Supreme Court Remands Arbitration Appeal for Fresh Hearing: Navnirman Development Consultants vs. Divisional Commissioner (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Arbitration Law with Section 37, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41 Rule 17, Civil Procedure Code, 1908 with Order 41 Rule 19, Judges, R. Banumathi

LEGAL ISSUE: Whether the High Court erred in dismissing an arbitration appeal without proper consideration of facts and legal grounds. CASE TYPE: Arbitration Law Case Name: The Navnirman Development Consultants (I) Pvt. Ltd. vs. The Divisional Commissioner & President District Sports Complex Executive Committee [Judgment Date]: July 05, 2017 Date of the Judgment: July 05, […]

Supreme Court Remands Arbitration Appeal for Fresh Hearing: Navnirman Development Consultants vs. Divisional Commissioner (2017) Read Post »

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017)

/ Arbitration Act, 1940, Arbitration Law, D.Y. Chandrachud, Interest Act, 1978, Interest Act, 1978 with Section 3(1)(b), Jagdish Singh Khehar, Judges, Pre-reference Interest, Price Escalation, Sanjay Kishan Kaul

LEGAL ISSUE: Whether an arbitrator can award price escalation beyond the original contract period and grant interest for the pre-reference period under the Arbitration Act, 1940. CASE TYPE: Arbitration Case Name: Assam State Electricity Board and Ors. vs. Buildworth Pvt. Ltd. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation:

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017) Read Post »

Supreme Court clarifies Service Tax on Chit Funds: Union of India vs. Margadarshi Chit Funds (2017)

/ A.K. Sikri, Banking and Other Financial Services, Chit, Chit Funds Act, 1982, Chit Funds Act, 1982 with Section 2(b), Finance Act, 1994, Finance Act, 1994 with Section 65(12), Judges, R.K. Agrawal

LEGAL ISSUE: Whether chit fund activities are subject to service tax under the category of ‘banking and other financial services’. CASE TYPE: Service Tax Law Case Name: Union of India & Ors. vs. M/s. Margadarshi Chit Funds (P) Ltd. ETC. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation: [Not

Supreme Court clarifies Service Tax on Chit Funds: Union of India vs. Margadarshi Chit Funds (2017) Read Post »

Pharmacy Registration: Supreme Court settles the applicability of First Register after State Reorganization (2017) INSC 607 (3 July 2017)

/ Bihar Reorganization Act, 2000, Bihar Reorganization Act, 2000 with Section 84, Bihar Reorganization Act, 2000 with Section 85, D. Y. Chandrachud, Education Regulations, Jagdish Singh Khehar, Judges, N. V. Ramana, Pharmacy Act, 1948, Pharmacy Act, 1948 with Section 30, Pharmacy Act, 1948 with Section 32

Can a newly formed state create a fresh register of pharmacists, or does the existing register of the parent state apply? The Supreme Court of India addressed this important question in a case concerning the reorganization of states and the registration of pharmacists. This judgment clarifies the legal position of pharmacist registrations after state divisions.

Pharmacy Registration: Supreme Court settles the applicability of First Register after State Reorganization (2017) INSC 607 (3 July 2017) Read Post »

Supreme Court Upholds 1934 Constitution in Malankara Church Disputes: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. (2017)

/ Amitava Roy, Arun Mishra, Constitutional Law, Constitutional Law with Article 25, Constitutional Law with Article 26, Fundamental Rights, Judges

LEGAL ISSUE: Applicability of the 1934 Constitution to Parish Churches within the Malankara Church and the powers of the Patriarch versus the Catholicos. CASE TYPE: Civil Case Name: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. Judgment Date: 3 July 2017 Date of the Judgment: 3 July 2017 Citation: (2017)

Supreme Court Upholds 1934 Constitution in Malankara Church Disputes: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. (2017) Read Post »

Supreme Court Clarifies Driving License Requirements for Tractor-Trolleys in Accident Cases: Sant Lal vs. Rajesh & Ors. (2017) INSC 594 (3 July 2017)

/ Amitava Roy, Arun Mishra, Driving License, Insurance Law, Judges, Liability, Light Motor Vehicle, Motor Insurance, Motor Vehicles Act, 1988, Transport Vehicle

Date of the Judgment: 3 July 2017 Citation: (2017) INSC 594 Judges: Arun Mishra, J., Amitava Roy, J. Can a driver with a light motor vehicle (LMV) license legally operate a tractor attached to a goods-carrying trolley? The Supreme Court of India addressed this crucial question in a motor accident claim case, clarifying the scope

Supreme Court Clarifies Driving License Requirements for Tractor-Trolleys in Accident Cases: Sant Lal vs. Rajesh & Ors. (2017) INSC 594 (3 July 2017) Read Post »

Supreme Court Clarifies Anti-Dumping Duty on Stainless Steel Imports: Commissioner of Customs vs. Mascot International (2017)

/ A.K. Sikri, Anti-Dumping Duty, Ashok Bhushan, Customs Act, 1962, Customs Act, 1962 with Notification 86/2011-Cus, Customs Act, 1962 with Notification No. 14/2010-Cus., Customs Law, Judges

LEGAL ISSUE: Applicability of anti-dumping duty on imported stainless steel flat products based on width specifications and tolerance limits. CASE TYPE: Customs Law/ Anti-Dumping Duty Case Name: Commissioner of Customs (Export) Nhava Sheva vs. M/s. Mascot International [Judgment Date]: July 3, 2017 Date of the Judgment: July 3, 2017 Citation: 2017 INSC 606 Judges: A.K.

Supreme Court Clarifies Anti-Dumping Duty on Stainless Steel Imports: Commissioner of Customs vs. Mascot International (2017) Read Post »

Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Gift (Hiba), Judges, Muslim Law, Order XLI of CPC, Order XLII of CPC, R. Banumathi, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 129

LEGAL ISSUE: Validity of a gift deed under Muslim Law and its effect on property ownership. CASE TYPE: Civil (Property Law, Eviction) Case Name: D. N. Joshi (D) Thr. LRs. & Others vs. D.C. Harris & Another [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation: (2017) INSC 588 Judges:

Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017) Read Post »

Supreme Court to Reconsider Drug Quantity Calculation in NDPS Act Cases: Hira Singh vs. Union of India (2017)

/ A.M. Khanwilkar, Dipak Misra, Drug Quantity Calculation, Judges, Manufactured Drug, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 21

LEGAL ISSUE: Whether the quantity of a drug for determining punishment under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) should be based on the pure drug content or the total weight of the mixture. CASE TYPE: Criminal Law Case Name: Hira Singh & Anr. vs. Union of India & Anr. [Judgment Date]:

Supreme Court to Reconsider Drug Quantity Calculation in NDPS Act Cases: Hira Singh vs. Union of India (2017) Read Post »

Supreme Court Upholds Prosecution Despite Prior Central Insecticide Lab Analysis: Indofil Industries Ltd. vs. State of Punjab (2017)

/ A.M. Khanwilkar, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 482, Dipak Misra, Judges, The Insecticide Rules, 1971, The Insecticides Act, 1968, The Insecticides Act, 1968 with Section 22, The Insecticides Act, 1968 with Section 24

LEGAL ISSUE: Whether a prior analysis of a sample by the Central Insecticides Laboratory (CIL) before the filing of a formal complaint bars the accused’s right to have the sample re-analyzed by the CIL after the complaint is filed. CASE TYPE: Criminal Law – Insecticides Act Case Name: Indofil Industries Ltd. and Ors. vs. State

Supreme Court Upholds Prosecution Despite Prior Central Insecticide Lab Analysis: Indofil Industries Ltd. vs. State of Punjab (2017) Read Post »

Supreme Court Upholds Landlord’s Title: Tenant Estopped from Denying Ownership in Eviction Case (03 July 2017)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 8 Rule 3, Code of Civil Procedure, 1908 with Order 8 Rule 5, Eviction, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 116, J. Chelameswar, Judges, Landlord-Tenant Law, Property Law, Property Law with Section 116, S. Abdul Nazeer

LEGAL ISSUE: Whether a tenant can dispute the landlord’s title during the continuation of tenancy, especially after initially acknowledging it. CASE TYPE: Eviction Law/Property Law Case Name: Jaspal Kaur Cheema and Anr. vs. M/S Industrial Trade Links and Ors. Judgment Date: 03 July 2017 Date of the Judgment: 03 July 2017 Citation: [Not Available in

Supreme Court Upholds Landlord’s Title: Tenant Estopped from Denying Ownership in Eviction Case (03 July 2017) Read Post »

Supreme Court Upholds Murder Conviction in Land Dispute Case: Muttaicose @ Subramani vs. State of Tamil Nadu (2017)

/ Criminal Law, Culpable Homicide, Deepak Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Murder, Offences Against Human Body, Prafulla C. Pant

LEGAL ISSUE: Whether the High Court was correct in upholding the conviction of the appellant for murder under Section 302 of the Indian Penal Code, 1860. CASE TYPE: Criminal Case Name: Muttaicose @ Subramani vs. State of Tamil Nadu Judgment Date: 03 July 2017 Date of the Judgment: 03 July 2017 Citation: (2017) INSC 597

Supreme Court Upholds Murder Conviction in Land Dispute Case: Muttaicose @ Subramani vs. State of Tamil Nadu (2017) Read Post »

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