Sanjay Kishan Kaul

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance Special Voluntary Retired/Retired Employees Association vs. United India Insurance Co. Ltd. (26 October 2018)

/ Judges, Kurian Joseph, Pension Law, Pension Law with General Insurance (Employees) Pension Scheme, 1995, Pension Scheme, Sanjay Kishan Kaul, Service Law, Service Law with Section 17-A of the General Insurance Business (Nationalisation) Act, 1972, Voluntary Retirement Scheme

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance Special Voluntary Retired/Retired Employees Association vs. United India Insurance Co. Ltd. (2018) LEGAL ISSUE: Whether employees who opted for a Special Voluntary Retirement Scheme (SVRS) are entitled to an additional notional benefit of five years of service for pension calculation, […]

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance Special Voluntary Retired/Retired Employees Association vs. United India Insurance Co. Ltd. (26 October 2018) Read Post »

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance vs. United India Insurance (26 October 2018)

/ General Insurance (Employees) Pension Scheme, 1995, General Insurance Business (Nationalisation) Act, 1972, General Insurance Business (Nationalisation) Act, 1972 with Section 17-A, Judges, Kurian Joseph, Pension Law, Sanjay Kishan Kaul, Service Law, Voluntary Retirement Scheme

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance vs. United India Insurance (2018) LEGAL ISSUE: Whether employees who opted for the Special Voluntary Retirement Scheme (SVRS) 2004 are entitled to the notional five-year service benefit under the General Insurance (Employees) Pension Scheme, 1995. CASE TYPE: Service Law Case

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance vs. United India Insurance (26 October 2018) Read Post »

Supreme Court settles the exclusion of additional service benefits in voluntary retirement schemes: National Insurance Special Voluntary Retired/Retired Employees Association & Anr. vs. United India Insurance Co. Ltd. & Anr. (26 October 2018)

/ General Insurance (Employees) Pension Scheme, 1995, General Insurance Business (Nationalisation) Act, 1972, General Insurance Business (Nationalisation) Act, 1972 with Section 17-A, Judges, Kurian Joseph, Pension Scheme, Sanjay Kishan Kaul, Special Voluntary Retirement Scheme, 2004, Voluntary Retirement Scheme

Supreme Court Upholds Exclusion of Additional Service Benefit in Voluntary Retirement Scheme Date of the Judgment: 26 October 2018 Citation: 2018 INSC 944 Judges: Kurian Joseph, J., Sanjay Kishan Kaul, J. Can employees who opt for a special voluntary retirement scheme (SVRS) claim additional benefits from a previous pension scheme, despite explicit exclusions in the

Supreme Court settles the exclusion of additional service benefits in voluntary retirement schemes: National Insurance Special Voluntary Retired/Retired Employees Association & Anr. vs. United India Insurance Co. Ltd. & Anr. (26 October 2018) Read Post »

Supreme Court Enhances Compensation for Pomegranate Trees in Land Acquisition Cases: Pattipati Venkateswarlu Naidu vs. The Special Deputy Collector (L.A.) (27 September 2018)

/ Civil Procedure, Compensation, Condonation of Delay, Delay Condonation, Judges, Kurian Joseph, Land Acquisition, Pomegranate Trees Compensation, Sanjay Kishan Kaul

Supreme Court Enhances Compensation for Pomegranate Trees in Land Acquisition Cases (2018) Date of the Judgment: 27 September 2018 Citation: (2018) INSC 879 Judges: Kurian Joseph, J. and Sanjay Kishan Kaul, J. Can claimants receive enhanced compensation for acquired land even after a delay in approaching the court? The Supreme Court addressed this question while

Supreme Court Enhances Compensation for Pomegranate Trees in Land Acquisition Cases: Pattipati Venkateswarlu Naidu vs. The Special Deputy Collector (L.A.) (27 September 2018) Read Post »

Supreme Court Upholds Disclosure of Building Plans Under RTI Act: Ferani Hotels vs. State Information Commissioner (27 September 2018)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 74, Judges, Kurian Joseph, Public Documents, Right to Information Act, 2005, Right to Information Act, 2005 with Section 22, Right to Information Act, 2005 with Section 8, Sanjay Kishan Kaul

Supreme Court Upholds Disclosure of Building Plans Under RTI Act: Ferani Hotels vs. State Information Commissioner (2018) LEGAL ISSUE: Whether building plans submitted to public authorities by a developer can be disclosed under the Right to Information Act, 2005. CASE TYPE: Right to Information Law Case Name: Ferani Hotels Pvt. Ltd. vs. The State Information

Supreme Court Upholds Disclosure of Building Plans Under RTI Act: Ferani Hotels vs. State Information Commissioner (27 September 2018) Read Post »

Supreme Court allows challenge to M.P. Education Rules Amendment: Archana Rathore vs. State of Madhya Pradesh (26 September 2018)

/ Judges, Kurian Joseph, M.P. Education Service Rules, Sanjay Kishan Kaul, Service Law, Service Law with Amendment

Supreme Court allows challenge to M.P. Education Rules Amendment: Archana Rathore vs. State of Madhya Pradesh (2018) LEGAL ISSUE: Whether the High Court’s order upholding the amendment to the M.P. Education Service Rules should prevent the appellants from challenging subsequent amendments. CASE TYPE: Service Law. Case Name: Archana Rathore and Ors. vs. State of Madhya

Supreme Court allows challenge to M.P. Education Rules Amendment: Archana Rathore vs. State of Madhya Pradesh (26 September 2018) Read Post »

Supreme Court Upholds Reciprocal Agreement for Bus Permits: Ambala Bus Syndicate vs. Chandigarh Administration (26 September 2018)

/ Judges, Kurian Joseph, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 66, Motor Vehicles Act, 1988 with Section 88, Motor Vehicles Act, 1988 with Section 98, Sanjay Kishan Kaul

Supreme Court Upholds Reciprocal Agreement for Bus Permits: Ambala Bus Syndicate vs. Chandigarh Administration (2018) Date of the Judgment: 26 September 2018 Citation: 2018 INSC 848 Judges: Justice Kurian Joseph and Justice Sanjay Kishan Kaul Can a unilateral scheme override a bilateral reciprocal agreement between states regarding bus permits? The Supreme Court of India recently

Supreme Court Upholds Reciprocal Agreement for Bus Permits: Ambala Bus Syndicate vs. Chandigarh Administration (26 September 2018) Read Post »

Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018)

/ Adequate Representation, Constitutional Law, Constitutional Law with Article 16, Constitutional Law with Article 341, Dipak Misra, Fundamental Rights, Indu Malhotra, Judges, Kurian Joseph, R.F. Nariman, Reservation in Promotions, Sanjay Kishan Kaul, Service Law

Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018) LEGAL ISSUE: Whether the state needs to collect quantifiable data on the backwardness of Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation in promotions. CASE TYPE: Service Law, Constitutional Law Case Name: Jarnail Singh & Others vs. Lachhmi

Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018) Read Post »

Supreme Court Enhances Land Compensation for NOIDA Industrial Development: Nanak (Deceased) vs. New Okhla Industrial Development Authority (2018)

/ Compensation, Judges, Kurian Joseph, Land Acquisition, Sanjay Kishan Kaul

Supreme Court Enhances Land Compensation for NOIDA Industrial Development LEGAL ISSUE: Determination of fair compensation for land acquisition. CASE TYPE: Land Acquisition. Case Name: Nanak (Deceased) Through Lrs vs. New Okhla Industrial Development Authority & Anr. [Judgment Date]: 26 September 2018 Introduction Date of the Judgment: 26 September 2018 Citation: Civil Appeal No(s). 10013 of

Supreme Court Enhances Land Compensation for NOIDA Industrial Development: Nanak (Deceased) vs. New Okhla Industrial Development Authority (2018) Read Post »

Supreme Court Orders Reinstatement Despite Qualification Issue: Mamta Rohit vs. Dr. Prafulla Ranjan (26 September 2018)

/ Appointment, Judges, Kurian Joseph, Reinstatement, Sanjay Kishan Kaul, Service Law, Termination

Supreme Court Orders Reinstatement Despite Qualification Issue: Mamta Rohit vs. Dr. Prafulla Ranjan (2018) LEGAL ISSUE: Whether an appointment can be cancelled due to a lack of required qualifications after the appointee has joined, served, and been confirmed, especially when the appointing authority relaxed the qualification criteria. CASE TYPE: Service Law Case Name: Mamta Rohit

Supreme Court Orders Reinstatement Despite Qualification Issue: Mamta Rohit vs. Dr. Prafulla Ranjan (26 September 2018) Read Post »

Supreme Court clarifies the scope of Rule 39 of Kerala Service Rules in Promotion Matters: Anil Kumar P.P. vs. State of Kerala (25 September 2018)

/ Judges, Kerala State and Subordinate Services Rules, Kurian Joseph, Promotion Matters, Rule 39, Sanjay Kishan Kaul, Service Law, Service Rules

Supreme Court on Relaxation of Service Rules for Promotion: Anil Kumar P.P. vs. State of Kerala (2018) Date of the Judgment: 25 September 2018 Citation: Civil Appeal No(s). 9954-9955 of 2018 (Arising out of SLP(C) No. 7378-7379 of 2017) Judges: Kurian Joseph J., Sanjay Kishan Kaul J. Can the government exempt an employee from mandatory

Supreme Court clarifies the scope of Rule 39 of Kerala Service Rules in Promotion Matters: Anil Kumar P.P. vs. State of Kerala (25 September 2018) Read Post »

Supreme Court Disposes of Property Dispute Based on Amicable Settlement: C. Kannan & Ors. vs. M. Jayakumari & Anr. (25 September 2018)

/ Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXIII, Judges, Kurian Joseph, Property Disputes, Sanjay Kishan Kaul, Settlement

Date of the Judgment: 25 September 2018 Judges: Kurian Joseph, J. and Sanjay Kishan Kaul, J. Can parties resolve their disputes outside of court? The Supreme Court of India recently addressed this question in a property dispute case, where the parties reached an amicable settlement. This judgment highlights the importance of alternative dispute resolution methods

Supreme Court Disposes of Property Dispute Based on Amicable Settlement: C. Kannan & Ors. vs. M. Jayakumari & Anr. (25 September 2018) Read Post »

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