R.F. Nariman

Supreme Court clarifies CENVAT credit on fuel inputs used for manufacturing exempted goods: Commissioner of Central Excise vs. Gujarat Narmada Valley Fertilizers Co. Ltd. (2019) INSC 1187 (03 December 2019)

/ Aniruddha Bose, Central Excise Act, Central Excise Act with Rule 6, CENVAT Credit Rules, 2002, Judges, R.F. Nariman, V. Ramasubramanian

Supreme Court Clarifies CENVAT Credit on Fuel Inputs for Exempted Goods Date of the Judgment: 03 December 2019 Citation: (2019) INSC 1187 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a manufacturer claim CENVAT credit on duty paid for fuel inputs used to generate steam and electricity when manufacturing goods that are […]

Supreme Court clarifies CENVAT credit on fuel inputs used for manufacturing exempted goods: Commissioner of Central Excise vs. Gujarat Narmada Valley Fertilizers Co. Ltd. (2019) INSC 1187 (03 December 2019) Read Post »

Supreme Court Limits High Court Intervention in Arbitration Matters: Deep Industries vs. ONGC (28 November 2019)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration and Conciliation Act, 1996 with Section 5, Arbitration Proceedings, Constitutional Law, Constitutional Law with Article 227, Judges, R.F. Nariman, Supervisory Jurisdiction, V. Ramasubramanian

Supreme Court Limits High Court Intervention in Arbitration Matters: Deep Industries vs. ONGC (2019) Date of the Judgment: 28 November 2019 Citation: [Not Available in Source] Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a High Court interfere with an order passed in an arbitration proceeding, especially when the Arbitration and Conciliation

Supreme Court Limits High Court Intervention in Arbitration Matters: Deep Industries vs. ONGC (28 November 2019) Read Post »

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019)

/ Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 36, Arbitration and Conciliation Act, 1996 with Section 87, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Definition of Corporate Person, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(7), Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) LEGAL ISSUE: Whether Section 87 of the Arbitration and Conciliation Act, 1996, and the repeal of Section 26 of the 2015 Amendment Act are constitutionally valid. CASE TYPE: Constitutional Law, Arbitration Law Case Name: Hindustan Construction Company

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) Read Post »

Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution (15 November 2019)

/ Companies Act, 2013, Companies Act, 2013 with Section 77, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29-A, Insolvency and Bankruptcy Code, 2016 with Section 7, Insolvency Resolution Process, Judges, R.F. Nariman, Surya Kant, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 48, V. Ramasubramanian

Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution Date of the Judgment: 15 November 2019 Citation: (2019) INSC 1067 Judges: R.F. Nariman, J., Surya Kant, J., V. Ramasubramanian, J. Can a resolution plan approved by a Committee of Creditors be overturned by the National Company Law Appellate Tribunal (NCLAT)? The

Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution (15 November 2019) Read Post »

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 25, D.Y. Chandrachud, Essential Religious Practice, Fundamental Rights, Indu Malhotra, Judges, R.F. Nariman, Ranjan Gogoi, Religious Denomination, Religious Law

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019) LEGAL ISSUE: Whether the exclusion of women of menstruating age from the Sabarimala Temple is constitutional. CASE TYPE: Religious Rights/Constitutional Law Case Name: Kantaru Rajeevaru vs. Indian Young Lawyers Association [Judgment Date]: November 14, 2019 Introduction Date of the Judgment: November 14, 2019

Sabarimala Temple Entry: Supreme Court Upholds Women’s Rights in Review Petitions (2019) Read Post »

Magistrate’s Power to Order Further Investigation: Supreme Court Settles the Law in Criminal Cases (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 190, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Indian Penal Code, 1860 with Section 467, Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Clarifies Magistrate’s Power to Order Further Investigation Post Charge Sheet LEGAL ISSUE: Whether a Magistrate has the power to order further investigation after a charge sheet has been filed in a criminal case. CASE TYPE: Criminal Law Case Name: Vinubhai Haribhai Malaviya and Ors. vs. The State of Gujarat and Anr. Judgment Date:

Magistrate’s Power to Order Further Investigation: Supreme Court Settles the Law in Criminal Cases (2019) Read Post »

Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019)

/ Companies Act, 1956, Companies Act, 1956 with Section 25, Constitutional Law, Constitutional Law with Article 366, Constitutional Law with Article 366(29-A), Finance Act, 1994, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(d), Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019) LEGAL ISSUE: Applicability of the doctrine of mutuality to incorporated clubs regarding sales tax and service tax after the 46th Amendment to the Constitution of India. CASE TYPE: Tax Law (Sales Tax and Service Tax) Case

Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019) Read Post »

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019)

/ Civil Law, Constitutional Law, Constitutional Law with Article 142, Judges, K.M. Joseph, Land Law, Property Disputes, R.F. Nariman, Urban Land (Ceiling and Regulation) Act, 1976, V. Ramasubramanian

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019) LEGAL ISSUE: Identification of a specific land parcel and its rightful ownership in a long-standing dispute. CASE TYPE: Civil Dispute, Land Law. Case Name: The Government of Andhra Pradesh & Ors. vs. Grace Sathyavathy Shashikant &

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019) Read Post »

Supreme Court Upholds Minority Rights in Teacher Appointments: Chandana Das vs. State of West Bengal (25 September 2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 30, Education Law, Fundamental Rights, Judges, Minority Educational Institutions, R. Banumathi, R. Subhash Reddy, R.F. Nariman, Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969, Surya Kant, T.S. Thakur

Supreme Court Upholds Minority Rights in Teacher Appointments: Chandana Das vs. State of West Bengal (2019) LEGAL ISSUE: Whether a minority educational institution’s right to appoint teachers is subject to the general rules for aided institutions or if they have autonomy in such appointments. CASE TYPE: Education Law, Minority Rights Case Name: Chandana Das (Malakar)

Supreme Court Upholds Minority Rights in Teacher Appointments: Chandana Das vs. State of West Bengal (25 September 2019) Read Post »

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (25 September 2019)

/ Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 1956 with Section 434, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, R. Subhash Reddy, R.F. Nariman, Surya Kant

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (2019) LEGAL ISSUE: Whether a winding-up petition filed under the Companies Act, 1956, which is time-barred, can be revived as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Jignesh Shah

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (25 September 2019) Read Post »

Supreme Court Strikes Down Section 3J of National Highways Act: Upholds Solatium and Interest for Land Acquisition (2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 31-C, Fundamental Rights, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 23(1A) and (2), National Highways Act, 1956, National Highways Act, 1956 with Section 3A, National Highways Act, 1956 with Section 3D(2), National Highways Act, 1956 with Section 3J, R.F. Nariman, Surya Kant

Supreme Court Strikes Down Section 3J of National Highways Act: Upholds Solatium and Interest for Land Acquisition (2019) LEGAL ISSUE: Whether the denial of solatium and interest for land acquired under the National Highways Act, 1956, violates Article 14 of the Constitution of India. CASE TYPE: Land Acquisition, Constitutional Law Case Name: Union of India

Supreme Court Strikes Down Section 3J of National Highways Act: Upholds Solatium and Interest for Land Acquisition (2019) Read Post »

Supreme Court Clarifies Tenant Purchase Rights Under Maharashtra Tenancy Act: Vasant Ganpat Padave vs Anant Mahadev Sawant (2019) INSC 741 (18 September 2019)

/ Constitutional Law, Constitutional Law with Article 14, Judges, Maharashtra Tenancy and Agricultural Lands Act, 1948, Maharashtra Tenancy and Agricultural Lands Act, 1948 with Section 32, Maharashtra Tenancy and Agricultural Lands Act, 1948 with Section 32-F, R. Subhash Reddy, R.F. Nariman, Surya Kant, Tenant Rights

Supreme Court Clarifies Tenant Purchase Rights Under Maharashtra Tenancy Act LEGAL ISSUE: Whether a tenant’s right to purchase land under the Maharashtra Tenancy and Agricultural Lands Act, 1948 is affected if they are unaware of the landlord’s disability ceasing, specifically in cases of a widow’s death or a landlord’s mental or physical disability ceasing. CASE

Supreme Court Clarifies Tenant Purchase Rights Under Maharashtra Tenancy Act: Vasant Ganpat Padave vs Anant Mahadev Sawant (2019) INSC 741 (18 September 2019) Read Post »

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