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Indian Laws - Supreme Court - Case Laws
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- 2019 (11) TMI 895
Right to information - disclosure of information - infringement of constitutional status of the judges - how transparent is transparent enough. WHETHER THE SUPREME COURT OF INDIA AND THE CHIEF JUSTICE OF INDIA ARE TWO SEPARATE PUBLIC AUTHORITIES? - HELD THAT:- Article 124 of the Constitution, which relates to the establishment and constitution of the Supreme Court of India, states that there shall be a Supreme Court of India consisting of a Chief Justice and other judges. It is undebatable that the Supreme Court of India is a ‘public authority’, as defined vide clause (h) to Section 2 of the RTI Act as it has been established and constituted by or under the Constitution of India. The Chief Justice of India as per sub-clause (ii) in clause (e) to Section 2 is the competent authority in the case of the Supreme Court. Consequentl....... + More
- 2019 (11) TMI 717
Arbitration Petition - appointment as a sole arbitrator - Section 11(6) of the Arbitration and Conciliation Act, 1996 - whether on the date of presentation of Arbitration Petition, purportedly by SDJV through SSPPL on 15.12.2016, the arbitration agreement posited in Contract Agreement dated 09.03.2006 was in existence or subsisting and in force? - HELD THAT:- In the present case, however, in due course, because of fortuitous situation, the parties had to agree to amend certain terms and conditions of the Contract Agreement and to provide for revised contract rates. That was done after due negotiations, as is evinced from the correspondence exchanged between SDJV and WAPCOSL vide letters dated 15.09.2011 and 17.09.2012 and the recitals of the AoA itself. Finally, the parties (SDJV and WAPCOSL in particular) executed a formal Amendment of A....... + More
- 2019 (11) TMI 716
Constitutional spirit of judicial independence - appointments to the Debt Recovery Tribunals - constitutionality of the Finance Act, 2017 - satisfaction of test of a ‘money bill’ under Article 110 of the Constitution. - Competence of selection committee - validity of section 184 of the Finance Act, 2017 Held That:- RANJAN GOGOI, CJI (i) The issue and question of Money Bill, as defined under Article 110(1) of the Constitution, and certification accorded by the Speaker of the Lok Sabha in respect of Part-XIV of the Finance Act, 2017 is referred to a larger Bench. (ii) Section 184 of the Finance Act, 2017 does not suffer from excessive delegation of legislative functions as there are adequate principles to guide framing of delegated legislation, which would include the binding dictums of this Court. (iii) The Tribunal, Appellate ....... + More
- 2019 (11) TMI 663
Appointment of an independent arbitrator for adjudication of disputes between the parties, instead of directing appointment of arbitrator as per Clause 64 of General Conditions of Contract (GCC) which stipulates that Railways’ Officers should be appointed as Arbitrator - HELD THAT:- Admittedly, the request for referring the dispute was made much prior to the Amendment Act, 2015 which came into force w.e.f. 23.10.2015. Since the request for appointment of arbitrator was made much prior to the Amendment Act, 2015 (w.e.f. 23.10.2015), the provision of the Amended Act, 2015 shall not apply to the arbitral proceedings in terms of Section 21 of the Act unless the parties otherwise agree. As rightly pointed out by the learned counsel for the appellant, the request by the respondent(s)- contractors is to be examined in accordance with the P....... + More
- 2019 (11) TMI 662
Rejection of Arbitration application - Section 11(6) of the Arbitration and Conciliation Act, 1996 - The insurer’s objection about maintainability of the application on the ground that the respondent (Dicitex) had signed the discharge voucher and accepted the amount offered, thus, signifying accord and satisfaction, which in turn meant that there was no arbitrable dispute, was rejected - main theme of the appellant’s argument in this case is that Dicitex could not have invoked the arbitration clause, since it had fully and finally accepted the amount offered (i.e..) and withdrawn its protests and reservations, by the letter dated 06.06.2014. HELD THAT:- A close look at the facts in the present case would show that though the pleadings in the initial application under Section 11(6) are weak, nevertheless, the materials on the r....... + More
- 2019 (11) TMI 550
Dishonor of Cheque - section 138 of Negotiable Instruments Act - cheque cannot be drawn towards discharge of whole or in part of any debt, due to short cheque amount than the dues existing - presumption as to negotiable instruments - Section 118(a) and Section 139 of the Act - HELD THAT:- The respondent has not rebutted the presumption of consideration in issuing the cheque on 2.10.2011 - Once the agent of the respondent has admitted the settlement of due amount and in absence of any other evidence the Trial Court or the High Court could not dismiss the complaint only on account of discrepancies in the determination of the amount due or oral evidence in the amount due when the written document crystalizes the amount due for which the cheque was issued. The accused has failed to lead any evidence to rebut the statutory presumption, a findi....... + More
- 2019 (11) TMI 417
Reference of matter to arbitrator - Levy of Liquidated damages - Interpretation of terms of contract - Clause 2 of the contract regarding liquidated damages/compensation levied by the Superintending Engineer - price escalation clause - Whether the levy of pre-estimated liquidated damages and reasonable compensation by the Superintending Engineer in terms of Clause 2 of the contract between the parties is “arbitrable”? - Whether the respondent-ONGC is right in contending that the levy of liquidated damages in terms of Clause 2 of the contract is final and an “excepted matter” not falling within the jurisdiction of the Arbitrator and whether the learned Arbitrator has travelled beyond the terms of the contract? HELD THAT:- A reading of Clause 2 makes it clear that the Superintending Engineer has been conferred with n....... + More
- 2019 (11) TMI 372
Appointment of an arbitrator - illegal detention of container - termination of contract - Section 34 of the Arbitration and Conciliation Act - HELD THAT:- The learned Arbitrator and the Courts below have recorded the concurrent findings that the appellant Contractor has failed in carrying out the work as per the terms and conditions of the contract and the learned Arbitrator has rightly allowed the detention and forfeiture of the equipments of the contractor and disallowed the counter claim No.4 of the appellant. Similarly, the counter claim No.5 which was for the damages for the alleged detention and use of hand trolleys has been rejected and thus, the counter claim Nos.4 and 5 have been rightly disallowed by the learned Arbitrator. There are no reason warranting interference with the award passed by the Arbitrator and the impugned judgment and this appeal is liable to be dismissed. Appeal dismissed.
- 2019 (11) TMI 371
Appointment of an Arbitrator on behalf of Respondent No. 1, Doordarshan, in an international commercial arbitration - Section 11 of the Arbitration & Conciliation Act, 1996 - HELD THAT:- Disputes arose between the parties, which led to the invocation of the arbitration clause on 14.01.2019 by the Petitioner - Company. The Petitioner - Company nominated its arbitrator on 28.02.2019 in terms of the agreement. However, Respondent No. 1 - Doordarshan failed to nominate an arbitrator. Consequently, the Petitioner - Company has filed the present Application under Section 11 of the Arbitration & Conciliation Act, 1996 seeking appointment of an Arbitrator by the Court on behalf of Respondent No. 1 - Doordarshan. Even though the arbitration agreement provides for a Three member arbitral tribunal, the Counsel for all the parties at the time....... + More
- 2019 (11) TMI 349
Jurisdiction to handle Road traffic offences - Whether the Gauhati High Court was justified in issuing directions that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act, 1988 (MV Act), and in holding that in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code,1860 (IPC) is without sanction of law, and recourse to the provisions of the IPC would be unsustainable in law? HELD THAT:- There is no conflict between the provisions of the IPC and the MV Act. Both the statutes operate in entirely different spheres. The offences provided under both the statutes are separate and distinct from each other. The penal consequences provided under both the statutes are also independent and distinct from each other - The ingredients of offences under the both sta....... + More
- 2019 (11) TMI 168
Interpretation of statute - definition of gross revenue as defined in clause 19.1 of the licence agreement granted by the Government of India to the Telecom Service Providers - shifting of 'revenue sharing regime' - benefit of migration package - It was a case of the telecom operators that the department was supposed to determine the quantum based on the recommendations of the TRAI. According to the telecom operators, the department had illegally included various elements of income in the definition of the term “AGR” which do not accrue from the operations under the license viz., dividend income, interest income on short term investment, discounts on calls, revenues from other activities separately licensed, reimbursements under the Universal Service Fund (USF) etc. HELD THAT:- It cannot be said that DOT has taken inco....... + More
- 2019 (11) TMI 167
Termination of liquidation proceedings - Recovery of dues - time limitation - whether under the provisions of Section 109 of the Maharashtra Cooperative Societies Act, 1960 on expiry of the period fixed for liquidation, the proceedings for recovery of dues instituted/pending as against the members, shall stand closed? HELD THAT:- The winding up of the Society has been ordered and liquidator has been appointed as the Society has utterly failed to achieve its avowed objectives in disbursement of loans to proper persons and in its recovery. No doubt about it that the liquidation of the Society has come to an end after a particular period of time as fixed under section 109. However, on lapse of time as fixed under sub-section (1) of section 109 of the Act, proceedings have to be terminated by the Registrar on receipt of final report from the ....... + More
- 2019 (11) TMI 1
Privity of contract - Whether the decree obtained by the predecessor of the appellants, can be executed against the appellants or not? HELD THAT:- In the case on hand, as much as there were only two partners, the partnership itself stand dissolved, in view of death of a partner - It is true that as per the deed of partnership, the partners have agreed, in the event of death of either party, their respective legal representatives shall automatically become partners in the partnership firm and they shall continue to act as partners of the firm, till the venture envisaged under said partnership is completed and such legal representatives who become partners shall have the same rights and shall be subject to same liabilities and responsibilities, as the deceased partner. The executable decree depend on the rights litigated by the parties. In ....... + More
- 2019 (10) TMI 1095
Suit for specific performance of an agreement of sale - plea of estoppel - share in the property - Time limitation - HELD THAT:- It is clear that there was no possibility of erroneous beliefs in the mind of the plaintiffs as to title position in the property. No doubt about it that defendant No.1 has acted as a power of attorney, but at the same time, did not act in his capacity as the owner of the property. The ownership of K.B. Ramchandra Raj Urs was known to the plaintiffs. In spite of that the plaintiffs have not set up the case to bind the share of K.B. Ramchandra Raj Urs. They have not pleaded in the plaint that K.B Ramchandra Raj Urs owned the property. There is no whisper as to the title of K.B. Ramchandra Raj Urs in the plaint. They needed to plead the facts to attract the plea of estoppel. That has not been done. Thus, the agree....... + More
- 2019 (10) TMI 1029
Jurisdiction of arbitrator to consider the counter claim relating to CENVAT credit - dispute arose between the parties when the appellant raised a claim for interest for the delayed payments of the fuel supplied during the period from 01.04.2009 to 31.03.2011. Whether the counter claim regarding CENVAT invoices was beyond the scope of reference to arbitration? - whether the High Court was right in holding that the learned Arbitrator had jurisdiction to consider the counter claim regarding CENVAT invoices raised by the respondent? HELD THAT:- The respondent did not make any claim of CENVAT invoices and only for the first time on 05.05.2010 that is after the commencement of the arbitration proceeding, the respondent called upon the claimant to issue CENVAT invoices. According to the appellant, as per the terms of the agreement, the appellan....... + More
- 2019 (10) TMI 879
Refuse to grant bail - Section 120B IPC read with Section 420 IPC, Section 8 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the INX Media for receiving foreign investment to the tune of ₹ 305 crores against approved inflow of ₹ 4.62 crores. When other factors i.e. “flight risk” and “tampering with evidence” are held in favour of the appellant, whether the High Court was justified in declining regular bail to the appellant on the apprehension that there is possibility that the appellant might influence the witnesses? HELD THAT:- The jurisdiction to grant bail has to be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each cas....... + More
- 2019 (10) TMI 767
Dishonor of Cheque - HC quashed the complaint - offences under Sections 417, 418, 420, 422 and 120(B) read with Section 34 of IPC - HELD THAT:- It is fairly well settled that power under Section 482 Cr.P.C. is to be exercised sparingly when the case is not made out for the offences alleged on the reading of the complaint itself or in cases where such complaint is filed by way of abuse of the process. Whether any Schedules were appended to the agreement or not, a finding is required to be recorded after full fledged trial. Further, as the contract is for the purpose of procuring the land, as such the same is of civil nature, as held by the High Court, is also no ground for quashing. Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side f....... + More
- 2019 (10) TMI 674
Termination of contract - non-performance of the contract - It was the specific case on behalf of the original claimants that the termination was absolutely illegal and not being in according with the terms of the contract - HELD THAT:- On appreciation of evidence and considering the various clauses of the contract, the learned Arbitral Tribunal has observed and held by giving cogent reasons that the termination of the contract was illegal and contrary to the terms of the contract and without following due procedure as required under the relevant clauses of the contract. The said finding of fact recorded by the learned Arbitral Tribunal is on appreciation of evidence. The said finding of fact has been confirmed in the proceedings under Sections 34 and 37 of the Arbitration Act. Thus, there are concurrent findings of fact recorded by the l....... + More
- 2019 (10) TMI 673
Sealing of premises - Whether the Respondent is entitled to refund of the licence fee and the differential amount for the period during which the unit was sealed? - HELD THAT:- The Respondent is entitled for refund of licence fee and the differential amount. The High Court failed to notice that there is no prior adjudication in favour of the Respondent and the Respondent was given an opportunity to show cause as to why the premises should not be sealed. After considering the explanation submitted by the Respondent, the penalty was imposed on the Respondent and due to the failure of the payment of the amount of penalty, the premises were sealed. Appeal disposed off.
- 2019 (9) TMI 1281
Seizure and recovery of Contraband - poppy straw - Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - only two samples packets and one bag of poppy straw weighing 2.5 kg were produced and exhibited while the entire contraband material was not produced and exhibited. Whether the cases relied upon by the High Court state in unequivocal terms that in case of failure to produce the contraband material before the Court, the case of the prosecution is required to be discarded or not? HELD THAT:- Reliance placed in the case of JITENDRA & ANR. VERSUS STATE OF MP. [2003 (9) TMI 709 - SUPREME COURT] relying on which the benefit of doubt was given and the accused was acquitted. The evidence of PW15 Surender Singh shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Ou....... + More
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