Rohinton Fali Nariman Archives

Supreme Court Upholds Coastal Zone Regulations in Kerala Backwater Island Resort Case: Kapico Kerala Resorts Pvt. Ltd. vs. State of Kerala (2020)

January 10, 2020 / Aniruddha Bose, Coastal Regulation Zone, Encroachments, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with CRZ Notification 1991, Environment (Protection) Act, 1986 with CRZ Notification 2011, Judges, Kerala Land Conservancy Act, 1957, Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court Upholds Coastal Zone Regulations in Kerala Backwater Island Resort Case Date of the Judgment: January 10, 2020 Citation: (2020) INSC 12 Judges: Rohinton Fali Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a resort be constructed on a backwater island in Kerala, despite Coastal Regulation Zone (CRZ) restrictions? The Supreme Court of […]

Supreme Court Upholds Coastal Zone Regulations in Kerala Backwater Island Resort Case: Kapico Kerala Resorts Pvt. Ltd. vs. State of Kerala (2020) Read Post »

Supreme Court clarifies the scope of arbitration under the Electricity Act in a dispute between a licensee and consumer: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019)

December 4, 2019 / Aniruddha Bose, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Dispute Resolution, Electricity Act, 2003, Electricity Act, 2003 with Section 42, Electricity Act, 2003 with Section 86, Judges, Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court Clarifies Arbitration Scope under Electricity Act: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Date of the Judgment: December 04, 2019 Citation: 2019 INSC 1148 Judges: Rohinton Fali Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a dispute between a power distribution company and a consumer be resolved through arbitration under the

Supreme Court clarifies the scope of arbitration under the Electricity Act in a dispute between a licensee and consumer: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Read Post »

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019)

December 3, 2019 / Aniruddha Bose, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 8A(6), Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a High Court can interfere with an order passed by the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC), when there is a statutory remedy

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019) Read Post »

Supreme Court Upholds Death Penalty in Child Rape and Murder Case: Manoharan vs. State (2019)

November 7, 2019 / Code of Criminal Procedure, Code of Criminal Procedure with Section 163, Code of Criminal Procedure with Section 164, Constitutional Law, Constitutional Law with Article 20, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, Indian Evidence Act with Section 24, Indian Evidence Act with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Judges, Offences Against Human Body, Rohinton Fali Nariman, Sanjiv Khanna, Surya Kant

Supreme Court Upholds Death Penalty in Child Rape and Murder Case: Manoharan vs. State (2019) LEGAL ISSUE: Review of death penalty in a case involving rape and murder of children. CASE TYPE: Criminal Law Case Name: Manoharan vs. State by Inspector of Police [Judgment Date]: 7th November 2019 Introduction Date of the Judgment: 7th November

Supreme Court Upholds Death Penalty in Child Rape and Murder Case: Manoharan vs. State (2019) Read Post »

Supreme Court Clarifies Order on Organized Group ‘A’ Central Services for CAPFs: Union of India vs. Sri Harananda (2019)

October 18, 2019 / Central Armed Police Forces (CAPFs), Indian Police Service (IPS), Judges, M.R. Shah, Organized Group 'A' Central Services, Rohinton Fali Nariman, Service Law

Supreme Court Clarifies Order on Organized Group ‘A’ Central Services for CAPFs: Union of India vs. Sri Harananda (2019) LEGAL ISSUE: Clarification of an earlier order regarding the grant of Organized Group ‘A’ Central Services to Central Armed Police Forces (CAPFs) and its impact on the deputation rights of Indian Police Service (IPS) officers. CASE

Supreme Court Clarifies Order on Organized Group ‘A’ Central Services for CAPFs: Union of India vs. Sri Harananda (2019) Read Post »

Supreme Court Upholds Death Penalty in Gruesome Child Sacrifice Case: Ishwari Lal Yadav vs. State of Chhattisgarh (2019)

October 3, 2019 / Burden of Proof, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, R. Subhash Reddy, Rohinton Fali Nariman, Surya Kant

Supreme Court Upholds Death Penalty in Gruesome Child Sacrifice Case: Ishwari Lal Yadav vs. State of Chhattisgarh (2019) LEGAL ISSUE: Whether the death penalty should be upheld in cases of gruesome murder of children for human sacrifice. CASE TYPE: Criminal Law Case Name: Ishwari Lal Yadav vs. State of Chhattisgarh Judgment Date: 03 October 2019

Supreme Court Upholds Death Penalty in Gruesome Child Sacrifice Case: Ishwari Lal Yadav vs. State of Chhattisgarh (2019) Read Post »

Supreme Court Intervention in Society Dispute: Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society (2019)

October 3, 2019 / Appellate Remedies, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLIII, Rule 1(r), Code of Civil Procedure, 1908 with Section 104(1)(i), Constitutional Law, Constitutional Law with Article 227, Judges, Rohinton Fali Nariman, Supervisory Jurisdiction, V. Ramasubramanian

Supreme Court Intervention in Society Dispute: Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society (2019) LEGAL ISSUE: The maintainability of a revision petition under Article 227 of the Constitution of India when an appeal remedy is available under the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Virudhunagar Hindu Nadargal Dharma

Supreme Court Intervention in Society Dispute: Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society (2019) Read Post »

Supreme Court Commutes Death Sentence in Child Rape and Murder Case: Ravishankar vs. State of Madhya Pradesh (2019)

October 3, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 354(3), Code of Criminal Procedure, 1973 with Section 366, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376-A, Judges, R. Subhash Reddy, Rohinton Fali Nariman, Surya Kant

Supreme Court Commutes Death Sentence in Child Rape and Murder Case: Ravishankar vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Whether the death penalty should be upheld in a case of child rape and murder based on circumstantial evidence. CASE TYPE: Criminal Law Case Name: Ravishankar @ Baba Vishwakarma vs. The State of Madhya Pradesh

Supreme Court Commutes Death Sentence in Child Rape and Murder Case: Ravishankar vs. State of Madhya Pradesh (2019) Read Post »

Supreme Court clarifies the limited scope of Section 11(6A) of the Arbitration and Conciliation Act in appointment of arbitrators: M/S Mayavti Trading Pvt. Ltd. vs. Pradyuat Deb Burman (05 September 2019)

September 5, 2019 / Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Judges, Judicial Intervention in Arbitration, R. Subhash Reddy, Rohinton Fali Nariman, Surya Kant

Supreme Court Clarifies Scope of Section 11(6A) of Arbitration Act: Mayavti Trading vs. Pradyuat Deb Burman (2019) Date of the Judgment: 05 September 2019 Citation: M/S Mayavti Trading Pvt. Ltd. vs. Pradyuat Deb Burman, Civil Appeal No.7023 of 2019 (Arising out of SLP (Civil) No. 8519 of 2019) Judges: Rohinton Fali Nariman, J., R. Subhash

Supreme Court clarifies the limited scope of Section 11(6A) of the Arbitration and Conciliation Act in appointment of arbitrators: M/S Mayavti Trading Pvt. Ltd. vs. Pradyuat Deb Burman (05 September 2019) Read Post »

Supreme Court Clarifies Compensation Under National Highways Act: Union of India vs. Balwant Singh (2019)

September 3, 2019 / Arbitration and Conciliation Act, 1996, Arbitration Law, Judges, Land Acquisition Act, Land Acquisition Act with Section 25, National Highways Act, National Highways Act with Section 3G(5), Rohinton Fali Nariman, Surya Kant

Supreme Court Clarifies Compensation Under National Highways Act: Union of India vs. Balwant Singh (2019) Date of the Judgment: September 03, 2019 Citation: Civil Appeal Nos. 6981-6982 of 2019 (Arising out of SLP (C) Nos. 10200-10201/2019) with Civil Appeal Nos. 6983-6984 of 2019 (Arising out of SLP (C) Nos. 11117-11118/2019) Judges: Justice Rohinton Fali Nariman

Supreme Court Clarifies Compensation Under National Highways Act: Union of India vs. Balwant Singh (2019) Read Post »

Supreme Court clarifies limitation period for IBC applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019)

September 2, 2019 / Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 23, Rohinton Fali Nariman, Surya Kant

Supreme Court on Limitation for IBC Applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019) LEGAL ISSUE: Applicability of the Limitation Act to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd & Anr. Judgment Date: 02

Supreme Court clarifies limitation period for IBC applications: Vashdeo R Bhojwani vs. Abhyudaya Co-operative Bank Ltd (2019) Read Post »

Contempt of Court: Supreme Court Addresses Misconduct by Advocate Mathews Nedumpara (27 March 2019)

March 27, 2019 / Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 14(1), Contempt of Courts Act, 1971 with Section 14(2), Criminal Procedure Code, Criminal Procedure Code with Section 479, Indian Penal Code, Indian Penal Code with Section 120(b), Indian Penal Code with Section 218, Judges, Rohinton Fali Nariman, Vineet Saran

Supreme Court Addresses Contempt of Court by Advocate Mathews Nedumpara (27 March 2019) LEGAL ISSUE: Contempt of Court Proceedings and punishment for misconduct by an Advocate. CASE TYPE: Contempt of Court Case Name: IN RE: MR. MATHEWS NEDUMPARA Judgment Date: 27 March 2019 Introduction Date of the Judgment: 27 March 2019 Citation: Suo Motu Contempt

Contempt of Court: Supreme Court Addresses Misconduct by Advocate Mathews Nedumpara (27 March 2019) Read Post »