Uday Umesh Lalit

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017)

/ Adarsh Kumar Goel, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24B, ICU Facilities, Judges, Medical Infrastructure, Medical Law, Medical Negligence, Uday Umesh Lalit

Date of the Judgment: 30 August 2017 Citation: (2017) INSC 739 Judges: Adarsh Kumar Goel, J. and Uday Umesh Lalit, J. Can a hospital be held liable for medical negligence if it performs surgery without adequate post-operative care facilities? The Supreme Court of India addressed this critical question in a case concerning the death of […]

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017) Read Post »

Supreme Court issues guidelines to prevent misuse of Section 498A IPC in matrimonial cases: Rajesh Sharma & Ors. vs. State of U.P. & Anr. (27 July 2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 498A, Judges, Offences Relating to Marriage, Uday Umesh Lalit

Can the criminal justice system be used to harass innocent family members in matrimonial disputes? The Supreme Court of India addressed this critical issue in Rajesh Sharma & Ors. vs. State of U.P. & Anr., acknowledging the misuse of Section 498A of the Indian Penal Code (IPC). This provision, intended to protect women from cruelty,

Supreme Court issues guidelines to prevent misuse of Section 498A IPC in matrimonial cases: Rajesh Sharma & Ors. vs. State of U.P. & Anr. (27 July 2017) Read Post »

Supreme Court Invalidates Shiksha Mitra Appointments as Teachers: State of UP vs. Anand Kumar Yadav (25 July 2017)

/ Adarsh Kumar Goel, Constitutional Law, Constitutional Law with Article 243G, Fundamental Rights, Judges, National Council for Teacher Education Act, 1993, Right of Children to Free and Compulsory Education Act, 2009, Right of Children to Free and Compulsory Education Act, 2009 with Section 23, Uday Umesh Lalit

LEGAL ISSUE: Whether unqualified teachers can be appointed for basic education, and whether the State can relax statutory qualifications. CASE TYPE: Education Law, Service Law Case Name: State of U.P. & Anr. vs. Anand Kumar Yadav & Ors. Judgment Date: 25 July 2017 Introduction Date of the Judgment: 25 July 2017 Citation: (2017) INSC 683

Supreme Court Invalidates Shiksha Mitra Appointments as Teachers: State of UP vs. Anand Kumar Yadav (25 July 2017) Read Post »

Supreme Court Relaxes Graduation Marks for B.Ed. Teachers: Neeraj Kumar Rai vs. State of U.P. (25 July 2017)

/ Adarsh Kumar Goel, Constitutional Law, Constitutional Law with Article 14, Education Law, Judges, National Council for Teacher Education (NCTE), Right of Children to Free and Compulsory Education Act, 2009 with Section 23(1), Teacher Eligibility, Uday Umesh Lalit

LEGAL ISSUE: Whether candidates with a B.Ed. degree and 50% marks in post-graduation can be disqualified from teaching positions due to not having 50% marks in graduation, despite being eligible for B.Ed. admission based on their post-graduation marks. CASE TYPE: Education Law Case Name: Neeraj Kumar Rai and ors. vs. State of U.P. & Others

Supreme Court Relaxes Graduation Marks for B.Ed. Teachers: Neeraj Kumar Rai vs. State of U.P. (25 July 2017) Read Post »

Supreme Court Orders CBI Probe into Manipur Extrajudicial Killings: Extra Judl. Exec. Victim Families Assn. vs. Union of India (2017)

/ Judges, Madan B. Lokur, Protection of Human Rights Act, 1993, Protection of Human Rights Act, 1993 with Section 11, Uday Umesh Lalit

LEGAL ISSUE: Investigation into alleged extrajudicial killings by security forces. CASE TYPE: Criminal Writ Petition Case Name: Extra Judl. Exec. Victim Families Assn. & Anr. vs. Union of India & Ors. Judgment Date: July 14, 2017 Introduction Date of the Judgment: July 14, 2017 Citation: Not Available in Source Judges: Madan B. Lokur, J., Uday

Supreme Court Orders CBI Probe into Manipur Extrajudicial Killings: Extra Judl. Exec. Victim Families Assn. vs. Union of India (2017) Read Post »

Supreme Court clarifies procedure for Section 138 Negotiable Instruments Act cases: Meters and Instruments vs. Kanchan Mehta (2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 205, Code of Criminal Procedure, 1973 with Section 258, Code of Criminal Procedure, 1973 with Section 357, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 143, Negotiable Instruments Act, 1881 with Section 147, Uday Umesh Lalit

Can proceedings under Section 138 of the Negotiable Instruments Act be closed if the accused is willing to pay the cheque amount? The Supreme Court of India recently addressed this question in a case concerning cheque dishonor. The court clarified the procedure, emphasizing the compensatory nature of the law and the possibility of closing proceedings

Supreme Court clarifies procedure for Section 138 Negotiable Instruments Act cases: Meters and Instruments vs. Kanchan Mehta (2017) Read Post »

Supreme Court settles rights of alienee in re-granted service inam land: N. Venkateshappa vs. Munemma & Ors (2016)

/ Doctrine of Feeding the Grant by Estoppel, Judges, Karnataka Village Offices Act, 1961, Karnataka Village Offices Act, 1961 with Section 4, Karnataka Village Offices Act, 1961 with Section 5, Karnataka Village Offices Act, 1961 with Section 7, Transfer of Property Act, Transfer of Property Act with Section 43, Uday Umesh Lalit, V. Gopala Gowda

Can an alienee of service inam land claim title after the land is re-granted to the original holder? The Supreme Court of India recently addressed this question. The court considered the rights of alienees when the alienation occurred between February 1, 1963, and August 7, 1978. The bench comprised Justices V. Gopala Gowda and Uday

Supreme Court settles rights of alienee in re-granted service inam land: N. Venkateshappa vs. Munemma & Ors (2016) Read Post »

Supreme Court Upholds Compensation for Truck Driver’s Death: Jaya Biswal vs. IFFCO Tokio (2016)

/ Employee's Compensation Act, 1923, Employee's Compensation Act, 1923 with Section 3(1), Employee's Compensation Act, 1923 with Section 30(1), Judges, Uday Umesh Lalit, V. Gopala Gowda

Can an employer avoid compensation for a worker’s death if the worker was negligent? The Supreme Court of India addressed this question in a case involving a truck driver’s fatal accident. The court clarified the scope of the Employee’s Compensation Act, 1923, emphasizing its welfare nature. This judgment highlights the importance of protecting workers and

Supreme Court Upholds Compensation for Truck Driver’s Death: Jaya Biswal vs. IFFCO Tokio (2016) Read Post »

Supreme Court clarifies when a witness can be summoned as an accused in corruption cases (23 August 2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 306, Code of Criminal Procedure, 1973 with Section 319, Judges, Uday Umesh Lalit

Can a person initially named as a witness be summoned as an accused later in a criminal trial? The Supreme Court of India addressed this crucial question in a case involving alleged corruption. The court clarified the circumstances under which a person, initially considered a witness, can be summoned as an accused. This judgment impacts

Supreme Court clarifies when a witness can be summoned as an accused in corruption cases (23 August 2017) Read Post »

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