Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Relief by Modification of Award – The Court cannot, after setting aside the award, proceed to grant further relief by modifying the award
SUPREME COURT OF INDIA DIVISION BENCH INDIAN OIL CORPORATION LTD. AND OTHERS — Appellant Vs. M/S. SATHYANARAYANA SERVICE STATION AND ANOTHER — Respondent ( Before : K.M. Joseph and B.V…
Criminal Procedure Code, 1973 (CrPC) – Section 102 – Power of police officer to seize certain property.- If a criminal investigation against unrelated party that is not related to company, bank account of a company cannot be freeze.
SUPREME COURT OF INDIA DIVISION BENCH M/S. JERMYN CAPITAL LLC DUBAI — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Kumar,…
Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of an arbitrator – In a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015
SUPREME COURT OF INDIA DIVISION BENCH M/S. SHREE VISHNU CONSTRUCTIONS — Appellant Vs. THE ENGINEER IN CHIEF MILITARY ENGINEERING SERVICE AND OTHERS — Respondent ( Before : M.R. Shah and…
Service Law – Promotion – There is no distinction between the time period served before or after the acquisition of the degree so long as the degree is acquired and is the basis for consideration of the promotion.
SUPREME COURT OF INDIA FULL BENCH T. VALSAN (D) THR. LRS. AND OTHERS — Appellant Vs. K. KANAGARAJ AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Abhay S.…
Development Control Regulations for Greater Mumbai, 1991 – Regulation 34 – Claim for Additional TDR – Waiting to receive clearance of right over additional Transfer of Development Rights (TDR) in a pending acquisition proceeding does not amount to abandonment of the claim
SUPREME COURT OF INDIA DIVISION BENCH GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED THROUGH ITS CONSTITUTED ATTORNEY AND ANOTHER — Appellant Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS —…
Service Law – Pension – Merely because there were some wrong deductions from the salary and was treated as member of the CPF Scheme, cannot be permitted to be raised as a ground to defeat rightful claim.
SUPREME COURT OF INDIA DIVISION BENCH CALCUTTA STATE TRANSPORT CORPORATION AND OTHERS — Appellant Vs. ASHIT CHAKRABORTY AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,JJ.…
IMPORTANT – Allotment of Plot – Demand of additional price – Non-construction of plot within a period – Additional amount sought not be recovered at the stage of issuance of notice. HELD Even that amount also needs to be calculated and recovered from the guilty officers who, despite there being judgment of this Court, dealing with the same issue opined the case to be fit for filing appeals. burden the Appellants with cost of Rs. 1,00,000/- to be deposited with the Supreme Court Mediation Centre.
SUPREME COURT OF INDIA DIVISION BENCH HARYANA URBAN DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. JAGDEEP SINGH — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,JJ. ) Civil…
Representation of the People’s Act, 1951 – Ss 13(1)(a) and 100(1)(d)(iv) – (CPC) – Order 7 Rule 11(a) -In absence of material facts constituting cause of action for filing Election petition under Section 100(1)(d)(iv) of the said Act, the Election petition is required to be dismissed under Order VII Rule 11(a) CPC read with Section 13(1)(a) of the RP Act – Election petition dismissed.
SUPREME COURT OF INDIA DIVISION BENCH KANIMOZHI KARUNANIDHI — Appellant Vs. A. SANTHANA KUMAR AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil…
Case transferred from regular court – State Government is interested in taking action against land grabbers, it can bring an appropriate legislation with a clear definition of “land grabber” and “land grabbing” or better legislations with a clear definition of “land grabbing”, “land grabber”, and “land grabbing cases” – The present order shall not prevent the State Government from enacting such legislation – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF TAMIL NADU AND OTHERS — Appellant Vs. R. THAMARAISELVAM ETC. ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…
Income Tax Act, 1961 – Sections 50C and 143(3) – ITAT has without examining any of the relevant factors confirmed that the transaction was transfer of stock in trade – Matter is required to be remanded to the ITAT to consider the appeal afresh in light of the observations to take into consideration the relevant factors while considering the transaction as stock in trade or as sale of capital assets or business transaction.
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX 8 MUMBAI — Appellant Vs. GLOWSHINE BUILDERS AND DEVELOPERS PVT. LTD. — Respondent ( Before : M.R. Shah and B.V.…