2017 (9) TMI 853 - DELHI HIGH COURT
Bijender Sharma Versus Anil Sabharwal
Dishonour of cheques - Conviction for the offence under Section 138 of the Negotiable Instruments Act - Held that - True it is that in all cases where the loan transaction is not referred to or reflected in the Income Tax Returns, one cannot jump to a conclusion that the presumption under Section 139 of the N.I Act stand rebutted. In cases where the amount is small, the same principle may not apply. However, a huge amount of ₹ 50 lakhs has ....... + More
2017 (9) TMI 675 - SUPREME COURT OF INDIA
Aravali Power Company Pvt. Ltd. Versus M/s. Era Infra Engineering Ltd.
Arbitration proceedings - delays in the project - Appellant-Aravali Power Company Pvt. Ltd., scheduled date of completion of work was 19.05.2011 but the progress of work was quite slow which compelled the Appellant to cancel certain remaining works by its letters dated 18.07.2014, 24.10.2014, 30.06.2015 and 08.07.2015 - Held that - In the present case, the Arbitrator undoubtedly is an employee of the Appellant but so long as there is no justifiab....... + More
2017 (9) TMI 534 - DELHI HIGH COURT
Union of India & Another Versus Ajay Kumar
Sanction of financial assistance to the respondent under the Partial Funding of Foreign Study Scheme - Held that - It clearly emerges that despite the Respondent, having no reason to believe, that he would most certainly get financial support, he chose to proceed abroad for undertaking the LLB (Senior Status) Course, in the University of Leicester, immediately upon sanction of his study leave. Obviously, the Respondent did so with open eyes, and ....... + More
2017 (9) TMI 323 - SUPREME COURT OF INDIA
Ajayinder Sangwan and Ors. Versus Bar Council of Delhi & Ors.
Holding elections to the State Bar Councils - necessary steps - Held that - All the steps be taken by all the parties concerned in the matter for the purpose of elections in respect of all the Bar Councils where the term of the existing members have already expired or to be expired. We further make it clear that although this order has been passed in favour of the verification only for the purpose of the election but it would also include for the....... + More
2017 (9) TMI 287 - DELHI HIGH COURT
Bansal Plywood Versus State (NCT of Delhi) And Ors.
Dishonor of cheque - Acquittal for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 - legally enforceable debt proof - Held that - All burden of proving that a legally enforceable debt did not exist against the accused lies on the accused himself which has to be discharged by bringing on record some cogent evidence to make the Court believe that the existence of such liability was not probable. - The Trial Court ha....... + More
2017 (9) TMI 282 - MADRAS HIGH COURT
Coimbatore Masonic Charity Trust Versus State of Tamil Nadu, The Asst. Commissioner, Urban Land Tax Act, The Special Tahsildar, Urban Land Tax Act
Grant of exemption from the levy of urban land tax - 90 of the petitioner-trust income has not been spent for the objects of the trust - Held that - The petitioner s specific case is that when they have fulfilled the condition imposed in the Government Order and the expenditure for the block period of three years is taken into consideration it would be evident that the petitioner complied with the condition laid down for being entitled to exempti....... + More
2017 (9) TMI 255 - DELHI HIGH COURT
COURT ON ITS OWN MOTION Versus RAKESH KUMAR GUPTA.
Allegations levelled against the counsel appearing on behalf of the Revenue Department - Contempt of Courts - Mr. Rakesh Kumar Gupta states that although he is willing to withdraw some allegations on his own, and has already done so, he is not willing to withdraw all the allegations levelled against the lawyers representing the Revenue Department - Held that - Mr. Rakesh Kumar Gupta having addressed us for an hour and a half on the 28th July, 201....... + More
2017 (9) TMI 56 - SUPREME COURT OF INDIA
HRD Corporation (Marcus Oil And Chemical Division) Versus Gail (India) Limited (Formerly Gas Authority of India Ltd.)
Eligibility of arbitrator - persons who become ineligible to be appointed as arbitrators - Applicability of Sections 12 and 14 of the Arbitration and Conciliation Act, 1996 - Held that - Reading the heading which appears with Item 16, namely Relationship of the arbitrator to the dispute , it is obvious that the arbitrator has to have a previous involvement in the very dispute contained in the present arbitration. Admittedly, Justice Doabia has no....... + More
2017 (9) TMI 1 - SUPREME COURT OF INDIA
N. Harihara Krishnan Versus J. Thomas
Offence under Section 138 - sufficient cause for not filing the complaint against DAKSHIN within the period prescribed - Condonation of delay - sufficient cause of delay - cause of action for prosecution - Held that - Parliament declared under Section 142 that the provisions dealing with taking cognizance contained in the CrPC should give way to the procedure prescribed under Section 142. Hence the opening of non-obstante clause under Section 142....... + More
2017 (8) TMI 1256 - SUPREME COURT OF INDIA
G. Ravi Versus State of Karnataka & Anr.
Proceedings instituted against the appellant under Section 420 I.P.C., pending before the Judicial Magistrate First Class at Saundatti - Held that - Today, Mr. K.V. Vishwanathan, learned senior counsel, has handed over two demand drafts for the said sum of ₹ 3,50,000/- (Rupees Three Lakhs and Fifty Thousand), which has been duly acknowledged by the learned counsel appearing for Respondent No.2. - Since it is a matter essentially arising und....... + More
2017 (8) TMI 1196 - SUPREME COURT
Pradyuman Bisht Versus Union of India & Others
Cost of installation of CCTV cameras - proceedings in Court captured on the CCTV camera - Held that - We direct that this aspect may now be taken up by learned Additional Solicitor General with the concerned authorities so that an appropriate direction is issued by the concerned authority for installation of CCTV cameras in Tribunals in same manner as in Courts and an affidavit filed in this Court. - We find from the report that there is a varian....... + More
2017 (8) TMI 1195 - DELHI HIGH COURT
Mohammad Burhan Versus Directorate of Revenue Intelligence
Guilty for committing offenses punishable under Sections 21(c) and 29 of NDPS Act - proof of commission of offence - Held that - The sole testimony of the Investigating Officer - PW-10 (Jyothimon Dethan) is not enough to prove the case of the prosecution beyond reasonable doubt. The offences under the NDPS Act are punishable with stringent sentence and the prosecution is required to establish its case beyond reasonable doubt irrespective of the w....... + More
2017 (8) TMI 1169 - KERALA HIGH COURT
St. Marys Hotels Private Limited Versus The Commissioner of Excise Thiruvananthapuram And Deputy Excise Commissioner, Excise Division Office, Kottayam
Renewal of license - denial of renewal of license on the ground of location of liquor vend and also on the ground that licence is in the name of the 3rd additional respondent in Ext.P5 judgment viz., T.O. Abraham and there is no application submitted by the petitioners to change the licence in the name of he 2nd petitioner to the authority concerned - whether any manner of interference is warranted to Ext.P8 order passed by the 2nd respondent? - ....... + More
2017 (8) TMI 1109 - HIGH COURT OF ANDHRA PRADESH
C.S. Mukkoteswaran, Chittoor Dist & Another Versus prl. Secretary, revenue (Excise-II) Dept., Amaravathi & 3 OT
License for retail outlets - license fees - delayed payment - liquor shops - whether the appellants-writ petitioners were willing to pay the license fee for the period from 01.04.2017 to 30.06.2017 as, in such an event, they would stand on par with the other licensees of the four undisposed A-4 retail outlets who were granted licenses from 01.04.2017 and, at the same time, no loss would be caused to the public exchequer - Held that - the appellan....... + More
2017 (8) TMI 1078 - DELHI HIGH COURT
Veena Versus State & Another
Conviction under Section 138 of the Negotiable Instruments Act - legally enforceable debt - Held that - In a trial under Section 138 of the Negotiable Instruments Act, a presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability. No sooner the complainant discharges the burden to prove that the instrument was executed by the accused, the rules of pre....... + More
2017 (8) TMI 1077 - DELHI HIGH COURT
Sharwan Chaudhary Versus Ajay Ahlawat
Recovery with interest till the date of realization on the basis of a written agreement - Complaint case under section 138 Negotiable Instruments Act - Held that - The dispute herein being an independent dispute than was amongst directors of M/s SPL in CS (OS) No.1148/2008, would not absolve the defendant of his liability to repay the loan taken by him. If the intention of the parties in CS (OS) 1148/2008 was to absolve the directors of their per....... + More
2017 (8) TMI 1015 - SUPREME COURT OF INDIA
Girish Sangappa Jaggal Versus Union of India & ANR.
Recovery of dues - jurisdiction for initiating steps under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, since the Bank is a cooperative Bank - Held that - It is in the interest of both the sides to put an end to this litigation by extending an equitable treatment to the petitioner debtor. - Accordingly, this writ petition is disposed of directing Respondent No.2 to first proceed against....... + More
2017 (8) TMI 1014 - MADRAS HIGH COURT
R. Justin Deva Arul Dhas Versus A. Darwin
Cause of action arose as per Clause 8 of the Proviso to section 138 of Negotiable Instruments Act - period of limiatation - complaint was filed beyond the period of one month from the date on which the cause of action arose - Held that - In the present case, the issue is not relating to the retrospective application of the amendment. When the complaint was filed, it is true that the complainant can file a petition to condone the delay. Merely bec....... + More
2017 (8) TMI 1013 - MADRAS HIGH COURT
Sujatha Ramanathan Versus Ramya
Complaint maintainable under Section 138 of the NI Act - non issuance of statutory notice - Held that - In the case in hand, admittedly, there was a notice on 21.11.2007 and the said notice was received by the responsible sub-staff or assistant of the petitioner s house/family on 22.11.2007. Therefore, absolutely there is no ground to show that there was no notice statutorily issued by the respondent and as such, notice was not served on the accu....... + More
2017 (8) TMI 968 - DELHI HIGH COURT
Union of India Versus Vodafone Group PLC United Kingdom & Another
Permit the defendants to prosecute the foreign arbitration - Held that - This Court is of the prima facie opinion that as the claimants in the two arbitral proceedings form part of the same corporate group being run, governed and managed by the same set of shareholders, they cannot file two independent arbitral proceedings as that amounts to abuse of process of law. - This Court is further of the prima facie view that there is a risk of parallel ....... + More
