Surya Kant

Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Breach of contract, Construction Management Agreement, Contract Law, International Commercial Arbitration, Judges, Kompetenz Kompetenz, N.V. Ramana, Share Purchase Agreement, Surya Kant

Supreme Court Clarifies Arbitrability of Disputes Under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (2021) LEGAL ISSUE: Whether disputes arising from Construction Management Agreements can be referred to arbitration under the arbitration clause of the Construction Management Agreements, or whether they fall under the ambit of the Share Purchase Agreements. CASE TYPE: Arbitration […]

Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surajdeo Mahto vs. State of Bihar (2021)

/ Aniruddha Bose, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 35, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Juvenile Justice (Care and Protection of Children) Act, 2000, Juvenile Justice (Care and Protection of Children) Act, 2000 with Section 7A, N.V. Ramana, Offences Against Human Body, Surya Kant

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surajdeo Mahto vs. State of Bihar (2021) LEGAL ISSUE: Whether circumstantial evidence was sufficient to prove the guilt of the accused in a murder case. CASE TYPE: Criminal Law Case Name: Surajdeo Mahto and Anr. vs. The State of Bihar Judgment Date: 04 August

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surajdeo Mahto vs. State of Bihar (2021) Read Post »

Supreme Court Upholds Dowry Death Conviction: Gurmeet Singh vs. State of Punjab (28 May 2021)

/ Aniruddha Bose, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 113B, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 498A, Judges, N.V. Ramana, Offences Related to Marriage, Surya Kant

Supreme Court Upholds Dowry Death Conviction: Gurmeet Singh vs. State of Punjab (2021) LEGAL ISSUE: Whether the accused was guilty of dowry death under Section 304B of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Gurmeet Singh vs. State of Punjab Judgment Date: 28 May 2021 Date of the Judgment: 28 May

Supreme Court Upholds Dowry Death Conviction: Gurmeet Singh vs. State of Punjab (28 May 2021) Read Post »

Supreme Court restricts High Court’s power to grant protection after rejecting anticipatory bail in criminal cases (28 May 2021)

/ Aniruddha Bose, Anticipatory Bail, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 498A, Judges, N.V. Ramana, Offences Against Human Body, Surya Kant

Supreme Court restricts High Court’s power to grant protection after rejecting anticipatory bail in criminal cases (28 May 2021) LEGAL ISSUE: Whether a High Court can grant protection from arrest to an accused after rejecting their anticipatory bail application. CASE TYPE: Criminal Law Case Name: Nathu Singh vs. State of Uttar Pradesh & Ors. AND

Supreme Court restricts High Court’s power to grant protection after rejecting anticipatory bail in criminal cases (28 May 2021) Read Post »

Supreme Court Enhances Compensation for Self-Employed Individuals in Motor Accident Claims: Rahul Sharma vs. National Insurance Company Ltd. (2021)

/ Accident Law, Aniruddha Bose, Compensation Calculation, Judges, Motor Accident Claims, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 140, Motor Vehicles Act, 1988 with Section 166, N.V. Ramana, Personal Injury Law, Surya Kant

Supreme Court Enhances Compensation for Self-Employed Individuals in Motor Accident Claims: Rahul Sharma vs. National Insurance Company Ltd. (2021) Date of the Judgment: May 07, 2021 Citation: [Not Available in Source] Judges: N.V. Ramana, CJI., Surya Kant, J., Aniruddha Bose, J. (Majority Bench, authored by N.V. Ramana, CJI) Can a self-employed individual receive the same

Supreme Court Enhances Compensation for Self-Employed Individuals in Motor Accident Claims: Rahul Sharma vs. National Insurance Company Ltd. (2021) Read Post »

Supreme Court overturns conviction in murder case based on dying declaration: Jayamma vs. State of Karnataka (2021)

/ Aniruddha Bose, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 378, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, Surya Kant

Supreme Court overturns conviction in murder case based on dying declaration: Jayamma vs. State of Karnataka (2021) LEGAL ISSUE: Evidentiary value of a dying declaration and its reliability as the sole basis for conviction. CASE TYPE: Criminal Case Name: Jayamma & Anr. vs. State of Karnataka [Judgment Date]: 7 May 2021 Date of the Judgment:

Supreme Court overturns conviction in murder case based on dying declaration: Jayamma vs. State of Karnataka (2021) Read Post »

Supreme Court clarifies the distinction between a business license and a rent agreement in Mangala Waman Karandikar vs. Prakash Damodar Ranade (2021)

/ Aniruddha Bose, Contract Law, Contractual Interpretation, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 92, Indian Evidence Act, 1872 with Section 95, Judges, N.V. Ramana, Surya Kant

Supreme Court Clarifies Business License vs. Rent Agreement: Mangala Waman Karandikar vs. Prakash Damodar Ranade (2021) LEGAL ISSUE: Whether an agreement to run an existing business constitutes a license of the business itself or a lease of the premises where the business is located. CASE TYPE: Civil Law (Contractual Dispute) Case Name: Mangala Waman Karandikar

Supreme Court clarifies the distinction between a business license and a rent agreement in Mangala Waman Karandikar vs. Prakash Damodar Ranade (2021) Read Post »

Supreme Court Upholds Conviction in Murder Case: Achhar Singh vs. State of Himachal Pradesh (2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 326, Judges, Surya Kant

Supreme Court Upholds Conviction in Murder Case: Achhar Singh vs. State of Himachal Pradesh (2021) Date of the Judgment: 07 May 2021 Citation: Achhar Singh vs. State of Himachal Pradesh, Criminal Appeal Nos. 1140-1141 of 2010; Budhi Singh vs. State of Himachal Pradesh, Criminal Appeal No. 1144 of 2010 Judges: Surya Kant, J., Aniruddha Bose,

Supreme Court Upholds Conviction in Murder Case: Achhar Singh vs. State of Himachal Pradesh (2021) Read Post »

Supreme Court overturns High Court conviction in fratricide case: Mallappa vs. State of Karnataka (2021)

/ Aniruddha Bose, Criminal Law, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Murder, N.V. Ramana, Surya Kant

Supreme Court overturns High Court conviction in fratricide case: Mallappa vs. State of Karnataka (2021) LEGAL ISSUE: Whether the High Court was correct in overturning the Trial Court’s acquittal in a case of murder based on circumstantial evidence and eyewitness testimony. CASE TYPE: Criminal Law – Murder Case Name: Mallappa vs. State of Karnataka Judgment

Supreme Court overturns High Court conviction in fratricide case: Mallappa vs. State of Karnataka (2021) Read Post »

Supreme Court clarifies scope of revisional jurisdiction in criminal cases: Sanjay Kumar Rai vs. State of Uttar Pradesh (2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 239, Code of Criminal Procedure, 1973 with Section 397, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 504, Indian Penal Code, 1860 with Section 506, Judges, Offences against Public Tranquility, Revisional Jurisdiction, Surya Kant

Supreme Court Clarifies Scope of Revisional Jurisdiction in Criminal Cases: Sanjay Kumar Rai vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Scope of High Court’s revisional jurisdiction in criminal cases, particularly regarding orders framing charges or refusing discharge. CASE TYPE: Criminal Case Name: Sanjay Kumar Rai vs. State of Uttar Pradesh & Anr. [Judgment Date]:

Supreme Court clarifies scope of revisional jurisdiction in criminal cases: Sanjay Kumar Rai vs. State of Uttar Pradesh (2021) Read Post »

Supreme Court Upholds Interest on Delayed Payments in Construction Contract: M/s. Oriental Structural Engineers Pvt. Ltd. vs. State of Kerala (22 April 2021)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996 with Section 31(7)(a), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Contract Law, Interest on Delayed Payments, Interpretation of Contracts, Judges, Surya Kant

Supreme Court Upholds Interest on Delayed Payments in Construction Contract: M/s. Oriental Structural Engineers Pvt. Ltd. vs. State of Kerala (2021) LEGAL ISSUE: Whether a contractor is entitled to interest on delayed payments for work done under a construction contract, specifically concerning the local currency component, when the contract specifies interest but leaves the interest

Supreme Court Upholds Interest on Delayed Payments in Construction Contract: M/s. Oriental Structural Engineers Pvt. Ltd. vs. State of Kerala (22 April 2021) Read Post »

Supreme Court Activates Article 224A for Ad-Hoc Judge Appointments in High Courts to Tackle Backlog: Lok Prahari vs. Union of India (20 April 2021)

/ Constitutional Law, Constitutional Law with Article 217, Constitutional Law with Article 224, Constitutional Law with Article 224A, Judges, S.A. Bobde, Sanjay Kishan Kaul, Surya Kant

Supreme Court Activates Article 224A for Ad-Hoc Judge Appointments in High Courts to Tackle Backlog: Lok Prahari vs. Union of India (20 April 2021) Date of the Judgment: 20 April 2021 Citation: Lok Prahari vs. Union of India (2021) INSC 212 Judges: S.A. Bobde, CJI, Sanjay Kishan Kaul, J., and Surya Kant, J. Can a

Supreme Court Activates Article 224A for Ad-Hoc Judge Appointments in High Courts to Tackle Backlog: Lok Prahari vs. Union of India (20 April 2021) Read Post »

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