Supreme Court Addresses Technical Member Absence in IPAB for Patent Dispute: Natco Pharma Ltd. vs. Union of India (2008)

Introduction Date of the Judgment: October 01, 2008 The Supreme Court of India stepped in to address a unique problem: what happens when the Intellectual Property Appellate Board (IPAB), which is supposed to handle complex patent disputes, doesn’t have a Technical Member? This issue arose in a case involving Natco Pharma Limited and the Union […]

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Supreme Court clarifies liability for Provident Fund dues between Holding and Subsidiary Companies: Regional Provident Fund Commissioner vs. ABS Spinning Orissa Ltd. (2008)

Date of the Judgment: October 1, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a holding company be held responsible for the Provident Fund dues of its subsidiary? The Supreme Court addressed this question in a case between the Regional Provident Fund Commissioner and ABS Spinning Orissa Ltd. The court clarified that a subsidiary

Supreme Court clarifies liability for Provident Fund dues between Holding and Subsidiary Companies: Regional Provident Fund Commissioner vs. ABS Spinning Orissa Ltd. (2008) Read Post »

Supreme Court settles procedure for demolition orders by Municipal Corporations: Municipal Corporation, Ludhiana vs. Inderjit Singh (2008)

Introduction Date of the Judgment: October 1, 2008 Judges: S.B. Sinha, J., Aftab Alam, J. Can a municipal corporation demolish a construction without proper notice and opportunity for a hearing? The Supreme Court addressed this critical question in the case of Municipal Corporation, Ludhiana vs. Inderjit Singh, concerning the legality of demolition orders issued by

Supreme Court settles procedure for demolition orders by Municipal Corporations: Municipal Corporation, Ludhiana vs. Inderjit Singh (2008) Read Post »

Supreme Court settles compensation for disability claims in motor accident cases: Ramprasad Balmiki vs. Anil Kumar Jain (2008)

Introduction Date of the Judgment: October 01, 2008 Citation: Civil Appeal No. 5949 of 2008 (Arising out of SLP (C) No. 17058 of 2006) Judges: S.B. Sinha, J. and Cyriac Joseph, J. How should courts determine compensation in motor accident cases involving disability? The Supreme Court addressed this question in a case where an appellant,

Supreme Court settles compensation for disability claims in motor accident cases: Ramprasad Balmiki vs. Anil Kumar Jain (2008) Read Post »

Supreme Court clarifies conditions for waiving interest under Section 220(2A) of the Income Tax Act: B.M. Malani vs. Commr. of Income Tax (2008)

Introduction Date of the Judgment: October 01, 2008 Citation: [Not Available in Source] Judges: S.B. Sinha, J., Cyriac Joseph, J. When can the Income Tax Department waive interest on delayed tax payments? The Supreme Court of India addressed this question in the case of B.M. Malani vs. Commissioner of Income Tax, focusing on the interpretation

Supreme Court clarifies conditions for waiving interest under Section 220(2A) of the Income Tax Act: B.M. Malani vs. Commr. of Income Tax (2008) Read Post »

Supreme Court clarifies the criteria for reinstatement and back wages in cases of termination of service: Talwara Coop. Credit vs. Sushil Kumar (2008)

Introduction Date of the Judgment: October 1, 2008 Citation: Civil Appeal No. 5951 of 2008 [Arising out of SLP (Civil) No. 336 of 2005] Judges: S.B. Sinha, J., Cyriac Joseph, J. When an employee’s services are terminated, what factors should an Industrial Court consider when deciding whether to reinstate the employee with back wages? The

Supreme Court clarifies the criteria for reinstatement and back wages in cases of termination of service: Talwara Coop. Credit vs. Sushil Kumar (2008) Read Post »

Supreme Court settles the existence of an arbitration agreement despite the absence of signatures on formal contract: M/s. Unissi (India) Pvt. Ltd. vs. Post Graduate Institute of Medical Education & Research (2008)

Introduction Date of the Judgment: October 01, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. Does the absence of a formal signed agreement negate the existence of an arbitration agreement when parties have acted upon the terms of a tender containing an arbitration clause? The Supreme Court of India addressed this critical question in a

Supreme Court settles the existence of an arbitration agreement despite the absence of signatures on formal contract: M/s. Unissi (India) Pvt. Ltd. vs. Post Graduate Institute of Medical Education & Research (2008) Read Post »

Supreme Court clarifies medical college admission rules in Maharashtra: State of Maharashtra & Ors. vs. Sneha Satyanarayan Agrawal & Ors. (2008)

Introduction Date of the Judgment: October 1, 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: K.G. Balakrishnan, CJI, P. Sathasivam, J. When a student seeks admission to a medical college, how should the rules regarding state and regional quotas be applied? The Supreme Court of India addressed

Supreme Court clarifies medical college admission rules in Maharashtra: State of Maharashtra & Ors. vs. Sneha Satyanarayan Agrawal & Ors. (2008) Read Post »

Supreme Court holds Reserve Bank of India not an “establishment” under Contract Labour Act: RBI vs. State (2008)

Introduction Date of the Judgment: September 30, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Is the Reserve Bank of India (RBI) an “establishment” as defined under the Contract Labour (Regulation and Abolition) Act, 1970? This question was at the heart of a legal battle between the Reserve Bank of India and the

Supreme Court holds Reserve Bank of India not an “establishment” under Contract Labour Act: RBI vs. State (2008) Read Post »

Supreme Court directs reconsideration of pension case based on P.V. Neelakandan ruling (2008)

Date of the Judgment: September 30, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Are High Court decisions final even when a similar issue is pending before the Supreme Court? The Supreme Court of India addressed this question in a case involving a pension dispute in Kerala. The court ultimately directed the High

Supreme Court directs reconsideration of pension case based on P.V. Neelakandan ruling (2008) Read Post »

Pareena Swarup vs. Union of India: Supreme Court Upholds Independence of Tribunals in Money Laundering Cases (2008)

Introduction Date of the Judgment: September 30, 2008 The Supreme Court of India addressed a critical question: Can the independence of tribunals established under the Prevention of Money Laundering Act, 2002 (PMLA) be ensured to uphold the constitutional separation of powers? This question arose in a Public Interest Litigation (PIL) filed by Ms. Pareena Swarup,

Pareena Swarup vs. Union of India: Supreme Court Upholds Independence of Tribunals in Money Laundering Cases (2008) Read Post »

Supreme Court Upholds Conviction in Attempted Murder Case: Murugan vs. State (2008)

Date of the Judgment: September 30, 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Can inconsistencies in witness statements undermine a conviction in an attempted murder case? The Supreme Court of India addressed this question in an appeal concerning

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