Supreme Court Grants Continuity of Service but Limits Back Wages in Dismissal Case: Eastern Coalfields Ltd. vs. Misri Yadav & Ors. (2016) INSC 19 (19 January 2016)

/ Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 17-B, Judges, Kurian Joseph, Rohinton Fali Nariman

Can a dismissed employee be granted continuity of service without full back wages? The Supreme Court of India addressed this question in a case involving Eastern Coalfields Ltd. and one of its dismissed employees. The court, while acknowledging the employee’s right to continuity of service, limited the back wages to be paid. This judgment clarifies […]

Supreme Court Grants Continuity of Service but Limits Back Wages in Dismissal Case: Eastern Coalfields Ltd. vs. Misri Yadav & Ors. (2016) INSC 19 (19 January 2016) Read Post »

Supreme Court Reduces Murder Conviction to Culpable Homicide: Nankaunoo vs. State of U.P. (2016)

/ A.K. Sikri, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body, R. Banumathi, T.S. Thakur

Can a conviction for murder be reduced to culpable homicide if the injury, though fatal, was inflicted on a non-vital part of the body? The Supreme Court of India addressed this question in the case of Nankaunoo vs. State of U.P.. The court modified the conviction from murder under Section 302 of the Indian Penal

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Supreme Court Enhances Land Compensation for Power House Acquisition: N.D. Sharma vs. Union of India (2016)

/ Adarsh Kumar Goel, Anil R. Dave, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Shiva Kirti Singh

Can land owners receive equal compensation when their land is acquired for the same project? The Supreme Court of India addressed this question in a recent case concerning land acquisition for a power house. The Court ruled that landowners should receive the same compensation as their neighbors if their land is similarly situated. This decision

Supreme Court Enhances Land Compensation for Power House Acquisition: N.D. Sharma vs. Union of India (2016) Read Post »

Supreme Court Upholds Insurer’s Liability Despite Overloading: Lakhmi Chand vs. Reliance General Insurance (2016)

/ Breach of Policy, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Indian Penal Code, 1860 with Section 304A, Insurance Contract, Insurance Law, Judges, T.S. Thakur, V. Gopala Gowda

Can an insurance company deny a claim if a vehicle was carrying more passengers than permitted? The Supreme Court of India addressed this question in a recent case. This case explores the limits of insurance policy terms and conditions. The court examined whether a minor violation of policy terms can invalidate an insurance claim. The

Supreme Court Upholds Insurer’s Liability Despite Overloading: Lakhmi Chand vs. Reliance General Insurance (2016) Read Post »

Supreme Court quashes perjury proceedings against ballistics expert: Prem Sagar Manocha vs. State (NCT of Delhi) (2016) INSC 9 (6 January 2016)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 340, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 193, Judges, Kurian Joseph, Offences Relating to Evidence, T.S. Thakur

Can a ballistics expert be charged with perjury for changing his opinion during court testimony? The Supreme Court of India recently addressed this question in a case arising from the infamous Jessica Lal murder case. The Court quashed proceedings against a ballistics expert, emphasizing the nature of expert testimony. The judgment was delivered by a

Supreme Court quashes perjury proceedings against ballistics expert: Prem Sagar Manocha vs. State (NCT of Delhi) (2016) INSC 9 (6 January 2016) Read Post »

Supreme Court overturns High Court conviction for cheating and criminal intimidation in Tilak Raj vs. State of Himachal Pradesh (2016)

/ Cheating, Criminal Intimidation, Criminal Law, Evidence Evaluation, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 417, Indian Penal Code, 1860 with Section 506, Judges, T.S. Thakur, V. Gopala Gowda

Can a conviction for cheating and criminal intimidation stand when the evidence is deemed unreliable? The Supreme Court of India addressed this question in the case of Tilak Raj vs. State of Himachal Pradesh. This case revolves around allegations of rape, cheating, and criminal intimidation. The Supreme Court overturned the High Court’s decision, acquitting the

Supreme Court overturns High Court conviction for cheating and criminal intimidation in Tilak Raj vs. State of Himachal Pradesh (2016) Read Post »

Supreme Court quashes cancellation of Intermediate results: Kuldeep Kumar Pathak vs. State of U.P. (2016)

/ A.K. Sikri, Constitutional Law, Educational Law, Judges, Principles of Natural Justice, Rohinton Fali Nariman, Supplementary Regulations of 1976, U.P. Intermediate Education Act, 1921

Can an educational board cancel a student’s exam results nine years after they were declared, without giving the student a chance to be heard? The Supreme Court of India addressed this question in a recent case. This case revolves around the cancellation of an Intermediate examination result of an appellant by the U.P. Board, nine

Supreme Court quashes cancellation of Intermediate results: Kuldeep Kumar Pathak vs. State of U.P. (2016) Read Post »

Supreme Court Overturns Possession Decree After Land Acquisition: Market Committee Hodal vs. Sukhdevi (2015)

/ Adarsh Kumar Goel, Anil R. Dave, Civil Law, Civil Suit, Decree of Possession, Judges, Land Acquisition, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6

Date of the Judgment: 15th October, 2015 Citation: Not Available Judges: Anil R. Dave, J. and Adarsh Kumar Goel, J. Can a civil court decree possession of land when that land has already been acquired by the government? The Supreme Court of India addressed this critical question in a case where a lower court had

Supreme Court Overturns Possession Decree After Land Acquisition: Market Committee Hodal vs. Sukhdevi (2015) Read Post »

Supreme Court Orders Fresh Auction of Metallurgical Coke: LMJ International Ltd. vs. Dankuni Steels Limited (2017)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 9, Ashok Bhushan, Auction Law, Court-Ordered Auctions, Fair Market Value, Judges, Reserve Price

Can a court accept a bid in an auction if the offered price, after deducting taxes, falls below the reserve price? The Supreme Court of India addressed this question in a recent case concerning the sale of metallurgical coke. This case highlights the importance of ensuring fair value in court-ordered auctions. The judgment was delivered

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Supreme Court Clarifies Scope of Land Acquisition Quashing: TNHB vs. Saraswathy (2015)

/ Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 16, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, Prafulla Chandra Pant, Vikramajit Sen

LEGAL ISSUE: Whether the quashing of land acquisition proceedings at the instance of some landowners nullifies the entire acquisition. CASE TYPE: Land Acquisition Case Name: The Chairman & Managing Director, TNHB & Anr vs. S. Saraswathy & Ors. [Judgment Date]: 11th May 2015 Date of the Judgment: 11th May 2015 Citation: Not Available in the

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Supreme Court Leaves Open Questions in Termination Case: Transport and Dock Workers Union vs. Shree Sadguru Krupa Freight Services (29 August 2017)

/ Judges, Kurian Joseph, Labour Law, R. Banumathi, Termination of Employment

LEGAL ISSUE: Whether the termination of employees by an employer is valid. CASE TYPE: Labour Law Case Name: Transport and Dock Workers Union vs. M/s. Shree Sadguru Krupa Freight Services Judgment Date: 29 August 2017 Date of the Judgment: 29 August 2017 Citation: Not Available Judges: Kurian Joseph, J., R. Banumathi, J. Can a legal

Supreme Court Leaves Open Questions in Termination Case: Transport and Dock Workers Union vs. Shree Sadguru Krupa Freight Services (29 August 2017) Read Post »

Supreme Court clarifies disability pension rules for armed forces: Union of India vs. Rajbir Singh (13 February 2015)

/ Disability Pension, Entitlement Rules for Casualty Pensionary Awards, 1982, Entitlement Rules for Casualty Pensionary Awards, 1982 with Rule 14, Entitlement Rules for Casualty Pensionary Awards, 1982 with Rule 5, Entitlement Rules for Casualty Pensionary Awards, 1982 with Rule 9, Judges, Pension Regulations for the Army, 1961, Pension Regulations for the Army, 1961 with Regulation 173, R. Banumathi, Service Law, T.S. Thakur

LEGAL ISSUE: Whether a disability is attributable to or aggravated by military service for the purpose of disability pension. CASE TYPE: Service Law, Pension Case Name: Union of India & Anr. vs. Rajbir Singh Judgment Date: 13 February 2015 Introduction Date of the Judgment: 13 February 2015 Citation: (2015) INSC 75 Judges: T.S. Thakur, J.

Supreme Court clarifies disability pension rules for armed forces: Union of India vs. Rajbir Singh (13 February 2015) Read Post »

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