Medical College Approval Re-evaluation: Supreme Court Orders Fresh Assessment in Advanced Medical and Educational Society vs. Union of India (2017)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, D.Y. Chandrachud, Dipak Misra, Education Law, Judges, Medical College Approval, Regulatory Compliance, Supreme Court Judgments

Can a medical college denied permission to operate get a second chance? The Supreme Court of India addressed this question in a case involving the Advanced Medical and Educational Society. The Court directed a fresh assessment of the college after it was initially denied permission due to deficiencies. This decision highlights the importance of fair […]

Medical College Approval Re-evaluation: Supreme Court Orders Fresh Assessment in Advanced Medical and Educational Society vs. Union of India (2017) Read Post »

Delhi Tax Amnesty Scheme: Supreme Court Decides on Designated Authority’s Powers in Tax Compliance Cases (2017)

/ Constitutional Law, Constitutional Law with Article 226, Judges, Navin Sinha, Ranjan Gogoi, Tax Assessment, Tax Law, Tax Law with Section 107 of the Delhi Value Added Tax Act, 2004

LEGAL ISSUE: Whether the Designated Authority under the Delhi Tax Compliance Achievement Scheme, 2013, had the power to issue show cause notices for reopening assessments. CASE TYPE: Tax Law Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia Contracts (India) Ltd. Judgment Date: 4 October 2017 Can a tax authority, specifically an

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Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017)

/ Arun Mishra, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 1 Rule 10, Code of Civil Procedure, 1908 with Order 22 Rule 4, Code of Civil Procedure, 1908 with Section 151, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 21, Mohan M. Shantanagoudar

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 879 Judges: Arun Mishra, J., Mohan M. Shantanagoudar, J. Can a suit against a dead person be rectified by adding their legal heirs later? The Supreme Court of India recently addressed this crucial question in a case concerning a property dispute where one of the

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017) Read Post »

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 31(7)(a), Breach of contract, Contract Law, General Conditions of Contract, J. Chelameswar, Judges, S. Abdul Nazeer

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 849 Judges: J. Chelameswar, S. Abdul Nazeer Can an arbitrator award interest on delayed payments when the contract explicitly prohibits it? The Supreme Court of India addressed this crucial question in a case concerning a railway construction contract. The court clarified the extent of an

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Supreme Court clarifies tax credit reduction under Gujarat VAT Act: State of Gujarat vs. Reliance Industries Limited (22 September 2017)

/ A.K. Sikri, Ashok Bhushan, Gujarat Value Added Tax Act, 2003, Gujarat Value Added Tax Act, 2003 with Section 11, Gujarat Value Added Tax Act, 2003 with Section 11(3)(b), Judges, Tax Credit, Tax Law, Value Added Tax (VAT)

LEGAL ISSUE: Whether tax credit under Section 11(3)(b) of the Gujarat Value Added Tax Act, 2003 should be reduced once or twice when goods fall under multiple sub-clauses. CASE TYPE: Tax Law – Value Added Tax (VAT) Case Name: State of Gujarat vs. Reliance Industries Limited Judgment Date: 22 September 2017 Introduction Date of the

Supreme Court clarifies tax credit reduction under Gujarat VAT Act: State of Gujarat vs. Reliance Industries Limited (22 September 2017) Read Post »

Supreme Court Clarifies Jurisdiction in Escheat Cases: Kutchi Lal Rameshwar Ashram Trust vs. Collector, Haridwar (22 September 2017)

/ Administrator General, Administrators-General Act, 1963, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, D.Y. Chandrachud, Escheat, Estate Administration, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 29, Intestate Succession, Judges, Jurisdiction of Civil Courts, N.V. Ramana

LEGAL ISSUE: Whether a Collector has the jurisdiction to decide on the vesting of property in the government under Section 29 of the Hindu Succession Act, 1956, when a dispute of title exists. CASE TYPE: Civil Law – Property Dispute, Hindu Succession Act. Case Name: Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr.

Supreme Court Clarifies Jurisdiction in Escheat Cases: Kutchi Lal Rameshwar Ashram Trust vs. Collector, Haridwar (22 September 2017) Read Post »

Supreme Court Overturns NGT Ruling on State Pollution Control Board Appointments: Techi Tagi Tara vs. Rajendra Singh Bhandari (22 September 2017)

/ Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 5(2), Deepak Gupta, Environmental Governance, Environmental Law, Judges, Madan B. Lokur, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 2(m), State Pollution Control Boards, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 4(2)

LEGAL ISSUE: The core legal issue revolves around the National Green Tribunal’s (NGT) jurisdiction to direct State Governments to reconsider appointments to State Pollution Control Boards (SPCBs) and to lay down guidelines for such appointments. CASE TYPE: This case falls under environmental law and administrative law, specifically concerning the powers and jurisdiction of the National

Supreme Court Overturns NGT Ruling on State Pollution Control Board Appointments: Techi Tagi Tara vs. Rajendra Singh Bhandari (22 September 2017) Read Post »

Supreme Court Upholds Escheat of Property: Ramanand vs. State of Uttarakhand (2017)

/ D Y Chandrachud, Escheat, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, N V Ramana, Property Law, Succession

LEGAL ISSUE: Whether a claimant can inherit property based on being a ‘guru bhai’ of a deceased sanyasi, and whether the state can claim property by escheat. CASE TYPE: Civil Law – Property Dispute Case Name: Mahant Ramanand vs. State of Uttarakhand and Ors. Judgment Date: 22 September 2017 Date of the Judgment: 22 September

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Supreme Court clarifies Input Tax Credit on By-Products under KVAT Act: State of Karnataka vs. M/S. M.K. Agro Tech Pvt. Ltd. (22 September 2017)

/ A.K. Sikri, Ashok Bhushan, Input Tax Credit, Judges, Karnataka Value Added Tax Act, 2003, Karnataka Value Added Tax Act, 2003 with Section 11, Karnataka Value Added Tax Act, 2003 with Section 17

LEGAL ISSUE: Interpretation of input tax credit provisions when a by-product is generated during the manufacturing process and sold as an exempted good. CASE TYPE: Tax Law – Karnataka Value Added Tax Act, 2003 Case Name: The State of Karnataka v. M/S. M.K. Agro Tech Pvt. Ltd. Judgment Date: 22 September 2017 Introduction Date of

Supreme Court clarifies Input Tax Credit on By-Products under KVAT Act: State of Karnataka vs. M/S. M.K. Agro Tech Pvt. Ltd. (22 September 2017) Read Post »

Supreme Court disposes of service age claim: Matta Anand Kumar vs. State of Andhra Pradesh (22 September 2017)

/ 2017 Judgments, Civil Appeals, Judges, Judicial Consistency, Kurian Joseph, Precedent, R. Banumathi, Retirement Age, Service Age, Service Law, Supreme Court Judgments

Can an employee’s claim for extended service be automatically resolved by a prior, similar judgment? The Supreme Court of India addressed this in the case of Matta Anand Kumar v. The State of Andhra Pradesh. This case deals with a claim for continued service up to 60 years of age. The court disposed of the

Supreme Court disposes of service age claim: Matta Anand Kumar vs. State of Andhra Pradesh (22 September 2017) Read Post »

Supreme Court Upholds Conviction in Murder Case: Shantanu Sitaram vs. State of Maharashtra (2017)

/ A.K. Sikri, Ashok Bhushan, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges

LEGAL ISSUE: Whether the conviction under Section 302 read with 34 of the Indian Penal Code, 1860 can be upheld when the charge under Section 120B of the Indian Penal Code, 1860 is not proven. CASE TYPE: Criminal Law Case Name: Shantanu Sitaram @ Anil Divekar vs. The State of Maharashtra Judgment Date: 22 September

Supreme Court Upholds Conviction in Murder Case: Shantanu Sitaram vs. State of Maharashtra (2017) Read Post »

Supreme Court Upholds Debarment of Medical College: Ponnaiyah Ramajayam Institute vs. Union of India (22 September 2017)

/ A.M. Khanwilkar, Amitava Roy, Dipak Misra, Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Judges, Medical Education Standards

Can a medical college be barred from admitting students due to infrastructure and faculty deficiencies? The Supreme Court of India addressed this question in a case involving Ponnaiyah Ramajayam Institute of Medical Sciences. The court upheld the decision to debar the college for two academic years. This case highlights the importance of maintaining standards in

Supreme Court Upholds Debarment of Medical College: Ponnaiyah Ramajayam Institute vs. Union of India (22 September 2017) Read Post »

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