Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019) LEGAL ISSUE: Whether a deviation from the stipulated period of a bank guarantee in a tender document can be condoned. CASE TYPE: Government Contract Law. Case Name: Vidarbha Irrigation Development Corporation vs. M/S Anoj Kumar Garwala. [Judgment Date]: 23 January 2019 Date […]
Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Date of the Judgment: January 23, 2019 Citation: 2019 INSC 65 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a party bypass a pre-agreed arbitration clause and seek the appointment of an independent arbitrator? The Supreme Court of India recently
Supreme Court Acquits Accused in Murder Case Due to Weak Circumstantial Evidence: Malaichamy vs. State of Tamil Nadu (2019) LEGAL ISSUE: Whether the circumstantial evidence presented by the prosecution was sufficient to prove the guilt of the accused beyond a reasonable doubt in a murder case. CASE TYPE: Criminal Case Name: Malaichamy & Anr. vs.
Supreme Court Expands “Course of Employment” in Compensation Case: Leela Bai vs. Seema Chouhan (2019) LEGAL ISSUE: Whether an employee’s accidental death while on the employer’s premises, but outside of direct work hours, can be considered as “arising out of and in the course of employment” under the Employee’s Compensation Act, 1923. CASE TYPE: Employee
Supreme Court Invalidates NDMC’s Unit Area Method for Property Tax Date of the Judgment: 22 January 2019 Citation: (2019) INSC 44 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a municipal council bypass the statutory method for calculating property tax by introducing a new system through bye-laws? The Supreme Court of India recently addressed this
Supreme Court Clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (2019) LEGAL ISSUE: The interplay between winding-up petitions filed under the Companies Act and insolvency proceedings initiated under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Forech India Ltd. vs.
Supreme Court Upholds Disability Criteria for Civil Judge Post: V. Surendra Mohan vs. State of Tamil Nadu (2019) LEGAL ISSUE: Whether a person with a disability exceeding the specified limit can be considered for appointment to a post reserved for persons with disabilities. CASE TYPE: Service Law Case Name: V. Surendra Mohan vs. State of
Supreme Court Upholds High Court Decision on Kerala Private Forest Act: State of Kerala vs. Padalodiyil Mary Antony (2019) LEGAL ISSUE: Whether a property is a “private forest” as defined under the Kerala Private Forests (Vesting and Assignment) Act, 1971, and thus vests with the State Government. CASE TYPE: Land Law, Forest Law Case Name:
Supreme Court Upholds Child Legitimacy in Irregular Muslim Marriages: Mohammed Salim vs. Shamsudeen (2019) LEGAL ISSUE: Whether a child born from an irregular Muslim marriage (fasid) is considered legitimate and entitled to inherit property. CASE TYPE: Civil (Property Partition and Inheritance) Case Name: Mohammed Salim (D) Through Lrs. & Ors. vs. Shamsudeen (D) Through Lrs.
Supreme Court Upholds Appointments Despite Late Result Declaration: Rakesh Bakshi vs. State of Jammu and Kashmir (2019) LEGAL ISSUE: Whether candidates who obtain their qualifying degree after the cut-off date for applications can be considered eligible for appointment. CASE TYPE: Service Law Case Name: Rakesh Bakshi & Anr. vs. State of Jammu and Kashmir &
Supreme Court overturns High Court’s quashing of criminal proceedings in property fraud case: Sau Saraswatibai vs. Lalitabai & Ors. (2019) LEGAL ISSUE: Whether the High Court can quash criminal proceedings, including a final police report, under Section 482 of the Code of Criminal Procedure (CrPC) after the investigating officer has submitted a final report concluding
Supreme Court Exempts Land from Kerala Private Forests Act Vesting Based on Land Reforms Act Certificate LEGAL ISSUE: Whether land for which a certificate of purchase has been issued under the Kerala Land Reforms Act, 1963 can be considered as a private forest vested with the government under the Kerala Private Forests (Vesting and Assignment)
