R. Banumathi

Supreme Court clarifies procedure for re-determination of land acquisition compensation under Section 28A when the initial award is under appeal: Bharatsingh vs. State of Maharashtra (2017)

/ Judges, Kurian Joseph, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 28A, R. Banumathi

Date of the Judgment: 12 December 2017 Citation: (2017) INSC 1062 Judges: Kurian Joseph, J., R. Banumathi, J. What happens when a landowner applies for increased compensation under Section 28A of The Land Acquisition Act, 1894, but the court’s award that they are relying on is being appealed? The Supreme Court addressed this issue, clarifying […]

Supreme Court clarifies procedure for re-determination of land acquisition compensation under Section 28A when the initial award is under appeal: Bharatsingh vs. State of Maharashtra (2017) Read Post »

Supreme Court Partially Upholds Conviction in Rape Case, Sets Aside SC/ST Act Conviction: Asharfi vs. State of Uttar Pradesh (8 December 2017)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376(2)(g), Indian Penal Code, 1860 with Section 450, Judges, Offences Against Human Body, R. Banumathi, Ranjan Gogoi, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(2)(v)

Date of the Judgment: 8 December 2017 Citation: [Not Available in Source] Judges: Ranjan Gogoi, J. and R. Banumathi, J. Can a conviction under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 be upheld if the prosecution fails to prove that the crime was committed specifically because the victim belonged to a

Supreme Court Partially Upholds Conviction in Rape Case, Sets Aside SC/ST Act Conviction: Asharfi vs. State of Uttar Pradesh (8 December 2017) Read Post »

Supreme Court clarifies jurisdiction in MSMED Act and DRT cases: Bank of India wins against Yadav Consultancy (05 December 2017)

/ Debt Recovery Appellate Tribunal, Debt Recovery Tribunal, Judges, Kurian Joseph, Micro, Small and Medium Enterprises Development Act, 2006, Micro, Small and Medium Enterprises Development Facilitation Council, R. Banumathi, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 31-A

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

Supreme Court clarifies jurisdiction in MSMED Act and DRT cases: Bank of India wins against Yadav Consultancy (05 December 2017) Read Post »

Supreme Court Clarifies Compensation Release in Motor Accident Case: United India Insurance Co. Ltd. vs. Sunil Kumar (2017)

/ Civil Procedure, Compensation Release, Court Orders, Judges, Motor Accident Law, R. Banumathi, Ranjan Gogoi

LEGAL ISSUE: Clarification on the location of deposited compensation for release to the claimant. CASE TYPE: Motor Accident Compensation Case Name: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. [Judgment Date]: December 1, 2017 Introduction Date of the Judgment: December 1, 2017 Citation: Not Available Judges: Hon’ble Mr. Justice Ranjan Gogoi and Hon’ble

Supreme Court Clarifies Compensation Release in Motor Accident Case: United India Insurance Co. Ltd. vs. Sunil Kumar (2017) Read Post »

Supreme Court sets aside High Court order on personal property auction in housing dispute: Vinod Goyal vs. Vishranti City Residents Welfare Society (2017) INSC 1019 (29 November 2017)

/ Constitutional Law, Contract Law, Contract Law with Allotment Agreement, Judges, Kurian Joseph, Principles of Natural Justice, R. Banumathi

Can a High Court order the auction of personal properties of partners in a developer firm to recover dues for a housing project? The Supreme Court of India addressed this question in a recent case, concerning a dispute over infrastructure development in a residential colony. The Supreme Court set aside the High Court’s order, which

Supreme Court sets aside High Court order on personal property auction in housing dispute: Vinod Goyal vs. Vishranti City Residents Welfare Society (2017) INSC 1019 (29 November 2017) Read Post »

Supreme Court Enhances Compensation for Agricultural Laborer’s Death in Road Accident: Laxmidhar Nayak vs. Jugal Kishore Behera (2017)

/ Compensation, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Second Schedule, R. Banumathi, Ranjan Gogoi

LEGAL ISSUE: Determination of fair compensation in a motor accident claim, specifically concerning the income of a deceased agricultural laborer and the inclusion of household work in assessing compensation. CASE TYPE: Motor Accident Compensation Claim Case Name: Laxmidhar Nayak and Ors. vs. Jugal Kishore Behera and Ors. Judgment Date: November 28, 2017 Introduction Date of

Supreme Court Enhances Compensation for Agricultural Laborer’s Death in Road Accident: Laxmidhar Nayak vs. Jugal Kishore Behera (2017) Read Post »

Supreme Court Remands Lease Dispute: State of Madhya Pradesh vs. Official Liquidator (2017)

/ Company Law, Company Law with Section 446, Judges, Kurian Joseph, Lease Disputes, R. Banumathi

LEGAL ISSUE: Whether the State Government can file a suit regarding a lease between a Municipal Corporation and a company in liquidation when the State claims ownership of the land. CASE TYPE: Company Law, Lease Dispute Case Name: State of Madhya Pradesh vs. Official Liquidator M/s Hukumchand Mills Ltd. (In Liquidation) & Ors. Judgment Date:

Supreme Court Remands Lease Dispute: State of Madhya Pradesh vs. Official Liquidator (2017) Read Post »

Supreme Court Relocates Mesne Profits Dispute in Eviction Case: Mukesh Seth vs. A.B. Lal and Sons (2017)

/ Civil Law, Eviction, Judges, Kurian Joseph, Mesne Profits, R. Banumathi

Date of the Judgment: November 16, 2017 Citation: Not Available in Source Judges: Kurian Joseph, J., R. Banumathi, J. Can the Supreme Court settle a dispute regarding mesne profits after the eviction process is complete? The Supreme Court of India addressed this question in a case involving a long-standing eviction dispute. The core issue revolved

Supreme Court Relocates Mesne Profits Dispute in Eviction Case: Mukesh Seth vs. A.B. Lal and Sons (2017) Read Post »

Appealability of Contempt Notice: Supreme Court Clarifies in ECL Finance Ltd. vs. Harikishan Shankarji Gudipati (2017)

/ Appealability, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 19, Contempt Proceedings, Judges, Kurian Joseph, R. Banumathi

LEGAL ISSUE: Appealability of an order issuing notice in a contempt petition. CASE TYPE: Contempt of Court Case Name: ECL Finance Ltd vs. Harikishan Shankarji Gudipati & Ors. Judgment Date: 16 November 2017 Can an appeal be filed against a notice issued in a contempt petition? The Supreme Court of India recently addressed this critical

Appealability of Contempt Notice: Supreme Court Clarifies in ECL Finance Ltd. vs. Harikishan Shankarji Gudipati (2017) Read Post »

Supreme Court Directs Reconsideration of Termination for Suppression of Criminal Case: Avtar Singh vs. Union of India (2017)

/ Avtar Singh v. Union of India, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 324, Indian Penal Code, 1860 with Section 34, Judges, Kurian Joseph, R. Banumathi, Service Law, Suppression of Information, Termination of Service

LEGAL ISSUE: Whether termination of service for suppressing information about a criminal case is justified. CASE TYPE: Service Law Case Name: Avtar Singh vs. Union of India and Ors. Judgment Date: 15 November 2017 Date of the Judgment: 15 November 2017 Citation: Civil Appeal No(s). 18798/2017 (Arising from SLP(C) No.20525/2011) Judges: Kurian Joseph, J., R.

Supreme Court Directs Reconsideration of Termination for Suppression of Criminal Case: Avtar Singh vs. Union of India (2017) Read Post »

Supreme Court clarifies rules on termination for criminal history: Union of India vs. Amit Singh (2017)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Kurian Joseph, R. Banumathi, Service Law, Service Law with Avtar Singh v. Union of India, Termination of Service

Date of the Judgment: November 15, 2017 Citation: Civil Appeal No(s). 18799/2017 (Arising from SLP(C) No.4757/2014) Judges: Kurian Joseph, J. and R. Banumathi, J. Can an employer terminate an employee’s service based on a past criminal case, even if it was a minor issue resolved before employment? The Supreme Court of India addressed this question

Supreme Court clarifies rules on termination for criminal history: Union of India vs. Amit Singh (2017) Read Post »

Supreme Court directs reconsideration of police constable’s cancelled candidature: Vikram Singh vs. Commissioner of Police (2017) INSC 981 (15 November 2017)

/ Judges, Kurian Joseph, R. Banumathi, Service Law, Service Law with Avtar Singh v. Union of India, Termination of Service

Date of the Judgment: 15 November 2017 Citation: (2017) INSC 981 Judges: Kurian Joseph, J., R. Banumathi, J. Can an employer automatically reject a candidate for a job due to past criminal involvement, even if the candidate was later acquitted? The Supreme Court of India addressed this critical question in a case involving a candidate

Supreme Court directs reconsideration of police constable’s cancelled candidature: Vikram Singh vs. Commissioner of Police (2017) INSC 981 (15 November 2017) Read Post »

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