Supreme Court sets aside High Court order for violating natural justice in a property dispute case: Prabha Mathur & Anr. vs. Pramod Aggarwal & Ors. (26 September 2008)

/ Allahabad High Court Rules, 1952, C.K. Thakker, Civil Procedure, D.K. Jain, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Natural Justice

Introduction Date of the Judgment: 26 September 2008 The Supreme Court of India addressed whether a High Court can set aside orders of lower courts without providing an opportunity for all parties to be heard. This issue arose from a property dispute where the High Court of Judicature at Allahabad reversed decisions made by lower […]

Supreme Court sets aside High Court order for violating natural justice in a property dispute case: Prabha Mathur & Anr. vs. Pramod Aggarwal & Ors. (26 September 2008) Read Post »

Supreme Court Clarifies the Scope of Labour Court’s Power in Declaring Workmen Permanent: U.P. State Sugar & Cane Development Corporation Ltd. vs. Chini Mill Mazdoor Sangh & Ors. (26 September 2008)

/ Altamas Kabir, Industrial Disputes Act, Judges, Labour Law, Markandey Katju, Standing Orders, Workmen

Introduction Date of the Judgment: 26 September 2008 Judges: Altamas Kabir, J., Markandey Katju, J. The central question in this case revolves around whether a Labour Court can declare seasonal workers as permanent employees, especially when their work’s nature appears continuous. The Supreme Court addressed this issue in an appeal concerning the U.P. State Sugar

Supreme Court Clarifies the Scope of Labour Court’s Power in Declaring Workmen Permanent: U.P. State Sugar & Cane Development Corporation Ltd. vs. Chini Mill Mazdoor Sangh & Ors. (26 September 2008) Read Post »

Supreme Court modifies conviction for Budhi Lal in culpable homicide case: Budhi Lal vs. State of Uttarakhand (26 September 2008)

/ Criminal Procedure Code, Criminal Procedure Code with Section 313, Culpable Homicide, Dr. ARIJIT PASAYAT, Dr. Mukundakam Sharma, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges

Introduction Date of the Judgment: 26 September 2008 Judges: Dr. Arijit Pasayat and Dr. Mukundakam Sharma Can a conviction under Section 302 of the Indian Penal Code be modified to Section 304 Part-I based on the factual scenario and manner of assault? The Supreme Court addressed this question in the case of Budhi Lal v.

Supreme Court modifies conviction for Budhi Lal in culpable homicide case: Budhi Lal vs. State of Uttarakhand (26 September 2008) Read Post »

From Murder to Culpable Homicide: Supreme Court Revisits Section 304, IPC in Bihari Rai vs. State of Bihar (2008)

/ Arijit Pasayat, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 145, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Mukundakam Sharma, Right to Private Defense

Introduction Date of the Judgment: September 26, 2008 Citation: Criminal Appeal No. 1536 of 2008 (Arising out of S.L.P. (Crl.) No.862 of 2007) Judges: Dr. Arijit Pasayat, J. and Dr. Mukundakam Sharma, J. Can a conviction for murder be reduced to culpable homicide if the crime occurred during a sudden quarrel? The Supreme Court of

From Murder to Culpable Homicide: Supreme Court Revisits Section 304, IPC in Bihari Rai vs. State of Bihar (2008) Read Post »

Supreme Court clarifies tax liability of clubs supplying goods to members in sales tax cases: Cosmopolitan Club vs. State of Tamil Nadu (25 September 2008)

/ B. Sudershan Reddy, Companies Act, Companies Act with Section 26, Constitutional Law, Constitutional Law with 46th Amendment, Judges, S.H. Kapadia, Sale of Goods Act, 1930, Sales Tax, Sales Tax with Section 2(n), Tamil Nadu General Sales Tax Act, 1959

Date of the Judgment: 25 September 2008 Judges: S.H. Kapadia, B. Sudershan Reddy The Supreme Court addressed the question of whether clubs are liable to pay sales tax on the supply of food and drinks to their members. The core issue revolves around whether such supplies constitute a ‘sale’ under the Tamil Nadu General Sales

Supreme Court clarifies tax liability of clubs supplying goods to members in sales tax cases: Cosmopolitan Club vs. State of Tamil Nadu (25 September 2008) Read Post »

Supreme Court allows compounding of offence under Section 324 IPC in hurt case: Manoj & Anr. vs. State of Madhya Pradesh (25 September 2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 320, Compounding of Offences, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 324, Judges, Lokeshwar Singh Panta, Offences Affecting the Human Body, R. V. Raveendran

Date of the Judgment: 25 September 2008 Citation: [Not Available in Source Text] Judges: Justice R. V. Raveendran, Justice Lokeshwar Singh Panta Can villagers resolve disputes, even those involving physical harm, through mutual agreement? The Supreme Court addressed this question in a case where two brothers were convicted of causing hurt with dangerous weapons. The

Supreme Court allows compounding of offence under Section 324 IPC in hurt case: Manoj & Anr. vs. State of Madhya Pradesh (25 September 2008) Read Post »

Supreme Court Upholds Conviction in Robbery Case: Aslam @ Deewan vs. State of Rajasthan (2008)

/ Dr. ARIJIT PASAYAT, Dr. Mukundakam Sharma, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 392, Indian Penal Code, 1860 with Section 394, Judges

Introduction Date of the Judgment: September 25, 2008 Citation: Criminal Appeal No. 1531 of 2008 (Arising out of S.L.P. (Crl.) No.3925 of 2007) Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Can a person be convicted under Section 394 of the Indian Penal Code, 1860 (IPC) based on the evidence presented? The Supreme Court

Supreme Court Upholds Conviction in Robbery Case: Aslam @ Deewan vs. State of Rajasthan (2008) Read Post »

Supreme Court settles the validity of Industrial Dispute reference after workers’ admission as contract labourers: Steel Authority of India Ltd. vs. State of West Bengal (2008)

/ Arijit Pasayat, Contract Labor, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 10, Industrial Disputes Act, 1947 with Section 7-A, Judges, Mukundakam Sharma, Regularization of Contract Labor, Sham Agreements

Introduction Date of the Judgment: September 25, 2008 The Supreme Court of India addressed the question of whether an industrial dispute referred by the Government of West Bengal under Section 7-A of the Industrial Disputes Act, 1947, was valid, especially when the workers had previously acknowledged their status as contract laborers. The core issue revolves

Supreme Court settles the validity of Industrial Dispute reference after workers’ admission as contract labourers: Steel Authority of India Ltd. vs. State of West Bengal (2008) Read Post »

Supreme Court settles liability of Insurance Company when the driver is a minor: United India Insurance vs. Rakesh Kumar (2008)

/ Cyriac Joseph, Insurance Law, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 4, Motor Vehicles Act, 1988 with Section 5, S.B. Sinha

Date of the Judgment: September 24, 2008 Citation: (2008) INSC 1424 Judges: Justice S.B. Sinha, Justice Cyriac Joseph Can an insurance company be held liable to pay compensation when the driver of the vehicle involved in an accident was a minor and did not possess a valid driving license? The Supreme Court of India addressed

Supreme Court settles liability of Insurance Company when the driver is a minor: United India Insurance vs. Rakesh Kumar (2008) Read Post »

Supreme Court sets aside conviction under NDPS Act due to lack of legal representation: Man Singh & Anr. vs. State of M.P. (24 September 2008)

/ Arijit Pasayat, Criminal Law, Judges, Legal Representation, Mukundakam Sharma, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 8

Introduction Date of the Judgment: 24 September 2008 Citation: Criminal Appeal No. 1516 of 2008 (Arising out of S.L.P. (Crl.) No. 5051 of 2007) Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. What happens when a lawyer appointed to defend an accused person doesn’t show up in court? The Supreme Court recently addressed this

Supreme Court sets aside conviction under NDPS Act due to lack of legal representation: Man Singh & Anr. vs. State of M.P. (24 September 2008) Read Post »

Supreme Court Upholds Acquittal in Dowry Death Case: State of A.P. vs. Guvva Satyanarayana (24 September 2008)

/ Arijit Pasayat, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 498A, Judges, Mukundakam Sharma

Introduction Date of the Judgment: 24 September 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Did the Andhra Pradesh High Court err in acquitting the accused in a dowry death case? The Supreme Court addressed this question in State of A.P. v. Guvva Satyanarayana. This case revolves around the death of a wife

Supreme Court Upholds Acquittal in Dowry Death Case: State of A.P. vs. Guvva Satyanarayana (24 September 2008) Read Post »

Supreme Court Upholds DDA’s Plot Allotment Policy in Land Acquisition Case (2008)

/ Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 with Rule 6, Judges, Lokeshwar Singh Panta, R. V. Raveendran

Introduction Date of the Judgment: September 23, 2008 Citation: Civil Appeal No. 5249 of 2002 Judges: Justice R. V. Raveendran and Justice Lokeshwar Singh Panta When land is acquired for city development, are authorities obligated to provide plots of a specific size to those displaced? The Supreme Court of India addressed this question in a

Supreme Court Upholds DDA’s Plot Allotment Policy in Land Acquisition Case (2008) Read Post »

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