Supreme Court Upholds Merit in Admissions: Mahatma Gandhi University vs. Gis Jose (2008)

/ Admission Rules, Ashok Bhan, Education Law, Judges, University Regulations, V.S. Sirpurkar

Introduction Date of the Judgment: September 8, 2008 Case Citation: SLP (C) No. 3569 of 2007 Judges: Hon’ble Mr. Justice Ashok Bhan and Hon’ble Mr. Justice V.S. Sirpurkar; Judgment delivered by Hon’ble Mr. Justice V.S. Sirpurkar Should educational institutions compromise on admission criteria to accommodate students? The Supreme Court of India addressed this critical question […]

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Supreme Court Upholds High Court’s Decision on Discharge of Bond for Medical Disability: Union of India vs. Priyankan Sharan (2008)

/ Arijit Pasayat, Bond Agreements, Constitutional Law, Contract Law, Contract Law with Clause Interpretation, Judges, S.H. Kapadia

Introduction Date of the Judgment: September 8, 2008 Citation: Civil Appeal No. 5539 of 2008 (Arising out of SLP (C) No. 25514 of 2004) Judges: Dr. Arijit Pasayat, J. and S.H. Kapadia, J. Can a medical cadet, who executed a bond to serve the nation after completing their MBBS, be discharged from the bond due

Supreme Court Upholds High Court’s Decision on Discharge of Bond for Medical Disability: Union of India vs. Priyankan Sharan (2008) Read Post »

Supreme Court Classifies Ayurvedic Products: Commissioner of Central Excise vs. Ishaan Research Lab (2008)

/ Ashok Bhan, Central Excise Act, Central Excise Act with Section 11A, Central Excise Act with Section 4(4)(c), Drugs and Cosmetics Act, Drugs and Cosmetics Act with Section 3(a), Drugs and Cosmetics Act with Section 3(h), Judges, V.S. Sirpurkar

Introduction Date of the Judgment: September 8, 2008 Judges: Hon’ble Mr. Justice Ashok Bhan and Hon’ble Mr. Justice V.S. Sirpurkar Are products containing Ayurvedic ingredients but sold as cosmetics truly medicines under the eyes of the law? The Supreme Court of India addressed this complex question in a dispute over excise duties levied on Ishaan

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Supreme Court sets aside eviction decree, recognizing firm as statutory tenant: Gautham Bhavan vs. Sakuntala Sahu (2008)

/ B.N. Agrawal, Eviction, G.S. Singhvi, Judges, Property Law, Statutory Tenant, Tenancy

Date of the Judgment: September 05, 2008 Citation: Civil Appeal No. 5516 of 2008 (Arising out of S.L.P. (C) No. 5500 of 2008) Judges: B.N. Agrawal, J. and G.S. Singhvi, J. Can a court disregard prior judgments establishing tenancy rights in an eviction suit? The Supreme Court of India addressed this critical question in a

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Supreme Court Upholds Amended Promotion Rules for UP Higher Judicial Service: V.K. Srivastava vs. Govt. of U.P. (2008)

/ Constitutional Law, Constitutional Law with Article 233, J.M. Panchal, Judges, K.G. Balakrishnan, Merit-cum-Seniority, P. Sathasivam, Promotion Rules, Retrospective Application, Service Law

Introduction Date of the Judgment: 4th September 2008 The Supreme Court of India, in V.K. Srivastava & Ors. vs. Govt. of U.P. & Anr., addressed a critical question regarding the retrospective application of amended service rules concerning promotions within the Uttar Pradesh Higher Judicial Service. This case highlights the conflict between established seniority rights and

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Supreme Court clarifies the scope of orders regarding Mahantship succession: Mahant Rajendra Das Vaishanav vs. Gopal Das & Ors. (2008)

/ Constitutional Law, Constitutional Law with Article 227, Dalveer Bhandari, Judges, R.V. Raveendran

Date of the Judgment: September 04, 2008 Citation: [Citation not available in the provided text] Judges: Justice R.V. Raveendran, Justice Dalveer Bhandari Can previous orders of the Supreme Court be interpreted as final directives on the succession of a religious office, even without a formal adjudication? The Supreme Court addressed this question in the case

Supreme Court clarifies the scope of orders regarding Mahantship succession: Mahant Rajendra Das Vaishanav vs. Gopal Das & Ors. (2008) Read Post »

Supreme Court settles deduction calculation under Section 80HHC for export businesses: M/s. Mysodet (P) Ltd. vs. Commissioner of Income Tax, Bangalore (2008)

/ B. Sudershan Reddy, Deductions, Income Tax Act, 1961, Income Tax Act, 1961 with Section 80HHC, Judges, S.H. Kapadia

Introduction Date of the Judgment: September 03, 2008 Citation: Civil Appeal No. 5475 of 2008 (Arising out of SLP(C) No. 7323 of 2007) Judges: Justice S.H. Kapadia and Justice B. Sudershan Reddy How should deductions be calculated for export businesses under Section 80HHC of the Income Tax Act when a company has both export and

Supreme Court settles deduction calculation under Section 80HHC for export businesses: M/s. Mysodet (P) Ltd. vs. Commissioner of Income Tax, Bangalore (2008) Read Post »

Supreme Court Dismisses Appeal on Excise Refund Interest Claim: Union of India vs. Sterlite Industries (2008)

/ B. Sudershan Reddy, Central Excise Act, 1944, Central Excise Act, 1944 with Rule 57AC (7), Central Excise Rules, 1944, Judges, S.H. Kapadia

Date of the Judgment: September 03, 2008 Judges: S.H. Kapadia, J. and B. Sudershan Reddy, J. When a company is entitled to a refund of excise duty, is it also entitled to interest on that refund? The Supreme Court of India addressed this question in a case involving Sterlite Industries. The court set aside a

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Supreme Court Upholds Tribunal Decision on Promotion Based on Relaxed Qualification: Vijay Bala Bhanot vs. Government of NCT Delhi (2008)

/ Dr. Mukundakam Sharma, Judges, R.V. Raveendran, Recruitment Rules, Service Law, Service Law with Relaxation Rules

Introduction Date of the Judgment: September 03, 2008 The Supreme Court of India addressed the legality of promotions granted by relaxing educational qualifications, questioning whether such relaxations can be applied to individuals rather than a class or category of employees. The case revolves around Lab Technicians promoted to Technical Assistants based on relaxed criteria. The

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Supreme Court Allows Appeal Against Order Denying Interest on Excise Refund: Union of India vs. Sterlite Industries (2008)

/ B. Sudershan Reddy, Central Excise Act, 1944, Central Excise Act, 1944 with Rule 57AC (7), Central Excise Rules, 1944, Judges, S.H. Kapadia

Date of the Judgment: September 03, 2008 Judges: S.H. Kapadia, B. Sudershan Reddy When a government department delays a refund, is it obligated to pay interest on the delayed amount? The Supreme Court of India addressed this question in a case involving Sterlite Industries and the Union of India. The core issue revolved around whether

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Supreme Court Restores Trial Court Order in Ex-Parte Decree Setting Aside Case: Pavan Sachdeva & Anr. vs. S.M.S. Pharmaceuticals Ltd. & Anr. (01 September 2008)

/ Appellate Review, B.N. Agrawal, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order IX, Ex-parte Decree, G.S. Singhvi, Judges, Trial Court

Date of the Judgment: 01 September 2008 Judges: B.N. Agrawal, J. and G.S. Singhvi, J. Can a High Court interfere with a Trial Court’s order that doesn’t show jurisdictional errors or material irregularities? The Supreme Court addressed this question in a case regarding the setting aside of an ex-parte decree. The Supreme Court allowed the

Supreme Court Restores Trial Court Order in Ex-Parte Decree Setting Aside Case: Pavan Sachdeva & Anr. vs. S.M.S. Pharmaceuticals Ltd. & Anr. (01 September 2008) Read Post »

Supreme Court sets aside High Court order regarding regularization of Khalasis: Union of India vs. Laxman Singh Champalal (01 September 2008)

/ Administrative Law, Central Administrative Tribunal, Cyriac Joseph, Judges, Judicial Review, Reasoned Judgments, Regularization, Reversion, S.B. Sinha, Service Law, Tribunal Orders

Date of the Judgment: 01 September 2008 Judges: S.B. Sinha and Cyriac Joseph, JJ. Can a High Court judgment be sustained if it lacks reasoning? The Supreme Court addressed this question in a case concerning the regularization of employees in the post of Khalasis. The Court emphasized the necessity for the High Court to provide

Supreme Court sets aside High Court order regarding regularization of Khalasis: Union of India vs. Laxman Singh Champalal (01 September 2008) Read Post »

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