Sanjiv Khanna

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (4 December 2019)

/ Constitutional Law, Constitutional Law with Article 14, East Punjab Urban Rent Restriction Act, 1949, Eviction, Fundamental Rights, Judges, Krishna Murari, N. V. Ramana, Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Religious Premises, Rent Control, Sanjiv Khanna, Unauthorised Occupation

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (2019) LEGAL ISSUE: Whether tenants of religious institutions are entitled to protection under the East Punjab Urban Rent Restriction Act, 1949, or if they can be treated differently under a separate law. CASE TYPE: Civil Law – Landlord […]

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (4 December 2019) Read Post »

Supreme Court Upholds Conviction for Bribery: Vinod Kumar Garg vs. State (27 November 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indu Malhotra, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13, Prevention of Corruption Act, 1988 with Section 20, Prevention of Corruption Act, 1988 with Section 7, Sanjiv Khanna

Supreme Court Upholds Conviction in Bribery Case: Vinod Kumar Garg vs. State (2019) LEGAL ISSUE: Whether the conviction of a public servant for accepting a bribe was valid despite inconsistencies in witness testimonies and challenges to the sanction order. CASE TYPE: Criminal (Prevention of Corruption Act, 1988) Case Name: Vinod Kumar Garg vs. State (Government

Supreme Court Upholds Conviction for Bribery: Vinod Kumar Garg vs. State (27 November 2019) Read Post »

Supreme Court Allows Electricity Transmission Line Construction Subject to Compensation: Century Rayon vs. IVP Limited (2019)

/ Electricity Act, 2003, Electricity Act, 2003 with Section 164, Indian Telegraph Act, 1885, Indian Telegraph Act, 1885 with Section 10, Indian Telegraph Act, 1885 with Section 16, Judges, Krishna Murari, N.V. Ramana, Sanjiv Khanna

Supreme Court Allows Electricity Transmission Line Construction Subject to Compensation: Century Rayon vs. IVP Limited (2019) LEGAL ISSUE: Whether an interim injunction can be granted to restrain the construction of electricity transmission towers on private land when the District Magistrate has granted permission under the Indian Telegraph Act, 1885, subject to compensation. CASE TYPE: Civil

Supreme Court Allows Electricity Transmission Line Construction Subject to Compensation: Century Rayon vs. IVP Limited (2019) Read Post »

Supreme Court Orders Floor Test in Maharashtra Political Crisis: Shiv Sena vs. Union of India (26 November 2019)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 212, Constitutional Law with Article 32, Governor's Powers, Judges, N.V. Ramana, Sanjiv Khanna

Supreme Court Orders Floor Test in Maharashtra Political Crisis: Shiv Sena vs. Union of India (2019) LEGAL ISSUE: Whether the Governor’s decision to invite a party to form a government without a floor test can be challenged. CASE TYPE: Constitutional Law, Writ Jurisdiction. Case Name: Shiv Sena and Ors. vs. Union of India and Ors.

Supreme Court Orders Floor Test in Maharashtra Political Crisis: Shiv Sena vs. Union of India (26 November 2019) Read Post »

Supreme Court Cancels Bail in Chit Fund Scam Cases: CBI vs. Ramendu Chattopadhyay & Ashis Chatterjee (2019)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 409, Indian Penal Code, 1860 with Section 420, Judges, Mohan M. Shantanagoudar, Prizes and Chit Money Circulation Scheme (Banning) Act, 1978, Prizes and Chit Money Circulation Scheme (Banning) Act, 1978 with Section 4, Prizes and Chit Money Circulation Scheme (Banning) Act, 1978 with Section 6, Sanjiv Khanna

Supreme Court Cancels Bail in Chit Fund Scam Cases: CBI vs. Ramendu Chattopadhyay & Ashis Chatterjee (2019) LEGAL ISSUE: Whether bail should be granted in cases involving serious economic offenses, particularly chit fund scams, where there is a risk of the accused obstructing the recovery of funds and assets. CASE TYPE: Criminal Case Name: Central

Supreme Court Cancels Bail in Chit Fund Scam Cases: CBI vs. Ramendu Chattopadhyay & Ashis Chatterjee (2019) Read Post »

Supreme Court Holds Directors Guilty of Contempt for Violating Orders in Daiichi Sankyo Case (15 November 2019)

/ Arbitration and Conciliation Act, 1996, Civil Contempt, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 2(b), Deepak Gupta, Enforcement of Foreign Arbitral Awards, Judges, Ranjan Gogoi, Sanjiv Khanna

Supreme Court Holds Directors Guilty of Contempt for Violating Orders in Daiichi Sankyo Case Date of the Judgment: 15 November 2019 Citation: 2019 INSC 1137 Judges: Ranjan Gogoi, CJI, Deepak Gupta, J., Sanjiv Khanna, J. Can repeated assurances and undertakings given to a court be disregarded with impunity? The Supreme Court of India addressed this

Supreme Court Holds Directors Guilty of Contempt for Violating Orders in Daiichi Sankyo Case (15 November 2019) Read Post »

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act: Ram Krishan Grover vs. Union of India (2019)

/ Constitutional Law, Constitutional Law with Article 14, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13-B, East Punjab Urban Rent Restriction Act, 1949 with Section 2(dd), Fundamental Rights, Judges, L. Nageswara Rao, Power to Extend Enactments, Punjab Reorganisation Act, 1966, Punjab Reorganisation Act, 1966 with Section 87, Ranjan Gogoi, Rights of Non-Resident Indians, Sanjiv Khanna

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act LEGAL ISSUE: Whether Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which grants special eviction rights to Non-Resident Indians (NRIs), is constitutionally valid. CASE TYPE: Property Law, Rent Control Case Name: Ram Krishan Grover and Others vs. Union of India and

Supreme Court Upholds Special Eviction Rights for NRIs under Rent Act: Ram Krishan Grover vs. Union of India (2019) Read Post »

Supreme Court Clarifies Transparency in Judicial Appointments and Asset Declarations (2019)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, D.Y. Chandrachud, Deepak Gupta, Fundamental Rights, Judges, N.V. Ramana, Ranjan Gogoi, Right to Information Act, 2005, Right to Information Act, 2005 with Section 11, Right to Information Act, 2005 with Section 2(h), Right to Information Act, 2005 with Section 8(1)(j), Sanjiv Khanna

Supreme Court Clarifies Transparency in Judicial Appointments and Asset Declarations (2019) LEGAL ISSUE: Balancing the Right to Information with Judicial Independence and Privacy CASE TYPE: Constitutional Law, Right to Information Case Name: Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal Judgment Date: 13 November 2019 Date of the Judgment: 13 November

Supreme Court Clarifies Transparency in Judicial Appointments and Asset Declarations (2019) Read Post »

Supreme Court Clarifies Disqualification Powers of Speaker in Karnataka Defection Case: Shrimanth Balasaheb Patil vs. Speaker, Karnataka Legislative Assembly (2019) INSC 910 (13 November 2019)

/ Constitutional Law, Constitutional Law with Article 32, Disqualifications for Membership, Fundamental Rights, Judges, Krishna Murari, N.V. Ramana, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 36, Sanjiv Khanna, Tenth Schedule

Supreme Court Clarifies Disqualification Powers of Speaker in Karnataka Defection Case LEGAL ISSUE: Scope of the Speaker’s power to disqualify members under the Tenth Schedule of the Constitution and the extent of judicial review in such matters. CASE TYPE: Constitutional Law, Anti-Defection Law Case Name: Shrimanth Balasaheb Patil vs. Hon’ble Speaker, Karnataka Legislative Assembly and

Supreme Court Clarifies Disqualification Powers of Speaker in Karnataka Defection Case: Shrimanth Balasaheb Patil vs. Speaker, Karnataka Legislative Assembly (2019) INSC 910 (13 November 2019) Read Post »

Supreme Court Overrules Key Aspects of Finance Act 2017 on Tribunal Appointments and Powers: Rojer Mathew vs. South Indian Bank Ltd. (2019) INSC 877 (13 November 2019)

/ Constitutional Law, Constitutional Law with Article 110, Constitutional Law with Article 323A, Deepak Gupta, Dhananjaya Y Chandrachud, Finance Act, 2017, Finance Act, 2017 with Section 184, Judges, N.V. Ramana, Ranjan Gogoi, Sanjiv Khanna, Separation of Powers, Tribunal Appointments

Supreme Court Overrules Key Aspects of Finance Act 2017 on Tribunal Appointments and Powers LEGAL ISSUE: Constitutionality of the Finance Act, 2017, specifically regarding tribunal appointments and powers. CASE TYPE: Constitutional Law, Tribunal Law Case Name: Rojer Mathew vs. South Indian Bank Ltd. & Ors. Judgment Date: 13 November 2019 Introduction Date of the Judgment:

Supreme Court Overrules Key Aspects of Finance Act 2017 on Tribunal Appointments and Powers: Rojer Mathew vs. South Indian Bank Ltd. (2019) INSC 877 (13 November 2019) Read Post »

Supreme Court Upholds High Court’s Power to Re-Initiate Disciplinary Proceedings: Hari Niwas Gupta vs. State of Bihar (2019)

/ Constitutional Law, Constitutional Law with Article 311, Disciplinary Proceedings, Fundamental Rights, Indu Malhotra, Judges, Judicial Service, Sanjiv Khanna, Service Law

Supreme Court Upholds High Court’s Power to Re-Initiate Disciplinary Proceedings: Hari Niwas Gupta vs. State of Bihar (2019) LEGAL ISSUE: Whether a High Court can re-initiate disciplinary proceedings against judicial officers after a previous dismissal order was set aside for lack of recorded reasons, and whether the High Court or the Governor is the competent

Supreme Court Upholds High Court’s Power to Re-Initiate Disciplinary Proceedings: Hari Niwas Gupta vs. State of Bihar (2019) Read Post »

Appointment of Sole Arbitrator: Supreme Court Resolves Arbitration Dispute in M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan (2019)

/ Appointment of Arbitrator, Arbitration & Conciliation Act, 1996 with Section 11, Arbitration & Conciliation Act, 1996 with Section 12, Arbitration Law, Indu Malhotra, Judges, Sanjiv Khanna, Uday Umesh Lalit

Supreme Court Appoints Sole Arbitrator in Dispute Between M/S. Shaf Broadcast Pvt. Ltd. and Doordarshan (2019) LEGAL ISSUE: Appointment of an arbitrator in an international commercial arbitration. CASE TYPE: Arbitration Case Name: M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan – A Constituent of Prasar Bharti & Anr. Judgment Date: 7 November 2019 Introduction Date of

Appointment of Sole Arbitrator: Supreme Court Resolves Arbitration Dispute in M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan (2019) Read Post »

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