Surya Kant

Supreme Court clarifies taxability of Pan Masala under State Laws: M/S Trimurthi Fragrances (P) Ltd. vs. Government of N.C.T. of Delhi (2022) INSC 751 (19 September 2022)

/ Additional Duties of Excise Act, 1957, Central Sales Tax Act, 1956, Hemant Gupta, Indira Banerjee, Judges, M.M. Sundresh, State Sales Tax, Sudhanshu Dhulia, Surya Kant, Tax Law

Supreme Court Clarifies Taxability of Pan Masala under State Laws Date of the Judgment: 19 September 2022 Citation: (2022) INSC 751 Judges: Indira Banerjee, J., Surya Kant, J., M.M. Sundresh, J., Sudhanshu Dhulia, J., Hemant Gupta, J. (Concurring) Can states levy sales tax on ‘Pan Masala’ and ‘gutka’ when these products are already subject to […]

Supreme Court clarifies taxability of Pan Masala under State Laws: M/S Trimurthi Fragrances (P) Ltd. vs. Government of N.C.T. of Delhi (2022) INSC 751 (19 September 2022) Read Post »

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022)

/ Abhay S. Oka, Allotment Letter, Breach of contract, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(f), Consumer Protection Act, 1986 with Section 2(g), Contract Law, Deficiency in Service, Judges, Surya Kant, Terms and Conditions

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) LEGAL ISSUE: Whether a consumer can claim a refund for a delayed property possession before the expiry of the grace period as per the agreement. CASE TYPE: Consumer Case Name: Sudha & Ors. vs. Jaiprakash Associates Limited Judgment Date: 16 September

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) Read Post »

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 176(3), Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 25, Fundamental Rights, J.B. Pardiwala, Judges, Surya Kant

Supreme Court Upholds Right to Dignified Burial, Denies Exhumation in Terrorist Encounter Case LEGAL ISSUE: Balancing the right to a dignified burial with concerns of public order and security. CASE TYPE: Writ Petition/Civil Appeal Case Name: Mohammad Latief Magrey vs. The Union Territory of Jammu and Kashmir & Ors. Judgment Date: 12 September 2022 Date

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022) Read Post »

Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022)

/ Abhay S. Oka, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 7, Contract Law, Contract Law with Arbitration Clause, Development Agreement, Judges, Surya Kant

Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022) LEGAL ISSUE: Whether a clause in a development agreement constitutes a valid arbitration agreement even if it does not explicitly state that the arbitrator’s decision will be “final and binding.” CASE

Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022) Read Post »

Supreme Court Enhances Sentence in Assault Case: Sahebrao Arjun Hon vs. Raosaheb & Ors. (2022)

/ Abhay S. Oka, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 357A, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 326, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, Surya Kant

Supreme Court Enhances Sentence in Assault Case: Sahebrao Arjun Hon vs. Raosaheb & Ors. (2022) LEGAL ISSUE: Whether the High Court was justified in reducing the sentence awarded by the Trial Court in a case involving serious assault. CASE TYPE: Criminal Case Name: Sahebrao Arjun Hon vs. Raosaheb s/o Kashinath Hon & Ors. Judgment Date:

Supreme Court Enhances Sentence in Assault Case: Sahebrao Arjun Hon vs. Raosaheb & Ors. (2022) Read Post »

Supreme Court expands abortion rights to unmarried women: X vs. The Principal Secretary (2022)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Medical Termination of Pregnancy Act, 1971, Medical Termination of Pregnancy Act, 1971 with Section 3, Medical Termination of Pregnancy Rules, 2003, Surya Kant

Supreme Court expands abortion rights to unmarried women: X vs. The Principal Secretary (2022) LEGAL ISSUE: Whether unmarried women are eligible for abortion between 20 and 24 weeks of pregnancy under the Medical Termination of Pregnancy Act, 1971. CASE TYPE: Medical Termination of Pregnancy Law Case Name: X vs. The Principal Secretary, Health and Family

Supreme Court expands abortion rights to unmarried women: X vs. The Principal Secretary (2022) Read Post »

Multiple FIRs against Mohammed Zubair: Supreme Court Transfers Investigation to Delhi Police (20 July 2022)

/ A S Bopanna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 41, Code of Criminal Procedure, 1973 with Section 438, Constitutional Law, Constitutional Law with Article 19(1)(a), Dhananjaya Y Chandrachud, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 153-A, Indian Penal Code, 1860 with Section 295-A, Judges, Offences against Public Tranquility, Surya Kant

Supreme Court Orders Transfer of Multiple FIRs Against Mohammed Zubair to Delhi Police LEGAL ISSUE: Whether multiple FIRs for similar offenses based on the same set of facts (tweets) can be registered against an individual, and whether the investigation can be transferred to a single agency. CASE TYPE: Criminal Case Name: Mohammed Zubair vs. State

Multiple FIRs against Mohammed Zubair: Supreme Court Transfers Investigation to Delhi Police (20 July 2022) Read Post »

Supreme Court Upholds Murder Conviction Based on Eyewitness Testimony: Shahaja vs. State of Maharashtra (2022)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Evidence Act, 1872 with Section 8, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Offences Against Human Body, Surya Kant

Supreme Court Upholds Murder Conviction Based on Eyewitness Testimony: Shahaja vs. State of Maharashtra (2022) LEGAL ISSUE: Whether the High Court erred in upholding a murder conviction based on eyewitness testimony and circumstantial evidence. CASE TYPE: Criminal Case Name: Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Judgment Date]: 14 July 2022 Introduction

Supreme Court Upholds Murder Conviction Based on Eyewitness Testimony: Shahaja vs. State of Maharashtra (2022) Read Post »

Supreme Court Clarifies Discharge Rules for Assam Rifles Personnel: Amarendra Kumar Pandey vs. Union of India (2022)

/ Administrative Law, Administrative Law with Reasoned Orders, Disciplinary Proceedings, J.B. Pardiwala, Judges, Judicial Review, Service Law, Service Law with Assam Rifles Act, 1941, Surya Kant

Supreme Court Clarifies Discharge Rules for Assam Rifles Personnel: Amarendra Kumar Pandey vs. Union of India (2022) LEGAL ISSUE: Whether discharge from service is mandatory for Assam Rifles personnel upon receiving four Red Ink entries. CASE TYPE: Service Law (Armed Forces). Case Name: Amarendra Kumar Pandey vs. Union of India & Ors. [Judgment Date]: July

Supreme Court Clarifies Discharge Rules for Assam Rifles Personnel: Amarendra Kumar Pandey vs. Union of India (2022) Read Post »

Supreme Court Upholds Murder Conviction Based on Oral Dying Declaration: Kamal Khudal vs. State of Assam (2022)

/ Dying Declaration, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, J.B. Pardiwala, Judges, Offences Against Human Body, Surya Kant

Supreme Court Upholds Murder Conviction Based on Oral Dying Declaration: Kamal Khudal vs. State of Assam (2022) LEGAL ISSUE: Whether an oral dying declaration can be the sole basis for conviction in a murder case. CASE TYPE: Criminal Case Name: Kamal Khudal vs. State of Assam Judgment Date: 14 July 2022 Date of the Judgment:

Supreme Court Upholds Murder Conviction Based on Oral Dying Declaration: Kamal Khudal vs. State of Assam (2022) Read Post »

Supreme Court settles seniority of Munsiffs: Manoj Parihar vs. State of Jammu & Kashmir (2022) INSC 578 (27 June 2022)

/ Constitutional Law, Constitutional Law with Article 16, Direct Recruitment, J.B. Pardiwala, Judges, Seniority, Service Law, Surya Kant

Supreme Court settles seniority of Munsiffs: Manoj Parihar vs. State of Jammu & Kashmir (2022) INSC 578 (27 June 2022) LEGAL ISSUE: Whether the inter-se seniority of Munsiffs should be determined based on roster points or merit. CASE TYPE: Service Law. Case Name: Manoj Parihar & Ors. vs. State of Jammu & Kashmir & Ors.

Supreme Court settles seniority of Munsiffs: Manoj Parihar vs. State of Jammu & Kashmir (2022) INSC 578 (27 June 2022) Read Post »

Supreme Court Clarifies GST on Ocean Freight in CIF Contracts: Union of India vs. Mohit Minerals Pvt. Ltd. (2022) INSC 486

/ Constitutional Law, Constitutional Law with Article 269A, Constitutional Law with Article 286(2), Customs Act 1962, Customs Act 1962 with Section 2(26), Dhananjaya Y Chandrachud, Goods and Services Tax Act, Goods and Services Tax Act with Section 5(1), Goods and Services Tax Act with Section 5(3), Integrated Goods and Services Tax Act, 2017, Judges, Surya Kant, Vikram Nath

Supreme Court Clarifies GST on Ocean Freight in CIF Contracts: Union of India vs. Mohit Minerals Pvt. Ltd. (2022) INSC 486 LEGAL ISSUE: Whether Integrated Goods and Services Tax (IGST) can be levied on the ocean freight component of Cost-Insurance-Freight (CIF) contracts, and whether the Indian importer can be deemed the recipient of shipping services.

Supreme Court Clarifies GST on Ocean Freight in CIF Contracts: Union of India vs. Mohit Minerals Pvt. Ltd. (2022) INSC 486 Read Post »

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