2018 (3) TMI 932 - SUPREME COURT OF INDIA
ITC Limited Versus Blue Coast Hotels Ltd. & Ors.
Right of secured creditor - default in the repayment of the outstanding amount - agriculture property - right of creditor after Public Auction and sale of property - right to transfer the property in favor of auction purchaser instead of taking the physical possession first - whether the Parliament intended for a total invalidity to result from the failure to reply and give reasons for the non-acceptance of the borrower s representation - whether....... + More
2018 (3) TMI 867 - SUPREME COURT
Danamma @ Suman Surpur & Another Versus Amar & Others
Partition of Hindu Joint Family (HUF) - Right of Daughters as Coparceners in the Joint Family - case against the appellants were that appellants herein were not the coparceners in the said joint family as they were born prior to the enactment of Hindu Succession Act, 1956. It was also pleaded that they were married daughters and at the time of their marriage they had received gold and money and had, hence, relinquished their share - appellants he....... + More
2018 (3) TMI 812 - SUPREME COURT OF INDIA
Board of Control For Cricket In India Versus Kochi Cricket Pvt. Ltd. And Etc.
Interpretation of statute - Enforcement of award - Where arbitration proceedings have been initiated before amendment to Section 36,whether Section 36, which was substituted by the Amendment Act, would apply in its amended form or in its original form to the appeals in question? - construction of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 - Held that - If the first part of Section 26 were couched in positive language (li....... + More
2018 (3) TMI 716 - SUPREME COURT OF INDIA
Bar Council of India Versus A.K. Balaji And Ors.
Whether foreign law firms/lawyers are permitted to practice in India? - Whether the expression practise the profession of law includes only litigation practice or non-litigation practice also? - Held that - In Pravin C. Shah versus K.A. Mohd. Ali 2001 (10) TMI 1049 - SUPREME COURT OF INDIA , it was observed that right to practice is genus of which right to appear and conduct cases is specie - Ethics of the legal profession apply not only when an ....... + More
2018 (3) TMI 643 - SUPREME COURT OF INDIA
Kudrat Sandhu Versus Union of India And ANR.
Selection process - selection of Chairpersons and the Judicial/Administrative/Technical/Expert Members for all tribunals - Held that - All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Acts and the Rules - all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees ....... + More
2018 (3) TMI 358 - SUPREME COURT OF INDIA
The Chairman, Board of Trustees Cochin Port Trust Versus M/s Arebee Star Maritime Agencies Pvt. Ltd. & Ors.
Interpretation of statute - MPT Act - Whether the liability to pay ground rent on containers unloaded at Cochin Port, but not cleared by the consignees/importers and refused to be de-stuffed by the Port, on the ground of inadequate storage space, can be imposed on the owners of the vessel/steamer agents beyond the period of 75 days, fixed by the Tariff Authority of Major Ports (TAMP), a statutory body constituted under Section 47A of the Major Po....... + More
2018 (3) TMI 198 - SUPREME COURT OF INDIA
Dwarika Prasad Versus State of Uttar Pradesh And Ors
E-auction - Section 13(8) of the SARFAESI Act - Held that - the appellant failed to comply with the provisions of Section 13(8). The statute mandates that it is only where the dues of the secured creditor are tendered together with costs, charges and expenses before the date fixed for sale or transfer that the secured asset is not to be sold or transferred. - The appellant, is however, entitled to a refund of his deposit of ₹ 7,00,000 with ....... + More
2018 (3) TMI 118 - SUPREME COURT OF INDIA
Indiabulls Housing Finance Limited Versus M/s. Deccan Chronicle Holdings Limited And Others
Recovery of Loan amounts - validity of actions taken by the appellant against the contesting respondents under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - arbitration clauses - doctrine of election - rejection of applicability of the doctrine of election by holding that simply because remedy under the provisions of the DRT Act was availed would not mean that the fina....... + More
2018 (2) TMI 1569 - SUPREME COURT
Kudrat Sandhu Versus Union of India And Another
Selection process of Tribunals - it was claimed that substantial steps have taken place in the selection process for the Central Administrative Tribunal and it is desirable that appointments be made expeditiously - Search-cum-Selection Committees (SCSC) - Held that - In all cases where the CJI has nominated the Chairperson of the SCSC for making recommendations for appointment of Chairperson/President/Presiding Officer of any tribunal and the Com....... + More
2018 (2) TMI 1501 - SUPREME COURT OF INDIA
S. Sukumar Versus The Secretary, Institute of Chartered Accountants of India & Ors. And Centre For Public Interest Litigation Versus Union of India & Ors.
Whether the Multi-National Accounting Firms (MAFs) are operating in India in violation of law in force in a clandestine manner, and no effective steps are being taken to enforce the said law. If so, what orders are required to be passed to enforce the said law? - Held that - While we appreciate that it is for the policy makers to take a call on the issue of extent to which globalization could be allowed in a particular field and conditions subjec....... + More
2018 (2) TMI 1500 - SUPREME COURT OF INDIA
M/s. Elite Engineering And Construction (Hyd.) Private limited Rep. By its managing director Versus M/s. Techtrans Construction India Private Limited Rep. By Its Managing Director
Maintainability of petition - Arbitration agreement - This petition was contested by the respondent who in its reply denied all the allegations raised by the appellant and also submitted that since there was no arbitration agreement between the parties, the petition under Section 9 of the Act was not maintainable - Held that - As per sub-section (5), an arbitration clause contained in an independent document can also be imported and engrafted in ....... + More
2018 (2) TMI 1326 - SUPREME COURT OF INDIA
Jayant Verma And Ors. Versus Union of India And Ors.
Vires of Section 21A of the Banking Regulation Act - What is the scope of Entry 45, List I vis- -vis Entry 30, List II of the Seventh Schedule to the Constitution? - Whether Section 21A can be said to prevail over State Debt Reliefs Acts in the event of a clash between the two? - Held that - It is clear that where Section 21A of the Banking Regulation Act incidentally trenches upon the State Debt Relief Acts, enacted under Entry 30, List II, so f....... + More
2018 (2) TMI 1266 - SUPREME COURT OF INDIA
P. Ramadas Versus State of Kerala And Another
Offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - sentence awarded to appellant - Held that - it is not possible to interfere with the concurrent finding of fact regarding the finding of guilt recorded against the appellant. Thus, no interference is warranted against the order of conviction. - Interest of justice would be subserved if the order regarding simple imprisonment of three months is modified and in lieu ther....... + More
2018 (2) TMI 1131 - SUPREME COURT OF INDIA
Sundaram Finance Limited Versus Abdul Samad And Anr.
Court by which decree may be executed - Transfer of decree - Arbitration award - Procedure where court desires that its own decree shall be executed by another court - whether an award under the Arbitration & Conciliation Act, 1996 is required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to obtain transfer of the decree or whether the award can be straightway filed and executed in ....... + More
2018 (2) TMI 651 - SUPREME COURT OF INDIA
Indore Development Authority Versus Shailendra (Dead) Through Lrs. And Ors. And Yogesh Kumar And Ors. Versus State of Madhya Pradesh And Ors.
Interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and section 31 of the Land Acquisition Act, 1894 - Whether a deposit in the Treasury or with the Collector amounts to a payment of compensation under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 especially when the landowner....... + More
2018 (2) TMI 412 - SUPREME COURT OF INDIA
Kandla Export Corporation & Anr. Versus M/s OCI Corporation & Anr.
Maintainability of appeal - doctrine of harmonious construction - whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is nonetheless maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? - Held that - Both the Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought into force on....... + More
2018 (2) TMI 411 - SUPREME COURT OF INDIA
M/s ONGC Mangalore Petrochemicals Ltd. Versus M/s ANS Constructions Ltd. & Anr.
Appointment of an arbitrator for resolution of the dispute between the appellant-Company and respondent No. 1-Company - works contract - whether the respondent-Contractee Company has made out a case for referring the dispute to Arbitration? - Held that - When the contractee accepted the final payment in full and final satisfaction of all its claims, there is no point in raising the claim for losses incurred during the execution of the Contract at....... + More
2018 (2) TMI 410 - SUPREME COURT OF INDIA
Dataram Singh Versus State of Uttar Pradesh And Anr.
Grant of Bail - fundamental postulate of criminal jurisprudence - Held that - The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory. - It is not nece....... + More
2018 (2) TMI 25 - SUPREME COURT OF INDIA
Authorized Officer, State Bank of Travancore And Another Versus Mathew K.C.
Stay of further proceedings at the stage of Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - failure to make payment of dues - SARFAESI Act - Held that - The discretionary jurisdiction under Article 226 is not absolute but has to be exercised judiciously in the given facts of a case and in accordance with law. The normal rule is that a writ petition under Article 226 of th....... + More
2018 (1) TMI 1277 - SUPREME COURT
P.S. Narsimman Versus Union of India
Regularization in the post of Inspector made by the appellant in pursuance of the merger of the cadres which took place on 19-1-2003 under the Inspector Examiner Recruitment Rules, 2002 - Held that - it was directed that appellant s services should be regularised on the basis of seniority determined in accordance with Clause 12 of the Rules - petition dismissed........ + More