R. Banumathi

Supreme Court directs parties to approach Tribunal for Ecologically Fragile Land Dispute: L. Radhakrishnan vs. Parakulangara Devaswom (2017)

/ Ecologically Fragile Lands, Environmental Law, Judges, Kerala Forest Act, 2003, Kerala Forest Act, 2003 with Section 10, Kurian Joseph, Land Dispute, R. Banumathi

LEGAL ISSUE: Whether a land is ecologically fragile and whether the State can decline restoration of such land. CASE TYPE: Land Dispute, Environmental Law Case Name: L. Radhakrishnan vs. Parakulangara Devaswom & Anr. Judgment Date: 01 November 2017 Introduction Date of the Judgment: 01 November 2017 Citation: (2017) INSC 963 Judges: Justice Kurian Joseph and […]

Supreme Court directs parties to approach Tribunal for Ecologically Fragile Land Dispute: L. Radhakrishnan vs. Parakulangara Devaswom (2017) Read Post »

Supreme Court Clarifies Scope of Injunctions in Property Transfers: Virendrabhai Devjibhai Patel vs. Keshavbhai Makanbhai (2017)

/ Code of Civil Procedure, 1908, Interim Injunctions, Code of Civil Procedure, 1908, Judges, Kurian Joseph, Order XXXIX Rule 2A, Code of Civil Procedure, 1908, Property Transfers, Code of Civil Procedure, 1908, R. Banumathi

LEGAL ISSUE: Scope of an interlocutory injunction on property transfers. CASE TYPE: Civil. Case Name: Virendrabhai Devjibhai Patel vs. Keshavbhai Makanbhai. [Judgment Date]: 31 October 2017 Date of the Judgment: 31 October 2017. Citation: 2017 INSC 948. Judges: Justice Kurian Joseph and Justice R. Banumathi. Can a transfer of property, made in violation of an

Supreme Court Clarifies Scope of Injunctions in Property Transfers: Virendrabhai Devjibhai Patel vs. Keshavbhai Makanbhai (2017) Read Post »

Supreme Court Directs Further Training for Bihar Panchayat Teachers Failing Evaluation Test: Nirmala Kumari vs. State of Bihar (2017)

/ Bihar Panchayat Primary Teacher (Employment and Service Conditions) Rules, 2006, Judges, Kurian Joseph, R. Banumathi, Right to Education Act, 2009, Right to Education Act, 2009 with Section 23, Service Law, Teacher Employment, Teacher Qualification

Can teachers who failed an evaluation test be removed from service? The Supreme Court of India addressed this question in a case concerning Panchayat teachers in Bihar. The court considered the balance between maintaining educational standards and ensuring fair treatment of teachers appointed under older rules. This judgment highlights the importance of teacher training and

Supreme Court Directs Further Training for Bihar Panchayat Teachers Failing Evaluation Test: Nirmala Kumari vs. State of Bihar (2017) Read Post »

Supreme Court Disposes of Disciplinary Proceedings Based on Settlement: Bhushan Steel vs. State of U.P. (2017)

/ Code of Civil Procedure, 1908, Disciplinary Proceedings, Judges, Kurian Joseph, Order XXIII, Code of Civil Procedure, 1908, R. Banumathi, Supreme Court of India

Date of the Judgment: October 30, 2017 Citation: (2017) INSC 947 Judges: Justice Kurian Joseph and Justice R. Banumathi Can parties settle a disciplinary matter pending before the Supreme Court? The Supreme Court of India addressed this question in a recent case involving a dispute between Bhushan Steel and the State of Uttar Pradesh. The

Supreme Court Disposes of Disciplinary Proceedings Based on Settlement: Bhushan Steel vs. State of U.P. (2017) Read Post »

Supreme Court Disposes of Income Tax Appeal Based on Yokogawa India Ltd. Judgment (27 October 2017)

/ Appeals under Income Tax Law, Civil Appeals, Supreme Court of India, Income Tax Law, Judges, Kurian Joseph, R. Banumathi, Supreme Court Judgments on Income Tax, Supreme Court of India

LEGAL ISSUE: Applicability of the judgment in C.I.T. v. M/s. Yokogawa India Ltd. to similar cases. CASE TYPE: Income Tax Appeal Case Name: The Principal Commissioner of Income Tax vs. M/s. Rangsons Electronics Pvt. Ltd. Judgment Date: 27 October 2017 Introduction Date of the Judgment: 27 October 2017 Citation: Civil Appeal No.17325 of 2017 Judges:

Supreme Court Disposes of Income Tax Appeal Based on Yokogawa India Ltd. Judgment (27 October 2017) Read Post »

Supreme Court Limits Inherent Powers of Electricity Regulatory Commissions in Tariff Disputes: Gujarat Urja Vikas Nigam Ltd vs. Solar Semiconductor Power Company (25 October 2017)

/ Breach of contract, Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 62, Electricity Act, 2003 with Section 64, Electricity Act, 2003 with Section 86, Judges, Kurian Joseph, Power Purchase Agreement, R. Banumathi

LEGAL ISSUE: Whether the Gujarat Electricity Regulatory Commission can extend the control period of a tariff order by using its inherent powers. CASE TYPE: Electricity Law, Contract Law, Regulatory Law Case Name: Gujarat Urja Vikas Nigam Limited vs. Solar Semiconductor Power Company (India) Private Limited and Others Judgment Date: 25 October 2017 Introduction Date of

Supreme Court Limits Inherent Powers of Electricity Regulatory Commissions in Tariff Disputes: Gujarat Urja Vikas Nigam Ltd vs. Solar Semiconductor Power Company (25 October 2017) Read Post »

Impleadment of Assignee After 27 Years Denied: Supreme Court on Specific Performance Suits – LIC vs. Sanjeev Builders (24 October 2017)

/ Assignment of Rights, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII Rule 10, Impleadment of Parties, Judges, Kurian Joseph, R. Banumathi, Specific Performance, Suits for Specific Performance

LEGAL ISSUE: Whether an assignee can be impleaded in a suit for specific performance after an inordinate delay. CASE TYPE: Civil – Specific Performance. Case Name: Life Insurance Corporation of India vs. Sanjeev Builders Pvt. Ltd. And Ors. [Judgment Date]: 24 October 2017 Date of the Judgment: 24 October 2017 Citation: Civil Appeal No. of

Impleadment of Assignee After 27 Years Denied: Supreme Court on Specific Performance Suits – LIC vs. Sanjeev Builders (24 October 2017) Read Post »

Sabarimala Temple Entry Ban on Women to be Examined by Larger Bench: Indian Young Lawyers Association vs. State of Kerala (2017)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 25, Dipak Misra, Fundamental Rights, Judges, R. Banumathi, Religious Denomination, Religious Law, Religious Practices

LEGAL ISSUE: Whether the prohibition on women of a specific age group from entering the Sabarimala Temple is discriminatory and violates fundamental rights. CASE TYPE: Public Interest Litigation, Constitutional Law, Religious Law Case Name: Indian Young Lawyers Association & Ors. vs. State of Kerala & Ors. Judgment Date: 13 October 2017 Introduction Date of the

Sabarimala Temple Entry Ban on Women to be Examined by Larger Bench: Indian Young Lawyers Association vs. State of Kerala (2017) Read Post »

Supreme Court Grants Litigation Expenses to Reinstated Constables: Deepak Kumar vs. State of U.P. (2017)

/ Back Wages, Continuity of Service, Judges, Kurian Joseph, R. Banumathi, Reinstatement, Service Law

LEGAL ISSUE: Entitlement of back wages and continuity of service for police constables whose termination was deemed illegal. CASE TYPE: Service Law Case Name: Deepak Kumar & Ors. vs. Principal Secretary Home, Govt. of U.P Lucknow (U.P) & Ors. [Judgment Date]: 10 October 2017 Date of the Judgment: 10 October 2017 Citation: (2017) INSC 904

Supreme Court Grants Litigation Expenses to Reinstated Constables: Deepak Kumar vs. State of U.P. (2017) Read Post »

Multiple Arbitral Tribunals Allowed: Supreme Court Decision in Duro Felguera vs. Gangavaram Port (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 11(6A), Contract Law, Contract Law with Incorporation by Reference, Judges, Kurian Joseph, Memorandum of Understanding, R. Banumathi

LEGAL ISSUE: Whether a single arbitral tribunal can be constituted for multiple contracts arising from the same project, or if separate tribunals are required for each contract. CASE TYPE: Arbitration Law Case Name: M/s. Duro Felguera, S.A. vs. M/s. Gangavaram Port Limited Judgment Date: 10 October 2017 Introduction Date of the Judgment: 10 October 2017

Multiple Arbitral Tribunals Allowed: Supreme Court Decision in Duro Felguera vs. Gangavaram Port (2017) Read Post »

Supreme Court directs High Court to Expedite Hearing in Service Matter: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende (2017)

/ Appointment of Director of Town Planning, Judges, Kurian Joseph, R. Banumathi, Service Law, Service Law with Writ Petitions

Can the Supreme Court intervene when a High Court delays hearing a case despite prior directions? The Supreme Court of India addressed this in a service matter concerning the appointment of the Director of Town Planning in Maharashtra. The Court directed the High Court to expedite the hearing of the pending writ petitions. This case,

Supreme Court directs High Court to Expedite Hearing in Service Matter: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende (2017) Read Post »

Supreme Court Dismisses DDA Appeals Based on Prior Judgment: Delhi Development Authority vs. J.B.M. Builder Pvt. Ltd. (2017)

/ Amitava Roy, Civil Law, Civil Procedure, Delhi Development Authority, Judges, Kurian Joseph, R. Banumathi

LEGAL ISSUE: Applicability of prior judgment in similar cases CASE TYPE: Civil Appeal Case Name: Delhi Development Authority vs. M/S. J.B.M. Builder Pvt. Ltd. & Ors. Judgment Date: 06 October 2017 Introduction Date of the Judgment: 06 October 2017 Citation: Not Available Judges: Kurian Joseph, J., R. Banumathi, J., and Amitava Roy, J. Can a

Supreme Court Dismisses DDA Appeals Based on Prior Judgment: Delhi Development Authority vs. J.B.M. Builder Pvt. Ltd. (2017) Read Post »

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