Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017)

LEGAL ISSUE: Whether the bona fide requirement of a landlord for eviction of a tenant extends to the legal heirs upon the landlord’s death, especially when the family business continues. CASE TYPE: Property Eviction Law. Case Name: Satish Chander Aggarwal (D) By Lrs. vs. Shyam Lal Om Prakash, Arhti and Anr Judgment Date: March 30, […]

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Supreme Court Orders Fresh Inspection for Medical College: Subharti Medical College vs. Union of India (2017)

Can a medical college be denied an increase in seats based on a single inspection report? The Supreme Court of India addressed this question in a case involving Subharti Medical College. The court ordered a fresh inspection, highlighting the importance of thorough verification in such matters. This case falls under the ambit of medical education

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Supreme Court mandates interest on rent arrears: Bhagirath Agarwal vs. M/S Simplex Concrete & Piles (I) Pvt. Ltd. (23 March 2017)

LEGAL ISSUE: Whether a court has the discretion to deny interest on arrears of rent when permitting payment in installments under the West Bengal Premises Tenancy Act, 1956. CASE TYPE: Tenancy Law Case Name: Bhagirath Agarwal vs. M/S Simplex Concrete & Piles (I) Pvt. Ltd. [Judgment Date]: 23 March 2017 Introduction Date of the Judgment:

Supreme Court mandates interest on rent arrears: Bhagirath Agarwal vs. M/S Simplex Concrete & Piles (I) Pvt. Ltd. (23 March 2017) Read Post »

Supreme Court clarifies maintainability of intra-court appeals in corruption cases: Ram Kishan Fauji vs. State of Haryana (21 March 2017)

LEGAL ISSUE: Whether an intra-court appeal is maintainable against a High Court order in a case related to corruption. CASE TYPE: Criminal Case Name: Ram Kishan Fauji vs. State of Haryana and Ors. Judgment Date: 21 March 2017 Date of the Judgment: 21 March 2017 Citation: (2017) INSC 238 Judges: Dipak Misra, J., A.M. Khanwilkar,

Supreme Court clarifies maintainability of intra-court appeals in corruption cases: Ram Kishan Fauji vs. State of Haryana (21 March 2017) Read Post »

Amalgamation and Tax Liability: Supreme Court clarifies treatment of waived interest under Section 41(1) and 72A of Income Tax Act: M/s. McDowell & Company Ltd. vs. Commissioner of Income-Tax (2017) INSC 181 (09 March 2017)

Can a company that takes over a sick company through amalgamation also inherit the tax liabilities of the sick company, especially when it benefits from tax exemptions? The Supreme Court of India, in this case, examined the interplay between Section 41(1) and Section 72A of the Income Tax Act, 1961. This case revolves around whether

Amalgamation and Tax Liability: Supreme Court clarifies treatment of waived interest under Section 41(1) and 72A of Income Tax Act: M/s. McDowell & Company Ltd. vs. Commissioner of Income-Tax (2017) INSC 181 (09 March 2017) Read Post »

Supreme Court upholds eviction order despite undertaking in conducting agreement case: Dnyandeo Sabaji Naik vs. Pradnya Prakash Khadekar (2017)

Date of the Judgment: March 1, 2017 Citation: (2017) INSC 154 Judges: Jagdish Singh Khehar, CJI, Dr. D.Y. Chandrachud, J., Sanjay Kishan Kaul, J. Can a party who has given an undertaking to vacate premises still challenge the eviction order? The Supreme Court of India addressed this question in a case involving a long-standing dispute

Supreme Court upholds eviction order despite undertaking in conducting agreement case: Dnyandeo Sabaji Naik vs. Pradnya Prakash Khadekar (2017) Read Post »

Supreme Court Clarifies Demurrage Liability for Port Authorities: Rasiklal Kantilal vs. Board of Trustee (2017)

LEGAL ISSUE: Determining liability for demurrage charges at ports. CASE TYPE: Civil Law, Port Trust Case Name: M/S. RASIKLAL KANTILAL & CO. vs. BOARD OF TRUSTEE OF PORT OF BOMBAY & OTHERS Judgment Date: 28 February 2017 Date of the Judgment: 28 February 2017 Citation: (2017) INSC 147 Judges: J. Chelameswar, J. Abhay Manohar Sapre

Supreme Court Clarifies Demurrage Liability for Port Authorities: Rasiklal Kantilal vs. Board of Trustee (2017) Read Post »

Supreme Court Upholds Temple’s Ownership in Land Dispute: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors (2017)

LEGAL ISSUE: Whether the High Court erred in reversing the concurrent findings of the trial court and appellate court regarding the ownership and possession of the suit property. CASE TYPE: Civil Property Dispute Case Name: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors Judgment Date: 10 February 2017 Introduction Date of the

Supreme Court Upholds Temple’s Ownership in Land Dispute: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors (2017) Read Post »

Supreme Court Modifies Sentence in Uphaar Tragedy Case: Fine Imposed Instead of Additional Jail Time

LEGAL ISSUE: Whether a sentence of imprisonment can be substituted with a fine, and the extent of punishment for offences under Section 304A of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Association of Victims of Uphaar Tragedy vs. Sushil Ansal and Another Judgment Date: 9th February 2017 Introduction Date of the

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Supreme Court Clarifies the Importance of ACRs in Promotions: Sivanandi vs. Rajeev Kumar (2017)

LEGAL ISSUE: Whether an Annual Confidential Report (ACR) is a part of an officer’s service record and if delays in writing it can be grounds for ignoring it for promotion purposes. CASE TYPE: Service Law Case Name: P. Sivanandi vs. Rajeev Kumar & Ors. Judgment Date: 2nd February 2017 Introduction Date of the Judgment: 2nd

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Supreme Court Clarifies Land Acquisition Under KIAD Act: Applicability of 2013 Act (25 January 2017)

Date of the Judgment: 25 January 2017 Citation: 2017 INSC 58 Judges: A.K. Sikri, J., R.K. Agrawal, J. Can the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New LA Act) be applied when land is acquired under the Karnataka Industrial Areas Development Act, 1966 (KIAD

Supreme Court Clarifies Land Acquisition Under KIAD Act: Applicability of 2013 Act (25 January 2017) Read Post »

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017)

LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963, applies to revision petitions filed in the High Court under Section 81 of the Assam Value Added Tax Act, 2003. CASE TYPE: Tax Law Case Name: M/S Patel Brothers vs. State of Assam and Ors. Judgment Date: 04 January 2017 Date of the Judgment: 04

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017) Read Post »

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