Sanjay Kishan Kaul

Supreme Court enhances compensation in motor accident case: Sureshchandra Bagmal Doshi vs. New India Assurance (2018)

/ Compensation Calculation, Constitutional Law, Constitutional Law with Article 14, Future Income Prospects, J. Chelameswar, Judges, Motor Accident Law, Motor Vehicles Act, 1988, Sanjay Kishan Kaul

Supreme Court enhances compensation in motor accident case: Sureshchandra Bagmal Doshi vs. New India Assurance (2018) LEGAL ISSUE: Determination of compensation in a motor accident claim, specifically regarding future income prospects and deductions for personal expenses. CASE TYPE: Motor Accident Compensation Case Name: Sureshchandra Bagmal Doshi & Anr. vs. The New India Assurance Company Limited […]

Supreme Court enhances compensation in motor accident case: Sureshchandra Bagmal Doshi vs. New India Assurance (2018) Read Post »

Supreme Court Clarifies Appointment of Chairperson in State Electricity Regulatory Commissions: State of Gujarat vs. Utility Users’ Welfare Association (2018)

/ Constitutional Law, Electricity Act, 2003, Electricity Act, 2003 with Section 84, Electricity Act, 2003 with Section 85, Electricity Act, 2003 with Section 86, J. Chelameswar, Judges, Judicial Review, Sanjay Kishan Kaul, Separation of Powers

Supreme Court Clarifies Appointment of Chairperson in State Electricity Regulatory Commissions: State of Gujarat vs. Utility Users’ Welfare Association (2018) Date of the Judgment: April 12, 2018 Citation: (2018) INSC 305 Judges: J. Chelameswar, J., Sanjay Kishan Kaul, J. Can a State Electricity Regulatory Commission be headed by a non-judicial member? The Supreme Court of

Supreme Court Clarifies Appointment of Chairperson in State Electricity Regulatory Commissions: State of Gujarat vs. Utility Users’ Welfare Association (2018) Read Post »

Supreme Court Orders Fresh Hearing in Land Dispute: Ashim Ranjan Das vs. Shibu Bodhak (2018)

/ Intermediary, J. Chelameswar, Judges, Principles of Natural Justice, Right to be Heard, Sanjay Kishan Kaul, Vesting of Estates, West Bengal Estate Acquisition Act, 1953, West Bengal Estate Acquisition Act, 1953 with Section 44(2a)

Supreme Court Orders Fresh Hearing in Land Dispute: Ashim Ranjan Das vs. Shibu Bodhak (2018) LEGAL ISSUE: Whether a land dispute case should be re-heard by the Land Tribunal for violation of natural justice CASE TYPE: Land Dispute Case Name: Ashim Ranjan Das (D) BY LRS. vs. Shibu Bodhak & ORS. [Judgment Date]: April 05,

Supreme Court Orders Fresh Hearing in Land Dispute: Ashim Ranjan Das vs. Shibu Bodhak (2018) Read Post »

Prior Sanction for Corruption Investigation: Supreme Court refers the matter to a larger bench in Manju Surana vs. Sunil Arora (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156, Code of Criminal Procedure, 1973 with Section 190, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, J. Chelameswar, Judges, Offences under Prevention of Corruption Act, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 19, Sanction for Prosecution, Sanjay Kishan Kaul

Supreme Court on Prior Sanction for Corruption Investigation: Manju Surana vs. Sunil Arora (2018) LEGAL ISSUE: Whether prior sanction is required for initiating an investigation against a public servant under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for offences under the Prevention of Corruption Act, 1988 (PC Act). CASE TYPE: Criminal Law,

Prior Sanction for Corruption Investigation: Supreme Court refers the matter to a larger bench in Manju Surana vs. Sunil Arora (2018) Read Post »

Supreme Court Clarifies Driving License Validity in Motor Accident Claims: Compaq International vs. Bajaj Allianz (2018)

/ J. Chelameswar, Judges, Motor Accident Claims, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 14, Sanjay Kishan Kaul

Supreme Court Clarifies Driving License Validity in Motor Accident Claims: Compaq International vs. Bajaj Allianz (2018) LEGAL ISSUE: Validity of a driving license in motor accident claims. CASE TYPE: Motor Accident Claim, Consumer Dispute Case Name: Compaq International & Anr. vs. Bajaj Allianz General Insurance Company Ltd. & Anr. [Judgment Date]: March 27, 2018 Date

Supreme Court Clarifies Driving License Validity in Motor Accident Claims: Compaq International vs. Bajaj Allianz (2018) Read Post »

Supreme Court Clarifies Maritime Claims Against Chartered Vessels: Sunil B. Naik vs. Geowa Ve Commander (2018)

/ Admiralty Law, Admiralty Law with Section 5(b), Arrest of Ships, Charter Party Agreement, Contract Law, J. Chelameswar, Judges, Maritime Claims, Sanjay Kishan Kaul

Supreme Court Clarifies Maritime Claims Against Chartered Vessels: Sunil B. Naik vs. Geowa Ve Commander (2018) LEGAL ISSUE: Whether a maritime claim can be maintained against a ship owned by a third party when the claim arises from a contract with the charterer of the ship. CASE TYPE: Admiralty Law. Case Name: Sunil B. Naik

Supreme Court Clarifies Maritime Claims Against Chartered Vessels: Sunil B. Naik vs. Geowa Ve Commander (2018) Read Post »

Supreme Court Upholds Kerala High Court Decision on Election Petition: Abdulrasakh vs. K.P. Mohammed & Ors. (2018)

/ Corrupt Practices, J. Chelameswar, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 123(4), Representation of the People Act, 1951 with Section 81, Sanjay Kishan Kaul

Supreme Court Upholds Kerala High Court Decision on Election Petition: Abdulrasakh vs. K.P. Mohammed & Ors. (2018) LEGAL ISSUE: Whether an election petition was filed within the limitation period and whether minor defects in the petition can be cured after the limitation period. CASE TYPE: Election Law Case Name: Abdulrasakh vs. K.P. Mohammed & Ors.

Supreme Court Upholds Kerala High Court Decision on Election Petition: Abdulrasakh vs. K.P. Mohammed & Ors. (2018) Read Post »

Supreme Court settles the procedure for execution of arbitral awards: Sundaram Finance vs. Abdul Samad (15 February 2018)

/ Arbitration & Conciliation Act, 1996, Arbitration & Conciliation Act, 1996 with Section 2(e), Arbitration & Conciliation Act, 1996 with Section 36(1), Arbitration & Conciliation Act, 1996 with Section 42, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI, Rule 6, Code of Civil Procedure, 1908 with Section 38, Code of Civil Procedure, 1908 with Section 39, J. Chelameswar, Judges, Sanjay Kishan Kaul

Supreme Court Clarifies Execution of Arbitration Awards Across India: Sundaram Finance vs. Abdul Samad (2018) Date of the Judgment: 15 February 2018 Citation: (2018) INSC 124 Judges: J. Chelameswar, Sanjay Kishan Kaul Can an arbitral award be executed directly in a court where the assets are located, or does it need to be first filed

Supreme Court settles the procedure for execution of arbitral awards: Sundaram Finance vs. Abdul Samad (15 February 2018) Read Post »

Supreme Court Upholds Fine, Sets Aside Demolition Order in Coastal Zone Dispute: Kerala State Coastal Management Authority vs. DLF Universal Limited (2018)

/ Coastal Regulation Zone, Coastal Regulation Zone Norms, Coastal Regulation Zone with CRZ II, Environment Protection Act, 1986, Environment Protection Act, 1986 with Section 3, Environment Protection Rules, 1986, Judges, Rohinton Fali Nariman, Sanjay Kishan Kaul

Supreme Court Upholds Fine, Sets Aside Demolition Order in Coastal Zone Dispute: Kerala State Coastal Management Authority vs. DLF Universal Limited (2018) LEGAL ISSUE: Whether a building constructed in violation of Coastal Regulation Zone (CRZ) norms should be demolished or if a fine can be imposed for regularization. CASE TYPE: Environmental Law, Coastal Regulation Case

Supreme Court Upholds Fine, Sets Aside Demolition Order in Coastal Zone Dispute: Kerala State Coastal Management Authority vs. DLF Universal Limited (2018) Read Post »

Central Government’s Power to Prohibit Drugs Upheld: Supreme Court Interprets Section 26A of the Drugs and Cosmetics Act, 1940 (15 December 2017)

/ Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Section 26A, Drugs Technical Advisory Board (DTAB), Judges, R.F. Nariman, Sanjay Kishan Kaul

Can the Central Government ban a drug without consulting the Drugs Technical Advisory Board (DTAB)? The Supreme Court of India recently addressed this critical question regarding the interpretation of Section 26A of the Drugs and Cosmetics Act, 1940. This case examines the extent of the Central Government’s power to regulate drugs in the interest of

Central Government’s Power to Prohibit Drugs Upheld: Supreme Court Interprets Section 26A of the Drugs and Cosmetics Act, 1940 (15 December 2017) Read Post »

Supreme Court Upholds Arbitrator’s Award in Construction Contract Dispute: Sutlej Construction vs. Union Territory of Chandigarh (2017)

/ Arbitration & Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, J. Chelameswar, Judges, Sanjay Kishan Kaul

LEGAL ISSUE: Whether the High Court can re-appreciate evidence to overturn an arbitrator’s award. CASE TYPE: Arbitration Law Case Name: Sutlej Construction vs. Union Territory of Chandigarh [Judgment Date]: December 05, 2017 Introduction Date of the Judgment: December 05, 2017 Citation: (2017) INSC 1070 Judges: J. Chelameswar and Sanjay Kishan Kaul, JJ. Can a High

Supreme Court Upholds Arbitrator’s Award in Construction Contract Dispute: Sutlej Construction vs. Union Territory of Chandigarh (2017) Read Post »

Supreme Court Clarifies Applicability of Tax Circulars: Revenue Appeals Dismissed (23 November 2017)

/ Income Tax Act, 1961, Income Tax Act, 1961 with Section 268A, Judges, National Litigation Policy, Rohinton Fali Nariman, Sanjay Kishan Kaul, Tax Appeals

Date of the Judgment: 23 November 2017 Citation: 2017 INSC 1041 Judges: Rohinton Fali Nariman, J., Sanjay Kishan Kaul, J. Can the Income Tax Department apply new circulars about tax limits to old cases? The Supreme Court of India addressed this important question in a judgment. The court clarified that circulars issued by the Income

Supreme Court Clarifies Applicability of Tax Circulars: Revenue Appeals Dismissed (23 November 2017) Read Post »

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