Supreme Court clarifies maintainability of miscellaneous applications in disposed of cases: Ajay Kumar Jain vs. State of Uttar Pradesh (2024) INSC 958 (09 December 2024)

/ Civil Procedure, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 32, Functus Officio, Fundamental Rights, Miscellaneous Application

Supreme Court clarifies maintainability of miscellaneous applications in disposed of cases: Ajay Kumar Jain vs. State of Uttar Pradesh (2024) INSC 958 (09 December 2024) Date of the Judgment: 09 December 2024 Citation: (2024) INSC 958 Judges: Justice J.B. Pardiwala and Justice R. Mahadevan Can a litigant file a miscellaneous application in a case that […]

Supreme Court clarifies maintainability of miscellaneous applications in disposed of cases: Ajay Kumar Jain vs. State of Uttar Pradesh (2024) INSC 958 (09 December 2024) Read Post »

Supreme Court to Reconcile Conflicting Views on Hindu Women’s Property Rights: Tej Bhan vs Ram Kishan (2024)

/ Hindu Adoptions and Maintenance Act, Hindu Adoptions and Maintenance Act with Section 18, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 14, Maintenance Rights, Property Rights of Women

Supreme Court to Reconcile Conflicting Views on Hindu Women’s Property Rights: Tej Bhan vs Ram Kishan (2024) LEGAL ISSUE: Interpretation of Section 14 of the Hindu Succession Act, 1956, particularly the interplay between sub-sections (1) and (2) regarding the property rights of Hindu women. CASE TYPE: Civil Law – Property Rights Case Name: Tej Bhan

Supreme Court to Reconcile Conflicting Views on Hindu Women’s Property Rights: Tej Bhan vs Ram Kishan (2024) Read Post »

Supreme Court clarifies promotion eligibility for deputation employees: National Highway Authority of India vs. G Athipathi (2024)

/ Deputation, National Highways Authority of India, National Highways Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996, Promotion, Recruitment, Service Law

Supreme Court clarifies promotion eligibility for deputation employees: National Highway Authority of India vs. G Athipathi (2024) LEGAL ISSUE: Whether prior deputation service can be counted towards promotion eligibility after a break in service due to repatriation and subsequent direct recruitment. CASE TYPE: Service Law Case Name: National Highway Authority of India vs. G Athipathi

Supreme Court clarifies promotion eligibility for deputation employees: National Highway Authority of India vs. G Athipathi (2024) Read Post »

Supreme Court Commutes Death Sentence Due to Delay in Execution: State of Maharashtra vs. Pradeep Yashwant Kokade (2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 366, Code of Criminal Procedure, 1973 with Section 413, Code of Criminal Procedure, 1973 with Section 414, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376(2)(g), Offences Against Human Body

Supreme Court Commutes Death Sentence Due to Delay in Execution: State of Maharashtra vs. Pradeep Yashwant Kokade (2024) LEGAL ISSUE: Whether undue delay in executing a death sentence warrants its commutation to life imprisonment. CASE TYPE: Criminal Law Case Name: State of Maharashtra & Ors. vs. Pradeep Yashwant Kokade & Anr. [Judgment Date]: 9 December

Supreme Court Commutes Death Sentence Due to Delay in Execution: State of Maharashtra vs. Pradeep Yashwant Kokade (2024) Read Post »

Supreme Court grants parity in permanent commission to Army Dental Corps officer: Lt. Col. Suprita Chandel vs. Union of India (2024) INSC 942 (09 December 2024)

/ Constitutional Law, Constitutional Law with Article 142, Fundamental Rights, Permanent Commission, Service Law, Service Law with Army Instructions

Supreme Court grants parity in permanent commission to Army Dental Corps officer: Lt. Col. Suprita Chandel vs. Union of India (2024) INSC 942 (09 December 2024) Date of the Judgment: 09 December 2024 Citation: (2024) INSC 942 Judges: B.R. Gavai, J. and K.V. Viswanathan, J. Can a government department deny a benefit to an individual

Supreme Court grants parity in permanent commission to Army Dental Corps officer: Lt. Col. Suprita Chandel vs. Union of India (2024) INSC 942 (09 December 2024) Read Post »

Supreme Court Clarifies “Optional” Arbitration Clauses in Partnership Deeds: Tarun Dhameja vs. Sunil Dhameja (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Disputes in Partnership, Interpretation of Arbitration Clauses, Partnership Deed, Partnership Law

Supreme Court Clarifies “Optional” Arbitration Clauses in Partnership Deeds: Tarun Dhameja vs. Sunil Dhameja (2024) LEGAL ISSUE: Interpretation of arbitration clauses in partnership deeds, specifically the meaning of “optional” arbitration. CASE TYPE: Arbitration Law Case Name: Tarun Dhameja vs. Sunil Dhameja & Anr. Judgment Date: 06 December 2024 Date of the Judgment: 06 December 2024

Supreme Court Clarifies “Optional” Arbitration Clauses in Partnership Deeds: Tarun Dhameja vs. Sunil Dhameja (2024) Read Post »

Supreme Court Upholds Murder Conviction in Political Rivalry Case: Kunhimuhammed vs. State of Kerala (2024)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Offences Against Human Body

Supreme Court Upholds Murder Conviction in Political Rivalry Case: Kunhimuhammed vs. State of Kerala (2024) LEGAL ISSUE: Whether the act of stabbing and killing during a scuffle amounts to murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Law Case Name: Kunhimuhammed @ Kunheethu vs. The State of Kerala [Judgment Date]: December 06,

Supreme Court Upholds Murder Conviction in Political Rivalry Case: Kunhimuhammed vs. State of Kerala (2024) Read Post »

Supreme Court Upholds Retirement Age of 60 for Director at CSI Institute Affiliated with JNT University: P.J. Dharmaraj vs. Church of South India & Ors. (2024) INSC 938 (6 December 2024)

/ Constitutional Law, Retirement Age, Service Law, Service Law with G.O.Ms.No.40, Superannuation

Supreme Court Upholds Retirement Age of 60 for Director at CSI Institute Affiliated with JNT University LEGAL ISSUE: Whether the enhanced retirement age of 65 years for teachers in technical institutions, as per amended AICTE and UGC regulations, automatically applies to a Director of an affiliated institute when the state government and affiliating university have

Supreme Court Upholds Retirement Age of 60 for Director at CSI Institute Affiliated with JNT University: P.J. Dharmaraj vs. Church of South India & Ors. (2024) INSC 938 (6 December 2024) Read Post »

Supreme Court enhances land compensation based on escalation principle: R. Manohara Murthy vs. Assistant Commissioner (2024)

/ Compensation, Escalation Principle, Fair Market Value, Land Acquisition, Land Acquisition Act, Principles of Compensation

Supreme Court enhances land compensation based on escalation principle: R. Manohara Murthy vs. Assistant Commissioner (2024) LEGAL ISSUE: Determination of fair market value for land acquisition using escalation principles. CASE TYPE: Land Acquisition Case Name: R. Manohara Murthy & Others vs. Assistant Commissioner and Land Acquisition Officer [Judgment Date]: December 05, 2024 Date of the

Supreme Court enhances land compensation based on escalation principle: R. Manohara Murthy vs. Assistant Commissioner (2024) Read Post »

Supreme Court clarifies the scope of Magistrate’s power to direct further investigation: P.N.D. Prasad vs. Billa Satish & Others (2024) INSC 964 (05 December 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Further Investigation, Protest Petition

Supreme Court clarifies the scope of Magistrate’s power to direct further investigation: P.N.D. Prasad vs. Billa Satish & Others (2024) INSC 964 (05 December 2024) Date of the Judgment: 05 December 2024 Citation: 2024 INSC 964 Judges: B.V. Nagarathna, J. and Nongmeikapam Kotiswar Singh, J. Can a Magistrate direct the police to “reconsider” a case

Supreme Court clarifies the scope of Magistrate’s power to direct further investigation: P.N.D. Prasad vs. Billa Satish & Others (2024) INSC 964 (05 December 2024) Read Post »

Supreme Court Upholds Employee Rights in Termination Case: Basudev Dutta vs. State of West Bengal (2024)

/ Administrative Actions, Administrative Law, Administrative Law with Reasoned Orders, Citizenship by Descent, Citizenship Law, Citizenship Law with Citizenship Act, 1955, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Service Law, Service Law with Principles of Natural Justice, Termination of Service

Supreme Court Upholds Employee Rights in Termination Case: Basudev Dutta vs. State of West Bengal (2024) LEGAL ISSUE: Whether an employee can be terminated without a proper inquiry and in violation of natural justice principles. CASE TYPE: Service Law Case Name: Basudev Dutta vs. The State of West Bengal & Ors. Judgment Date: 05 December

Supreme Court Upholds Employee Rights in Termination Case: Basudev Dutta vs. State of West Bengal (2024) Read Post »

Supreme Court clarifies maintainability of Section 482 CrPC petitions for interim maintenance: Akanksha Arora vs. Tanay Maben (2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Code of Criminal Procedure, 1973 with Section 397, Code of Criminal Procedure, 1973 with Section 482

Supreme Court clarifies maintainability of Section 482 CrPC petitions for interim maintenance: Akanksha Arora vs. Tanay Maben (2024) LEGAL ISSUE: Whether a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) is maintainable for seeking enhancement of interim maintenance when a remedy of revision under Section 397 CrPC is available. CASE TYPE:

Supreme Court clarifies maintainability of Section 482 CrPC petitions for interim maintenance: Akanksha Arora vs. Tanay Maben (2024) Read Post »

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