2017 (10) TMI 667 - SUPREME COURT OF INDIA
MS. Indira Jaising Versus Supreme Court of India Through Secretary General And Ors.
System of designation of Senior Advocates in the Supreme Court of India - whether system is flawed and the system needs to be rectified - Held that - We proceed to venture into the exercise and lay down the following norms/guidelines which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country. The norms/ guidelines, in existence, shall be suitably modified so as to be in ac....... + More
2017 (10) TMI 566 - SUPREME COURT OF INDIA
Himangni Enterprises Versus Kamaljeet Singh Ahluwalia
Arbitration and Conciliation proceedings - whether the two Courts below were justified in rejecting the application filed under Section 8 of the Arbitration and Conciliation Act, 1996 in a pending civil suit filed by the respondent seeking appellant s eviction from the premises in question and for claiming some ancillary reliefs therein - Held that - Both the Courts below were right in dismissing the appellant s application filed under Section 8 ....... + More
2017 (10) TMI 218 - SUPREME COURT OF INDIA
M/s. Meters And Instruments Private Limited & Anr. Versus Kanchan Mehta
Compounding the offence under Section 138 of NI Act 1881 - compounding on payment of the cheque amount and in the alternative for exemption from personal appearance - Held that - We hold that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Cr.P.C. As already observed, norm....... + More
2017 (10) TMI 145 - SUPREME COURT OF INDIA
Sri Chittaranjan Maity Versus Union of India
Arbitration proceedings - whether the Division Bench was justified in considering the arbitrability of the dispute for the first time in the appeal? - Held that - Intervention of the court is envisaged only in few circumstances like fraud or bias by the Arbitrators, violation of natural justice. The court cannot correct the errors of the Arbitrators. Division Bench was not justified while considering the arbitrability of the disputes for the firs....... + More
2017 (9) TMI 1533 - SUPREME COURT OF INDIA
Arjun Gopal and Ors. Versus Union of India and Ors.
Ban the use of fireworks, sparklers and minor explosives in any form, during festivals or otherwise - Fireworks and air pollution in 2016 - Held that - The health of the people in Delhi and in the NCR must take precedence over any commercial or other interest of the applicant or any of the permanent licensees and, therefore, a graded regulation is necessary which would eventually result in a prohibition. Taking all factors into consideration, we ....... + More
2017 (9) TMI 1445 - SUPREME COURT
Union of India Versus Niyazuddin SK & Another
Offences under Section 37 of the NDPS Act - bail application - HC 2014 (9) TMI 1126 - CALCUTTA HIGH COURT held that further detention of the accused/petitioners is not necessary and to be released on bail bond - Held that - The accusation in the present case is with regard to the fourth factor namely, commercial quantity. Be that as it may, once the Public Prosecutor opposes the application for bail to a person accused of the enumerated offences ....... + More
2017 (9) TMI 1302 - SUPREME COURT
Shayara Bano Versus Aafreen Rehman, Gulshan Parveen, Ishrat Jahan, Atiya Sabri Versus Union of India and others & In Re: Muslim Women’s Quest For Equality Versus Jamiat Ulma-I-Hind
Practiced modes of talaq amongst Muslims - talaq-e-biddat triple talaq - polygamy and halala - relevancy of Dissolution of Muslim Marriages Act, 1939 - Held that - The Holy Quran has attributed sanctity and permanence to matrimony. However, in extremely unavoidable situations, talaq is permissible. But an attempt for reconciliation and if it succeeds, then revocation are the Quranic essential steps before talaq attains finality. In triple talaq, ....... + More
2017 (9) TMI 1267 - SUPREME COURT OF INDIA
The State of Jharkhand And Ors. Versus M/s Hindustan Construction Co. Ltd.
Arbitration proceedings - eligibility of award - Held that - There is a difference of opinion in relation to entertainability of an application by this Court for making the award as Rule of the Court. The matter is, therefore, referred to larger bench for decision of the following question - Whether this Court can entertain an application for making the award as Rule of the Court, even if it retains seisin over arbitral proceedings? ....... + More
2017 (9) TMI 1266 - SUPREME COURT OF INDIA
M.D. Frozen Foods Exports Pvt. Ltd. & Ors. Versus Hero Fincorp Ltd.
Simultaneous proceedings of arbitration proceedings along with the SARFAESI proceedings - Whether resort can be had to Section 13 of the SARFAESI Act in respect of debts which have arisen out of a loan agreement/mortgage created prior to the application of the SARFAESI Act to the respondent? - lender invoking the SARFAESI Act provision where its notification as financial institution under Section 2(1)(m) has been issued after the account became a....... + 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 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 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 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 967 - SUPREME COURT
Tarun Tyagi Versus Central Bureau of Investigation
Violation of copyright - stealing the source code of a software known as Quick Recovery developed by the complainant s company - Offence under various provisions of the IPC, Information Technology Act as well as the Copyright Act - whether the approach of the courts below is correct in refusing to supply the hard disk and compact disk to the appellant herein? - Supply to the accused of copy of police report and other documents - Held that - The a....... + More
2017 (8) TMI 938 - SUPREME COURT
Justice K.S. Puttaswamy (Retd.) , And Another Versus Union of India And Others
Whether there is any fundamental right of privacy under the Indian Constitution - Held Yes. - Life and personal liberty are inalienable rights. These are rights which are inseparable from a dignified human existence. The dignity of the individual, equality between human beings and the quest for liberty are the foundational pillars of the Indian Constitution; - Life and personal liberty are not creations of the Constitution. These rights are recog....... + More
2017 (8) TMI 388 - SUPREME COURT
State through Central Bureau of Investigation Versus Dr. Anup Kumar Srivastava
Proof of accused as committed an offence - commencement of raid - satisfaction of the court in relation to the existence of constituents of an offence and the facts leading to that offence is a sine qua non for exercise of such jurisdiction - Held that - We have no doubt to hold that in Call No. 48, the respondent herein was not at all in picture and even in Call No. 51 he was talking to Hemant Gandhi but it is not proved that they were talking a....... + More
2017 (8) TMI 342 - SUPREME COURT OF INDIA
Reliance Telecom Ltd. & Anr. Versus Union of India & Anr.
Application for allocation of spectrums in various areas - auction - grant of interim relief which included extension of permission to the participants in the NIA to be bidded for minimum 4.4 MHz, IN 900 MHz band in the North East service area - Held that - The grievance raised by the petitioners do not survive as they have participated in the auction and have been successful in some of the areas and the question of alteration of bid condition do....... + More