R. Banumathi

Supreme Court Upholds Resumption of Industrial Plot Due to Non-Commencement of Production: Dalip Singh vs. State of Haryana (25 October 2018)

/ Economic Development, Employment Generation, Haryana Urban Development Authority Act, 1977, Indira Banerjee, Industrial Policy, Judges, R. Banumathi, Resumption of Industrial Plot, Section 17, Haryana Urban Development Authority Act, 1977, Terms of Allotment

Supreme Court Upholds Resumption of Industrial Plot Due to Non-Commencement of Production: Dalip Singh vs. State of Haryana (2018) LEGAL ISSUE: Whether the authorities were justified in resuming an industrial plot due to the allottee’s failure to commence production within the stipulated time. CASE TYPE: Civil. Case Name: Dalip Singh and Others vs. State of […]

Supreme Court Upholds Resumption of Industrial Plot Due to Non-Commencement of Production: Dalip Singh vs. State of Haryana (25 October 2018) Read Post »

Supreme Court Upholds Maintenance Rights for Woman in Live-in Relationship: Kamala vs. M.R. Mohan Kumar (2018) INSC 884

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 494, Indira Banerjee, Judges, Maintenance, R. Banumathi

Supreme Court Upholds Maintenance Rights for Woman in Live-in Relationship: Kamala vs. M.R. Mohan Kumar (2018) INSC 884 LEGAL ISSUE: Whether a woman in a live-in relationship is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal – Maintenance Case Name: Kamala and Others vs. M.R. Mohan Kumar

Supreme Court Upholds Maintenance Rights for Woman in Live-in Relationship: Kamala vs. M.R. Mohan Kumar (2018) INSC 884 Read Post »

Supreme Court Clarifies the Scope of ‘Public Trust’ Doctrine in Land Disputes: Ram Avatar Soni vs. Mahanta Laxmidhar Das (2018)

/ Indira Banerjee, Judges, Land Disputes, Land Law, Ownership Disputes, Property Rights, Public Trust Doctrine, R. Banumathi, Temple Properties

Supreme Court Clarifies the Scope of ‘Public Trust’ Doctrine in Land Disputes: Ram Avatar Soni vs. Mahanta Laxmidhar Das (2018) LEGAL ISSUE: Applicability of the ‘Public Trust’ doctrine in disputes concerning the management of temple properties. CASE TYPE: Civil Appeal Case Name: Ram Avatar Soni vs. Mahanta Laxmidhar Das and Ors. Judgment Date: 24 October

Supreme Court Clarifies the Scope of ‘Public Trust’ Doctrine in Land Disputes: Ram Avatar Soni vs. Mahanta Laxmidhar Das (2018) Read Post »

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indira Banerjee, Judges, R. Banumathi, Second Appeal

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018) LEGAL ISSUE: Whether the High Court can decide on the validity of a quit notice when it was not a framed issue in the second appeal. CASE TYPE: Civil (Eviction) Case Name: Shrikant vs. Narayan Singh (Dead)

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Lack of Conclusive Circumstantial Evidence: Uppala Bixam vs. State of Andhra Pradesh (2018) INSC 894 (11 October 2018)

/ Circumstantial Evidence, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, Murder, R. Banumathi

Supreme Court Acquits Accused in Murder Case Due to Lack of Conclusive Circumstantial Evidence LEGAL ISSUE: Whether the circumstantial evidence presented by the prosecution was sufficient to prove the guilt of the accused beyond reasonable doubt in a murder case. CASE TYPE: Criminal Law – Murder Case Name: Uppala Bixam @ Bixmaiah vs. The State

Supreme Court Acquits Accused in Murder Case Due to Lack of Conclusive Circumstantial Evidence: Uppala Bixam vs. State of Andhra Pradesh (2018) INSC 894 (11 October 2018) Read Post »

Supreme Court Reduces Sentence in Arson Case After Compensation: Surender Singh vs. State of Haryana (2018)

/ Compensation, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 429, Indian Penal Code, 1860 with Section 436, Indira Banerjee, Judges, R. Banumathi, Sentencing

Supreme Court Reduces Sentence in Arson Case After Compensation: Surender Singh vs. State of Haryana (2018) LEGAL ISSUE: Whether a sentence for arson can be reduced based on subsequent compensation paid to the victim. CASE TYPE: Criminal Case Name: Surender Singh vs. The State of Haryana & Ors. [Judgment Date]: 11 October 2018 Date of

Supreme Court Reduces Sentence in Arson Case After Compensation: Surender Singh vs. State of Haryana (2018) Read Post »

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018)

/ Appeal, Civil Procedure, Condonation of Delay, Ex-parte Decree, Indira Banerjee, Injunction, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Property Law, R. Banumathi, Sale Deed

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Date of the Judgment: October 10, 2018 Citation: (2018) INSC 910 Judges: R. Banumathi, J., Indira Banerjee, J. Can a party who was aware of court proceedings claim ignorance to justify a delay in filing an appeal? The Supreme

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Read Post »

Supreme Court Reduces Sentence in Attempted Murder Case: Rakesh & Anr. vs. State of Haryana (2018)

/ Arms Act, Arms Act with Section 25, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 325, Indira Banerjee, Judges, Offences Against Human Body, R. Banumathi

Supreme Court Reduces Sentence in Attempted Murder Case: Rakesh & Anr. vs. State of Haryana (2018) LEGAL ISSUE: Whether the conviction under Section 307 of the Indian Penal Code, 1860 (attempt to murder) was justified and whether the sentence imposed was appropriate. CASE TYPE: Criminal Case Name: Rakesh & Anr. vs. State of Haryana Judgment

Supreme Court Reduces Sentence in Attempted Murder Case: Rakesh & Anr. vs. State of Haryana (2018) Read Post »

Supreme Court Modifies Conviction Under Arms Act: Samir Ahmed Rafiqahmed Ansari vs. State of Gujarat (2018)

/ Arms Act, 1959, Arms Act, 1959 with Section 25(1AA), Arms Act, 1959 with Section 25(1B)(a), Arms Act, 1959 with Section 3, Indian Penal Code, Indian Penal Code with Section 120B, Indian Penal Code with Section 399, Indira Banerjee, Judges, R. Banumathi

Supreme Court Modifies Conviction Under Arms Act: Samir Ahmed Rafiqahmed Ansari vs. State of Gujarat (2018) Date of the Judgment: 4th October, 2018 Citation: [Not Available in Source] Judges: R. Banumathi, J. and Indira Banerjee, J. Can a conviction under Section 25(1AA) of the Arms Act, 1959 be sustained without evidence of manufacturing prohibited arms?

Supreme Court Modifies Conviction Under Arms Act: Samir Ahmed Rafiqahmed Ansari vs. State of Gujarat (2018) Read Post »

Supreme Court Upholds Abetment to Suicide Conviction: Kanailal Sarkar vs. State of West Bengal (2018)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 306, Indian Penal Code, 1860 with Section 498A, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Abetment to Suicide Conviction: Kanailal Sarkar vs. State of West Bengal (2018) LEGAL ISSUE: Whether the father-in-law abetted the suicide of his daughter-in-law. CASE TYPE: Criminal Law. Case Name: Kanailal Sarkar vs. State of West Bengal. [Judgment Date]: 4th October 2018 Introduction Date of the Judgment: 4th October 2018 Judges: Justice R.

Supreme Court Upholds Abetment to Suicide Conviction: Kanailal Sarkar vs. State of West Bengal (2018) Read Post »

Supreme Court modifies conviction in fatal Holika Dahan brawl: Sunny Khanna vs. State of Chhattisgarh (2018)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Indira Banerjee, Judges, Offences Against Human Body, R. Banumathi

Supreme Court modifies conviction in fatal Holika Dahan brawl: Sunny Khanna vs. State of Chhattisgarh (2018) LEGAL ISSUE: Whether the accused should be convicted of murder or culpable homicide not amounting to murder when a death occurs during a sudden fight. CASE TYPE: Criminal Law Case Name: Sunny Khanna vs. State of Chhattisgarh [Judgment Date]:

Supreme Court modifies conviction in fatal Holika Dahan brawl: Sunny Khanna vs. State of Chhattisgarh (2018) Read Post »

Supreme Court Upholds Society’s Right to be Heard in Land Dispute: Gopal Nagar Cooperative vs. Mohd. Aslam (2018) INSC 849 (27 September 2018)

/ Civil Law, Civil Procedure, Code of Civil Procedure, 1908, Indira Banerjee, Judges, Order IX, Code of Civil Procedure, 1908, R. Banumathi, Right to be Heard

Supreme Court Upholds Society’s Right to be Heard in Land Dispute Date of the Judgment: 27 September 2018 Citation: (2018) INSC 849 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a court set aside a decree passed without giving a party a fair chance to present its case? The Supreme Court of India addressed

Supreme Court Upholds Society’s Right to be Heard in Land Dispute: Gopal Nagar Cooperative vs. Mohd. Aslam (2018) INSC 849 (27 September 2018) Read Post »

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