Articles by Umang Sultania on LegalRepublic.in.
A Division Bench of Justices Vikram Nath and Sandeep Mehta reverses the Gauhati High Court, holding that Assam cannot deny regularisation to workers left out of its own 2005 Cabinet decision through clerical lapses, as such exclusion violat
A Supreme Court bench of Justices Sanjay Kumar and K. Vinod Chandran reverses a High Court ruling that mandated demand drafts for out-of-state bidders, restoring the appellant's tender qualification.
A Supreme Court bench of Justices Sanjay Karol and Prasanna B. Varale holds that statutory bail powers cannot be stretched to mandate administrative reforms in criminal process service.
A bench of Justices Ujjal Bhuyan and Vijay Bishnoi upholds a 1983 Will bequeathing Karnataka properties to a sister, rejecting the wife and children's forgery plea.
A three-judge bench set aside conviction under the UAPA and IPC, holding that the prosecution had falsely assigned the identity of an absconding accused to an innocent refugee.
A Division Bench of Justices Pankaj Mithal and Prasanna B. Varale dismissed the appeal, holding that a complete chain of circumstantial evidence pointed unerringly to the husband's guilt.
A bench of Justices M.M. Sundresh and Satish Chandra Sharma reversed a Madras High Court acquittal, restoring nine convictions for the 2013 contract killing of Dr. Subbiah.
A Supreme Court bench of Justices Sanjay Kumar and K. Vinod Chandran holds that penalty for failing to demonstrate declared generation capacity is a civil strict-liability obligation, distinct from gaming.
A Supreme Court bench of Justices J.K. Maheshwari and Atul S. Chandurkar rules that the Brihanmumbai Municipal Corporation cannot use a private agreement to extinguish a landowner's statutory right to additional amenity TDR under the MRTP A
A Division Bench sets aside a Special Court's cognizance order under PMLA, holding the first proviso to BNSS Section 223(1) is mandatory and its breach renders proceedings void.
A Division Bench of Justices Sanjay Kumar and K. Vinod Chandran set aside the Madras High Court's anticipatory bail order, finding the third bail petition in three months an abuse of process.
A Supreme Court bench of Justices J.K. Maheshwari and Atul S. Chandurkar dismisses a waitlisted candidate's claim to a fresh posting after he refused to join his originally recommended college.
A bench of Justices Pankaj Mithal and Prasanna B. Varale held that general accusations against a group, absent specific individual acts, cannot compel an accused to face trial.
A Supreme Court bench of Justices J.K. Maheshwari and Atul S. Chandurkar holds that personal injury claims abate on a doctor's death, but pecuniary claims against the estate survive and must be adjudicated by NCDRC.
A Division Bench transfers FIR No. 439/2024 from Gurugram to join Delhi's EOW investigation, holding parallel FIRs on identical facts impermissible under the CrPC scheme.
A Division Bench of Justices Dipankar Datta and Augustine George Masih sets aside High Court directions to convene a DPC under executive instructions displaced by the 2021 Rules.
A three-judge bench upholds pan-India directions barring re-release of stray dogs into institutional premises, reading ABC Rules 2023 harmoniously with the parent statute and Article 21.
A Division Bench led by Justice Ujjal Bhuyan holds that K.A. Najeeb remains binding law and that prolonged pre-trial detention under the UAP Act cannot be sustained by invoking Section 43-D(5) alone.
A Division Bench of the Supreme Court held that a partition decree incorporating auction directions is executable without a separate final decree, restoring stalled execution proceedings after more than a decade of litigation.
A Division Bench of the Supreme Court holds that the nomenclature “loan” cannot exclude a transaction from the wide definition of “deposit” under the MPID Act, restoring the appellants’ right to proceed under the statute.
A bench of Justices Ahsanuddin Amanullah and R. Mahadevan set aside Rs 25 lakh personal cost on a Tamil Nadu education official who acted on a then-valid government order restricting Group D recruitment.
A Supreme Court bench of Justices S.V.N. Bhatti and Prasanna B. Varale remands a Kanpur eviction suit, holding that striking off a tenant's defence demands proper determination of the first date of hearing.
A bench of Justices Manoj Misra and Manmohan quashed a bootlegger’s preventive detention, holding that stereotypical grounds without arrest attempts or public order breach cannot sustain detention.
A Supreme Court bench of Justices Sanjay Karol and Augustine George Masih restores a daughters' partition suit, holding Section 6(5) cannot foreclose trial on contested questions of fact and law.
A Supreme Court bench of Justices Sanjay Karol and Vipul M. Pancholi holds that Mediclaim proceeds are contractual, not a double benefit against statutory MACT compensation.
A bench of Justices Vikram Nath and Sandeep Mehta holds that students who completed MBBS at private rates cannot retain a fee windfall from interim court orders.
A bench of Justices Manmohan and Manoj Misra reversed the Bombay High Court, holding that a co-landlord's plaint adequately pleaded bona fide need and landlord status under the Bombay Rent Act.
A bench of Justices S.V.N. Bhatti and Vijay Bishnoi holds that Regulation 10 of Canara Bank’s 1976 Regulations gives management discretion, not an obligation, to hold common disciplinary proceedings against co-accused officers.
A Division Bench of the Supreme Court held that Clause 14 of the Accommodation Agreements bodily imported the Development Agreement, including its arbitration clause, by incorporation under Section 7(5) of the Arbitration and Conciliation A
A bench of Justices Vikram Nath and Sandeep Mehta held that extending the investigation period under UAPA without producing the accused or recording reasons violates Article 21, and ordered the appellant's release on default bail.
