Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008)

Introduction Date of the Judgment: September 16, 2008 Judges: Justice Tarun Chatterjee, Justice Aftab Alam When is it acceptable for a higher court to intervene, even when other legal avenues are available? The Supreme Court of India addressed this critical question in Mariamma Roy vs. Indian Bank, focusing on the principles of natural justice. The […]

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Supreme Court Dismisses Writ Petition Due to Lack of Territorial Jurisdiction: State of Punjab & Ors. vs. Santosh Kumar (2008)

Date of the Judgment: September 15, 2008 Judges: Justice B.N. Agrawal, Justice G.S. Singhvi Introduction When can a High Court refuse to hear a case? The Supreme Court of India addressed this question in a case where the High Court of Punjab and Haryana made observations on a case it should not have heard in

Supreme Court Dismisses Writ Petition Due to Lack of Territorial Jurisdiction: State of Punjab & Ors. vs. Santosh Kumar (2008) Read Post »

Supreme Court settles the requirement of notice under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 in land purchase cases: Tukaram Maruti Chavan vs. Maruti Narayan Chavan (2008) INSC 1486 (15 September 2008)

Introduction Date of the Judgment: 15 September 2008 Citation: (2008) INSC 1486 Judges: Tarun Chatterjee, J., Aftab Alam, J. Does a tenant automatically gain ownership of land if the landlord is a widow? The Supreme Court of India addressed this critical question in Tukaram Maruti Chavan vs. Maruti Narayan Chavan, focusing on the mandatory nature

Supreme Court settles the requirement of notice under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 in land purchase cases: Tukaram Maruti Chavan vs. Maruti Narayan Chavan (2008) INSC 1486 (15 September 2008) Read Post »

Supreme Court clarifies interest on delayed excise refunds: Union of India vs. Shreeji Colour Chem Industries (2008)

Introduction Date of the Judgment: September 15, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. When does the government have to pay interest on delayed refunds of excise duties? The Supreme Court of India addressed this question in a case involving Shreeji Colour Chem Industries. The core issue was whether the company was

Supreme Court clarifies interest on delayed excise refunds: Union of India vs. Shreeji Colour Chem Industries (2008) Read Post »

Supreme Court clarifies scope of Section 149 IPC in unlawful assembly case: Maranadu and Anr. vs. State of Tamil Nadu (2008)

Introduction Date of the Judgment: September 15, 2008 Citation: [Not Available in Source] Judges: Dr. Arijit Pasayat, J., P. Sathasivam, J., Aftab Alam, J. When can presence in an unlawful assembly lead to conviction, even without direct participation in the crime? The Supreme Court of India addressed this question in Maranadu and Anr. v. State

Supreme Court clarifies scope of Section 149 IPC in unlawful assembly case: Maranadu and Anr. vs. State of Tamil Nadu (2008) Read Post »

Supreme Court Upholds Eviction Order Under Karnataka Rent Act for Senior Citizen Landlord: K. Puttaraju vs. A. Hanumegowda (2008)

Introduction Date of the Judgment: September 15, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a senior citizen landlord evict a tenant to start a business for their handicapped son? This question was at the heart of a dispute that reached the Supreme Court of India. The Court addressed the interplay between the general

Supreme Court Upholds Eviction Order Under Karnataka Rent Act for Senior Citizen Landlord: K. Puttaraju vs. A. Hanumegowda (2008) Read Post »

Supreme Court settles the partition of Inam lands within a family: K.V. Sudharshan vs. A. Ramakrishnappa (2008)

Date of the Judgment: September 15, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Harjit Singh Bedi, J. When a family elder is granted Inam lands due to their position as the Archak (priest) of a temple, can these lands be considered solely their individual property, or do they belong to the entire

Supreme Court settles the partition of Inam lands within a family: K.V. Sudharshan vs. A. Ramakrishnappa (2008) Read Post »

Supreme Court Clarifies Arbitrability of Liquidated Damages in Government Contracts: BSNL vs. Motorola (2008)

Introduction Date of the Judgment: September 15, 2008 Citation: Civil Appeal No. 5645 of 2008 [Arising out of SLP(C) No. 3459 of 2007] Judges: Tarun Chatterjee, J., Lokeshwar Singh Panta, J. When can a dispute be resolved outside of court-ordered arbitration? The Supreme Court of India addressed this question in a case between Bharat Sanchar

Supreme Court Clarifies Arbitrability of Liquidated Damages in Government Contracts: BSNL vs. Motorola (2008) Read Post »

Supreme Court clarifies scope of mistake under Section 254(2) of Income Tax Act in Saurashtra Kutch Stock Exchange Ltd. (September 15, 2008)

Date of the Judgment: September 15, 2008 Citation: [Not Available in Source] Judges: C.K. Thakker, J., Lokeshwar Singh Panta, J. Can the Income Tax Appellate Tribunal rectify an order if it fails to consider a decision from the High Court? The Supreme Court addressed this question in the case of Assistant Commissioner, Income Tax vs.

Supreme Court clarifies scope of mistake under Section 254(2) of Income Tax Act in Saurashtra Kutch Stock Exchange Ltd. (September 15, 2008) Read Post »

Supreme Court overturns conviction in rape case due to inconsistent evidence: Lalliram and Anr. vs. State of M.P. (2008)

Date of the Judgment: September 15, 2008 Citation: [Not Available in Source] Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. In a case of alleged rape, how should courts weigh inconsistencies in the prosecutrix’s testimony against medical evidence? The Supreme Court of India addressed this critical question in the case of Lalliram and Anr.

Supreme Court overturns conviction in rape case due to inconsistent evidence: Lalliram and Anr. vs. State of M.P. (2008) Read Post »

Supreme Court clarifies seniority rules in inter-collectorate transfers: Union of India vs. Deo Narain (2008)

Introduction Date of the Judgment: September 15, 2008 Judges: C.K. Thakker, J., Lokeshwar Singh Panta, J. When an employee is transferred from one department to another on compassionate grounds, does that employee lose their previously earned seniority? The Supreme Court of India addressed this question in a case concerning the Union of India and several

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Supreme Court Orders Transfer of Divorce Petition: Harmit Kaur vs. Jarnail Singh (2008)

Date of the Judgment: September 11, 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Justice B.N. Agrawal and Justice G.S. Singhvi Can a divorce petition be transferred to a different district for the convenience of the parties involved? The Supreme Court addressed this question in the case

Supreme Court Orders Transfer of Divorce Petition: Harmit Kaur vs. Jarnail Singh (2008) Read Post »

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