Sanjay Kishan Kaul

Supreme Court Upholds Tender Award, Emphasizes Limited Judicial Review in Contractual Matters: Uflex Ltd. vs. Government of Tamil Nadu (2021)

/ Business Efficacy, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with Interpretation of Contracts, Fundamental Rights, Hrishikesh Roy, Judges, Sanjay Kishan Kaul, Tamil Nadu Transparency in Tender (Public-Private Partnership Procurement) Rules, 2012 with Rule 15, Tamil Nadu Transparency in Tenders Act, 1998, Tamil Nadu Transparency in Tenders Act, 1998 with Section 10(2)

Supreme Court Upholds Tender Award, Emphasizes Limited Judicial Review in Contractual Matters Date of the Judgment: September 17, 2021 Citation: (2021) INSC 625 Judges: Sanjay Kishan Kaul, J., Hrishikesh Roy, J. Can unsuccessful bidders challenge tender processes merely on the basis of perceived irregularities? The Supreme Court of India recently addressed this question, emphasizing that […]

Supreme Court Upholds Tender Award, Emphasizes Limited Judicial Review in Contractual Matters: Uflex Ltd. vs. Government of Tamil Nadu (2021) Read Post »

Supreme Court grants divorce based on irretrievable breakdown and cruelty: Sivasankaran vs. Santhimeenal (2021)

/ Constitutional Law, Constitutional Law with Article 142, Cruelty, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(i-a), Hrishikesh Roy, Irretrievable Breakdown of Marriage, Judges, Sanjay Kishan Kaul

Supreme Court grants divorce based on irretrievable breakdown and cruelty: Sivasankaran vs. Santhimeenal (2021) LEGAL ISSUE: Whether a marriage can be dissolved on the grounds of irretrievable breakdown and cruelty, even if one party does not consent. CASE TYPE: Matrimonial/Divorce Law Case Name: Sivasankaran vs. Santhimeenal Judgment Date: 13 September 2021 Introduction Date of the

Supreme Court grants divorce based on irretrievable breakdown and cruelty: Sivasankaran vs. Santhimeenal (2021) Read Post »

Supreme Court clarifies disallowance of interest under Section 14A of Income Tax Act for Banks: South Indian Bank Ltd. vs. Commissioner of Income Tax (2021)

/ Disallowance of Expenditure, Exempt Income, Hrishikesh Roy, Income Tax Act, 1961, Income Tax Act, 1961 with Section 14A, Judges, Sanjay Kishan Kaul

Supreme Court on Disallowance of Interest under Section 14A of Income Tax Act for Banks LEGAL ISSUE: Whether proportionate disallowance of interest paid by banks is required under Section 14A of the Income Tax Act for investments in tax-free bonds/securities when the banks have sufficient interest-free funds. CASE TYPE: Income Tax Case Name: South Indian

Supreme Court clarifies disallowance of interest under Section 14A of Income Tax Act for Banks: South Indian Bank Ltd. vs. Commissioner of Income Tax (2021) Read Post »

Supreme Court clarifies scope of Section 197 CrPC for public servants in forgery case: Indra Devi vs. State of Rajasthan (23 July 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Criminal Procedure, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Sanjay Kishan Kaul

Supreme Court Clarifies Protection for Public Servants Under Section 197 CrPC in Forgery Case: Indra Devi vs. State of Rajasthan (2021) LEGAL ISSUE: Whether a public servant is entitled to protection under Section 197 of the Code of Criminal Procedure (CrPC) for actions related to forgery and fraud during their official duties. CASE TYPE: Criminal

Supreme Court clarifies scope of Section 197 CrPC for public servants in forgery case: Indra Devi vs. State of Rajasthan (23 July 2021) Read Post »

Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021)

/ Breach of contract, Contract Law, Formation of Contract, Hemant Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 7, Judges, Letter of Intent, Sanjay Kishan Kaul

Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021) LEGAL ISSUE: Whether a contract is formed when a Letter of Intent (LoI) is issued and some preliminary steps are taken, but the formal contract is not executed and the required security deposit and integrity pact are

Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021) Read Post »

Supreme Court Denies Age Relaxation for Municipal Corporation Teacher: Delhi Subordinate Services Selection Board vs. Seema Kapoor (2021)

/ Age Relaxation, Departmental Candidate, Government Servant, Hemant Gupta, Judges, Sanjay Kishan Kaul, Service Law

Supreme Court Denies Age Relaxation for Municipal Corporation Teacher: Delhi Subordinate Services Selection Board vs. Seema Kapoor (2021) LEGAL ISSUE: Whether a teacher working in a Municipal Corporation is entitled to age relaxation as a government servant or a departmental candidate for a direct recruitment process. CASE TYPE: Service Law Case Name: Delhi Subordinate Services

Supreme Court Denies Age Relaxation for Municipal Corporation Teacher: Delhi Subordinate Services Selection Board vs. Seema Kapoor (2021) Read Post »

Supreme Court Upholds Bank Guarantee Encashment: Atlanta Infrastructure Ltd. vs. Delta Marine Company & Ors. (2021)

/ Bank Guarantee, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 27, Contract Law, Encashment of Bank Guarantee, Fraud, Hemant Gupta, Judges, Sanjay Kishan Kaul

Supreme Court Upholds Bank Guarantee Encashment: Atlanta Infrastructure Ltd. vs. Delta Marine Company & Ors. (2021) LEGAL ISSUE: Scope of interference in encashment of bank guarantees. CASE TYPE: Civil Appeal. Case Name: Atlanta Infrastructure Ltd. (Rechristened as Atlanta Ltd.) vs. Delta Marine Company & Ors. Judgment Date: 19 July 2021 Date of the Judgment: 19

Supreme Court Upholds Bank Guarantee Encashment: Atlanta Infrastructure Ltd. vs. Delta Marine Company & Ors. (2021) Read Post »

Supreme Court Upholds Eviction of Encroacher on Evacuee Land: Ismailbhai I. Kansara vs. State of Gujarat (2021)

/ Displaced Person (Compensation and Rehabilitation) Act, 1954, Displaced Person (Compensation and Rehabilitation) Act, 1954 with Section 19, Displaced Person (Compensation and Rehabilitation) Act, 1954 with Section 20, Eviction of Unauthorized Occupants, Hemant Gupta, Judges, Sanjay Kishan Kaul

Supreme Court Upholds Eviction of Encroacher on Evacuee Land: Ismailbhai I. Kansara vs. State of Gujarat (2021) LEGAL ISSUE: Whether an encroacher on evacuee land has a right to regularization of possession, especially when a displaced person has a claim to the same land. CASE TYPE: Evacuee Property Law Case Name: Ismailbhai I. Kansara (D)

Supreme Court Upholds Eviction of Encroacher on Evacuee Land: Ismailbhai I. Kansara vs. State of Gujarat (2021) Read Post »

Supreme Court Upholds Financial Stringency in Denying Revised Pay Scales to Cooperative Employees

/ Constitutional Law, Constitutional Law with Article 12, Fundamental Rights, Hemant Gupta, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 9-A, Judges, Sanjay Kishan Kaul, Service Law

Supreme Court Upholds Financial Stringency in Denying Revised Pay Scales to Cooperative Employees LEGAL ISSUE: Whether financial stringency can be a valid reason to deny revised pay scales to employees of a cooperative federation. CASE TYPE: Service Law. Case Name: Punjab State Co-operative Milk Producers Federation Ltd. & Anr. vs. Balbir Kumar Walia & Ors.

Supreme Court Upholds Financial Stringency in Denying Revised Pay Scales to Cooperative Employees Read Post »

Supreme Court Addresses Legislative Competence and Privilege in Summons to Facebook: Ajit Mohan & Ors. vs. Legislative Assembly, National Capital Territory of Delhi & Ors. (2021)

/ Constitutional Law, Constitutional Law with Article 194, Constitutional Law with Article 239AA, Dinesh Maheshwari, Fundamental Rights, Hrishikesh Roy, Information Technology Act, 2000, Information Technology Act, 2000 with Section 69A, Judges, Sanjay Kishan Kaul

Legislative Powers vs. Digital Platforms: Supreme Court on Delhi Assembly’s Summons to Facebook (2021) LEGAL ISSUE: The scope of legislative privilege and the extent of legislative competence of the Delhi Legislative Assembly in summoning a representative of a social media platform. CASE TYPE: Constitutional Law, Legislative Powers, and Fundamental Rights. Case Name: Ajit Mohan &

Supreme Court Addresses Legislative Competence and Privilege in Summons to Facebook: Ajit Mohan & Ors. vs. Legislative Assembly, National Capital Territory of Delhi & Ors. (2021) Read Post »

Supreme Court Sets Aside Compensation Deposit as Bail Condition in Violent Crime Case

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 235(2), Code of Criminal Procedure, 1973 with Section 250(1), Code of Criminal Procedure, 1973 with Section 357, Hemant Gupta, Indian Penal Code, Judges, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Sets Aside Compensation Deposit as Bail Condition in Violent Crime Case LEGAL ISSUE: Whether a court can impose a condition of depositing compensation to victims as a prerequisite for granting bail. CASE TYPE: Criminal. Case Name: Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. vs. The State of Gujarat.

Supreme Court Sets Aside Compensation Deposit as Bail Condition in Violent Crime Case Read Post »

Supreme Court Upholds Promotion Rights for Disabled Employees: State of Kerala vs. Leesamma Joseph (2021)

/ Constitutional Law, Judges, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 32, Persons with Disabilities Act, 1995 with Section 33, Persons with Disabilities Act, 1995 with Section 47, R. Subhash Reddy, Right to Equality, Sanjay Kishan Kaul

Supreme Court Upholds Promotion Rights for Disabled Employees: State of Kerala vs. Leesamma Joseph (2021) Date of the Judgment: June 28, 2021 Citation: 2021 INSC 414 Judges: Sanjay Kishan Kaul, J. and R. Subhash Reddy, J. Can a person with a disability, who was appointed on compassionate grounds, claim reservation in promotions under the Persons

Supreme Court Upholds Promotion Rights for Disabled Employees: State of Kerala vs. Leesamma Joseph (2021) Read Post »

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