HELD once the legality of closure of the old scheme was undisputed, there was no manner of right inhering with the club, to insist that its claim for any plot had to be considered. If at all, it ought to have applied under subsequent schemes, and waited like other applicants (of that scheme),
SUPREME COURT OF INDIA FULL BENCH RITU MAHESHWARI — Appellant Vs. M/S. PROMOTIONAL CLUB — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…
Administrative Tribunals (Procedure for Appointment of Members) Rules, 2011 – Rule 9(4) – There cannot be any manner of doubt that a conscious decision was taken by the Selection Committee not to recommend the extension of tenure of the respondent – Order of extension of term of appointment is set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. NAVNEET KUMAR — Respondent ( Before : L. Nageswara Rao and B. R. Gavai, JJ. )…
HELD The Arbitral Tribunal, therefore, has rightly given effect to the specific agreement between the parties with regard to the rate of interest. We find that the arbitral award has been passed in consonance with the provisions as contained in clause (a) of sub-section (7) of Section 31 of the 1996 Act and specifically, in consonance with the phrase “unless otherwise agreed by the parties”
SUPREME COURT OF INDIA DIVISON BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…
Registration Act, 1908 – Sections 32 to 35 – Registration of document – A declaration that a document is null and void, is exclusively within the domain of the civil court, but it does not mean that the High Court cannot examine the question whether or not the Registering Authority performed his statutory duties in the manner prescribed by law.
SUPREME COURT OF INDIA DIVISON BENCH ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED — Appellant Vs. S.P. VELAYUTHAM AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…
When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition
SUPREME COURT OF INDIA DIVISON BENCH M/S. KELKAR AND KELKAR — Appellant Vs. M/S. HOTEL PRIDE EXECUTIVE PRIVATE LIMITED — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…
Circumstantial evidence – Last seen theory, the arrest of the accused, the recovery of material objects and the call details produced, do not conclusively complete the chain of evidence and do not establish the fact accused committed the murder of the children –
SUPREME COURT OF INDIA DIVISON BENCH RAVINDER SINGH @ KAKU — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Criminal…
Income Tax Act, 1961 – Section 148 – Reassessment Notices – Revenue ought to have been permitted to proceed further with the reassessment proceedings as per the substituted provisions of sections 147 to 151 of the IT Act as per the Finance Act, 2021,
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. ASHISH AGARWAL — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…
Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (State Act), which has the effect of annulling the awards which have become “Rules of Court”, is a transgression on the judicial functions of the State and therefore, violative of doctrine of “separation of powers”
SUPREME COURT OF INDIA DIVISON BENCH THE SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT AND OTHERS — Appellant Vs. JAMES VARGHESE AND OTHERS — Respondent ( Before : L. Nageswara…
Designating Senior Advocate – HELD clarify the situation and direct that instead of ten marks to be allocated to a counsel who has put in between ten to twenty years of practice, the marks be allocated commensurate with the standing of the person at the Bar, that is to say, one mark each shall be allocated for every year of practice between ten to twenty years.
SUPREME COURT OF INDIA FULL BENCH AMAR VIVEK AGGARWAL AND OTHERS — Appellant Vs. HIGH COURT OF PUNJAB AND HARYANA AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…
Criminal case indeed was of trivial nature – Order of discharge passed by the competent authority is not sustainable – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Sanjiv Khanna, JJ. ) Civil Appeal…