G.R.Hari Legal Research Wing

Maintainability of Revision Petition in Execution Proceedings: Supreme Court clarifies under Consumer Protection Act (2019)

May 6, 2019 / Code of Civil Procedure, Code of Civil Procedure with Order 45, Consumer Disputes, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21, Consumer Protection Act, 1986 with Section 25, Execution of Decrees, Indu Malhotra, Judges, Uday Umesh Lalit

Supreme Court clarifies maintainability of revision petition in execution proceedings under Consumer Protection Act LEGAL ISSUE: Whether a revision petition is maintainable before the National Consumer Disputes Redressal Commission against an order passed by the State Commission in an appeal arising out of execution proceedings. CASE TYPE: Consumer Law Case Name: Karnataka Housing Board vs. […]

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Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019)

May 6, 2019 / Constitutional Law, Constitutional Law with Article 226, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 13, Hindu Minority and Guardianship Act, 1956 with Section 6, Judges, Natural Guardian, R. Banumathi, R. Subhash Reddy

Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019) LEGAL ISSUE: Whether the High Court was right in ordering that the custody of a minor child be handed over to the father in a writ of habeas corpus. CASE TYPE: Child Custody/Habeas Corpus Case Name: Tejaswini

Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019) Read Post »

Supreme Court clarifies: Haryana C&V Teachers are not automatically TGT for promotions (2019)

May 6, 2019 / Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y. Chandrachud, Haryana School Education Rules, Hemant Gupta, Judges, Promotion Rules, Service Law

Haryana C&V Teachers Not Automatically TGT: Supreme Court Decision on Promotions (2019) LEGAL ISSUE: Whether Classical and Vernacular (C&V) cadre teachers are automatically considered Trained Graduate Teachers (TGT) for promotion purposes. CASE TYPE: Service Law Case Name: State of Haryana and Another vs. Sandeep Singh and Others Judgment Date: May 6, 2019 Introduction Date of

Supreme Court clarifies: Haryana C&V Teachers are not automatically TGT for promotions (2019) Read Post »

Supreme Court reduces murder conviction to culpable homicide: Rambir vs. State of NCT, Delhi (2019)

May 6, 2019 / Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body, R. Banumathi, R. Subhash Reddy

Supreme Court Reduces Murder Conviction to Culpable Homicide: Rambir vs. State of NCT, Delhi (2019) LEGAL ISSUE: Whether the act of strangulation with a ‘saria’ during a sudden fight falls under the exception of culpable homicide not amounting to murder. CASE TYPE: Criminal Law Case Name: Rambir vs. State of NCT, Delhi [Judgment Date]: May

Supreme Court reduces murder conviction to culpable homicide: Rambir vs. State of NCT, Delhi (2019) Read Post »

Supreme Court Clarifies Promotion Rights After Cadre Restructuring in Orissa Administrative Service Case (2019)

May 6, 2019 / Cadre Restructuring, Constitutional Law, Constitutional Law with Article 309, Indu Malhotra, Judges, Promotion, Service Law, Uday Umesh Lalit, Vested Rights

Supreme Court Clarifies Promotion Rights After Cadre Restructuring in Orissa Administrative Service Case (2019) LEGAL ISSUE: Whether candidates have a vested right to promotion based on recommendations when the cadre is restructured and the original posts are abolished. CASE TYPE: Service Law Case Name: State of Orissa & Anr. vs. Dhirendra Sundar Das & Ors.

Supreme Court Clarifies Promotion Rights After Cadre Restructuring in Orissa Administrative Service Case (2019) Read Post »

Supreme Court clarifies compassionate appointment policy: Punjab State Power Corporation Ltd. vs. Nirval Singh (2019)

May 6, 2019 / Compassionate Appointment, Indira Banerjee, Judges, Policy, Recruitment, Sanjay Kishan Kaul, Service Law

Supreme Court clarifies compassionate appointment policy: Punjab State Power Corporation Ltd. vs. Nirval Singh (2019) LEGAL ISSUE: Whether a person is entitled to compassionate appointment under a policy that was in force at the time of death of the employee or the new policy which came into force after the death of the employee. CASE

Supreme Court clarifies compassionate appointment policy: Punjab State Power Corporation Ltd. vs. Nirval Singh (2019) Read Post »

Supreme Court settles absorption of District Minority Welfare Officers appointed before 2001 Rules in service law (06 May 2019)

May 6, 2019 / Absorption, Deputation, Judges, R. Banumathi, R. Subhash Reddy, Retiral Benefits, Service Law, Uttar Pradesh Minority Welfare Department Gazetted Officers Service Rules 2001, Uttar Pradesh Minority Welfare Department Gazetted Officers Service Rules 2001 with Rule 3(h), Uttar Pradesh Minority Welfare Department Gazetted Officers Service Rules 2001 with Rule 3(k)

Supreme Court Rules on Absorption of District Minority Welfare Officers Appointed Before 2001 Service Rules LEGAL ISSUE: Whether District Minority Welfare Officers appointed before the implementation of the 2001 Service Rules are entitled to absorption into the Minority Welfare Department. CASE TYPE: Service Law Case Name: Raja Singh & Anr. vs. State of U.P. &

Supreme Court settles absorption of District Minority Welfare Officers appointed before 2001 Rules in service law (06 May 2019) Read Post »

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019)

May 3, 2019 / Ashok Bhushan, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 5, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 115, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 69

Supreme Court Clarifies Applicability of Limitation Act to Religious Endowment Appeals LEGAL ISSUE: Whether the Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Board can apply Section 5 of the Limitation Act, 1963 to condone delays in filing appeals under Section 69 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019) Read Post »

Supreme Court Upholds Contractual Termination Without Notice: Rajasthan State Roadways vs. Paramjeet Singh (2019)

May 3, 2019 / Contract Law, Contractual Employment, Dhananjaya Y Chandrachud, Freedom of Contract, Hemant Gupta, Judges, Service Law, Termination of Service, Terms of Contract

Supreme Court Upholds Contractual Termination Without Notice: Rajasthan State Roadways vs. Paramjeet Singh (2019) LEGAL ISSUE: Whether a contractual employee’s services can be terminated without notice as per the terms of their contract. CASE TYPE: Service Law Case Name: Rajasthan State Roadways Transport Corporation vs. Paramjeet Singh Judgment Date: May 3, 2019 Date of the

Supreme Court Upholds Contractual Termination Without Notice: Rajasthan State Roadways vs. Paramjeet Singh (2019) Read Post »

Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019)

May 3, 2019 / Arun Mishra, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Section 3(f), Eligibility Criteria, Judges, Navin Sinha, Recruitment, Service Law

Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019) LEGAL ISSUE: Whether research experience in a laboratory is equivalent to practical experience in the manufacture or testing of drugs for the purpose of eligibility for the post of Assistant Commissioner (Drugs) and Drug Inspectors. CASE TYPE: Service

Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019) Read Post »

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019)

May 3, 2019 / Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Offences and Penalties, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 23, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 with Section 4, Vineet Saran

Supreme Court Upholds Stringent Penalties under Pre-Conception and Pre-Natal Diagnostic Techniques Act for Record-Keeping Anomalies: Federation of Obstetrics and Gynecological Societies of India vs. Union of India (2019) LEGAL ISSUE: Whether stringent penalties for minor clerical errors in record-keeping under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are constitutional. CASE

Supreme Court Remands Land Transfer Case for Fresh Review: Bikkina Rama Rao vs. Special Deputy Tahsildar (2019)

May 3, 2019 / Abhay Manohar Sapre, Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 with Section 2(g), Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 with Section 3(1)(a), Dinesh Maheshwari, Judges, Land Transfer

Supreme Court Remands Land Transfer Case for Fresh Review: Bikkina Rama Rao vs. Special Deputy Tahsildar (2019) LEGAL ISSUE: Whether the sale deeds were executed in contravention of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959. CASE TYPE: Land Transfer Regulation Case Name: Bikkina Rama Rao & Ors. vs. The Special Deputy Tahsildar (Tribal

Supreme Court Remands Land Transfer Case for Fresh Review: Bikkina Rama Rao vs. Special Deputy Tahsildar (2019) Read Post »