Supreme Court settles definition of “employee” under Employees’ Provident Fund Act for home-based garment workers: Provident Fund Office vs. Godavari Garments Ltd. (24 July 2019)

/ Abhay Manohar Sapre, Definition of Employee, Employees' Provident Fund and Miscellaneous Provisions Act, 1952, Employees' Provident Fund and Miscellaneous Provisions Act, 1952 with Section 2(f), Indu Malhotra, Judges, Social Security Law

Supreme Court Clarifies “Employee” Definition under EPF Act for Home-Based Garment Workers Date of the Judgment: 24 July 2019 Citation: (2019) INSC 721 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can home-based workers, specifically women engaged in garment stitching, be considered “employees” under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (EPF Act)? […]

Supreme Court settles definition of “employee” under Employees’ Provident Fund Act for home-based garment workers: Provident Fund Office vs. Godavari Garments Ltd. (24 July 2019) Read Post »

Supreme Court Restores Specific Performance Decree in Land Sale Dispute: Randhir Kaur vs. Prithvi Pal Singh (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Hemant Gupta, Judges, L. Nageswara Rao, Punjab Courts Act, 1918, Punjab Courts Act, 1918 with Section 41

Supreme Court Restores Specific Performance Decree in Land Sale Dispute: Randhir Kaur vs. Prithvi Pal Singh (2019) LEGAL ISSUE: Scope of interference in a second appeal regarding findings of fact; Validity of a sale agreement executed through a power of attorney holder. CASE TYPE: Civil (Specific Performance) Case Name: Randhir Kaur vs. Prithvi Pal Singh

Supreme Court Restores Specific Performance Decree in Land Sale Dispute: Randhir Kaur vs. Prithvi Pal Singh (2019) Read Post »

Supreme Court Upholds Special Court’s Power to Directly Take Cognizance in Electricity Theft Cases: A.M.C.S. Swamy vs. Mehdi Agah Karbalai (2019) INSC 710 (23 July 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 193, Code of Criminal Procedure, 1973 with Section 482, Electricity Act, 2003, Electricity Act, 2003 with Section 135, Electricity Act, 2003 with Section 151, Electricity Act, 2003 with Section 153, Judges, R. Banumathi, R. Subhash Reddy

Supreme Court Upholds Special Court’s Power to Directly Take Cognizance in Electricity Theft Cases Date of the Judgment: 23 July 2019 Citation: (2019) INSC 710 Judges: R. Banumathi, J., R. Subhash Reddy, J. Can a Special Court directly take cognizance of an offense under the Electricity Act, 2003, or is a committal order from a

Supreme Court Upholds Special Court’s Power to Directly Take Cognizance in Electricity Theft Cases: A.M.C.S. Swamy vs. Mehdi Agah Karbalai (2019) INSC 710 (23 July 2019) Read Post »

Supreme Court Upholds Decision Not to Summon Additional Accused Under Section 319 CrPC in Shiv Prakash Mishra vs. State of Uttar Pradesh (23 July 2019)

/ A.S. Bopanna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 307, Judges, Offences Against Human Body, R. Banumathi

Supreme Court Upholds Decision Not to Summon Additional Accused Under Section 319 CrPC LEGAL ISSUE: Whether a trial court can summon a person as an additional accused under Section 319 of the Code of Criminal Procedure (CrPC) based on evidence presented during the trial. CASE TYPE: Criminal Law Case Name: Shiv Prakash Mishra vs. State

Supreme Court Upholds Decision Not to Summon Additional Accused Under Section 319 CrPC in Shiv Prakash Mishra vs. State of Uttar Pradesh (23 July 2019) Read Post »

Supreme Court Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 5, Dhananjaya Y Chandrachud, Execution of Decree, Indira Banerjee, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 28

Supreme Court Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019) LEGAL ISSUE: Whether a decree for specific performance from a trial court merges with the decree of the appellate court, and if so, what impact it has on the execution of the decree, particularly concerning time limits for

Supreme Court Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019) Read Post »

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 11(4), Real Estate (Regulation and Development) Act, 2016 with Section 4(2)(l)(D), Real Estate (Regulation and Development) Act, 2016 with Section 8, Uday Umesh Lalit

Amrapali Group Homebuyers Win Relief: Supreme Court Orders Project Completion LEGAL ISSUE: Protection of homebuyers’ rights and completion of stalled real estate projects. CASE TYPE: Real Estate/Consumer Law. Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: 23 July 2019 Date of the Judgment: 23 July 2019 Citation: Not Available

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019) Read Post »

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (23 July 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 113B, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 34, Judges, K.M. Joseph, Offences Relating to Marriage, Presumptions, Sanjay Kishan Kaul, Statements to Police

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (2019) Date of the Judgment: 23 July 2019 Citation: 2019 INSC 712 Judges: Justice Sanjay Kishan Kaul and Justice K.M. Joseph Can a High Court reverse a trial court’s acquittal in a dowry death case based on unreliable witness testimony? The Supreme Court

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (23 July 2019) Read Post »

Supreme Court Overturns NCDRC Order in Housing Allotment Dispute: Rajasthan Housing Board vs. Ratan Devi (22 July 2019)

/ Constitutional Law, Constitutional Law with Article 142, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Limitation Period, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Limitation Period

Supreme Court Overturns NCDRC Order in Housing Allotment Dispute: Rajasthan Housing Board vs. Ratan Devi (2019) LEGAL ISSUE: Whether a consumer complaint filed after a significant delay can be entertained, particularly when the allottee failed to pay the balance amount for a housing unit within the stipulated time. CASE TYPE: Consumer Law Case Name: Rajasthan

Supreme Court Overturns NCDRC Order in Housing Allotment Dispute: Rajasthan Housing Board vs. Ratan Devi (22 July 2019) Read Post »

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case: Andhra Pradesh Pollution Control Board vs. CCL Products (India) Limited (22 July 2019)

/ Compliance, Contract Law, Dhananjaya Y Chandrachud, Environment (Protection) Rules, 1986, Environmental Law, Independent Contracts, Indira Banerjee, Judges, Pollution Control, Standards, Water (Prevention and Control of Pollution) Act 1974

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case Date of the Judgment: 22 July 2019 Citation: Civil Appeal No 7005 of 2017 Judges: Dr Dhananjaya Y Chandrachud, J and Indira Banerjee, J. The judgment was authored by Dr Dhananjaya Y Chandrachud, J. The Supreme Court of India recently addressed whether a bank guarantee

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case: Andhra Pradesh Pollution Control Board vs. CCL Products (India) Limited (22 July 2019) Read Post »

Supreme Court directs Securities Appellate Tribunal to reconsider penalty on PRRSAAR for financial irregularities: PRRSAAR vs. National Stock Exchange (2019)

/ A.M. Khanwilkar, Dinesh Maheshwari, Disciplinary Proceedings, Judges, National Stock Exchange of India, National Stock Exchange of India with Bye-law 8(a), National Stock Exchange of India with Chapter IV Rule 1, National Stock Exchange of India with Circular dated 27.06.2013, Securities Appellate Tribunal, Securities Law

Supreme Court directs Securities Appellate Tribunal to reconsider penalty on PRRSAAR for financial irregularities: PRRSAAR vs. National Stock Exchange (2019) LEGAL ISSUE: Whether the Securities Appellate Tribunal (SAT) properly considered the quantum of punishment imposed on a trading member by the National Stock Exchange (NSE) for financial irregularities. CASE TYPE: Securities Law, Disciplinary Proceedings Case

Supreme Court directs Securities Appellate Tribunal to reconsider penalty on PRRSAAR for financial irregularities: PRRSAAR vs. National Stock Exchange (2019) Read Post »

Supreme Court clarifies pay rules for suspended employees: State of Jharkhand vs. Amresh Narayan Sinha (2019)

/ Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Pay and Allowances, Service Law, Service Law with Rule 97, Suspension of Government Employees

Supreme Court clarifies pay rules for suspended employees: State of Jharkhand vs. Amresh Narayan Sinha (2019) LEGAL ISSUE: Whether a suspended government employee is automatically entitled to full pay and allowances upon revocation of suspension, even if disciplinary proceedings are pending. CASE TYPE: Service Law Case Name: State of Jharkhand & Anr vs. Amresh Narayan

Supreme Court clarifies pay rules for suspended employees: State of Jharkhand vs. Amresh Narayan Sinha (2019) Read Post »

Supreme Court Upholds Conviction in Bank Fraud Case: Ram Gopal vs. CBI (22 July 2019)

/ Ashok Bhushan, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Navin Sinha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court Upholds Conviction in Bank Fraud Case: Ram Gopal vs. CBI (2019) LEGAL ISSUE: Whether the appellants were guilty of criminal conspiracy, forgery, and fraud in a bank embezzlement case. CASE TYPE: Criminal Case Name: Ram Gopal vs. Central Bureau of Investigation, Dehradun Judgment Date: 22 July 2019 Date of the Judgment: 22 July

Supreme Court Upholds Conviction in Bank Fraud Case: Ram Gopal vs. CBI (22 July 2019) Read Post »

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