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Indian Laws - Supreme Court - Case Laws
Showing 1 to 20 of 12198 Records
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2023 (11) TMI 814
Condonation of delay of around 479 days in presentation of the appeal - whether the first respondent had shown sufficient cause for which the appeal could not be presented within the prescribed period of limitation? - HELD THAT:- The High Court s decision to condone the delay on account of the first respondent s inability to present the appeal within time, does not suffer from any error warranting interference. STATE OF NAGALAND VERSUS LIPOK AO [ 2005 (4) TMI 321 - SUPREME COURT] arose out of an appeal where this Court condoned the State s delay of 57 days in applying for grant of leave to appeal before the high court against acquittal of certain accused persons. This Court observed that in cases where substantial justice and a technical approach were pitted against each other, a pragmatic approach should be taken with the former b....... + More
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2023 (11) TMI 606
Seeking compliance with the Memorandum of Understanding - exercise of power under Rule 1 of Order XL of the Code of Civil Procedure, 1908 - HELD THAT:- The order passed by the Civil Court in Bihar was appealable under Order XLIII of the CPC. Instead of availing the remedy of the appeal, the first respondent took the extraordinary step of invoking the jurisdiction of the Bombay High Court under Article 226 of the Constitution of India by specifically challenging the order of appointment of the Receiver passed by the Civil Court in Bihar - the first respondent ought not to have filed such a petition when a statutory remedy was available. Moreover, the High Court ought not to have entertained the Writ Petition. The jurisdiction of the High Court under Article 226 is no doubt very wide. But the propriety and judicial discipline required th....... + More
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2023 (11) TMI 461
Refund of amount being the fair charges for the consignments - Failure to deliver the export goods within stipulated time frame - Export Consignment through Air - direction for payment for compensation for loss of business and reputation - requirement to pay for value of the goods short delivered - payment for interest and well as cost of litigation - HELD THAT:- The NCDRC has not committed any illegality or perversity in recording the finding that there was delay in delivery of consignment. As a matter of fact, it is an admitted position that the consignment which was booked on 24.07.1996, was delivered after one and a half month i.e. from 03.09.1996 to 12.09.1996 - The NCDRC has rightly noted that the appellant has paid air freight which is ten times more than the sea freight only to ensure that the consignment reaches its destinatio....... + More
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2023 (11) TMI 406
Seeking appointment of an arbitrator for the adjudication of disputes - Section 11(6) of the Arbitration and Conciliation Act, 1996 - It is the case of the petitioner that instead of appropriately responding to the notice of arbitration, the respondent issued a letter dated 09.05.2022, terminating the Contract alleging non-compliance of work and nonfulfilment of the contractual obligation. Whether the dictum as laid down in ICOMM TELE LTD. VERSUS PUNJAB STATE WATER SUPPLY AND SEWERAGE BOARD AND ORS. [ 2019 (3) TMI 600 - SUPREME COURT] can be made applicabl e to the case in hand more particularly when Clause 55 of the General Conditions of Contract provides for a pre-deposit of 7% of the total claim for the purpose of invoking the arbitration clause? - Whether there is any direct conflict between the decisions of this Court in S....... + More
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2023 (10) TMI 1295
Seeking grant of Default bail - chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case or not? - filing of such a chargesheet without completing the investigation will extinguish the right of an accused for grant of default bail or not - remand of an accused can be continued by the trial court during the pendency of investigation beyond the stipulated time as prescribed by the CrPC - HELD THAT:- It pertinent to mention that in the present case, this Court is not dealing with the merits of the case and as such is not inclined to make any observations regarding the same. Every court, when invoked to exercise its powers, must be mindful of the relief sought, and must act as a forum confined to such relief. In the present case at hand, this Court is not a court of appeal, but a c....... + More
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2023 (10) TMI 1293
Murder - Scope of exception Under Section 84 of Indian Penal Code or not - issue of insanity - reversal of order of acquittal - HELD THAT:- The fact that the Appellant had committed murder of the deceased have been found established concurrently by the Trial Court as well as the High Court, therefore, we would discuss the evidence in this regard very briefly - Basing upon the evidence of PW-1 and PW-13 and the medical evidence adduced, it is fully proved that the Appellant-Accused had attacked the deceased with sharp-edged weapon causing his death. Issue of insanity - HELD THAT:- It is settled that the standard of proof to prove the lunacy or insanity is only 'reasonable doubt' - In Surendra Mishra v. State of Jharkhand [ 2011 (1) TMI 1586 - SUPREME COURT] , HARI SINGH GOND VERSUS STATE OF M.P. [ 2008 (8) TMI 1012 - SUPRE....... + More
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2023 (10) TMI 1211
Validity of sentence for murder - Murder of a person with criminal history / history-sheeter - Assaulting the deceased by lathis and tabbal - Inordinate delay in filing of the First Information Report (F.I.R.) - possibility of improvements thereby casting doubt on the version of the prosecution - testimonies of the witnesses of the prosecution being contradictory - accused persons present at the scene of the crime or not - plea of alibi. Inordinate delay in filing of the First Information Report (F.I.R.) - HELD THAT:- The document itself records the time of incident as being 8.15 a.m. and the time of report as being 11.00 a.m. The testimony of PW-3 at whose instance the FIR was recorded, shows that out of fear and having sustained numerous injuries, he ran from the place of occurrence and hid in the house of Baisakhu Kewat and o....... + More
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2023 (10) TMI 951
Dismissal of the appellant's claim for compensation relating to loss of profits - Setting aside of Arbitral Award to the extent it awarded loss of profit to the appellant - section 37 of the Arbitration and Conciliation Act, 1996 - High Court set aside the award - HELD THAT:- It is undeniably established that the appellant's claim for loss of profit stems from the delay attributed to the respondent in completing the project. It is further evident that the loss of profit sought in the present case is primarily based on the grounds that the appellant, having been retained longer than the period stipulated in the contract and its resources being blocked for execution of the work relatable to the contract in question, it could have taken up any other work order and earned profit elsewhere. The contentions advanced on behalf of t....... + More
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2023 (10) TMI 866
Smuggling - recovery of contraband - Charas - acquittal of accused - prosecution had failed to prove its case against the accused beyond a reasonable doubt - conviction for the offence under Section 20 of the NDPS Act - applicability of Section 50 of the NDPS Act. Whether the High Court committed any error in holding the appellant herein guilty of the offence punishable under Section 20 of the NDPS Act? HELD THAT:- The only idea with which have beenreferred to the various decisions of this Court starting with Balbir Singh [ 1994 (3) TMI 173 - SUPREME COURT] till DAYALU KASHYAP VERSUS THE STATE OF CHHATTISGARH [ 2022 (1) TMI 1400 - SUPREME COURT] is to highlight that Section 50 of the NDPS Act has been tried to be interpreted and understood in many ways. As noted earlier, in some of the decisions of this Court, the concept of ....... + More
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2023 (10) TMI 800
Levy of Advertisement Tax - sign boards displaying the name and products of the business establishment - violation of Article 19(1)(a) and 19(1)(g) of the Constitution of India - HELD THAT:- A perusal of Section 132(6)(1) of the Municipal Corporation Act, would indicate that a tax on advertisement other than the advertisement published in newspapers, can be imposed. Sub-section (1) of Section 133 of the Act provides that Corporation may, by a special meeting bring forward a resolution to propose imposition of any tax under Section 132 defining classes of persons or description of property proposed to be taxed, amount or rate of tax to be imposed and system of assessment to be adopted. By virtue of power vested under Section 427 of the Act, respondent Corporation has made the Municipal Corporation (advertisement) bye-laws, 1976 which ....... + More
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2023 (10) TMI 719
Assault - Triple-murder - acquittal of the accused - acquittal of accused. Whether any prejudice was caused to the appellant, as his appeal was heard in the absence of his advocate? - HELD THAT:- The High Court has, thus, committed illegality by deciding the appeal against the conviction preferred by the appellant without hearing the appellant or his advocate. After finding that the advocate appointed by the appellant was absent, the High Court ought to have appointed a lawyer to espouse his cause. In view of the wide powers conferred by Section 386 of Cr.PC, even an Appellate Court can exercise the power under Section 216 of altering or adding the charge. However, if the Appellate Court intends to do so, elementary principles of natural justice require the Appellate Court to put the accused to the notice of the charge proposed....... + More
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2023 (10) TMI 667
Smuggling - violation of the mandatory provisions of Section 52A (2) of the NDPS Act - procedure not followed in drawing the samples and seizing the alleged narcotic substance - HELD THAT:- It is an admitted position on record that the samples from the seized substance were drawn by the police in the presence of the gazetted officer and not in the presence of the Magistrate. There is no material on record to prove that the Magistrate had certified the inventory of the substance seized or of the list of samples so drawn. In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be....... + More
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2023 (10) TMI 487
Dishonour of Cheque - retirement from the partnership firm prior to the issuance of the cheque in question - vicarious liability under Section 141 (1) of the N.I. Act - HELD THAT:- In the light of the dictum laid down in Ashok Shewakramani s case [ 2023 (8) TMI 599 - SUPREME COURT ], it is evident that a vicarious liability would be attracted only when the ingredients of Section 141(1) of the NI Act, are satisfied. It would also reveal that merely because somebody is managing the affairs of the company, per se, he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company. A bare perusal of Section 141(1) of the NI Act, would reveal that only that person who, at the time the offence was committed, was in charge of and was responsib....... + More
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2023 (10) TMI 486
Conversion of foreign exchange rate of awarded sum money - Relevant date for conversion of the awarded sum from USD to Indian rupees - Whether the award contained any stipulation of making the payment in Indian currency? - HELD THAT:- The terms of the agreement are to be looked into for the purposes of deciding the question regarding the date of conversion. In the entire agreement, the relevant paragraphs dealing with the payments and advances and the payments of work in progress is laid down in paragraphs 31 and 32 and its sub-paragraphs. Paragraph 32.6 of the agreement states that payments against monthly account bills shall be made in Iraqi Dinars and US Dollars out of which 35 percent would be in Iraqi Dinars and 65 percent would be in US Dollars. Further, paragraph 32.8 defines the exchange rate for the purposes of conversion o....... + More
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2023 (10) TMI 418
Dishonour of Cheque - existence of a legally enforceable debt - discharge of initial onus of proving the essential facts underlying the offence under Section 138 of the NI Act - signature on the cheque was admitted by the accused - rebuttal of statutory presumption under Section 139 NI Act - Whether the accused can be said to have discharged his 'evidential burden', for the courts below to have concluded that the presumption of law supplied by Section 139 had been rebutted? HELD THAT:- The presumption under Section 139 was rebutted by putting questions to the appellant in his cross examination and explaining the incriminating circumstances found in the statement recorded under Section 313 of Cr.P.C. Section 139 of the NI Act, which takes the form of a shall presume clause is illustrative of a presumption of law. B....... + More
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2023 (10) TMI 156
Extension of time limit - Seeking directions to Union Bank of India (original Appellant) to issue Sale letter in favour of the Applicant - whether the extension of time sought by the Applicant in the successive applications was permissible in the eye of law? - whether the Applicant had in fact complied with the orders passed by the Court from time to time in the said applications? HELD THAT:- It is well settled proposition of law that when a statute requires a particular thing to be done in a particular manner, it must be done in that manner or not at all, and other methods of performance are necessarily forbidden. In the instant case, out of the total bid amount of Rs.65.62 Crores finalized on the date of auction sale i.e., 11.11.2019, the Applicant had deposited an amount of Rs.31,20,50,000/- (Rupees Thirty-One Crores Twenty L....... + More
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2023 (10) TMI 48
Right of the auction purchaser of the property - Right of the Defaulter of Loan / Borrowers to redeem the secured property - Exercise of writ jurisdiction under Article 226 of the constitution - alternative remedy available to the Borrowers had already been availed of - confirmation of sale by the Bank under Rule 9(2) of the Rules of 2002 invests the successful auction purchaser with a vested right or not - impact of the amended Section 13(8) of the SARFAESI Act on the Borrowers right of redemption in an auction conducted under the SARFAESI Act - withholding of sale certificate under Rule 9(6) of the Rules of 2002 and enter into a private arrangement with a borrower - applicability of equitable considerations to override the outcome contemplated by the statutory auction process prescribed by the SARFAESI Act - right of redemption of mo....... + More
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2023 (9) TMI 1364
Tenure of Judicial members of CESTAT - age of retirement would be 62 years or not - HELD THAT:- It would be wholly unjust to allow the tenures of the four judicial members to lapse between 18 April, 2023 and 9 May, 2023. Though some of them have applied for selection in pursuance of the limited vacancy circular, this cannot deprive them of the right to assert that they are entitled to continue until the age of 62 years particularly in view of the order of this Court dated 21 August, 2018. It is directed that the four Judicial Members, whose names are set out in the tabulated statement in the order dated 3 March, 2023, shall continue to remain in service pending final disposal of the Writ Petition. The Writ Petition shall be listed for hearing and final disposal on 11 July, 2023.
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2023 (9) TMI 1275
Execution of the Will in favour of the Plaintiffs - Will being a forged document or not? - whether there are sufficient grounds that warrant interference with the concurrent findings of the fact, upholding validity of a Will? - Second marriage and bigamy - HELD THAT:- A Will is an instrument of testamentary disposition of property. It is a legally acknowledged mode of bequeathing a testator s property during his lifetime to be acted upon on his/her death and carries with it an element of sanctity. It speaks from the death of the testator. Since the testator/testatrix, at the time of testing the document for its validity, would not be available for deposing as to the circumstances in which the Will came to be executed, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulati....... + More
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2023 (9) TMI 1186
Validity of Arbitral Award - High Court had set aside the arbitration award - inordinate delay that had occurred by not taking proper and timely action in removal of various impediments and obstacles that stood in the way of completing the project within the stipulated period of 18 months - computation and award of 10% of the contract value towards loss of overheads and another 10% towards loss of profits/profitability - HELD THAT:- Ordinarily, when the completion of a contract is delayed and the contractor claims that s/he has suffered a loss arising from depletion of her/his income from the job and hence turnover of her/his business, and also for the overheads in the form of workforce expenses which could have been deployed in other contracts, the claims to bear any persuasion before the arbitrator or a court of law, the builder/cont....... + More
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