Supreme Court clarifies Time-Bound Promotion Scheme for Electricians: Institute of Chartered Accountants of India vs. J.R. William Singh (24 January 2020)

/ Ashok Bhushan, Employee Rights, Judges, M. R. Shah, Service Law, Settlement Agreements, Time Bound Promotion Scheme

Supreme Court clarifies Time-Bound Promotion Scheme for Electricians: Institute of Chartered Accountants of India vs. J.R. William Singh (2020) Date of the Judgment: 24 January 2020 Citation: Civil Appeal No. 200 of 2020 Judges: Ashok Bhushan, J., M. R. Shah, J. Can an employee, specifically an electrician, claim a time-bound promotion to a higher post, […]

Supreme Court clarifies Time-Bound Promotion Scheme for Electricians: Institute of Chartered Accountants of India vs. J.R. William Singh (24 January 2020) Read Post »

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020)

/ Constitutional Law, Constitutional Law with Article 16(4-A), Constitutional Law with Article 309, Indira Banerjee, Judges, M.R. Shah, Reservation in Promotion, Seniority, Service Law, Service Law with Rajasthan Administrative Service Rules, 1954, Uday Umesh Lalit

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020) LEGAL ISSUE: Whether the State of Rajasthan was in contempt of court for not following the directions of the Supreme Court regarding the grant of consequential seniority to Scheduled Caste/Scheduled Tribe employees in promotions. CASE TYPE: Contempt Petition (Civil) Case

Supreme Court Closes Contempt Petition Regarding Seniority of Rajasthan Administrative Service Officers (23 January 2020) Read Post »

Supreme Court Upholds Appointment of Vice-Principal: Governing Body Swami Shraddhanand College vs. Amar Nath Jha (23 January 2020)

/ A.S. Bopanna, Appointment of Faculty, Clause 4(4), Ordinance XVIII, University of Delhi, Clause 7(3), Ordinance XVIII, University of Delhi, Education Law, Judges, Ordinance XVIII, University of Delhi, R. Banumathi, Service Law, University Regulations

Supreme Court Upholds Appointment of Vice-Principal: Governing Body Swami Shraddhanand College vs. Amar Nath Jha (2020) LEGAL ISSUE: Whether the University can reject the appointment of a Vice-Principal by a college’s Governing Body on the grounds of lack of prior approval, especially when such approvals have been granted post-facto in the past. CASE TYPE: Education

Supreme Court Upholds Appointment of Vice-Principal: Governing Body Swami Shraddhanand College vs. Amar Nath Jha (23 January 2020) Read Post »

Supreme Court Allows Customs Duty Exemption Based on Clarificatory Notification: Granules India Ltd. vs. Union of India (23 January 2020)

/ Advance Licence Scheme, Customs Act, 1962, Customs Act, 1962 with Section 28(1), Customs Duty Exemption, Judges, Krishna Murari, Navin Sinha

Supreme Court Allows Customs Duty Exemption Based on Clarificatory Notification: Granules India Ltd. vs. Union of India (23 January 2020) LEGAL ISSUE: Whether a customs duty exemption can be denied to an importer when a clarificatory notification extends the exemption to goods imported under an advance license, despite an intervening notification that temporarily withdrew the

Supreme Court Allows Customs Duty Exemption Based on Clarificatory Notification: Granules India Ltd. vs. Union of India (23 January 2020) Read Post »

Supreme Court Upholds Conviction in Homicidal Death Case: Nawab vs. State of Uttarakhand (22 January 2020)

/ Ashok Bhushan, Burden of Proof, Circumstantial Evidence, Criminal Law, Homicide, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Navin Sinha

Supreme Court Upholds Conviction in Homicidal Death Case: Nawab vs. State of Uttarakhand (2020) Date of the Judgment: 22 January 2020 Citation: Criminal Appeal No. 884 of 2013 Judges: Ashok Bhushan, J., Navin Sinha, J. Can a person be convicted for murder based on circumstantial evidence and the failure to provide a plausible explanation when

Supreme Court Upholds Conviction in Homicidal Death Case: Nawab vs. State of Uttarakhand (22 January 2020) Read Post »

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII Rule 12, Code of Civil Procedure, 1908 with Order XXII Rule 5, Hemant Gupta, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 15, Judges, L. Nageswara Rao, Revisional Jurisdiction

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27 Date of the Judgment: 22 January 2020 Citation: (2020) INSC 27 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a person who is not a direct heir, but is named in a will,

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27 Read Post »

Supreme Court Upholds Bengaluru Court’s Jurisdiction in Domestic Violence Case: Shyam Lal Devda vs. Parimala (2020)

/ A.S. Bopanna, Hrishikesh Roy, Judges, Jurisdiction, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 27, R. Banumathi

Supreme Court Upholds Bengaluru Court’s Jurisdiction in Domestic Violence Case: Shyam Lal Devda vs. Parimala (2020) LEGAL ISSUE: Whether a Magistrate Court in Bengaluru has jurisdiction to hear a domestic violence case when the matrimonial home is elsewhere, but the aggrieved person is temporarily residing in Bengaluru. CASE TYPE: Criminal Case Name: Shyam Lal Devda

Supreme Court Upholds Bengaluru Court’s Jurisdiction in Domestic Violence Case: Shyam Lal Devda vs. Parimala (2020) Read Post »

Supreme Court Upholds Resolution Plan, Emphasizes Commercial Wisdom of Creditors: Maharashtra Seamless Ltd. vs. Padmanabhan Venkatesh (22 January 2020)

/ Aniruddha Bose, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12-A, Insolvency and Bankruptcy Code, 2016 with Section 30, Judges, Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court Upholds Resolution Plan, Emphasizes Commercial Wisdom of Creditors: Maharashtra Seamless Ltd. vs. Padmanabhan Venkatesh (2020) LEGAL ISSUE: Whether a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC) must match the liquidation value of the corporate debtor and whether a successful resolution applicant can withdraw from the process after the plan’s approval.

Supreme Court Upholds Resolution Plan, Emphasizes Commercial Wisdom of Creditors: Maharashtra Seamless Ltd. vs. Padmanabhan Venkatesh (22 January 2020) Read Post »

Supreme Court Upholds Conviction in Murder Case: Duleshwar & Anr. vs. State of M.P. (21 January 2020)

/ A.M. Khanwilkar, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case: Duleshwar & Anr. vs. State of M.P. (2020) LEGAL ISSUE: Whether the accused persons were part of an unlawful assembly that caused the death of the deceased. CASE TYPE: Criminal Law – Murder, Rioting Case Name: Duleshwar & Anr. vs. The State of M.P. (Now Chhattisgarh) Judgment Date:

Supreme Court Upholds Conviction in Murder Case: Duleshwar & Anr. vs. State of M.P. (21 January 2020) Read Post »

Supreme Court settles Fixed Cost Recovery in Power Purchase Agreement Disputes: Haryana Power Purchase Centre vs. Magnum Power Generation Limited (2020)

/ Breach of contract, Contract Law, Electricity Act with Section 86(1)(f), Electricity Law, Judges, Power Purchase Agreement, Rohinton Fali Nariman, Tariff Order, V. Ramasubramanian

Supreme Court Settles Fixed Cost Recovery in Power Purchase Agreement Disputes: Haryana Power Purchase Centre vs. Magnum Power Generation Limited (2020) LEGAL ISSUE: Whether a power generator is entitled to fixed costs under a Power Purchase Agreement (PPA) when no power is purchased due to a tariff order. CASE TYPE: Electricity Law, Contract Law Case

Supreme Court settles Fixed Cost Recovery in Power Purchase Agreement Disputes: Haryana Power Purchase Centre vs. Magnum Power Generation Limited (2020) Read Post »

Supreme Court Clarifies Abatement of Appeals in Cases Involving Both Imprisonment and Fine: Ramesan vs. State of Kerala (21 January 2020)

/ Abatement of Appeals, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 394, Code of Criminal Procedure, 1973 with Section 421, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 70, Judges, M.R. Shah

Supreme Court Clarifies Abatement of Appeals in Cases Involving Both Imprisonment and Fine: Ramesan vs. State of Kerala (2020) LEGAL ISSUE: Whether an appeal against a composite sentence of imprisonment and fine abates entirely upon the death of the appellant, or can it continue for the fine component. CASE TYPE: Criminal Law Case Name: Ramesan

Supreme Court Clarifies Abatement of Appeals in Cases Involving Both Imprisonment and Fine: Ramesan vs. State of Kerala (21 January 2020) Read Post »

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLVII, Code of Civil Procedure, 1908 with Section 22, Judges, R.F. Nariman, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 19, Recovery of Debts and Bankruptcy Act, 1993 with Section 20, Recovery of Debts and Bankruptcy Act, 1993 with Section 24, V. Ramasubramanian

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act LEGAL ISSUE: Whether the provisions of the Limitation Act, 1963 apply to review petitions filed under Rule 5A of the Debt Recovery Tribunal (Procedure) Rules, 1993, under the Recovery of Debts and Bankruptcy Act, 1993. CASE TYPE: Debt Recovery/Banking Law Case Name: Standard

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act Read Post »

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