Sanjiv Khanna

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 31, Code of Civil Procedure, 1908 with Section 96, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 54, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court clarifies the duty of First Appellate Court: Malluru Mallappa vs. Kuruvathappa (2020) LEGAL ISSUE: Duty of the First Appellate Court to re-appreciate evidence and record findings in appeals against decrees. CASE TYPE: Civil – Specific Performance. Case Name: Malluru Mallappa(D) Thr. Lrs. vs. Kuruvathappa & Ors. Judgment Date: 12 February 2020 Introduction Date […]

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020) Read Post »

MACP Benefits and Promotion Quotas: Supreme Court Remands Case of Union of India vs. Rosamma Benny (2020)

/ Indian Railway Establishment Manual, Judges, Modified Assured Career Progression Scheme (MACP), S. Abdul Nazeer, Sanjiv Khanna, Service Law, Service Law with LDCE

Supreme Court Remands MACP Case: Union of India vs. Rosamma Benny (2020) LEGAL ISSUE: Whether employees appointed through Limited Departmental Competitive Examination (LDCE) should have their past service counted for financial upgradation under the Modified Assured Career Progression Scheme (MACP). CASE TYPE: Service Law Case Name: Union of India and Another vs. Rosamma Benny and

MACP Benefits and Promotion Quotas: Supreme Court Remands Case of Union of India vs. Rosamma Benny (2020) Read Post »

Supreme Court clarifies tenant rights under the Madras City Tenants’ Protection Act: Bharat Petroleum Corporation Ltd. vs. R. Chandramouleeswaran (28 January 2020)

/ Judges, Krishna Murari, Madras City Tenants’ Protection Act, 1921, Madras City Tenants’ Protection Act, 1921 with Section 12, Madras City Tenants’ Protection Act, 1921 with Section 2(4), Madras City Tenants’ Protection Act, 1921 with Section 9, N.V. Ramana, Sanjiv Khanna, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 108(h)

Supreme Court Clarifies Tenant Rights Under Madras City Tenants’ Protection Act: Bharat Petroleum vs. R. Chandramouleeswaran (2020) Date of the Judgment: 28 January 2020 Citation: [Not Available in Source] Judges: N.V. Ramana, J., Sanjiv Khanna, J., Krishna Murari, J. Can a tenant who has sublet a property claim the right to purchase the land under

Supreme Court clarifies tenant rights under the Madras City Tenants’ Protection Act: Bharat Petroleum Corporation Ltd. vs. R. Chandramouleeswaran (28 January 2020) Read Post »

Supreme Court modifies retirement benefits for teacher denied appointment: State of Uttar Pradesh vs. Ali Hussain Ansari (2020)

/ Consequential Benefits, Judges, Retirement Benefits, S. Abdul Nazeer, Sanjiv Khanna, Service Law

Supreme Court modifies retirement benefits for teacher denied appointment: State of Uttar Pradesh vs. Ali Hussain Ansari (2020) LEGAL ISSUE: Whether a teacher who was initially recommended for appointment but not actually appointed and later appointed after a long gap, is entitled to back wages and consequential benefits from the date of initial recommendation. CASE

Supreme Court modifies retirement benefits for teacher denied appointment: State of Uttar Pradesh vs. Ali Hussain Ansari (2020) Read Post »

Supreme Court clarifies the power of higher authorities in disciplinary matters: Canara Bank vs. Kameshwar Singh (2020)

/ Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976, Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 with Regulation 5(3), Disciplinary Proceedings, Judges, S. Abdul Nazeer, Sanjiv Khanna, Service Law

Can a Higher Authority Impose Penalties? Supreme Court Clarifies in Canara Bank vs. Kameshwar Singh (2020) LEGAL ISSUE: Whether a higher authority can impose penalties in disciplinary proceedings. CASE TYPE: Service Law, Disciplinary Proceedings Case Name: Canara Bank and Ors. vs. Kameshwar Singh Judgment Date: 08 January 2020 Date of the Judgment: 08 January 2020

Supreme Court clarifies the power of higher authorities in disciplinary matters: Canara Bank vs. Kameshwar Singh (2020) Read Post »

Supreme Court Upholds Theft Charges in Illegal Mining Case: Kanwar Pal Singh vs. State of Uttar Pradesh (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 4, Code of Criminal Procedure, 1973 with Section 482, General Clauses Act, General Clauses Act with Section 26, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 379, Judges, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 22, Mines and Minerals (Development and Regulation) Act, 1957 with Section 4, Offences Against Property, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court Upholds Theft Charges in Illegal Mining Case: Kanwar Pal Singh vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether a person can be prosecuted for theft under Section 379 of the Indian Penal Code, 1860 for illegal mining, despite the existence of specific provisions under the Mines and Minerals (Development and Regulation) Act,

Supreme Court Upholds Theft Charges in Illegal Mining Case: Kanwar Pal Singh vs. State of Uttar Pradesh (2019) Read Post »

Supreme Court overturns High Court on Will validity: Raj Kumari & Ors. vs. Surinder Pal Sharma (2019)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 68, Indian Evidence Act, 1872 with Section 71, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 63, Judges, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court overturns High Court on Will validity: Raj Kumari & Ors. vs. Surinder Pal Sharma (2019) LEGAL ISSUE: Validity of a Will and its proof under the Indian Succession Act and the Evidence Act. CASE TYPE: Civil Case Name: Raj Kumari and Others vs. Surinder Pal Sharma [Judgment Date]: 17 December 2019 Date of

Supreme Court overturns High Court on Will validity: Raj Kumari & Ors. vs. Surinder Pal Sharma (2019) Read Post »

Supreme Court overturns conviction in kidnapping and murder case: Shailendra Rajdev Pasvan vs. State of Gujarat (2019)

/ Circumstantial Evidence, Criminal Law, Extra-Judicial Confession, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 363, Judges, Krishna Murari, Last Seen Theory, N.V. Ramana, Sanjiv Khanna

Supreme Court overturns conviction in kidnapping and murder case: Shailendra Rajdev Pasvan vs. State of Gujarat (2019) LEGAL ISSUE: Whether the High Court was correct in overturning the trial court’s acquittal based on circumstantial evidence and an extra-judicial confession in a kidnapping and murder case. CASE TYPE: Criminal Case Name: Shailendra Rajdev Pasvan and Others

Supreme Court overturns conviction in kidnapping and murder case: Shailendra Rajdev Pasvan vs. State of Gujarat (2019) Read Post »

Supreme Court clarifies procedure for dismissal of appeals due to appellant absence: Prabodh Ch. Das vs. Mahamaya Das (2019) INSC 963

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 17(1), Judges, Order XLI Rule 17, Code of Civil Procedure, 1908, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court Clarifies Procedure for Dismissal of Appeals: Prabodh Ch. Das vs. Mahamaya Das (2019) INSC 963 Date of the Judgment: December 13, 2019 Citation: (2019) INSC 963 Judges: S. Abdul Nazeer, J., Sanjiv Khanna, J. Can a High Court dismiss an appeal on its merits if the appellant’s counsel is absent during the hearing?

Supreme Court clarifies procedure for dismissal of appeals due to appellant absence: Prabodh Ch. Das vs. Mahamaya Das (2019) INSC 963 Read Post »

Supreme Court clarifies disability pension for Air Force officers with less than 20% disability: Union of India vs. Wing Commander S.P. Rathore (2019)

/ Air Force Regulations, Deepak Gupta, Defence Service Regulations Pension Regulations for the Air Force, 1961, Defence Service Regulations Pension Regulations for the Air Force, 1961 with Regulation 37(a), Disability Pension, Judges, Ministry of Defence Circulars, Sanjiv Khanna, Service Law

Supreme Court clarifies disability pension for Air Force officers with less than 20% disability: Union of India vs. Wing Commander S.P. Rathore (2019) LEGAL ISSUE: Whether an Air Force officer who has superannuated from service and has a disability less than 20% is entitled to disability pension. CASE TYPE: Service Law Case Name: Union of

Supreme Court clarifies disability pension for Air Force officers with less than 20% disability: Union of India vs. Wing Commander S.P. Rathore (2019) Read Post »

Supreme Court Upholds Primogeniture in Princely State Property Dispute: Trijugi Narain vs. Sankoo (2019)

/ Customary Law, Evidence Act, 1872, Evidence Act, 1872 with Section 48, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 5(ii), Impartible Estates, Indu Malhotra, Judges, Primogeniture, Princely States, Property Law, Sanjiv Khanna

Supreme Court Upholds Primogeniture in Princely State Property Dispute: Trijugi Narain vs. Sankoo (2019) LEGAL ISSUE: Whether perpetual leasehold rights of a property, part of a former princely state, should be considered coparcenary property or an impartible estate governed by primogeniture. CASE TYPE: Civil Property Dispute Case Name: Trijugi Narain (Dead) Through Legal Representatives and

Supreme Court Upholds Primogeniture in Princely State Property Dispute: Trijugi Narain vs. Sankoo (2019) Read Post »

Supreme Court clarifies Multiplier for Bachelor’s Death in Motor Accident Claims: Kunjan Sadana vs. Mahesh Kumar (2019)

/ Compensation Calculation, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court Clarifies Multiplier for Bachelor’s Death in Motor Accident Claims: Kunjan Sadana vs. Mahesh Kumar (2019) LEGAL ISSUE: Determination of the correct multiplier for calculating compensation in motor accident claims involving the death of a bachelor. CASE TYPE: Motor Accident Compensation Case Name: Kunjan Sadana & Anr. vs. Mahesh Kumar & Ors. [Judgment Date]:

Supreme Court clarifies Multiplier for Bachelor’s Death in Motor Accident Claims: Kunjan Sadana vs. Mahesh Kumar (2019) Read Post »

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