Law	-- All -- GST Income Tax Customs Corporate Laws Securities / SEBI Insolvency & Bankruptcy FEMA PMLA Service Tax Central Excise CST, VAT & Sales Tax Wealth tax Indian Laws
Court	-- Any -- Supreme Court SC Orders / Highlights High Court Tribunal Appellate authority for Advance Ruling Advance Ruling Authority ANTI-PROFITEERING AUTHORITY Commission Central Government Board DISTRICT/ SESSIONS Court Commissioner Other
Citation	--Year-- 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 Upto 1949 - -Volume- 1 2 3 4 5 6 7 8 9 10 11 12
Landmark	Nil - N/A Referred in >= 3 Cases Referred in >= 4 Cases Referred in >= 5 Cases Referred in >= 10 Cases Referred in >= 15 Cases Referred in >= 25 Cases Referred in >= 50 Cases Referred in >= 100 Cases
Order by	TMI Citation Date of Decision

Advanced Search Options

Indian Laws - Supreme Court - Case Laws

Showing 1 to 20 of 8750 Records

More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote & Decision etc.

• 2019 (9) TMI 570
  
  Grant of Bail - commission of fraud punishable under Section 447 of the Companies Act, 2013 - siphoning off of funds - fraudulent availment of CENVAT Credit - FY 2009-10 to FY 2016-17 - HELD THAT:- It must be noted that even as per Section 212(7) of the Companies Act, the limitation under Section 212(6) with respect to grant of bail is in addition to those already provided in the Cr.P.C. Thus, it is necessary to advert to the principles governing the grant of bail under Section 439 of the Cr.P.C. Specifically, heed must be paid to the stringent view taken by this Court towards grant of bail with respect of economic offences. The High Court in the impugned order has failed to apply even these general principles. The High Court, after referring to certain portions of the complaint to ascertain the alleged role of Respondent No. 1, came to t....... + More

---

• 2019 (9) TMI 569
  
  Stay on execution of order passed under Section 14 of SARFAESI Act, 2002 - possession of the property/secured asset - failure to make due repayment of credit facilities - NPA - HELD THAT:- The interplay between the SARFAESI Act and the right of the tenant was first examined by this Court in Harshad Govardhan Case [ 2015 (11) TMI 1315 - SUPREME COURT ]. It may be noted that the present appellant was a party to the aforesaid proceedings. This Court was confronted with the question as to whether the provisions of the SARFAESI Act affect the right of a lessee to remain in possession of the secured asset during the period of the lease. After noticing the scheme of the Act, this Court held that if the lawful possession of the secured asset is not with the borrower, but with a lessee under a valid lease, the secured creditor cannot take possessi....... + More

---

• 2019 (9) TMI 520
  
  Uber’s discount and incentive policy - Abuse of Dominant Position - Infringement of Section 4 of the Competition Act, 2002 - HELD THAT:- ‘Dominant position’ as defined in Explanation (a) refers to a position of strength, enjoyed by an enterprise, in the relevant market, which, in this case is the National Capital Region (NCR), which: (1) enables it to operate independently of the competitive forces prevailing; or (2) is something that would affect its competitors or the relevant market in its favour. Given the allegation made, it is clear that if, in fact, a loss is made for trips made, Explanation (a)(ii) would prima facie be attracted inasmuch as this would certainly affect the appellant’s competitors in the appellant’s favour or the relevant market in its favour. Insofar as ‘abuse’ of dominant ....... + More

---

• 2019 (9) TMI 321
  
  Reference of dispute between the parties to the Arbitrator - scope of the terms of the agreement - Section 8 of the Arbitration and Conciliation Act, 1996 - application filed under Section 23 of the Societies Registration Act to Arbitration - HELD THAT:- Clause 19 shall be applicable in the event of any dispute and difference arising among the parties out of, in connection with or relating to the agreement - In the present case, the developers, owners, societies and the original owners and even subsequent societies formed are parties to the agreement and the Addendum. It is also required to be noted and, as observed hereinabove, the dispute is with respect to sharing of the rent of the leased space and it can be said that the respondents are also claiming the share relying upon the Development Agreements; Supplementary Development Agreeme....... + More

---

• 2019 (9) TMI 169
  
  Appointment of an arbitrator for adjudication of the disputes between the common appellant and the respondent - Section 11(6) of the Arbitration and Conciliation Act, 1996 - whether the Arbitration Applications, on the facts of this case, are barred by limitation? HELD THAT:- Since notice was served to the respondent in 2002, the provisions of the 1996 Act will be deemed to apply to the present Arbitration Applications filed by the appellant. However, it remains to be examined separately whether the aforesaid Applications have been filed within the statutory limitation period - Section 43(1) and (3) of the 1996 Act is in pari materia with Section 37(1) and (4) of the 1940 Act. It is well settled that by virtue of Article 137 of the First Schedule to the Limitation Act, 1963 the limitation period for reference of a dispute to arbitration o....... + More

---

• 2019 (8) TMI 1308
  
  Extension of time for completion of the arbitration proceedings - beyond four months period from the date of first preliminary meeting - deemed Waiver of right to the extension of time - appellants have participated in the arbitral proceedings - HELD THAT:- It is clear from the bare reading of subsection 1(a) of Section 14 that mandate of an arbitrator shall terminate if it fails to act without undue delay. In the present case, the first preliminary meeting was held on 4th May, 2007 and the Arbitrator in terms of the agreement was supposed to conclude and pass the award within a period of four months which indisputedly stood expired on 4th September, 2007 and in the meantime the appellants recorded their objection of not consenting for extension of time beyond 4th September, 2007 and thus, it can be construed that parties were not in agre....... + More

---

• 2019 (8) TMI 1227
  
  Maintainability of application - whether the application under Section 11 of the Arbitration and Conciliation Act, 1996 is maintainable in view of Section 3G(5) of the National Highways Act, 1956 which provides for appointment of an Arbitrator by the Central Government? - HELD THAT: In view of the power being vested exclusively with the Central Government to appoint an Arbitrator under Section 3G(5) of the Act 1956, being a special enactment, the application filed under Section 11(6) of the Act 1996 for appointment of an Arbitrator was not maintainable and provisions of the Act, 1996 could not be invoked for the purpose. As the litigation has consumed a sufficient long time, we consider it appropriate to further observe that the Arbitrator so appointed by the Central Government may adjudicate and decide the dispute within a reasonable time but in no case later than six months after the respondent applicant record its presence in the proceedings. Appeal allowed.

---

• 2019 (8) TMI 1111
  
  Scope and validity of opinion of the Advisory Board - Continued detention of detenue - Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - nature of power exercised by the Advisory Board when an opinion is given by it pursuant to a reference made to it under Section 8(b) of the COFEPOSA Act - On 22.07.2019 the Advisory Board found that there was no sufficient cause for the continued detention of the respondent detenu and rendered its Opinion. HELD THAT:- It is well settled that wherever a body is exercising judicial/quasi judicial power and is a tribunal within the meaning of the expressions in Article 136 and 227 of the Constitution, the decisions so rendered are amenable to challenge. According to various decisions the nature of opinion given by the Advisory Board is neither judicial nor ....... + More

---

• 2019 (8) TMI 1090
  
  Appointment of Arbitrator - Jurisdiction of Civil Court to decide the appointment of arbitrator, is null and void - acceptance of bid - conclusion of the contract - binding contract or not. HELD THAT:- any objection with respect to existence or validity of the arbitration agreement, can be raised only by way of an application under Section 16 of the Act and Civil Court cannot have jurisdiction to go into such question. If the first respondent wants to raise an objection with regard to existence or validity of the arbitration agreement, it is open for the first respondent to move an application before the arbitrator, but with such plea, he cannot maintain a suit for declaration and injunction. Though the Trial Court rightly rejected the interim injunction sought for by the first respondent, the same is erroneously reversed by the learned A....... + More

---

• 2019 (8) TMI 905
  
  Dishonor of Cheque - acquittal of the respondent-accused - existence of debt or not - issuance of cheque in discharge of debt or not - Section 138 of the Negotiable Instruments Act - whether the courts below were right in acquitting the respondent-accused by holding that the appellant-complainant has failed to prove that the respondent owed him debt and that the cheques were issued for the discharge of the said debt? HELD THAT:- Under Section 138 of the Negotiable Instruments Act, once the cheque is issued by the drawer, a presumption under Section 139 of the Negotiable Instruments Act in favour of the holder would be attracted. Section 139 creates a statutory presumption that a cheque received in the nature referred to under Section 138 of the Negotiable Instruments Act is for the discharge in whole or in part of any debt or other liabil....... + More

---

• 2019 (8) TMI 904
  
  Sale of the subject property - Conduct of public auction - declaration of highest bidder - default in repayment of loan - Non-performing assets - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. HELD THAT:- The matter proceeded before the High Court for setting aside the entire auction process on the premise that the sale certificate was yet to be registered in favour of the highest bidder (respondent No.3); and the appellants had made (unsuccessful) attempts to exercise their right of redemption by offering the outstanding dues to the respondent bank. It was argued by the appellants that only upon registration of the sale certificate, the right of the borrower to redeem the mortgage would get extinguished and obliterated. There has been a paradigm shift in the rights of the parties upo....... + More

---

• 2019 (8) TMI 903
  
  Withdrawal of the Deposit of a sum, which was deposited to prove bonafides when revised order was made - deposit was not towards satisfaction of the debt in question - refund of the same is sought for - loan taken by Consortium Bank could not be repaid as the appellant was declared Non-Performing Asset (NPA) - HELD THAT:- In the present case the deposit of ₹ 40 crores in terms of the order of the High Court on 11.10.2017 was only to show the bona fides of the appellants when a revised offer was made by them. The deposit was not towards satisfaction of the debt in question and that is precisely why the High Court had directed that the deposit would be treated to be a deposit in the Registry of the High Court. In the case of AXIS BANK VERSUS SBS ORGANICS PRIVATE LIMITED AND ANOTHER [2016 (4) TMI 917 - SUPREME COURT] the questions that....... + More

---

• 2019 (8) TMI 865
  
  Confiscation of vehicle - illicit liquor - bore country made pistol - bore live cartridges - power on the authorised officers of the Excise Department and the competent Police Officers to investigate into the offences punishable under the Act - Sections 60 and 72 of the United Provinces Excise Act, 1910 - Section 5 of the Criminal Procedure Code, 1973 - HELD THAT:- The confiscation of a vehicle found in illicit transportation of the liquor is an offence which can be investigated by an Excise Officer as well as by a Police Officer. But the exclusive power of confiscation is vested with the Collector in terms of sub-section (2) of Section 72 of the Act. The sale proceeds of seized things or Animal which are subject to speedy wear and tear or natural decay, if sold, are required to be paid to the person found entitled thereto in terms of sub....... + More

---

• 2019 (8) TMI 864
  
  Maintainability of suit - Jurisdiction - civil suit filed before the High Court of Delhi - demand for payment of property tax - Whether a civil suit is maintainable in disputes pertaining to payment of tax under the Delhi Municipal Corporation Act, 1957? HELD THAT:- Section 9 of the Code of Civil Procedure, 1908 confers jurisdiction on the Civil Courts to try all suits, excepting those which are either expressly or impliedly barred. Chapter VIII of the Act deals with levy of taxes that can be imposed by the Corporation. Property tax is dealt with in Sections 114 to Section 135 of the Act - There is an inherent right to approach a civil court. The bar on a civil court’s jurisdiction is not to be readily or lightly inferred. The jurisdiction of civil courts can be excluded by an express provision of law or a clear intendment in such l....... + More

---

• 2019 (8) TMI 576
  
  Arbitration agreement - group company - binding of the agreement on the subsidiary company - draft tripartite agreement forwarded by Canara Bank wherein MTNL and CANFINA were both made parties - availability of remedy to file an application under Section 16 of the Arbitration and Conciliation Act, 1996 - HELD THAT:- A non-signatory can be bound by an arbitration agreement on the basis of the “Group of Companies” doctrine, where the conduct of the parties evidences a clear intention of the parties to bind both the signatory as well as the non-signatory parties. The present case is one of implied or tacit consent by Respondent No. 2 - CANFINA to being impleaded in the arbitral proceedings, which is evident from the conduct of the parties. We find that Respondent No. 2 - CANFINA has throughout participated in the proceedings befo....... + More

---

• 2019 (8) TMI 477
  
  Arbitral Award - dispute between the parties with respect to the rate of payment for additional work under the agreement - HELD THAT:- The Act of 1996 has come into force with effect from 22.08.1996. Section 85 of the Act of 1996 expressly repeals the provisions of the Arbitration Act, 1940. Thus, the Act of 1996 would be applicable to all arbitral proceedings which have commenced on or after the said Act came into force. Para 7A of Section 24 of the U.P. Amendment Act was an amendment to the First Schedule of Arbitration Act, 1940. This amendment was introduced by the U.P. Act No. 57 of 1976. The provisions of the Arbitration Act, 1940 including the State amendment will have no application to the proceedings commenced after coming into force of the Act of 1996. Section 31(7)(b) of the Act of 1996, before its amendment by Act 3 of 2016, w....... + More

---

• 2019 (8) TMI 119
  
  Maintainability of suit - possession of property - cancellation of sale deed - Whether the suit filed by the first respondent-plaintiff for cancellation of the sale deed dated 15.06.2006 against the appellant-second defendant and second respondent-first defendant, and for injunction restraining them from interfering with its possession of the property was maintainable? HELD THAT:- In the instant case, the plaintiff has pleaded that it had purchased the disputed property under five sale deeds all dated 17.10.1998 from the first defendant. The suit was filed for cancellation of the sale deed dated 15.06.2006 on the ground of fraud and misrepresentation. The plaintiff had not sought any relief with respect to its own right and title as a tenure holder or declaration of its title or status - the only relief sought in the suit filed was for ca....... + More

---

• 2019 (8) TMI 91
  
  Dishonor of Cheque - insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - grant of interim compensation but percentage reduced - Whether Section 143A of the Act is retrospective in operation or prospective - HELD THAT:- In case an accused, against whom an order to pay interim compensation under Section 143A of the Act is passed, fails or is unable to pay the amount of interim compensation, the process under Section 421 can be taken resort to which may inter alia result in coercive action of recovery of the amount of interim compensation as if the amount represented the arrears of land revenue. The extent and rigor of the procedure prescribed for such recovery may vary from State to State but invariably, such procedure may visit the person concerned with coercive methods - In the present case, the Complaint was lo....... + More

---

• 2019 (8) TMI 2
  
  Smuggling - Opium - contraband item - noncompliance with Section 50 of the NDPS Act - HELD THAT:- Though the Laboratory Report was obtained, but the identity of the sample stated to have been seized from the appellant was not conclusively established by the prosecution - The failure of the prosecution in the present case to relate the seized sample with that seized from the appellant makes the case no different from failure to produce the seized sample itself. In the circumstances the mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof by itself. The sample seized and that tested have to be corelated. The conviction of the appellant cannot be upheld - appeal allowed.

---

• 2019 (7) TMI 1455
  
  Maintainability of application - second application for the same relief, which had already been dismissed - Dishonor of Cheque - HELD THAT:- The Company, of which the appellant was a Director, is a party respondent in the complaint. The interests of the complainant are therefore adequately protected. In the entirety of the facts and circumstances of the case, we are unable to hold that the second application for quashing of the complaint was not maintainable merely because of the dismissal of the earlier application. Appeal allowed - the proceedings against the appellant alone are quashed.

---