Supreme Court Clarifies Procedure for Ex-Parte Orders under Companies Act: Surender Kumar Gupta vs. JM Housing Limited (2021) LEGAL ISSUE: Procedure for challenging ex-parte orders passed by the National Company Law Tribunal (NCLT). CASE TYPE: Company Law, Oppression and Mismanagement. Case Name: Mr. Surender Kumar Gupta and Others vs. J M Housing Limited and Others. […]
Supreme Court clarifies SEBI’s power to pass ex-parte orders in insider trading cases: SEBI vs. Udayant Malhoutra (2020) LEGAL ISSUE: Whether the Securities and Exchange Board of India (SEBI) can pass an ex-parte interim order directing the deposit of funds during an investigation for insider trading. CASE TYPE: Securities Law, Insider Trading Case Name: Securities
Supreme Court Quashes Blacklisting Order: UMC Technologies vs. Food Corporation of India (2020) LEGAL ISSUE: Whether a blacklisting order is valid if the show cause notice does not explicitly mention the intention to blacklist. CASE TYPE: Contract Law, Administrative Law Case Name: UMC Technologies Private Limited vs. Food Corporation of India and Anr. [Judgment Date]:
Supreme Court quashes indefinite blacklisting for misbranding: Vetindia Pharmaceuticals vs. State of Uttar Pradesh (2020) INSC 464 LEGAL ISSUE: Whether an indefinite blacklisting order for a minor misbranding error, without a specific show cause notice, is valid. CASE TYPE: Contract Law/ Writ Jurisdiction Case Name: Vetindia Pharmaceuticals Limited vs. State of Uttar Pradesh and Another
Supreme Court quashes indefinite ban on pharmaceutical supplier: M/S Daffodills Pharmaceuticals Ltd. vs. State of U.P. (2019) LEGAL ISSUE: Whether a state government can indefinitely ban a pharmaceutical supplier without a prior hearing based on a criminal case against a former director. CASE TYPE: Contract Law, Public Procurement, Writ Jurisdiction Case Name: M/S Daffodills Pharmaceuticals
Supreme Court Quashes Reversion Order for Town Planner Due to Lack of Hearing: Aurangabad Municipal Corporation vs. Jayant Kharwadkar (2019) LEGAL ISSUE: Whether a municipal corporation can revert an employee from their promoted position without providing them an opportunity to be heard. CASE TYPE: Service Law Case Name: Aurangabad Municipal Corporation vs. Jayant S/O Sarvottamrao
Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019) Date of the Judgment: 23 September 2019 Citation: (2019) INSC 954 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a disciplinary inquiry be deemed valid if the employee is not given a fair chance to present their case? The Supreme
Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019) Read Post »
Supreme Court Directs Refund of Security Deposit in Dealership Termination Case: Indian Oil Corporation vs. Lala Bhairo Prasad Saraf and Sons (2019) LEGAL ISSUE: Whether the High Court was right in setting aside the termination of a dealership on the ground of violation of principles of natural justice, and the appropriate remedy in such cases.
Supreme Court Upholds Bank’s Decision: No Repeated Hearings for Employees in Disciplinary Cases (25 July 2019) LEGAL ISSUE: Whether an employee is entitled to multiple opportunities for a hearing in disciplinary proceedings. CASE TYPE: Service Law Case Name: State Bank of India & Ors. vs. Atindra Nath Bhattacharyya & Anr. [Judgment Date]: 25 July 2019
Supreme Court Upholds Commissioner’s Authority, Sets Aside High Court’s Remarks in Liquor License Case (2019) LEGAL ISSUE: Whether a High Court can pass adverse remarks against an appellate authority and issue anticipatory directions in a matter related to liquor licenses. CASE TYPE: Excise Law, Administrative Law Case Name: Manish S. Pardasani (M/s Wine Kornder) etc.
Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018) Date of the Judgment: 02 July 2018 Citation: 2018 INSC 605 Judges: Adarsh Kumar Goel, J., Ashok Bhushan, J. (authored the judgment) Can a disciplinary inquiry be deemed fair if the Inquiry Officer also acts as the prosecutor?
Supreme Court Orders Fresh Hearing in Land Dispute: Ashim Ranjan Das vs. Shibu Bodhak (2018) LEGAL ISSUE: Whether a land dispute case should be re-heard by the Land Tribunal for violation of natural justice CASE TYPE: Land Dispute Case Name: Ashim Ranjan Das (D) BY LRS. vs. Shibu Bodhak & ORS. [Judgment Date]: April 05,
