2017 (12) TMI 559 - SUPREME COURT OF INDIA
M/s. Oorja Consultants And Anr. Versus Punjab State Cooperative Milk Producers Federation Ltd.
Award under Arbitration proceedings - High Court while setting aside the said award directing to carry out the modifications required by it at the risk and costs of the appellants(respondents firm) and in terms of the agreement, the costs thereafter shall be recovered from the earnest money or pending payment - Held that - The subject matter covered by the aforesaid impugned direction of the High Court was not one of the items of reference to the....... + More
2017 (12) TMI 395 - SUPREME COURT OF INDIA
B. Sunitha Versus The State of Telengana And Anr.
Proceedings initiated against the appellant u/s 138 of the NI Act - professional misconduct on the part of an advocate - charging fees as percentage of reward - Held that - Mere issuance of cheque by the client may not debar him from contesting the liability. If liability is disputed, the advocate has to independently prove the contract. Claim based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138....... + More
2017 (12) TMI 394 - SUPREME COURT OF INDIA
Bank of India Versus Yadav Consultancy Services (P) Ltd. And Ors.
Recovery proceedings - DRT jurisdiction to entertain appeal against the order of the Recovery Officer - Held that - Order of the Recovery Officer makes it clear that the continuance of respondent No. 1 for safeguarding the auctioned property was solely on behalf of auction purchasers and the first respondent s duty as Court Commissioner had ceased to exist on 13.11.2006. After 13.11.2006 or at least after 24.07.2008 (Order of DRT), for the servic....... + More
2017 (12) TMI 96 - SUPREME COURT OF INDIA
Patel Field Marshal Agencies And Anr. Versus P.M. Diesels Ltd. And Ors.
Intellectual Property Rights jurisdiction - plea of rectification upon abandonment - Held that - The first question posed is how an approach to the superior Court i.e. the High Court, under Section 111 of the 1958 Act, can be contingent on a permission or grant of leave by a court of subordinate jurisdiction. The above is also contended to be plainly contrary to the provisions of Section 41 (b) of Specific Relief Act, 1963. It is also urged that ....... + More
2017 (12) TMI 95 - SUPREME COURT
Common Cause Versus Union of India and Others
Appointment of Shri Rakesh Asthana to the post of Special Director, CBI - Held that - We cannot question the decision taken by the Selection Committee which is unanimous and before taking the decision, the Director, CBI, had participated in the discussions and it is based on relevant materials and considerations. Further, even in the FIR filed by the CBI, the name of Shri Rakesh Asthana has not been mentioned at all. Thus, lodging of FIR will not....... + More
2017 (11) TMI 1523 - SUPREME COURT OF INDIA
Agarwal Tracom Pvt. Ltd. Versus Punjab National Bank & Ors.
Auction purchaser aggrieved by the action of the secured creditor in forfeiting their money - remedy under SARFAESI Act - Held that - Writ Court as also the Appellate Court were justified in dismissing the appellant s writ petition on the ground of availability of alternative statutory remedy of filing an application under Section 17(1) of SARFAESI Act before the concerned Tribunal to challenge the action of the PNB in forfeiting the appellant s ....... + More
2017 (11) TMI 778 - SUPREME COURT
Khekh Ram Versus State of H.P.
Charge under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - HC reversing the verdict of acquittal of the appellant by the Trial Court - seriousness of offence - Held that - This Court concluded that the finding of innocence recorded by Trial Court was a reasonably possible view taken on the basis of the evidence and materials on record and thus the High Court ought not to have disturbed the same even if, on a re-....... + More
2017 (11) TMI 777 - SUPREME COURT OF INDIA
Venture Global Engineering LLC Versus Tech Mahindra Ltd & Anr Etc.
Arbitral Award - VENTURE seeks to have the AWARD set aside - failure to make disclosure would render the AWARD liable to be set aside - Held that - Hon ble Mr. Justice J. Chelameswar and Hon ble Mr. Justice Abhay Manohar Sapre pronounced separate and dissenting judgments of the Bench comprising His Lordship and Hon ble Mr. Justice Abhay Manohar Sapre, in these petitions. - Leave granted in the SLPs. In terms of common signed reportable order, the....... + More
2017 (11) TMI 617 - SUPREME COURT
Manohar Lal Sharma Versus Central bureau of Investigation & Others And Shri Manik Bhimrao Jadhav Versus Union of India & Others
PIL - Direction to the CBI to conduct an investigation/inquiry against the Indian offshore bank account holders, revealed in Panama Papers and to file their report before this Hon ble Court - Direction has also been sought to register FIR and conduct investigation against the Securities and Exchange Board of India (SEBI) Chairman, his associate directors, share brokers and companies - Held that - Public Interest Litigation is a mechanism by which....... + More
2017 (10) TMI 1276 - SUPREME COURT
National Insurance Company Limited Versus Pranay Sethi And Others
Determination of compensation u/s 163-A and 166 of the Motor Vehicles Act, 1988 - claim in the case of death - liability of insurance company - a person who is selfemployed or who is paid fixed wages / salary - Established income of the deceased towards future prospects - Whether there will be no addition after 50 years? - Held that - Taking into consideration the cumulative factors, namely, passage of time, the changing society, escalation of pr....... + More
2017 (10) TMI 1194 - SUPREME COURT
PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND ORS Versus STATE OF GUJARAT AND ANR.
FIR for offences punishable under Sections 384, 467, 468, 471, 120-B and 506(2) of the Penal Code - exercise of the jurisdiction under Section 482 to quash the FIR - Held that - High Court was justified in declining to entertain the application for quashing the First Information Report in the exercise of its inherent jurisdiction. - The High Court has adverted to two significant circumstances. The first is that the appellants were absconding and ....... + More
2017 (10) TMI 1064 - SUPREME COURT OF INDIA
International Asset Reconstruction Company of India Ltd. Versus The Official Liquidator of Aldrich Pharmaceuticals Ltd. And Others And Iridium India Telecom Ltd. Versus Doha Bank Qsc And Another
Deemed status of proceedings before the Recovery officer - Section 5 of the Limitation Act, 1963 invoked to condone the prescribed period of 30 days, under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993 preferring an appeal before the Tribunal, against an order of the Recovery officer - Held that - The RDB Act is a special law. The proceedings are before a statutory Tribunal. The scheme of the Act manifestly provides that the Leg....... + More
2017 (10) TMI 667 - SUPREME COURT OF INDIA
MS. Indira Jaising Versus Supreme Court of India Through Secretary General And Ors.
System of designation of Senior Advocates in the Supreme Court of India - whether system is flawed and the system needs to be rectified - Held that - We proceed to venture into the exercise and lay down the following norms/guidelines which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country. The norms/ guidelines, in existence, shall be suitably modified so as to be in ac....... + More
2017 (10) TMI 566 - SUPREME COURT OF INDIA
Himangni Enterprises Versus Kamaljeet Singh Ahluwalia
Arbitration and Conciliation proceedings - whether the two Courts below were justified in rejecting the application filed under Section 8 of the Arbitration and Conciliation Act, 1996 in a pending civil suit filed by the respondent seeking appellant s eviction from the premises in question and for claiming some ancillary reliefs therein - Held that - Both the Courts below were right in dismissing the appellant s application filed under Section 8 ....... + More
2017 (10) TMI 218 - SUPREME COURT OF INDIA
M/s. Meters And Instruments Private Limited & Anr. Versus Kanchan Mehta
Compounding the offence under Section 138 of NI Act 1881 - compounding on payment of the cheque amount and in the alternative for exemption from personal appearance - Held that - We hold that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Cr.P.C. As already observed, norm....... + More
2017 (10) TMI 145 - SUPREME COURT OF INDIA
Sri Chittaranjan Maity Versus Union of India
Arbitration proceedings - whether the Division Bench was justified in considering the arbitrability of the dispute for the first time in the appeal? - Held that - Intervention of the court is envisaged only in few circumstances like fraud or bias by the Arbitrators, violation of natural justice. The court cannot correct the errors of the Arbitrators. Division Bench was not justified while considering the arbitrability of the disputes for the firs....... + More
2017 (9) TMI 1533 - SUPREME COURT OF INDIA
Arjun Gopal and Ors. Versus Union of India and Ors.
Ban the use of fireworks, sparklers and minor explosives in any form, during festivals or otherwise - Fireworks and air pollution in 2016 - Held that - The health of the people in Delhi and in the NCR must take precedence over any commercial or other interest of the applicant or any of the permanent licensees and, therefore, a graded regulation is necessary which would eventually result in a prohibition. Taking all factors into consideration, we ....... + More
2017 (9) TMI 1445 - SUPREME COURT
Union of India Versus Niyazuddin SK & Another
Offences under Section 37 of the NDPS Act - bail application - HC 2014 (9) TMI 1126 - CALCUTTA HIGH COURT held that further detention of the accused/petitioners is not necessary and to be released on bail bond - Held that - The accusation in the present case is with regard to the fourth factor namely, commercial quantity. Be that as it may, once the Public Prosecutor opposes the application for bail to a person accused of the enumerated offences ....... + More
2017 (9) TMI 1302 - SUPREME COURT
Shayara Bano Versus Aafreen Rehman, Gulshan Parveen, Ishrat Jahan, Atiya Sabri Versus Union of India and others & In Re: Muslim Women’s Quest For Equality Versus Jamiat Ulma-I-Hind
Practiced modes of talaq amongst Muslims - talaq-e-biddat triple talaq - polygamy and halala - relevancy of Dissolution of Muslim Marriages Act, 1939 - Held that - The Holy Quran has attributed sanctity and permanence to matrimony. However, in extremely unavoidable situations, talaq is permissible. But an attempt for reconciliation and if it succeeds, then revocation are the Quranic essential steps before talaq attains finality. In triple talaq, ....... + More
2017 (9) TMI 1267 - SUPREME COURT OF INDIA
The State of Jharkhand And Ors. Versus M/s Hindustan Construction Co. Ltd.
Arbitration proceedings - eligibility of award - Held that - There is a difference of opinion in relation to entertainability of an application by this Court for making the award as Rule of the Court. The matter is, therefore, referred to larger bench for decision of the following question - Whether this Court can entertain an application for making the award as Rule of the Court, even if it retains seisin over arbitral proceedings? ....... + More