Judges

Supreme Court clarifies Assured Career Progression (ACP) eligibility: Amresh Kumar Sinha & Ors. vs. State of Bihar & Ors. (25 April 2023)

/ Assured Career Progression (ACP), B.R. Gavai, Bihar Accounts Service Rules, 2000, Bihar Accounts Service Rules, 2000 with Rule 17, Bihar Accounts Service Rules, 2000 with Rule 20, Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003, Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003 with Rule 4(5), Judges, Pankaj Mithal, Promotion, Service Law, Stagnation

Supreme Court Clarifies Assured Career Progression (ACP) Eligibility: Amresh Kumar Sinha & Ors. vs. State of Bihar & Ors. (2023) LEGAL ISSUE: Whether the qualification of graduation, prescribed for promotion to the post of Accounts Officer, is also necessary for granting the benefit of Assured Career Progression (ACP). CASE TYPE: Service Law Case Name: Amresh […]

Supreme Court clarifies Assured Career Progression (ACP) eligibility: Amresh Kumar Sinha & Ors. vs. State of Bihar & Ors. (25 April 2023) Read Post »

Supreme Court clarifies Assured Career Progression (ACP) eligibility for Accounts Clerks: Amresh Kumar Sinha & Ors. vs. The State of Bihar & Ors. (25 April 2023)

/ Assured Career Progression, B.R. Gavai, Bihar Accounts Service Rules, 2000, Bihar Accounts Service Rules, 2000 with Rule 17, Bihar Accounts Service Rules, 2000 with Rule 20, Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003, Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003 with Rule 4, Judges, Pankaj Mithal, Promotion, Service Law, Stagnation

Supreme Court clarifies Assured Career Progression (ACP) eligibility for Accounts Clerks LEGAL ISSUE: Whether the qualification of graduation is necessary for grant of Assured Career Progression (ACP) to Accounts Clerks, even if it is a requirement for promotion to the next higher post. CASE TYPE: Service Law Case Name: Amresh Kumar Sinha & Ors. vs.

Supreme Court clarifies Assured Career Progression (ACP) eligibility for Accounts Clerks: Amresh Kumar Sinha & Ors. vs. The State of Bihar & Ors. (25 April 2023) Read Post »

Supreme Court quashes High Court order, upholds right to withdraw appeal: Yogesh Navinchandra Ravani vs. Nanjibhai Sagrambhai Chaudhary (25 April 2023)

/ Agency Law, Authority of Agent, B.R. Gavai, Civil Law, Civil Procedure, Civil Procedure Code, 1908, Judges, Order XXIII, Civil Procedure Code, 1908, Power of Attorney, Right to Withdraw Appeal, Termination of Agency, Vikram Nath

Supreme Court quashes High Court order, upholds right to withdraw appeal: Yogesh Navinchandra Ravani vs. Nanjibhai Sagrambhai Chaudhary (2023) LEGAL ISSUE: Whether a Power of Attorney holder can maintain a legal proceeding after the cancellation of the Power of Attorney and whether a party can withdraw an appeal after transposing other parties as defendants. CASE

Supreme Court quashes High Court order, upholds right to withdraw appeal: Yogesh Navinchandra Ravani vs. Nanjibhai Sagrambhai Chaudhary (25 April 2023) Read Post »

Supreme Court overturns conviction of truck owner under NDPS Act: Harbhajan Singh vs State of Haryana (25 April 2023)

/ Abhay S. Oka, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 35, Rajesh Bindal

Supreme Court overturns conviction of truck owner under NDPS Act: Harbhajan Singh vs State of Haryana (2023) Date of the Judgment: 25 April 2023 Citation: Criminal Appeal No. 1480 of 2011 (Arising out of S.L.P . (Crl.) No.10543 of 2010) Judges: Abhay S. Oka, J., Rajesh Bindal, J. Can a truck owner be held liable

Supreme Court overturns conviction of truck owner under NDPS Act: Harbhajan Singh vs State of Haryana (25 April 2023) Read Post »

Supreme Court overturns conviction under NDPS Act for lack of evidence: Harbhajan Singh vs. State of Haryana (25 April 2023)

/ Abhay S. Oka, Criminal Law, Criminal Procedure Code, Evidence Law, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 35, Rajesh Bindal, Vehicle Owner Liability

Supreme Court overturns conviction under NDPS Act for lack of evidence: Harbhajan Singh vs. State of Haryana (2023) LEGAL ISSUE: Whether an owner of a vehicle can be convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) without proof of their knowledge of the vehicle being used for illegal

Supreme Court overturns conviction under NDPS Act for lack of evidence: Harbhajan Singh vs. State of Haryana (25 April 2023) Read Post »

Supreme Court Upholds Eviction Based on Bona Fide Need: Kusum Lata Sharma vs. Arvind Singh (25 April 2023)

/ Bona Fide Requirement, Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 14(1)(e), Delhi Rent Control Act, 1958 with Section 25-B(8), Dinesh Maheshwari, Judges, Sanjay Kumar

Supreme Court Upholds Eviction Based on Bona Fide Need: Kusum Lata Sharma vs. Arvind Singh (2023) Date of the Judgment: 25 April 2023 Citation: 2023 INSC 377 Judges: Justice Dinesh Maheshwari and Justice Sanjay Kumar Can a landlord evict a tenant based on the need of her extended family, even if the property description has

Supreme Court Upholds Eviction Based on Bona Fide Need: Kusum Lata Sharma vs. Arvind Singh (25 April 2023) Read Post »

Supreme Court Upholds Eviction Order Based on Landlord’s Bona Fide Need: Kusum Lata Sharma vs. Arvind Singh (25 April 2023)

/ Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 14(1)(e), Delhi Rent Control Act, 1958 with Section 25-B(8), Dinesh Maheshwari, Judges, Sanjay Kumar

Supreme Court Upholds Eviction Order Based on Landlord’s Bona Fide Need LEGAL ISSUE: Whether a landlord’s claim for eviction based on bona fide requirement can be rejected due to a perceived misdescription of the property, especially when the landlord resides in a joint family. CASE TYPE: Eviction under Delhi Rent Control Act, 1958 Case Name:

Supreme Court Upholds Eviction Order Based on Landlord’s Bona Fide Need: Kusum Lata Sharma vs. Arvind Singh (25 April 2023) Read Post »

Supreme Court Upholds Life Sentence for Father in Daughter’s Rape Case, Sets Minimum 20-Year Term

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 20(1), Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 432, Criminal Procedure Code, 1973 with Section 433, Criminal Procedure Code, 1973 with Section 433A, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Indian Penal Code, 1860 with Section 377, Judges, Offences Against Human Body, Sanjay Kumar

Supreme Court Upholds Life Sentence for Father in Daughter’s Rape Case, Sets Minimum 20-Year Term LEGAL ISSUE: Can the Supreme Court impose a minimum term of imprisonment beyond 14 years for life sentences in cases not involving the death penalty? CASE TYPE: Criminal Law Case Name: Ravinder Singh vs. The State Govt. of NCT of

Supreme Court Upholds Life Sentence for Father in Daughter’s Rape Case, Sets Minimum 20-Year Term Read Post »

Supreme Court Enhances Punishment for Rape of Minor Daughter: Ravinder Singh vs. State (25 April 2023)

/ Abhay S. Oka, Code of Criminal Procedure, Code of Criminal Procedure with Section 432, Code of Criminal Procedure with Section 433, Constitutional Law, Constitutional Law with Article 161, Constitutional Law with Article 20, Constitutional Law with Article 72, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Indian Penal Code, 1860 with Section 377, Judges, Offences Against Human Body, Sanjay Kumar

Supreme Court Enhances Punishment for Rape of Minor Daughter: Ravinder Singh vs. State (2023) LEGAL ISSUE: Can the Supreme Court impose a fixed-term life sentence, specifying a minimum period of imprisonment beyond 14 years, even when the law does not prescribe a death sentence for the offense? CASE TYPE: Criminal Law Case Name: Ravinder Singh

Supreme Court Enhances Punishment for Rape of Minor Daughter: Ravinder Singh vs. State (25 April 2023) Read Post »

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023)

/ Ajay Rastogi, Aniruddha Bose, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, C.T. Ravikumar, Hrishikesh Roy, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(g), Indian Contract Act, 1872 with Section 2(h), Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 35, Judges, K.M. Joseph

Date of the Judgment: 25 April 2023 Citation: INSC 368 of 2023 Judges: K.M. Joseph, J., Aniruddha Bose, J., Ajay Rastogi, J., Hrishikesh Roy, J., and C.T. Ravikumar, J. (Majority opinion by K.M. Joseph, J. with a concurring opinion by C.T. Ravikumar, J. and dissenting opinions by Ajay Rastogi, J. and Hrishikesh Roy, J.) Can

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023) Read Post »

Supreme Court allows appeal, restores case dismissed on technicality: Ali Hussain Ishaq Ali Vohra vs. State of Gujarat (2023)

/ Civil Law, Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, Judges, Krishna Murari, Liberty to Refile, Sanjay Kumar, Withdrawal of Petition, Writ Petition

Supreme Court allows appeal, restores case dismissed on technicality: Ali Hussain Ishaq Ali Vohra vs. State of Gujarat (2023) Date of the Judgment: April 24, 2023 Citation: 2023 INSC 418 Judges: Hon’ble Mr. Justice Krishna Murari and Hon’ble Mr. Justice Sanjay Kumar Can a court dismiss a case on a technicality when the petitioner clearly

Supreme Court allows appeal, restores case dismissed on technicality: Ali Hussain Ishaq Ali Vohra vs. State of Gujarat (2023) Read Post »

Supreme Court Sets Aside Conviction Due to Missing Trial Records: Jitendra Kumar Rode vs. Union of India (24 April 2023)

/ Appellate Procedure, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 385, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Judges, Krishna Murari, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13, Prevention of Corruption Act, 1988 with Section 7, Sanjay Karol

Supreme Court Sets Aside Conviction Due to Missing Trial Records: Jitendra Kumar Rode vs. Union of India (2023) LEGAL ISSUE: Whether a conviction can be upheld by an appellate court when the trial court records are unavailable. CASE TYPE: Criminal Appeal Case Name: Jitendra Kumar Rode vs. Union of India Judgment Date: 24 April 2023

Supreme Court Sets Aside Conviction Due to Missing Trial Records: Jitendra Kumar Rode vs. Union of India (24 April 2023) Read Post »

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