Latest Post

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34) Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44) Contempt of Court — Initiating contempt proceedings — Clear and unequivocal terms of the underlying order — A Contempt Petition can be dismissed summarily only if the underlying order, the non-compliance of which is alleged, is genuinely unclear, ambiguous, or susceptible to two equally reasonable interpretations — Where the High Court dismissed a Contempt Petition holding that the underlying order was capable of two interpretations, but the Supreme Court found, upon reading the order as a whole, that there were clear and categorical directions and recorded statements regarding handing over of possession and payment of compensation, the dismissal of the Contempt Petition was erroneous. (Paras 1, 7, 8, 9, 10) Goods and Services Tax (GST) — Exemption Notification — Notification No. 9/2017- Integrated Tax (Rate) dated 28.06.2017 — Entry 13 — Exemption on services by way of renting of residential dwelling for use as residence — Renting residential property as hostel to students/working professionals — Conditions for exemption: renting service, residential dwelling, and use as residence — The term “residential dwelling” is not defined under GST laws but refers to any residential accommodation for long-term stay, excluding commercial places, hotels, guesthouses for temporary stay — Property comprising 42 rooms rented out and sub-leased for use as hostel accommodation is considered a “residential dwelling” as its nature and use remain residential, not commercial accommodation like a hotel. (Paras 36, 46, 47, 50) Arbitration and Conciliation Act, 1996 — Section 31(7)(a) and (b) — Power of Arbitral Tribunal to grant interest — Party Autonomy — Pre-award (pendente lite) interest — Section 31(7)(a) mandates that the Arbitral Tribunal’s discretion to award interest on the sum awarded (from date cause of action arose till date of award) is subject to the agreement between the parties (“unless otherwise agreed by the parties”) — When parties specify a contractual rate of interest in the agreement, subject to no legal bar, this stipulation takes precedence over the Arbitrator’s discretion to deem a rate “reasonable” — Arbitral Tribunal is bound by the contractual terms regarding interest once agreed upon, and the borrower cannot later challenge the rate as unconscionable or against public policy, especially in commercial transactions between parties of equal bargaining power — Post-award interest is governed by Section 31(7)(b) (Paras 51, 53, 56, 64, 65, 70).

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34)

Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44)

Land Acquisition Act, 1894 – Section 25 – Determination of compensation – the sale deed is dated 2.11.2006 and the acquisition of the same villages commenced vide notification dated 30.06.2005 and therefore the sale deed after the first notification dated 30.06.2005 could not have been the basis for assessing/determining the compensation with respect to the subsequent acquisition – On the contrary, giving 8 to 12 percent cumulative increase on the amount of compensation awarded for the land acquired vide notification dated 30.06.2005, would be a safe and guiding factor.

Docid # IndLawLib/1602681   SUPREME COURT OF INDIA DIVISION BENCH HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED AND OTHERS — Appellant Vs. SATPAL AND OTHERS ETC. ETC. — Respondent…

Fire Policy – Once that assessment has been made regarding the loss/damage which took place due to fire dated 20th October, 2006 and that was not disputed by the Company, repudiating the claim invoking clause 6(b) of the policy, was unfair and is not legally sustainable – Company is directed to make the payment of Rs, 21,76,524/ as assessed by the Surveyor along with interest @ 8% per annum from the date of the Surveyor’s report.

SUPREME COURT OF INDIA DIVISION BENCH KARNAVATI VENEERS PRIVATE LIMITED — Appellant Vs. NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar,…

HELD possession of the land in question was taken on 04.03.1983, the impugned judgment and order passed by the High Court declaring that the land acquisition proceedings initiated under the Act, 1894 with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable and deserves to be quashed and set aside and is accordingly quashed and set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SHAKEEL AHMED AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

HELD possession of the land in question was taken on 23.02.2007, the impugned judgment and order passed by the High Court declaring that the land acquisition proceedings initiated under the Act, 1894 with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable and deserves to be quashed and set aside and is accordingly quashed and set aside

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SH. MANISH AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

HELD the impugned judgment and order passed by the High Court declaring that the land acquisition proceedings initiated under the Act, 1894 with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable and deserves to be quashed and set aside and is accordingly quashed and set aside.

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SH. NARENDER AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Contract – Loss of transportation charges – It would be extremely unfair and unjust, apart from being an arbitrary action in violation of Article 14 of the Constitution of India that IPCL is charged for loss of transportation charges when it is mandated to lay down its own pipelines and not to transport the gas through the HBJ pipeline

SUPREME COURT OF INDIA DIVISION BENCH M/S. GAS AUTHORITY OF INDIA LIMITED — Appellant Vs. M/S. INDIAN PETROCHEMICALS CORP. LIMITED AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul…

What may constitute an accident but it would not qualify as “accidental means”. (a) a fatal heart attack while dancing would be called “accidental” but would fail to attract insurance cover as not due to “accidental means”; (b) heart attack suffered as a result of over-exertion on being chased by a ferocious dog the death might attract the insurance cover as it was caused by “accidental means” – Insurance company is not liable – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LIMITED — Appellant Vs. THE CHIEF ELECTORAL OFFICER AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…

You missed