Ranjan Gogoi Archives

Supreme Court clarifies the scope of ‘any property’ under Section 102 of CrPC: Nevada Properties Pvt. Ltd. vs. State of Maharashtra (24 September 2019)

September 24, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 102, Criminal Investigation, Deepak Gupta, Indian Penal Code, Indian Penal Code with Section 22, Judges, Ranjan Gogoi, Sanjiv Khanna, Seizure of Property

Supreme Court Clarifies Scope of Police Power to Seize Property Under Section 102 CrPC Date of the Judgment: 24 September 2019 Citation: (2019) INSC 994 Judges: Ranjan Gogoi, CJI, Deepak Gupta, J., Sanjiv Khanna, J. Can police seize immovable property during an investigation based on suspicion of an offense? The Supreme Court of India addressed […]

Supreme Court clarifies the scope of ‘any property’ under Section 102 of CrPC: Nevada Properties Pvt. Ltd. vs. State of Maharashtra (24 September 2019) Read Post »

Supreme Court Refuses to Direct Parliament to Enact Standalone Law on Custodial Torture: Ashwani Kumar vs. Union of India (2019)

September 5, 2019 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Dinesh Maheshwari, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 330, Judges, Offences Against Human Body, Ranjan Gogoi, Sanjiv Khanna

Supreme Court Refuses to Direct Parliament to Enact Standalone Law on Custodial Torture: Ashwani Kumar vs. Union of India (2019) LEGAL ISSUE: Whether the Supreme Court can direct Parliament to enact a specific law. CASE TYPE: Constitutional Law, Public Interest Litigation Case Name: Dr. Ashwani Kumar vs. Union of India and Another Judgment Date: 05

Supreme Court Refuses to Direct Parliament to Enact Standalone Law on Custodial Torture: Ashwani Kumar vs. Union of India (2019) Read Post »

Voice Sample Orders: Supreme Court Empowers Magistrates in Criminal Investigations (2 August 2019)

August 2, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311A, Code of Criminal Procedure, 1973 with Section 53, Constitutional Law, Constitutional Law with Article 20(3), Criminal Investigation, Deepak Gupta, Judges, Ranjan Gogoi, Sanjiv Khanna

Supreme Court empowers Magistrates to order voice samples in criminal investigations LEGAL ISSUE: Whether a Magistrate can order an accused to provide a voice sample during a criminal investigation, even without explicit statutory authorization. CASE TYPE: Criminal Law Case Name: Ritesh Sinha vs. State of Uttar Pradesh Judgment Date: 2 August 2019 Introduction Date of

Voice Sample Orders: Supreme Court Empowers Magistrates in Criminal Investigations (2 August 2019) Read Post »

Supreme Court Sets Aside High Court Order on Encroachment: Pradeep Singh Bisht vs. State of Uttarakhand (2019)

July 19, 2019 / Aniruddha Bose, Civil Law, Deepak Gupta, Encroachment, Judges, Municipal Corporation, Municipal Corporation Act, Ranjan Gogoi, Statutory Law

Supreme Court Sets Aside High Court Order on Encroachment: Pradeep Singh Bisht vs. State of Uttarakhand (2019) The Supreme Court of India, on July 19, 2019, addressed a case regarding alleged encroachments and unauthorized constructions. The core issue was whether the High Court could order eviction based solely on an Advocate-Commissioner’s report, without the Municipal

Supreme Court Sets Aside High Court Order on Encroachment: Pradeep Singh Bisht vs. State of Uttarakhand (2019) Read Post »

Supreme Court settles Sales Tax Exemption dispute after Madhya Pradesh Reorganisation: State of Madhya Pradesh vs. Lafarge Dealers Association (2019) INSC 707 (09 July 2019)

July 9, 2019 / Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 8(5), Constitution of India, Constitution of India with Article 286, Judges, Madhya Pradesh General Sales Tax Act, 1958, Madhya Pradesh General Sales Tax Act, 1958 with Section 12, Madhya Pradesh Reorganisation Act, 2000, Madhya Pradesh Reorganisation Act, 2000 with Section 78, Madhya Pradesh Reorganisation Act, 2000 with Section 79, Ranjan Gogoi, S. Abdul Nazeer, Sales Tax Exemption, Sanjiv Khanna

Supreme Court Clarifies Sales Tax Exemption Post Madhya Pradesh Bifurcation Date of the Judgment: 09 July 2019 Citation: (2019) INSC 707 Judges: Ranjan Gogoi, CJI, S. Abdul Nazeer, J., Sanjiv Khanna, J. Can the benefit of sales tax exemption granted to industrial units in the erstwhile state of Madhya Pradesh continue to be availed in

Supreme Court settles Sales Tax Exemption dispute after Madhya Pradesh Reorganisation: State of Madhya Pradesh vs. Lafarge Dealers Association (2019) INSC 707 (09 July 2019) Read Post »

Supreme Court Clarifies Citizenship Determination Process in Assam: Abdul Kuddus vs. Union of India (2019)

May 17, 2019 / Citizenship Act, 1955, Citizenship Law, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 355, Deepak Gupta, Foreigners (Tribunals) Order, 1964, Foreigners Act, 1946, Foreigners Act, 1946 with Section 9, Judges, National Register of Citizens (NRC), Ranjan Gogoi, Sanjiv Khanna

Supreme Court Clarifies Citizenship Determination Process in Assam: Abdul Kuddus vs. Union of India (2019) Date of the Judgment: May 17, 2019 Citation: (2019) INSC 512 Judges: Ranjan Gogoi, CJI, Deepak Gupta, J., Sanjiv Khanna, J. Can a person declared a foreigner by a Foreigners Tribunal still claim citizenship under the National Register of Citizens

Supreme Court Clarifies Citizenship Determination Process in Assam: Abdul Kuddus vs. Union of India (2019) Read Post »

Supreme Court settles valuation of imported goods under Customs Act: Century Metal Recycling vs. Union of India (2019) INSC 481 (17 May 2019)

May 17, 2019 / Constitutional Law, Constitutional Law with Article 226, Customs Act, 1962, Customs Act, 1962 with Section 14, Customs Act, 1962 with Section 18, Customs Valuation Rules, 2007, Deepak Gupta, Judges, Ranjan Gogoi, Sanjiv Khanna

Supreme Court on Customs Valuation: Upholding Transaction Value in Aluminum Scrap Imports Can customs authorities reject the declared transaction value of imported goods without proper justification? The Supreme Court of India addressed this critical question in a case involving the import of aluminum scrap. The Court clarified the procedure for customs valuation, emphasizing the importance

Supreme Court settles valuation of imported goods under Customs Act: Century Metal Recycling vs. Union of India (2019) INSC 481 (17 May 2019) Read Post »

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale

May 10, 2019 / Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 15(b), Constitutional Law, Constitutional Law with Article 286, Declared Goods, Inter-State Trade, Judges, K.M. Joseph, Ranjan Gogoi, Sanjay Kishan Kaul

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale Date of the Judgment: May 10, 2019 Citation: 2019 INSC 458 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a state deny a refund of sales tax on raw materials when those materials are transformed

Supreme Court Upholds Reimbursement of Sales Tax on Coal Used to Make Coke for Inter-State Sale Read Post »

Supreme Court Upholds Interest on Differential Excise Duty: Steel Authority of India Ltd. vs. Commissioner of Central Excise, Raipur (2019)

May 8, 2019 / Central Excise Act, 1944, Central Excise Act, 1944 with Section 11AB, Central Excise Act, 1944 with Section 4, Central Excise Rules, 2002, Central Excise Rules, 2002 with Rule 7, Central Excise Rules, 2002 with Rule 8, Judges, K.M. Joseph, Ranjan Gogoi, Uday Umesh Lalit

Supreme Court Upholds Interest on Differential Excise Duty: Steel Authority of India Ltd. vs. Commissioner of Central Excise, Raipur (2019) LEGAL ISSUE: Whether interest is payable on differential excise duty with retrospective effect under Section 11AB of the Central Excise Act, 1944, when prices are revised due to an escalation clause. CASE TYPE: Central Excise

Supreme Court Upholds Interest on Differential Excise Duty: Steel Authority of India Ltd. vs. Commissioner of Central Excise, Raipur (2019) Read Post »

Supreme Court Closes Inquiry into Dabhol Power Project: Center of Indian Trade Unions vs. State of Maharashtra (2019)

April 11, 2019 / Accountability of the State, Commission of Inquiry Act, 1952, Deepak Gupta, Judges, Public Interest Litigation, Ranjan Gogoi, Sanjiv Khanna

Supreme Court Closes Inquiry into Dabhol Power Project: Center of Indian Trade Unions vs. State of Maharashtra (2019) LEGAL ISSUE: Accountability of the State and continuation of a judicial inquiry. CASE TYPE: Public Interest Litigation Case Name: Center of Indian Trade Unions vs. State of Maharashtra Judgment Date: April 11, 2019 Date of the Judgment:

Supreme Court Closes Inquiry into Dabhol Power Project: Center of Indian Trade Unions vs. State of Maharashtra (2019) Read Post »

Supreme Court allows review petition based on leaked documents: Yashwant Sinha vs. CBI (2019)

April 10, 2019 / Constitutional Law, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 123, Judges, K.M. Joseph, Official Secrets Act, 1923, Official Secrets Act, 1923 with Section 3, Official Secrets Act, 1923 with Section 5, Ranjan Gogoi, Right to Information Act, 2005, Right to Information Act, 2005 with Section 8(1)(a), Right to Information Act, 2005 with Section 8(2)

Supreme Court Allows Review Petition Based on Leaked Documents: Yashwant Sinha vs. CBI (2019) LEGAL ISSUE: Admissibility of leaked documents in a review petition and the extent of government privilege over such documents. CASE TYPE: Criminal Review Petition Case Name: Yashwant Sinha & Ors. vs. Central Bureau of Investigation Through Its Director & Anr. Judgment

Supreme Court allows review petition based on leaked documents: Yashwant Sinha vs. CBI (2019) Read Post »

Supreme Court Allows Review Petition Documents Despite Official Secrets Act Objections: Yashwant Sinha vs. CBI (2019)

April 10, 2019 / Constitutional Law, Constitutional Law with Article 19(1)(a), Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 123, Judges, K.M. Joseph, Official Secrets Act, 1923, Official Secrets Act, 1923 with Section 3, Official Secrets Act, 1923 with Section 5(1), Ranjan Gogoi, Right to Information Act, 2005, Right to Information Act, 2005 with Section 8(1)(a), Right to Information Act, 2005 with Section 8(2), Sanjay Kishan Kaul

Supreme Court Allows Review Petition Documents Despite Official Secrets Act Objections: Yashwant Sinha vs. CBI (2019) LEGAL ISSUE: Whether the Supreme Court can consider documents that were allegedly obtained in violation of the Official Secrets Act, 1923, for the purpose of a review petition. CASE TYPE: Criminal Review Case Name: Yashwant Sinha & Ors. vs.

Supreme Court Allows Review Petition Documents Despite Official Secrets Act Objections: Yashwant Sinha vs. CBI (2019) Read Post »