Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019)

/ A.S. Bopanna, Judges, Mortgage by Conditional Sale, R. Banumathi, Redemption of Mortgage, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Date of the Judgment: July 16, 2019 The Supreme Court of India addressed a critical question regarding the interpretation of sale deeds and related agreements in the context of mortgage by conditional sale. The core issue revolved around whether a sale deed, accompanied […]

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Supreme Court Upholds Right of Way Based on Prior Sale Deed: Dr. S. Kumar & Ors. vs. S. Ramalingam (2019)

/ Easement of Necessity, Hemant Gupta, Indian Easements Act, 1882, Indian Easements Act, 1882 with Section 41, Judges, L. Nageswara Rao, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 48

Supreme Court Upholds Right of Way: Dr. S. Kumar & Ors. vs. S. Ramalingam (2019) LEGAL ISSUE: Whether a subsequent sale deed can grant exclusive rights over a pathway when a prior sale deed has already reserved easement rights over the same pathway. CASE TYPE: Property Law, Easement Rights Case Name: Dr. S. Kumar &

Supreme Court Upholds Right of Way Based on Prior Sale Deed: Dr. S. Kumar & Ors. vs. S. Ramalingam (2019) Read Post »

Supreme Court Upholds Conviction in Kidnapping and Murder Case: Munawwar vs. State of Uttar Pradesh (2019)

/ Criminal Law, Disappearance of Evidence, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 365, Indira Banerjee, Judges, Kidnapping, Murder, Sanjiv Khanna

Supreme Court Upholds Conviction in Kidnapping and Murder Case: Munawwar vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether the principle of “last seen” was correctly applied in a case where the victim was last seen with the accused, and subsequent events implicated the accused in the crime. CASE TYPE: Criminal Law Case Name: Munawwar

Supreme Court Upholds Conviction in Kidnapping and Murder Case: Munawwar vs. State of Uttar Pradesh (2019) Read Post »

Supreme Court acquits accused in murder case due to weak circumstantial evidence: State of Rajasthan vs. Mahesh Kumar (2019) INSC 687

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 374, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court acquits accused in murder case due to weak circumstantial evidence: State of Rajasthan vs. Mahesh Kumar (2019) INSC 687 LEGAL ISSUE: Whether the prosecution successfully proved the guilt of the accused based on circumstantial evidence in a murder case. CASE TYPE: Criminal Case Name: State of Rajasthan vs. Mahesh Kumar @ Mahesh Dhaulpuria

Supreme Court acquits accused in murder case due to weak circumstantial evidence: State of Rajasthan vs. Mahesh Kumar (2019) INSC 687 Read Post »

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019)

/ A.S. Bopanna, Code of Civil Procedure, Code of Civil Procedure with Section 100, Customary Divorce, Judges, Jurisdiction of Civil Courts, Land Ceiling, M.R. Shah, Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 with Section 46, Second Appeal

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) LEGAL ISSUE: Whether a customary divorce was valid, and if so, whether land owned by the divorced wife should be included in the husband’s land holdings under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. CASE TYPE: Land Ceiling/Civil Case

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Supreme Court grants unconditional leave to defend in summary suit: Sudin Dilip Talaulikar vs. Polycab Wires Pvt. Ltd. (2019)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXXVII, Dishonour of Cheque, Judges, Leave to Defend, Navin Sinha, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Summary Suit

Supreme Court grants unconditional leave to defend in summary suit: Sudin Dilip Talaulikar vs. Polycab Wires Pvt. Ltd. (2019) Date of the Judgment: July 15, 2019 Citation: Civil Appeal No(s). 5528 of 2019 (arising out of SLP (Civil) No(s). 9368 of 2018) Judges: Ashok Bhushan, J. and Navin Sinha, J. Can a court impose conditions

Supreme Court grants unconditional leave to defend in summary suit: Sudin Dilip Talaulikar vs. Polycab Wires Pvt. Ltd. (2019) Read Post »

Supreme Court Clarifies Stay on Arbitration Awards Against Government: PAM Developments vs. State of West Bengal (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 36, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 5, Code of Civil Procedure, 1908 with Order XXVII Rule 8A, Enforcement of Arbitral Award, Judges, R.F. Nariman, Stay of Arbitral Award, Vineet Saran

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

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Supreme Court settles pension eligibility for cooperative bank employees: Issac T M vs. Idukki District Co-operative Bank Ltd (2019) INSC 596

/ Cooperative Bank Employees Pension, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Pension Arrears, Pension Eligibility, Pension Law, State Co-operative Bank and District Co-operative Bank Employees Self Financing Pension Scheme 2005, State Co-operative Bank and District Co-operative Bank Employees Self Financing Pension Scheme 2005 with Para 19, State Co-operative Bank and District Co-operative Bank Employees Self Financing Pension Scheme 2005 with Para 5

Supreme Court rules on pension eligibility for cooperative bank employees: Issac T M vs. Idukki District Co-operative Bank Ltd (2019) INSC 596 Date of the Judgment: 12 July 2019 Citation: (2019) INSC 596 Judges: Dr. Dhananjaya Y Chandrachud, J and Indira Banerjee, J Can a delay by a cooperative bank in remitting an employee’s pension

Supreme Court settles pension eligibility for cooperative bank employees: Issac T M vs. Idukki District Co-operative Bank Ltd (2019) INSC 596 Read Post »

Supreme Court clarifies back wages entitlement in unauthorized absence case: Chief Regional Manager vs. Siraj Uddin Khan (2019)

/ Ashok Bhushan, Back Wages, Disciplinary Proceedings, General Insurance (Conduct, Discipline & Appeal) Rules, 1975, General Insurance (Conduct, Discipline & Appeal) Rules, 1975 with Rule 23(a), Judges, Navin Sinha, No Work No Pay, Service Law

Supreme Court clarifies back wages entitlement in unauthorized absence case: Chief Regional Manager vs. Siraj Uddin Khan (2019) LEGAL ISSUE: Whether an employee is automatically entitled to back wages upon the setting aside of a termination order, especially when the employee was absent from duty. CASE TYPE: Service Law Case Name: Chief Regional Manager, United

Supreme Court clarifies back wages entitlement in unauthorized absence case: Chief Regional Manager vs. Siraj Uddin Khan (2019) Read Post »

Supreme Court Upholds Child’s Boarding School Admission in Custody Dispute: Sheoli Hati vs. Somnath Das (2019)

/ Ashok Bhushan, Child Custody, Guardian and Wards Act, 1890, Guardian and Wards Act, 1890 with Section 12, Guardian and Wards Act, 1890 with Section 7, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 498A, Judges, Navin Sinha

Supreme Court Upholds Child’s Boarding School Admission in Custody Dispute: Sheoli Hati vs. Somnath Das (2019) LEGAL ISSUE: Whether a child should be admitted to a boarding school amidst a custody dispute between parents. CASE TYPE: Family Law, Guardianship Case Name: Sheoli Hati vs. Somnath Das [Judgment Date]: July 11, 2019 Date of the Judgment:

Supreme Court Upholds Child’s Boarding School Admission in Custody Dispute: Sheoli Hati vs. Somnath Das (2019) Read Post »

Supreme Court Upholds Dismissal for Negligent Weapon Handling in CRPF: Union of India vs. Sitaram Mishra (2019)

/ Central Reserve Police Force Act, 1949, Central Reserve Police Force Act, 1949 with Section 11(1), Dhananjaya Y Chandrachud, Disciplinary Proceedings, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304, Indira Banerjee, Judges, Negligence, Service Law

Supreme Court Upholds Dismissal for Negligent Weapon Handling in CRPF: Union of India vs. Sitaram Mishra (2019) LEGAL ISSUE: Whether a member of the Central Reserve Police Force (CRPF) can be dismissed for negligently handling a weapon, resulting in a co-worker’s death, despite being acquitted in a criminal trial for the same incident. CASE TYPE:

Supreme Court Upholds Dismissal for Negligent Weapon Handling in CRPF: Union of India vs. Sitaram Mishra (2019) Read Post »

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, M.R. Shah, Pension Law, Service Law

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) LEGAL ISSUE: Whether a cut-off date can be used to create two classes of pensioners for differential pension benefits, violating Article 14 of the Constitution of India. CASE TYPE: Service Law/Pension Law Case Name: All Manipur Pensioners

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) Read Post »

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