August 2022 - Page 3 of 10 - Supreme Court of India Judgements

Power Purchase Agreement – Compounded interest – Change in Law – Adani Power is justified in stating that if the banks have charged it interest on monthly rest basis for giving loans to purchase the FGD, any restitution will be incomplete, if it is not fully compensated for the interest paid by it to the banks on compounding basis

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana,…

Acquittal

Discharge – Illegal gratification or disproportionate assets – Ingredients of alleged offences cannot be prima-facie established against the Appellant as neither had he been entrusted with funds

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PUSHPENDRA KUMAR SINHA — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : N.V. Ramana, CJI., J.K. Maheshwari and Hima Kohli, JJ. )…

Arbitration

Constitution of India, 1950 – Article 226 – High Courts cannot entertain plea of executing award passed by arbitral tribunal

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. SHEETAL JAIDEV VADE AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Service

Constitution of India, 1950 – Article 14 – Tripura State Civil Services (Revised Pension) Rules, 2009 – Rule 3(3) – Whether Rule 3(3) was rightly struck down as arbitrary – High Court manifestly erred in striking down the Rule 3(3) of the Pension Rules,

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF TRIPURA AND OTHERS — Appellant Vs. SMT. ANJANA BHATTACHARJEE AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

G S T

Service tax – Amounts collected by a company during post clearing activities were not liable to be computed for service tax

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE VADODARA – I — Appellant Vs. M/S JYOTI LIMITED AND OTHERS — Respondent ( Before : M. R.…

Specific Performance

Specific performance – There is no doubt that the claim of purchaser is hit by delay and laches on their part as they did not take appropriate measures within the stipulated time and filing of the suit was delayed by almost five years – It is not an appropriate case for granting relief to the purchaser in terms of Section 12 of the Specific Relief Act, 1963 as the claim of the purchaser is barred by delay, laches and limitation.

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SMT. KATTA SUJATHA REDDY AND ANOTHER — Appellant Vs. SIDDAMSETTY INFRA PROJECTS PVT. LTD.AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Krishna…

Service

Service Law – candidates have been appointed and are working for almost 2 years by this time, it will be unjust for this Court to now permit the Government to take a UTurn in compliance of the impugned judgment, and nonsuit the candidates who are working for sufficiently long time.

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BARUN KUMAR AND OTHERS — Appellant Vs. STATE OF JHARKHAND AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. )…

Acquittal I P C

Ingredients of Section 120B IPC – it is not necessary that there must be a clear, categorical and express agreement between the accused – An implied agreement must manifest upon relying on principles established in the cases of circumstantial evidence.

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAM SHARAN CHATURVEDI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. )…

State Laws

It is deemed appropriate to direct the respondent Nos.3 and 4/Corporation to return the land acquired by it to the appellants within four weeks. Once the possession is restored, the appellants shall be permitted to use it for residential purposes. Further, the respondents are directed to compensate the appellants @ Rs.1 crore per year for the loss caused

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAJHAN NARENDRA ROUT AND OTHERS — Appellant Vs. THE STATE OF MAHARASHTRA, THROUGH SECRETARY, URBAN DEVELOPMENT DEPARTMENT AND OTHERS — Respondent ( Before :…

Direct Taxation

Income Tax Act, 1961 – Sections 36(1)(vii) and 37 – Where the claim of bad and doubtful debt was disallowed -Section 37 applies only to items which do not fall in Section 30 to 36 – If a provision for doubtful debt is expressly excluded from Section 36 (1) (vii) then such a provision cannot claim deduction under Section 37 of the IT Act even on the basis of “real income theory”.

Aug 27, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PR. COMMISSIONER OF INCOME TAX 6 — Appellant Vs. KHYATI REALTORS PVT. LTD. — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat…

Month: August 2022

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