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
2017 (7) TMI 924 - SUPREME COURT OF INDIA
Smt. P. Chandrakala Versus K. Narender & Anr.
Offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - Held that - As during the pendency of the revision case before the High Court the matter was compromised. Learned counsel for the appellant submits that the entire amount has been paid to the first respondent. Learned counsel for the first respondent submits that the first respondent has received the entire amount. Therefore, he has no objection if the conviction alrea....... + More
2017 (7) TMI 752 - SUPREME COURT OF INDIA
Institute of Chartered Accountants of India Versus M.S. Rathi
Guilty of professional misconduct against CA - Disciplinary action was taken against the Respondent herein for issuing certificates for consumption of raw materials showing the value of imported raw material as CIF value to the units without seeing the records since imported value of the raw materials should have been shown as value of the raw materials and not the CIF value - also, it was alleged that the units did not maintain any record for pa....... + More
2017 (6) TMI 186 - SUPREME COURT OF INDIA
Maharaji Educational Trust Versus Housing & Urban Development Corporation Ltd.
Default by Educational Trust - Maharaji Educational Trust had taken a loan of approximately ₹ 75 crores from Housing & Urban Development Corporation Ltd.( HUDCO ) and mortgaged properties - Held that - Educational Trust is a wilful defaulter and has built the property, colleges, hospitals from the money borrowed from HUDCO. It was the bounden duty of the Educational Trust to pay back the money to HUDCO. Thus no equitable principle comes....... + More
2017 (5) TMI 1472 - SUPREME COURT OF INDIA
CRRC Corporation Ltd. Versus metro Link Express For Gandhinagar & Ahmedabad (Mega) Company Ltd.
Determination of the eligibility and qualification criteria for tender - Initial Filter-cum-Qualification Requirement Bid - eligible bidders - Held that - The expression used in the present clause being single entity , understandably, it is inclusive of a private as well as a government owned entity. The unit envisaged as a single entity is thus independent of any combination or formation in the form of a J.V. or a Consortium and thus is visualis....... + More
2017 (5) TMI 1469 - SUPREME COURT
JYOTI H. MEHTA & ORS. Versus THE CUSTODIAN AND ORS
Refund of tax due to the assessee - Held that - We direct the Income Tax Authorities to pay the said amount of ₹ 192.54 crores to the Custodian with interest at the rate of 18 from the date of passing of the refund order within a period of 12 weeks from today. - As made clear that this direction has been given, having regard to the peculiar facts of this case, and shall not be treated as a precedent. - The orders (Ninety) which have already....... + More
2017 (5) TMI 850 - SUPREME COURT OF INDIA
M/s. LISIE MEDICAL INSTITUTIONS Versus THE STATE OF KERALA & ORS.
Exemption from liability of paying building tax under the Kerala Building Tax Act, 1975 - charitable institution - Held that - The Hospital at present conducts heart-transplant surgeries, kidney-transplant surgeries etc. It conducts a number of camps in rural areas as its health check-up programs for creating awareness on blood donation, organ donation, pain and palliative care, free home-care treatment to patients belonging to BPL, free dialysis....... + More
2017 (5) TMI 733 - SUPREME COURT OF INDIA
STATE BANK OF INDIA AND ORS. Versus KINGFISHER AIRLINES LTD. AND ORS.
Contempt of court - Held that - We find that the allegations against Respondent No.3 of committing of contempt are on two counts, in that - - a) He is guilty of disobeying the Orders passed by this Court in not disclosing full particulars of the assets as was directed by this Court. - b) He is guilty of violating the express Orders of Restraint passed by the High Court of Karnataka in the same Cause from which the present proceedings have arisen........ + More
2017 (5) TMI 490 - SUPREME COURT OF INDIA
STATE OF JHARKHAND THROUGH SP, CBI Versus LALU PRASAD @ LALU PRASAD YADAV, SAJAL CHAKRABORTY And DR. JAGANNATH MISHRA
Defalcation of public funds, fraudulent transactions and fabrication of accounts in Animal Husbandry Department of State of Bihar popularly known as fodder scam - whether in view of Article 20(2) of Constitution of India and section 300 Cr.PC, it is a case of prosecution and punishment for the same offence more than once ? - Held that - Section 218 deals with separate charges for distinct offences. Section 219 quoted above, provides that three of....... + More
2017 (5) TMI 372 - SUPREME COURT OF INDIA
Kumaran Versus State of Kerala & Anr.
Order to pay compensation - Money ordered to be paid recoverable as fine - N.I. Act - whether when compensation is ordered as payable for an offence committed under Section 138 of the Negotiable Instruments Act, and in default thereof, a jail sentence is prescribed and undergone, is compensation still recoverable? - Held that - the deeming fiction of Section 431 Cr.P.C. extends not only to Section 421, but also to Section 64 of the Indian Penal C....... + More
2017 (5) TMI 264 - SUPREME COURT
Essar Steel India Ltd. And Another Versus State of Gujarat And Another
Captive consumption of electricity - Exemption of payment of electricity duty both under Section 3(2)(vii)(a)(i) as well as under notification dated 27.02.1992 - Held that - The High Court although has noted the fact that in the present case there is no such Memorandum of Understanding between EPL and ECL but the judgment of the High Court is not based only on the above premise rather High Court has clearly found that conditions stipulating under....... + More
2017 (4) TMI 1155 - SUPREME COURT
Kamrup Industrial Gases Ltd. Versus Union of India
Arbitral dispute - claiming payment/consideration on account of non-lifting of the minimum quantum of gases, by Diesel Locomotive Works - Held that - Having perused the documents furnished by the appellant, at the asking of the Diesel Locomotive Works, and having perused the findings recorded with reference to the statement made by Shri A.N. Jha, before the Arbitrator (extracted above), we are satisfied, that on each occasion, before the shortfal....... + More
2017 (4) TMI 1039 - SUPREME COURT OF INDIA
State of Kerala and Ors. Versus M/s. Palakkad Heritage Hotels
Grant of a Beer/Wine Bar FL-11 Licence under the Foreign Liquor Rules - what date should be reckoned as the date of consideration of licence - Held that - Indubitably, the processing of the application for grant of licence commences from the date of application. The final decision on the proposal is required to be taken by the State Government. The date on which a formal, final decision is taken by the competent authority, alone, would be the rel....... + More
2017 (4) TMI 978 - SUPREME COURT
Vineet Kumar & Others Versus State of U.P. & Another
High court jurisdiction under Section 482 Cr. P.C. - quashing of criminal proceedings - proceedings under Section 138 of Negotiable Instruments Act - Held that - Inherent power given to the High Court under Section 482 Cr.P.C. is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court can....... + More
2017 (4) TMI 977 - SUPREME COURT
A.T. Sivaperumal Versus Mohammed Hyath (D) By Lrs.
Offence under Section 138 of the Negotiable Instruments Act - Held that - When the special leave petition came up for hearing, by order dated 12.05.2011 this Court had granted stay on condition that the appellant herein should deposit an amount of ₹ 3,00,000/- (Rupees Three Lacs) before the Trial Court i.e. the Court of Small Causes and ACMM, Bangalore, which has been duly complied with. The matter was lingering on file for quite some time........ + More
2017 (4) TMI 955 - SUPREME COURT
Shyam Pal Versus Dayawati Besoya & Anr.
Conviction of the appellant under Section 138 of the Negotiable Instruments Act, 1988 - Held that - As the duration of the appellant s custody, as is evidenced by the certificate to that effect, that the appellant is entitled to the benefit of the discretion contained in Section 427 of the Code. In arriving at this conclusion we have, as required, reflected on the nature of the transactions between the parties thereto, the offences involved, the ....... + More
2017 (4) TMI 929 - SUPREME COURT
Indus Mobile Distribution Private Limited Versus Datawind Innovations Private Limited & Others
Exclusive jurisdiction clause for the courts in arbitration agreement - whether, when the seat of arbitration is Mumbai, an exclusive jurisdiction clause stating that the courts at Mumbai alone would have jurisdiction in respect of disputes arising under the agreement would oust all other courts including the High Court of Delhi, whose judgment is appealed against? - Held that - A conspectus of all the provisions shows that the moment the seat is....... + More
2017 (4) TMI 928 - SUPREME COURT
Power Machines India Limited Versus State of Madhya Pradesh & Others
State Government permissibility to enact Rule 5 of the Rules for recovery of the amount as arrears of land revenue - Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2006 - whether speedy remedy could have been provided under the Rules framed under the Act of 2006? Held that - Section 30 of the Act of 2006 extracted above clearly authorizes the State Government to frame the rules to carry out the provisions of the Act and th....... + More
2017 (4) TMI 927 - SUPREME COURT
Kalpana Mehta and Others Versus Union of India and Others
Parliamentary Standing Committee - can be referred before court in a proceeding or not - Whether before the drug was accepted to be used as a vaccine in India, the Drugs Controller General of India and the ICMR had followed the procedure for said introduction? - Held that - Parliamentary Standing Committee report may not be tendered as a document to augment the stance on the factual score that a particular activity is unacceptable or erroneous. H....... + More