LEGAL ISSUE: Whether a writ petition challenging the constitutional validity of a central statute pending before a High Court should be transferred to the Supreme Court when a similar challenge is already pending before it. CASE TYPE: Constitutional Law, Transfer Petition Case Name: Union of India vs. Akhila Bharathiya Adivasi Vikasa Parishad & Ors. Judgment […]
Can an executor of a prior will challenge a subsequent will? The Supreme Court of India addressed this question in a recent case regarding probate and caveatable interest. This case clarifies the rights of an executor of a previous will to contest a later will. The judgment was delivered by Justices Arun Mishra and L.
Can a conviction be upheld when the identification of the accused is questionable? The Supreme Court of India recently addressed this in a case involving the Narcotic Drugs and Psychotropic Substances Act, 1985. The court overturned a conviction, emphasizing the need for conclusive evidence. This case highlights the importance of proper identification in criminal trials.
Date of the Judgment: November 10, 2017 Citation: (2017) INSC 977 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can manufacturers in North-Eastern states claim a refund on the Education Cess and Higher Education Cess, when they are already exempt from excise duty? The Supreme Court of India addressed this question in a batch of appeals,
Can a disciplinary action be overturned simply because the inquiry report was given with the show cause notice instead of before? The Supreme Court of India recently tackled this question in a case involving a transport corporation driver. The core issue was whether the disciplinary proceedings were flawed due to the timing of the inquiry
LEGAL ISSUE: Whether the Armed Forces Tribunal (AFT) was correct in interfering with the discretion of the Special Promotion Board (SPB) in awarding marks for promotion. CASE TYPE: Service Law – Armed Forces Promotion Case Name: Union of India and Others vs. Maj. Gen. Manomoy Ganguly, VSM Judgment Date: 10 November 2017 Can a promotion
LEGAL ISSUE: Authority of the Chief Justice in allocating cases and constituting benches. CASE TYPE: Public Interest Litigation (Constitutional Law). Case Name: Campaign for Judicial Accountability and Reforms vs. Union of India and Another. Judgment Date: November 10, 2017 Can a two-judge bench direct the Chief Justice of India on how to constitute a bench?
LEGAL ISSUE: Whether a departmental inquiry is vitiated if a criminal court acquits the employee on the same charges. CASE TYPE: Labour Law, Service Law Case Name: Management of Bharat Heavy Electricals Ltd. vs. M. Mani Judgment Date: 9 November 2017 Date of the Judgment: 9 November 2017 Citation: (2017) INSC 977 Judges: R.K. Agrawal,
Supreme Court Upholds Dismissal in Theft Case: BHEL vs. Mani (2017) Read Post »
LEGAL ISSUE: Whether the National Institute of Medical Science University (NIMS) illegally encroached upon the catchment area of Ramgarh Dam and whether the construction made by NIMS should be demolished. CASE TYPE: Environmental Law, Public Interest Litigation Case Name: National Institute of Medical Science University Rajasthan & Anr. vs. State of Rajasthan & Ors. [Judgment
LEGAL ISSUE: Whether a probate grant can be revoked due to procedural defects and allegations of fraud, particularly after a significant delay. CASE TYPE: Succession Law Case Name: Mrs. Lynette Fernandes vs. Mrs. Gertie Mathias since Deceased by Lrs. Judgment Date: November 08, 2017 Date of the Judgment: November 08, 2017 Citation: [Not Available in
LEGAL ISSUE: Whether the Government of India’s decision to charge bulk consumers a non-subsidized, market-determined price for diesel is valid. CASE TYPE: Policy decision, Fiscal Law. Case Name: Indian Oil Corporation Limited & Anr. vs. Kerala State Road Transport Corporation & Ors. [Judgment Date]: November 7, 2017 Date of the Judgment: November 7, 2017. Citation:
LEGAL ISSUE: Whether the appointments offered to candidates were valid despite their ineligibility based on merit. CASE TYPE: Service Law Case Name: Shankar vs. The State of Maharashtra & Ors. Judgment Date: 07 November 2017 Date of the Judgment: 07 November 2017 Citation: Civil Appeal No(s). 7940/2010 Judges: Justice Kurian Joseph and Justice R. Banumathi
