Upholds Life Imprisonment in Attempt to Murder Case: Ahsan vs. State of U.P. (29 August 2017)

/ Abhay Manohar Sapre, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 452, Judges, Offences Against Human Body, R.K. Agrawal

LEGAL ISSUE: Whether the sentence of life imprisonment for an offense under Section 307 of the Indian Penal Code, 1860 is justified when the victim survives the attack. CASE TYPE: Criminal. Case Name: Ahsan vs. State of U.P. Date of the Judgment: 29 August 2017. Citation: Not Available. Judges: R.K. Agrawal, J. and Abhay Manohar

Supreme Court Upholds Life Imprisonment in Attempt to Murder Case: Ahsan vs. State of U.P. (29 August 2017) Read Post »

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