Surya Kant

Supreme Court Orders Fresh Delimitation for Newly Formed Tamil Nadu Districts: Dravida Munnetra Kazhagam (DMK) vs. Secretary, Governors Secretariat (06 December 2019)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 243-B, Constitutional Law with Article 243-C, Delimitation, Election Law, Fundamental Rights, Judges, Local Body Elections, S. A. Bobde, Surya Kant

Supreme Court Orders Fresh Delimitation for Newly Formed Tamil Nadu Districts: Dravida Munnetra Kazhagam (DMK) vs. Secretary, Governors Secretariat (06 December 2019) LEGAL ISSUE: Whether the creation of new districts in Tamil Nadu necessitates a fresh delimitation exercise before local body elections can be conducted. CASE TYPE: Election Law, Constitutional Law Case Name: Dravida Munnetra […]

Supreme Court Orders Fresh Delimitation for Newly Formed Tamil Nadu Districts: Dravida Munnetra Kazhagam (DMK) vs. Secretary, Governors Secretariat (06 December 2019) Read Post »

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019)

/ Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 36, Arbitration and Conciliation Act, 1996 with Section 87, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Definition of Corporate Person, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(7), Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) LEGAL ISSUE: Whether Section 87 of the Arbitration and Conciliation Act, 1996, and the repeal of Section 26 of the 2015 Amendment Act are constitutionally valid. CASE TYPE: Constitutional Law, Arbitration Law Case Name: Hindustan Construction Company

Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) Read Post »

Supreme Court prohibits alienation of common water bodies for industrial use: Jitendra Singh vs. Ministry of Environment & Ors. (2019) INSC 926

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 48A, Environmental (Protection) Act, 1984, Environmental Law, Fundamental Rights, Judges, National Green Tribunal Act, 2010, Surya Kant, UP Zamindari Abolition and Land Reforms Act, 1950, UP Zamindari Abolition and Land Reforms Act, 1950 with Section 117, Water Bodies Protection

Supreme Court prohibits alienation of common water bodies for industrial use: Jitendra Singh vs. Ministry of Environment & Ors. (2019) INSC 926 LEGAL ISSUE: Whether the State can alienate common water bodies for industrial activities under the guise of providing alternatives. CASE TYPE: Environmental Law, Public Interest Litigation Case Name: Jitendra Singh vs. Ministry of

Supreme Court prohibits alienation of common water bodies for industrial use: Jitendra Singh vs. Ministry of Environment & Ors. (2019) INSC 926 Read Post »

Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution (15 November 2019)

/ Companies Act, 2013, Companies Act, 2013 with Section 77, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29-A, Insolvency and Bankruptcy Code, 2016 with Section 7, Insolvency Resolution Process, Judges, R.F. Nariman, Surya Kant, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 48, V. Ramasubramanian

Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution Date of the Judgment: 15 November 2019 Citation: (2019) INSC 1067 Judges: R.F. Nariman, J., Surya Kant, J., V. Ramasubramanian, J. Can a resolution plan approved by a Committee of Creditors be overturned by the National Company Law Appellate Tribunal (NCLAT)? The

Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution (15 November 2019) Read Post »

Supreme Court Upholds Death Penalty in Child Rape and Murder Case: Manoharan vs. State (2019)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 163, Code of Criminal Procedure with Section 164, Constitutional Law, Constitutional Law with Article 20, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, Indian Evidence Act with Section 24, Indian Evidence Act with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Judges, Offences Against Human Body, Rohinton Fali Nariman, Sanjiv Khanna, Surya Kant

Supreme Court Upholds Death Penalty in Child Rape and Murder Case: Manoharan vs. State (2019) LEGAL ISSUE: Review of death penalty in a case involving rape and murder of children. CASE TYPE: Criminal Law Case Name: Manoharan vs. State by Inspector of Police [Judgment Date]: 7th November 2019 Introduction Date of the Judgment: 7th November

Supreme Court Upholds Death Penalty in Child Rape and Murder Case: Manoharan vs. State (2019) Read Post »

Magistrate’s Power to Order Further Investigation: Supreme Court Settles the Law in Criminal Cases (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 190, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Indian Penal Code, 1860 with Section 467, Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Clarifies Magistrate’s Power to Order Further Investigation Post Charge Sheet LEGAL ISSUE: Whether a Magistrate has the power to order further investigation after a charge sheet has been filed in a criminal case. CASE TYPE: Criminal Law Case Name: Vinubhai Haribhai Malaviya and Ors. vs. The State of Gujarat and Anr. Judgment Date:

Magistrate’s Power to Order Further Investigation: Supreme Court Settles the Law in Criminal Cases (2019) Read Post »

Supreme Court Clarifies Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act in Dismissal Cases: John D’Souza vs. Karnataka State Road Transport Corporation (2019) INSC 980 (16 October 2019)

/ Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 10, Industrial Disputes Act, 1947 with Section 11A, Industrial Disputes Act, 1947 with Section 33(2)(b), Judges, Sanjay Kishan Kaul, Surya Kant

Supreme Court Clarifies Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act in Dismissal Cases Date of the Judgment: 16 October 2019 Citation: (2019) INSC 980 Judges: Sanjay Kishan Kaul, J., Surya Kant, J. Can a Labour Court, while considering an application for approval of dismissal under Section 33(2)(b) of the Industrial Disputes Act,

Supreme Court Clarifies Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act in Dismissal Cases: John D’Souza vs. Karnataka State Road Transport Corporation (2019) INSC 980 (16 October 2019) Read Post »

Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019)

/ Companies Act, 1956, Companies Act, 1956 with Section 25, Constitutional Law, Constitutional Law with Article 366, Constitutional Law with Article 366(29-A), Finance Act, 1994, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(d), Judges, R.F. Nariman, Surya Kant, V. Ramasubramanian

Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019) LEGAL ISSUE: Applicability of the doctrine of mutuality to incorporated clubs regarding sales tax and service tax after the 46th Amendment to the Constitution of India. CASE TYPE: Tax Law (Sales Tax and Service Tax) Case

Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019) Read Post »

Supreme Court Upholds Death Penalty in Gruesome Child Sacrifice Case: Ishwari Lal Yadav vs. State of Chhattisgarh (2019)

/ Burden of Proof, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, R. Subhash Reddy, Rohinton Fali Nariman, Surya Kant

Supreme Court Upholds Death Penalty in Gruesome Child Sacrifice Case: Ishwari Lal Yadav vs. State of Chhattisgarh (2019) LEGAL ISSUE: Whether the death penalty should be upheld in cases of gruesome murder of children for human sacrifice. CASE TYPE: Criminal Law Case Name: Ishwari Lal Yadav vs. State of Chhattisgarh Judgment Date: 03 October 2019

Supreme Court Upholds Death Penalty in Gruesome Child Sacrifice Case: Ishwari Lal Yadav vs. State of Chhattisgarh (2019) Read Post »

Supreme Court Commutes Death Sentence in Child Rape and Murder Case: Ravishankar vs. State of Madhya Pradesh (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 354(3), Code of Criminal Procedure, 1973 with Section 366, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376-A, Judges, R. Subhash Reddy, Rohinton Fali Nariman, Surya Kant

Supreme Court Commutes Death Sentence in Child Rape and Murder Case: Ravishankar vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Whether the death penalty should be upheld in a case of child rape and murder based on circumstantial evidence. CASE TYPE: Criminal Law Case Name: Ravishankar @ Baba Vishwakarma vs. The State of Madhya Pradesh

Supreme Court Commutes Death Sentence in Child Rape and Murder Case: Ravishankar vs. State of Madhya Pradesh (2019) Read Post »

Supreme Court Upholds Minority Rights in Teacher Appointments: Chandana Das vs. State of West Bengal (25 September 2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 30, Education Law, Fundamental Rights, Judges, Minority Educational Institutions, R. Banumathi, R. Subhash Reddy, R.F. Nariman, Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969, Surya Kant, T.S. Thakur

Supreme Court Upholds Minority Rights in Teacher Appointments: Chandana Das vs. State of West Bengal (2019) LEGAL ISSUE: Whether a minority educational institution’s right to appoint teachers is subject to the general rules for aided institutions or if they have autonomy in such appointments. CASE TYPE: Education Law, Minority Rights Case Name: Chandana Das (Malakar)

Supreme Court Upholds Minority Rights in Teacher Appointments: Chandana Das vs. State of West Bengal (25 September 2019) Read Post »

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (25 September 2019)

/ Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 1956 with Section 434, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, R. Subhash Reddy, R.F. Nariman, Surya Kant

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (2019) LEGAL ISSUE: Whether a winding-up petition filed under the Companies Act, 1956, which is time-barred, can be revived as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Jignesh Shah

Supreme Court Sets Aside Winding Up Order Due to Limitation: Jignesh Shah vs. Union of India (25 September 2019) Read Post »

Scroll to Top