S. Ravindra Bhat Archives

Supreme Court Clarifies Collective Investment Scheme Regulations for Trusts: OSIANS CONNOISSEURS OF ART PVT. LTD. vs. SEBI (2020)

February 12, 2020 / Collective Investment Scheme, Judges, R. F. Nariman, S. Ravindra Bhat, SEBI (Collective Investment Scheme) Regulations, 1999, Securities Law, Securities Law with Section 11AA, Trust Law, V. Ramasubramanian

Supreme Court Clarifies Collective Investment Scheme Regulations for Trusts: OSIANS CONNOISSEURS OF ART PVT. LTD. vs. SEBI (2020) LEGAL ISSUE: Whether a trust operating a collective investment scheme is subject to the regulations of the Securities and Exchange Board of India (SEBI). CASE TYPE: Securities Law/Collective Investment Scheme Case Name: OSIANS CONNOISSEURS OF ART PVT. […]

Supreme Court Clarifies Collective Investment Scheme Regulations for Trusts: OSIANS CONNOISSEURS OF ART PVT. LTD. vs. SEBI (2020) Read Post »

Supreme Court restricts asset freezing under Section 241 of the Companies Act: Usha Ananthasubramanian vs. Union of India (2020)

February 12, 2020 / Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 337, Companies Act, 2013 with Section 339, Judges, R.F. Nariman, S. Ravindra Bhat, V. Ramasubramanian

Supreme Court Restricts Asset Freezing Under Companies Act: Usha Ananthasubramanian vs. Union of India (2020) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) can freeze the assets of a person under Section 241 of the Companies Act, 2013, for alleged mismanagement in a company other than the one they are directly associated with. CASE

Supreme Court restricts asset freezing under Section 241 of the Companies Act: Usha Ananthasubramanian vs. Union of India (2020) Read Post »

Supreme Court clarifies High Court’s power in Customs Reference Cases: Commissioner of Customs vs. Adani Exports (2020)

February 11, 2020 / Customs Act, 1962, Customs Act, 1962 with Section 130A, Customs Appellate Tribunal, High Court, Judges, Rohinton Fali Nariman, S. Ravindra Bhat, V. Ramasubramanian

Supreme Court clarifies High Court’s power in Customs Reference Cases Date of the Judgment: February 11, 2020 Citation: (2020) INSC 121 Judges: Rohinton Fali Nariman, J., S. Ravindra Bhat, J., V. Ramasubramanian, J. Can a High Court refuse to call for a statement from the Customs Appellate Tribunal when a reference application is made? The

Supreme Court clarifies High Court’s power in Customs Reference Cases: Commissioner of Customs vs. Adani Exports (2020) Read Post »

Supreme Court Upholds SC/ST Act Amendments, Clarifies Anticipatory Bail

February 10, 2020 / Anticipatory Bail, Arun Mishra, Code of Criminal Procedure, Code of Criminal Procedure with Section 438, Code of Criminal Procedure with Section 482, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 15, Constitutional Law with Article 21, Judges, S. Ravindra Bhat, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 18, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 18A

Supreme Court Upholds SC/ST Act Amendments, Clarifies Anticipatory Bail LEGAL ISSUE: Validity of amendments to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the extent of the bar on anticipatory bail. CASE TYPE: Criminal Law, Constitutional Law Case Name: Prathvi Raj Chauhan vs. Union of India & Ors. [Judgment Date]: 10

Supreme Court Upholds SC/ST Act Amendments, Clarifies Anticipatory Bail Read Post »

Supreme Court acquits accused in attempted murder case due to lack of common intention: Chhota Ahirwar vs. State of Madhya Pradesh (6 February 2020)

February 6, 2020 / Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 34, Indira Banerjee, Judges, Offences Against Human Body, S. Ravindra Bhat

Supreme Court acquits accused in attempted murder case due to lack of common intention: Chhota Ahirwar vs. State of Madhya Pradesh (2020) LEGAL ISSUE: Whether the accused could be held guilty of attempt to murder with the aid of Section 34 of the Indian Penal Code, 1860, based on common intention. CASE TYPE: Criminal Case

Supreme Court acquits accused in attempted murder case due to lack of common intention: Chhota Ahirwar vs. State of Madhya Pradesh (6 February 2020) Read Post »

Supreme Court Upholds Land Acquisition Challenge Based on Precedent: Union of India vs. Gopaldas Bhagwan Das (2020)

February 4, 2020 / Judges, Land Acquisition, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4(1), R. F. Nariman, S. Ravindra Bhat, Supreme Court Judgments, Supreme Court Judgments with Kulsum R. Nadiadwala, V. Ramasubramanian

Supreme Court Upholds Land Acquisition Challenge Based on Precedent: Union of India vs. Gopaldas Bhagwan Das (2020) LEGAL ISSUE: Whether a prior judgment of the Supreme Court striking down a land acquisition notification applies to similarly situated parties, despite a delay in filing a challenge. CASE TYPE: Land Acquisition Case Name: Union of India &

Supreme Court Upholds Land Acquisition Challenge Based on Precedent: Union of India vs. Gopaldas Bhagwan Das (2020) Read Post »

Supreme Court Directs PCI to Recognize Past Admissions of Shirpur Education Society in Pharmacy Courses (31 January 2020)

January 31, 2020 / Constitutional Law, Constitutional Law with Article 19(1)(g), Education Law, Education Law with All India Council for Technical Education Act, 1987, Judges, Pharmacy Education, R.F. Nariman, S. Ravindra Bhat, Technical Education

Supreme Court Directs PCI to Recognize Past Admissions of Shirpur Education Society Date of the Judgment: 31 January 2020 Citation: [Not Available in Source] Judges: Justice R.F. Nariman and Justice S. Ravindra Bhat Can a regulatory body reduce the student intake of an existing educational institution? The Supreme Court of India recently addressed this question

Supreme Court Directs PCI to Recognize Past Admissions of Shirpur Education Society in Pharmacy Courses (31 January 2020) Read Post »

Anticipatory Bail: Supreme Court Defines Scope and Duration Under Section 438 CrPC (29 January 2020)

January 29, 2020 / Arun Mishra, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 437, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 439, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indira Banerjee, Judges, M.R. Shah, S. Ravindra Bhat, Vineet Saran

Supreme Court Clarifies the Scope of Anticipatory Bail Under Section 438 CrPC LEGAL ISSUE: Scope and duration of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case Name: Sushila Aggarwal and others vs. State (NCT of Delhi) and another [Judgment Date]: 29 January 2020 Introduction Date of

Anticipatory Bail: Supreme Court Defines Scope and Duration Under Section 438 CrPC (29 January 2020) Read Post »

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020)

January 20, 2020 / Admissibility of Evidence, Benami Transactions (Prohibition) Act, 1988, Benami Transactions (Prohibition) Act, 1988 with Section 3, Benami Transactions (Prohibition) Act, 1988 with Section 4, Evidence Act, Indira Banerjee, Judges, Prohibition of Benami Transactions, S. Ravindra Bhat

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020) LEGAL ISSUE: Whether a plea of benami transaction can be used to avoid repayment of a loan. CASE TYPE: Civil (Loan Recovery). Case Name: M/S Fair Communication and Consultants & Anr. vs. Surendra Kerdile. Judgment Date: 20 January 2020

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020) Read Post »

Supreme Court Orders Reinstatement with Modified Pay for KVS Employee: Mangilal Kajodia vs. Union of India (2020)

January 8, 2020 / CCS Conduct Rules 1964, CCS Conduct Rules 1964 with Rule 7(ii), Joining Time Rules, Judges, Kendriya Vidyalaya Sangathan, R.F. Nariman, Reinstatement of Employees, S. Ravindra Bhat, Service Law

Supreme Court Orders Reinstatement with Modified Pay for KVS Employee: Mangilal Kajodia vs. Union of India (2020) LEGAL ISSUE: Whether an employee of Kendriya Vidyalaya Sangathan (KVS) can be removed from service for not joining a transfer location, and what relief can be granted if the removal is deemed too harsh. CASE TYPE: Service Law

Supreme Court Orders Reinstatement with Modified Pay for KVS Employee: Mangilal Kajodia vs. Union of India (2020) Read Post »

Supreme Court Orders Refund of Excess Spectrum Charges: Union of India vs. Reliance Communication Limited (2020)

January 7, 2020 / Breach of contract, Contract Law, Execution of Contract, Judges, R.F. Nariman, S. Ravindra Bhat, Spectrum Auction, Telecom Law, Telecom Law with Clause 4.5b(ix) of NIA 2013, Telecom Law with Clause 4.5b(x) of NIA 2015, Unjust Enrichment

Supreme Court Orders Refund of Excess Spectrum Charges: Union of India vs. Reliance Communication Limited (2020) LEGAL ISSUE: Whether the Union of India can withhold excess amounts realized from the encashment of bank guarantees after the licensee has furnished fresh guarantees for the same liability. CASE TYPE: Telecom/Contract Law Case Name: Union of India vs.

Supreme Court Orders Refund of Excess Spectrum Charges: Union of India vs. Reliance Communication Limited (2020) Read Post »

Supreme Court quashes indefinite ban on pharmaceutical supplier: M/S Daffodills Pharmaceuticals Ltd. vs. State of U.P. (2019)

December 13, 2019 / Contract Law, Judges, Principles of Natural Justice, Public Procurement, R. F. Nariman, S. Ravindra Bhat, Writ Jurisdiction, Writ Jurisdiction with Article 226

Supreme Court quashes indefinite ban on pharmaceutical supplier: M/S Daffodills Pharmaceuticals Ltd. vs. State of U.P. (2019) LEGAL ISSUE: Whether a state government can indefinitely ban a pharmaceutical supplier without a prior hearing based on a criminal case against a former director. CASE TYPE: Contract Law, Public Procurement, Writ Jurisdiction Case Name: M/S Daffodills Pharmaceuticals

Supreme Court quashes indefinite ban on pharmaceutical supplier: M/S Daffodills Pharmaceuticals Ltd. vs. State of U.P. (2019) Read Post »