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Indian Laws - Supreme Court - Case Laws
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- 2020 (1) TMI 936
Promotion under Time Bound Promotion Scheme (TBPS) - superannuated respondent - pay scale and designation of a Section Officer with effect from 05.03.1993 - pay scale and designation of an Executive Officer with effect from 05.03.2002 - direction to pay arrears of salary and emoluments to the respondent, as revised for the aforesaid scales from time to time - HELD THAT:- It is required to be noted that the dispute is with respect to the promotion under the TBPS. An employee is entitled to the promotion under the TBPS only in accordance with the scheme and the promotion to the next higher post is provided under the TBPS. It is to be noted that, in the present case, the terms and conditions of the service of the employees of the appellant ICAI were governed by the settlements/agreements arrived at from time to time between ICAI and its Empl....... + More
- 2020 (1) TMI 412
Dishonor of Cheque - section 138 of NI Act - cheque was issued in discharge of any debt or liability of the company or not - HELD THAT:- In the instant case, the respondent clearly had a liability. As observed above, there was an earlier adjudication which led to the conviction of the respondent accused. Thus there was adjudication of liability of the respondent accused. While the appeal was pending, the matter was settled in the Lok Adalat in acknowledgment of liability of the accused respondent to the appellant complainant - The cheque issued pursuant to the order of the Lok Adalat, was also dishonoured. This clearly gave rise to afresh cause of action under Section 138 of the Negotiable Instruments Act. Every award of the Lok Adalat is, as held in K.N. Govindan Kutty Menon's case [2011 (11) TMI 783 - SUPREME COURT], deemed to be de....... + More
- 2020 (1) TMI 264
Jurisdiction - powers to make interim orders - whether the Gujarat Public Works Contract Disputes Arbitration Tribunal constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996? HELD THAT:- The appropriate remedy for the contractor was to approach the arbitral tribunal constituted under the Gujarat Act since that would have jurisdiction to decide whether the notice issued by the Government was a legal notice and whether the Government was, in fact, entitled to recover any amount from the contractor - It would also be within the jurisdiction of the Tribunal to decide whether the contractor has made out a prima facie case for grant of interim relief. We are purposely not going into the ....... + More
- 2020 (1) TMI 263
Dishonor of Cheque - insufficiency of funds - Appellate Court has suspended the substantive sentence of the appellants subject to deposit 25% of the compensation awarded by the trial court in favour of the complainant - HELD THAT:- This Court having already upheld the order of the Appellate Court dated 01.12.2018 suspending the sentence subject to deposit 25% of the amount of compensation any submission questioning the order of the Appellate Court directing the suspension of sentence subject to deposit of 25% of the compensation amount needs no further consideration. By dismissal of the criminal appeals of the appellants on 29.05.2019 by this Court the challenge stands repelled and cannot be allowed to be reopened. The second round of litigation which was initiated by the appellant by filing application under Section 482 Cr.P.C. was again....... + More
- 2020 (1) TMI 240
Auction - payments towards deferred spectrum instalment charges - allegation that these deferred instalment charges could not be made within the time granted - HELD THAT:- The respondent-licencees faced financial constraints; apparently telecom service providers as a class also faced some financial stress, which triggered the Union to revisit its policy and ultimately modify the terms of payment of deferred payment charges and consequently, the letter of 19.03.2018. Despite these, the respondent licensees could not fulfil the conditions of the licenses held by them (i.e. NIA 2013 and NIA 2015) vis-à-vis payment of deferred spectrum charges; they approached the TDSAT, but without success. Their appeals to this court fared better; the time for making payment was extended somewhat. Upon default (in payment of the charges), the Union i....... + More
- 2020 (1) TMI 202
Smuggling - Opium - offence punishable under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 - cogent evidence of offence or not - HELD THAT:- From the evidence on record in this case the prosecution has proved the guilt of the appellant beyond reasonable doubt. The conviction recorded and the sentence imposed is in conformity with the provisions of law and evidence on record, thus no interference is called for - this appeal is devoid of merits, and the same is dismissed. As the appellant-accused is on bail, the bail bonds are cancelled. He shall surrender within a period of four weeks from today, to serve remaining period of sentence, failing which, the Chief Judicial Magistrate, shall take necessary steps to take the appellant into custody to serve remaining period of sentence.
- 2019 (12) TMI 851
Shifting of Liquor shops from one region to another - contravention of Rules 163 and 209 of the Excise Rules - whether the permission granted by Respondent Nos. 2 to 4 Excise Authorities to transfer the licensed shop from one region to another in the Union Territory of Puducherry was permissible under the Excise Act and Rules? HELD THAT:- Rule 209 permits shifting of the liquor shop from one “place” to another, subject to approval by the Licensing Authority on the terms and conditions contained therein - The proviso to Rule 209 states that the Licensing Authority may permit shifting of the licensed premises, subject to the fulfillment of the conditions of license, and payment of 1/4th of the license fee for such shifting. There is no restriction or prohibition either in the Excise Act or Rules on the Licensing Authority from g....... + More
- 2019 (12) TMI 843
Encashment/Honour of Bank Guarantee - advance against supply of plant and equipment - It is alleged that the work had to be abandoned due to which 1st respondent suffered huge losses and damages - HELD THAT:- The settled position in law that emerges from the precedents of this Court is that the bank guarantee is an independent contract between bank and the beneficiary and the bank is always obliged to honour its guarantee as long as it is an unconditional and irrevocable one. The dispute between the beneficiary and the party at whose instance the bank has given the guarantee is immaterial and is of no consequence. There are, however, exceptions to this Rule when there is a clear case of fraud, irretrievable injustice or special equities. The Court ordinarily should not interfere with the invocation or encashment of the bank guarantee so l....... + More
- 2019 (12) TMI 842
Requirement of reasoned award and the cautionary tale for the parties - claim for payment of compensation for the losses suffered due to unproductive use of machineries - premature termination of the contract - Section 34 (4) of the Arbitration Act - HELD THAT:- There is no dispute that Section 34 of the Arbitration Act limits a challenge to an award only on the grounds provided therein or as interpreted by various Courts. We need to be cognizant of the fact that arbitral awards should not be interfered with in a casual and cavalier manner, unless the Court comes to a conclusion that the perversity of the award goes to the root of the matter without there being a possibility of alternative interpretation which may sustain the arbitral award. Section 34 is different in its approach and cannot be equated with a normal appellate jurisdiction....... + More
- 2019 (12) TMI 841
Appointment of an arbitrator without reference to the clauses of General Conditions 64 (3)(a)(ii) and 64 (3)(b) of the Contract - HELD THAT:- Clause 64(3)(b) of GCC deals with appointment of arbitrator where applicability of Section 12(5) of the Act has not been waived off. The modified Clause 64(3)(b) inter alia provided that the arbitral tribunal shall consist of a panel of three retired railway officers not below the rank of SAO officer as arbitrator. For this purpose, the Railway will send a panel of at least four names of retired railway officer(s) empanelled. The contractor will be asked to suggest to the General Manager at least two names out of the panel for appointment as the contractor’s nominee and the General Manager shall appoint at least one out of them as the contractor’s nominee. The General Manager will also s....... + More
- 2019 (12) TMI 626
Maintainability of appeals under Section 37 of the Arbitration and Conciliation Act, 1996 - territorial jurisdiction - HELD THAT:- Admittedly, on the facts of these cases, there was no adjudication under Section 34 of the Arbitration Act, 1996 - all that was done was that the Special Commercial Court at Gurugram allowed an application filed under Section 151 read with Order VII Rule 10 CPC, determining that the Special Commercial Court at Gurugram had no jurisdiction to proceed further with the Section 34 application, and therefore, such application would have to be returned to the competent court situate at New Delhi. Determination of the “seat” of the arbitral proceedings between the parties - HELD THAT:- The new provisions contained in Sections 20 and 31(4) of the Arbitration Act, 1996 are a replication of Articles 20 and 3....... + More
- 2019 (12) TMI 387
Pensionary Benefits - respondent had completed twenty years of service and had 'voluntarily retired' and not 'resigned' from service - whether the respondent's 'resignation' amounted to a forfeiture of his past service disentitling him from pension or was in fact 'voluntary retirement'? - HELD THAT:- Rule 26 states that upon resignation, an employee forfeits past service - Irrespective of whether the first respondent had completed the requisite years of service to apply for voluntary retirement, his was a decision to resign and not a decision to seek voluntary retirement. If this court were to re-classify his resignation as a case of voluntary retirement, this would obfuscate the distinction between the concepts of resignation and voluntary retirement and render the operation of Rule 26 nugatory. Such a....... + More
- 2019 (12) TMI 220
Grant of bail - Money laundering - siphoning of funds - case of the CBI revolves around the allegation that all the accused conspired amongst themselves to run collective investment schemes in the name of the accused company; and by inducing the public to invest under these schemes with the allure of high returns, collected funds amounting to ₹ 255,91,00,541/, but did not repay the amount to the tune of ₹ 15,69,35,003/, thereby cheating the investors of such amount. HELD THAT:- This Court is conscious of the need to view such economic offences having a deeprooted conspiracy and involving a huge loss of investors’ money seriously. Though further investigation is going on, as of now, the investigation discloses that the Respondent played a key role in the promotion of the chit fund scam described, thereby cheating a large ....... + More
- 2019 (12) TMI 171
Recovery of dues from company - employees dues - charge of recovery - priority claim on debts - Whether, in the facts of this case, employees’ dues can take precedence over the claim of the secured creditor in respect of the proceeds from sale of secured assets of the Karkhana under the SARFAESI Act? - HELD THAT:- It is clear that Section 167 creates an express bar on the applicability of the Companies Act to societies registered under the Societies Act. Given that the Karkhana was a co-operative society registered under the said Act, we find that Section 167 is squarely applicable, and the High Court committed a grave error in relying upon Section 529A of the Companies Act. Thus, the employees cannot make use of Section 529A of the Companies Act to claim priority over all other debts of the Karkhana. Whether the employees’ du....... + More
- 2019 (12) TMI 170
Cross-examination of witnesses - Section 37 of the Arbitration and Conciliation Act, 1996 - whether the challenge is sustainable on the ground available in law, at the outset it is necessary to examine whether the procedural lapse if any is committed by the learned Arbitrator in unilaterally denying the opportunity to the parties so as to make the award invalid and to set aside the same exercising the power under Section 34 or in an appeal under Section 37 of the Act, 1996? HELD THAT:- The procedure to be followed in arbitration proceedings was settled by a separate order dated 28.11.2009 during the course of the proceedings before the learned Arbitrator. Thereafter the award was passed only on 13.01.2010. Though the respondent was represented by their learned counsel and the order dated 28.11.2009 was passed while recording the proceedin....... + More
- 2019 (12) TMI 5
Constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996 - Validity of repeal (with effect from 23.10.2015) of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 - sum awarded as arbitral award - repayment of pending dues - the Petitioner sought interim reliefs from this Court for the repayment of the said amounts from the Respondent PSUs, so as to enable it to repay its pending dues to its own operational creditors. HELD THAT:- A perusal of the rival contentions makes it clear that there is a factual dispute between the parties relating to: (I) the exact quantum of the arbitral-awards in favour of the Petitioner company due from the Respondent PSUs; (II) the amounts which may have already been paid and/or deposited by the Respondent PSUs in favour of the Petitioner company under the said arbit....... + More
- 2019 (11) TMI 1281
Time limitation - rejection of application filed under Section 11 for reference to arbitration - whether the High Court was justified in rejecting the application filed under Section 11 for reference to arbitration, on the ground that it was barred by limitation? - Doctrine of “KompetenzKompetenz” - HELD THAT:- In view of the legislative mandate contained in Section 11(6A), the Court is now required only to examine the existence of the arbitration agreement. All other preliminary or threshold issues are left to be decided by the arbitrator under Section 16, which enshrines the Kompetenz Kompetenz principle. The doctrine of “KompetenzKompetenz”, also referred to as “CompétenceCompétence”, or “Compétence de la recognized”, implies that the arbitral tribunal is empowered an....... + More
- 2019 (11) TMI 1154
Appointment of arbitrators - appointment of Design Consultants for the “comprehensive planning and designing, including preparation and development of concepts, master plan for the campus, preparation of all preliminary and working drawings for various buildings/structures, including preparation of specifications and schedule of quantities’ for the proposed All India Institute of Medical Sciences at Guntur, Andhra Pradesh - whether the arbitration in the present case would be an International Commercial Arbitration or not? - Section 11(6) read with Section 11(12)(a) of the Act - whether a case is made out for exercise of power by the Court to make an appointment of an arbitrator? HELD THAT:- It is not disputed by the respondent that it was a requisite condition to declare a lead member of the Consortium and that by aforesaid d....... + More
- 2019 (11) TMI 1152
Review of an award - contention of the learned Counsel for the appellants is that after the Award had been passed on 01.10.2003 under Section 11 of the Act, the same had become final as per Section 12 of the Act, and the same could not have been reviewed under any provision of the Act - whether under the Land Acquisition Act, 1894, after the passing of the Award under Section 11 of the Act, the Signature Not Verified Award could be reviewed under any of the provisions of the Act? HELD THAT:- There is no provision under the Land Acquisition Act, 1894 for review of the Award once passed under Section 11 of the Act and had attained finality. The only provision is for correction of clerical errors in the Award which is provided for under Section 13A of the Act, which was inserted with effect from 24.09.1984 - A bare reading of the said Sectio....... + More
- 2019 (11) TMI 1088
Release of detenue on bail - Smuggling of Gold - COFEPOSA Act - High Court has set aside the respective orders of detention and released the detenus, namely, Ashok Kumar Jalan and Amit Jalan under the provisions of COFEPOSA - HELD THAT:- The orders of detention are set aside by the High Court mainly, inter alia, on the ground that there was a clear lapse and failure on the part of the Detaining Authority, to examine and consider the germane and relevant question relating to the imminent possibility of the detenus being granted bail, while recording its subjective satisfaction and passing the detention orders and also on the ground that non-placement of the relevant material in the form of Anand’s retraction petition and its non-consideration by the Detaining Authority, also vitiates the detention orders. Therefore, it is evident tha....... + More
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