April 2023 - Page 5 of 13 - Supreme Court of India Judgements

Lawyers’ Strikes – No member of the Bar can go on strike and/or abstain himself from court working – High Courts to constitute Grievance Redressal Committee in their respective High Courts which may be headed by the Chief Justice

Apr 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DISTRICT BAR ASSOCIATION DEHRADUN — Appellant Vs. ISHWAR SHANDILYA AND OTHERS — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) M.A.…

Direct Taxation Income Tax Act

Income Tax Act, 1961 – Section 260A – Determination of arm’s length price – there cannot be any absolute proposition of law that in all cases where the Tribunal has determined the arm’s length price the same is final and cannot be the subject matter of scrutiny by the High Court in an appeal under Section 260A of the IT Act

Apr 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAP LABS INDIA PRIVATE LIMITED — Appellant Vs. INCOME TAX OFFICER, CIRCLE 6, BANGALORE — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

Constitution Registration Act

Lease deed was to be compulsorily registered under Section 17 of the Registration Act, 1908, it cannot open to be altered or amend by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.

Apr 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GWALIOR DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. BHANU PRATAP SINGH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. )…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Appeal against – possession of the land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed.

Apr 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR (SOUTH) — Appellant Vs. HARI CHAND AND ANOTHER — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) Civil…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Appeal against – – the possession of the land in question was taken over on 21.04.2006, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed.

Apr 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHIV RAJ AND OTHERS — Respondent ( Before : M.R. Shah And Ahsanuddin Amanullah, JJ. ) Civil Appeal…

Tenders & Contracts

Tender Process – Action of imposing the penalty without putting notice to party cannot be approved.

Apr 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRA — Appellant Vs. MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. AND ANOTHER — Respondent…

Consumer

Consumer Protection Act, 1986 – Section 2(d) – For award of compound interest – award of compound interest in the present case had neither any foundation in the record nor any backing in law nor the Consumer Fora took care to examine the contours of their jurisdiction and the requirements of proper assessment, if at all any compensation and/or punitive damages were sought to be granted. The impugned orders are difficult to be sustained.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUNEJA TOWERS PRIVATE LIMITED AND ANOTHER — Appellant Vs. ANITA MERCHANT — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. )…

Bail Granted

(IPC) – Ss 120B, 124A, 153A and 153B – Unlawful Activities (Prevention) Act, 1967 – Ss 18 and 39 – Bail – (i) the investigation is over and (ii) the petitioner is not yet a convicted criminal – Not think that any purpose will be served in allowing the Special Court to remand him to custody and then enabling him to move an application for bail – Bail granted.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AKHIL GOGOI — Appellant Vs. THE STATE (NATIONAL INVESTIGATION AGENCY) AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. )…

Specific Performance Specific Relief Act

HELD when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise – time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GADDIPATI DIVIJA AND ANOTHER — Appellant Vs. PATHURI SAMRAJYAM AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

Arbitration

Arbitration – Courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARSI CREATION PVT. LTD. AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay…

Lawyers’ Strikes – No member of the Bar can go on strike and/or abstain himself from court working – High Courts to constitute Grievance Redressal Committee in their respective High Courts which may be headed by the Chief Justice

Lease deed was to be compulsorily registered under Section 17 of the Registration Act, 1908, it cannot open to be altered or amend by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.

Tender Process – Action of imposing the penalty without putting notice to party cannot be approved.

HELD when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise – time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party.

Arbitration – Courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed.

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Month: April 2023

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