Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019) LEGAL ISSUE: Whether an employee terminated for excessive absenteeism, despite prior sanction of leave, is entitled to full back wages upon reinstatement. CASE TYPE: Labour Law/Service Law Case Name: Anjana Mittal vs. Oil and Natural Gas Corporation Limited [Judgment Date]: July […]
Supreme Court Clarifies Stay on Arbitration Awards Against Government: PAM Developments vs. State of West Bengal (2019) LEGAL ISSUE: Whether a government can obtain an unconditional stay on an arbitral award for payment of money, by using Order XXVII Rule 8A of the Code of Civil Procedure (CPC), or whether the court should impose conditions
Supreme Court Clarifies Rights of Wilful Defaulters: Representation and Procedure LEGAL ISSUE: Whether a person declared a wilful defaulter by the Reserve Bank of India (RBI) is entitled to legal representation during the process. CASE TYPE: Banking Law, specifically concerning wilful defaulters. Case Name: State Bank of India vs. M/s. Jah Developers Pvt. Ltd. &
Supreme Court Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute Date of the Judgment: 08 May 2019 Citation: Civil Appeal No. 4779 of 2019 Judges: R.F. Nariman, J., Vineet Saran, J. Can a government body unilaterally change a contract’s price adjustment formula? The Supreme Court addressed this question in a dispute between Ssangyong
Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019) LEGAL ISSUE: Whether stringent penalties for minor clerical errors in record-keeping under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are constitutional. CASE
Supreme Court Clarifies Notice Requirements under Section 80 of the Code of Civil Procedure in Government Contract Disputes Date of the Judgment: 30 April 2019 Citation: CIVIL APPEAL NOS.4495-4496 OF 2019 Judges: R. F. Nariman, J. and Vineet Saran, J. Can a government contractor proceed with a civil suit against the State without strictly adhering
Supreme Court Allows Trade Unions to File Insolvency Petitions on Behalf of Workers (2019) LEGAL ISSUE: Whether a trade union can be considered an operational creditor under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: JK Jute Mill Mazdoor Morcha vs. Juggilal Kamlapat Jute Mills Company Ltd. Judgment Date: April 30,
Supreme Court Invalidates Compulsory Amalgamation under Section 396 of the Companies Act: 63 Moons Technologies Ltd. vs. Union of India (2019) INSC 441 LEGAL ISSUE: Whether a compulsory amalgamation order under Section 396 of the Companies Act, 1956, is valid when it does not adequately compensate the transferor company and its shareholders, and when the
Supreme Court Clarifies Waiver of Arbitrator Ineligibility under Section 12(5) of the Arbitration Act: Bharat Broadband Network Ltd. vs. United Telecoms Ltd. (2019) LEGAL ISSUE: Interpretation of Section 12(5) of the Arbitration and Conciliation Act, 1996, specifically regarding the waiver of arbitrator ineligibility. CASE TYPE: Arbitration Law Case Name: Bharat Broadband Network Limited vs. United
Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) LEGAL ISSUE: The enforceability of an arbitration agreement contained in an unstamped contract. CASE TYPE: Arbitration Law Case Name: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. [Judgment Date]: April 10,
Supreme Court Clarifies: Dharmada is Not Part of Transaction Value in Excise Duty Cases (2019) LEGAL ISSUE: Whether Dharmada, a voluntary charitable donation, is part of the transaction value for excise duty calculation. CASE TYPE: Central Excise Case Name: M/s D.J. Malpani vs. Commissioner of Central Excise, Nashik Judgment Date: 9 April 2019 Introduction Date
Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2019) LEGAL ISSUE: The core legal issue revolved around the validity of the Reserve Bank of India (RBI) circular dated 12.02.2018, which prescribed a revised framework for the resolution of stressed assets, particularly concerning the timelines for referring
