Sanjay Kishan Kaul

Supreme Court Upholds Right to Sue for Declaration of Marital Status: Samar Kumar Roy vs. Jharna Bera (2017)

LEGAL ISSUE: Can a legal heir continue a suit for declaration of marital status after the death of the original plaintiff? CASE TYPE: Civil Law, Specific Relief Case Name: Samar Kumar Roy (D) Through LR (Mother) vs. Jharna Bera Judgment Date: 05 September 2017 Date of the Judgment: 05 September 2017 Citation: (2017) INSC 790 […]

Supreme Court Upholds Right to Sue for Declaration of Marital Status: Samar Kumar Roy vs. Jharna Bera (2017) Read Post »

Supreme Court Sets Aside High Court Order in Domestic Violence Case: Manmohan Attavar vs. Neelam Manmohan Attavar (2017)

LEGAL ISSUE: Whether a woman can claim the right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005, if she has never lived in that household with the respondent. CASE TYPE: Domestic Violence Case Name: Manmohan Attavar vs. Neelam Manmohan Attavar Judgment Date: July 14, 2017 Introduction Can

Supreme Court Sets Aside High Court Order in Domestic Violence Case: Manmohan Attavar vs. Neelam Manmohan Attavar (2017) Read Post »

Supreme Court Interprets SEBI Takeover Regulations: Laurel Energetics vs. SEBI (2017)

Can inter se transfers of shares between promoters be exempt from open offer obligations under SEBI regulations if the target company is a result of a demerger? The Supreme Court of India addressed this question in a recent judgment. The core issue revolved around whether the three-year promoter status should be calculated from the date

Supreme Court Interprets SEBI Takeover Regulations: Laurel Energetics vs. SEBI (2017) Read Post »

Supreme Court Upholds Terms of Absorption: Mrigank Johri vs. Union of India (2017)

LEGAL ISSUE: Whether employees absorbed into a new department can claim seniority based on their previous service, despite agreeing to specific terms of absorption that deny such seniority. CASE TYPE: Service Law Case Name: Mrigank Johri & Ors. vs. Union of India & Ors. Judgment Date: July 10, 2017 Date of the Judgment: July 10,

Supreme Court Upholds Terms of Absorption: Mrigank Johri vs. Union of India (2017) Read Post »

Supreme Court enhances land compensation based on average sale value: Vithal Rao vs. Special Land Acquisition Officer (2017)

LEGAL ISSUE: Determination of fair market value for acquired land using comparable sales data, specifically when dealing with large land parcels and small plot sales. CASE TYPE: Land Acquisition Case Name: Vithal Rao & Anr. Etc. vs. The Special Land Acquisition Officer Judgment Date: July 7, 2017 Date of the Judgment: July 7, 2017 Citation:

Supreme Court enhances land compensation based on average sale value: Vithal Rao vs. Special Land Acquisition Officer (2017) Read Post »

Supreme Court clarifies powers of Arbitral Tribunal to enforce interim orders: Alka Chandewar vs Shamshul Ishrar Khan (2017)

LEGAL ISSUE: Whether an Arbitral Tribunal’s interim orders are enforceable and whether contempt of such orders falls under the ambit of Section 27(5) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Alka Chandewar vs. Shamshul Ishrar Khan. Judgment Date: July 6, 2017 Introduction Date of the Judgment: July 6, 2017

Supreme Court clarifies powers of Arbitral Tribunal to enforce interim orders: Alka Chandewar vs Shamshul Ishrar Khan (2017) Read Post »

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017)

LEGAL ISSUE: Whether an arbitrator can award price escalation beyond the original contract period and grant interest for the pre-reference period under the Arbitration Act, 1940. CASE TYPE: Arbitration Case Name: Assam State Electricity Board and Ors. vs. Buildworth Pvt. Ltd. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation:

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017) Read Post »

Supreme Court clarifies Driving License Requirements for Light Motor Vehicles and Transport Vehicles: Mukund Dewangan vs. Oriental Insurance Company Limited (2017) INSC 611 (3 July 2017)

LEGAL ISSUE: Interpretation of “light motor vehicle” and “transport vehicle” under the Motor Vehicles Act, 1988. CASE TYPE: Motor Vehicle Law. Case Name: Mukund Dewangan vs. Oriental Insurance Company Limited. [Judgment Date]: 3 July 2017 Introduction Date of the Judgment: 3 July 2017 Citation: (2017) INSC 611 Judges: Arun Mishra, J., Amitava Roy, J., Sanjay

Supreme Court clarifies Driving License Requirements for Light Motor Vehicles and Transport Vehicles: Mukund Dewangan vs. Oriental Insurance Company Limited (2017) INSC 611 (3 July 2017) Read Post »

Supreme Court Upholds NEET Admission Schedule: Maharishi Markandeshwar University Case (2017)

LEGAL ISSUE: Adherence to the NEET admission schedule for medical and dental postgraduate courses. CASE TYPE: Education Law, specifically relating to medical admissions. Case Name: Ashish Ranjan and Ors. vs. Union of India and Ors. Judgment Date: 19th June 2017 Date of the Judgment: 19th June 2017 Citation: Not available in the provided document. Judges:

Supreme Court Upholds NEET Admission Schedule: Maharishi Markandeshwar University Case (2017) Read Post »

Supreme Court Upholds Arbitral Award in Gas Supply Dispute: Kamrup Industrial Gases Ltd. vs. Union of India (2017)

Can a court overturn an arbitral award because of non-production of documents, even if those documents were actually produced? The Supreme Court of India addressed this question in a dispute between Kamrup Industrial Gases Ltd. and the Union of India. This case revolves around a contract for the supply of industrial gases and the subsequent

Supreme Court Upholds Arbitral Award in Gas Supply Dispute: Kamrup Industrial Gases Ltd. vs. Union of India (2017) Read Post »

Supreme Court upholds eviction order despite undertaking in conducting agreement case: Dnyandeo Sabaji Naik vs. Pradnya Prakash Khadekar (2017)

Date of the Judgment: March 1, 2017 Citation: (2017) INSC 154 Judges: Jagdish Singh Khehar, CJI, Dr. D.Y. Chandrachud, J., Sanjay Kishan Kaul, J. Can a party who has given an undertaking to vacate premises still challenge the eviction order? The Supreme Court of India addressed this question in a case involving a long-standing dispute

Supreme Court upholds eviction order despite undertaking in conducting agreement case: Dnyandeo Sabaji Naik vs. Pradnya Prakash Khadekar (2017) Read Post »

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