Arbitration and Conciliation Act, 1996 – Section 12 – Time limit for arbitral award – Appointment of the Sole Arbitrator is subject to the declarations made under Section 12 of the Arbitration and Conciliation Act, 1996 (as amended) Parties are directed to approach the Indian Council of Arbitration within a period of 2 weeks to fix the date of the arbitral proceedings.
SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. M/S. PROGRESSIVE CONSTRUCTION LIMITED — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. )…
(CrPC) – Ss 320, 320(2) &320(5) – (IPC) – S 324 – Custodial Death – A case where the accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night – Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5).
SUPREME COURT OF INDIA DIVISION BENCH PRAVAT CHANDRA MOHANTY — Appellant Vs. THE STATE OF ODISHA AND ANOTHER — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ. )…
Appellant has a disability in the form of dysgraphia, commonly known as a Writer’ Cramp – Appellant requested the UPSC to provide him with a scribe for the examination – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH VIKASH KUMAR — Appellant Vs. UNION PUBLIC SERVICE COMMISSION AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indira Banerjee and Sanjiv…
Relief has been sought is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and in the alternative (iii) ensuring that the construction is carried out and that the premises are handed over within a reasonable period of time -Entertaining a petition of this nature will involve the Court in virtually carrying out a day to day supervision of a building project
SUPREME COURT OF INDIA DIVISION BENCH UPENDRA CHOUDHURY — Appellant Vs. BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…
Kerala Private Forest (Vesting and Assignment) Act, 1971 – Section 8 – Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 -It is just and proper that even if the respondents are not compensated for the value of the land, they need to be compensated for the benefits arisen out of the lands for the period they were kept out of possession by action of the respondents, treating it to be vested land under Act, 1971
SUPREME COURT OF INDIA FULL BENCH THE CONSERVATOR AND CUSTODIAN OF FOREST AND OTHERS — Appellant Vs. SOBHA JOHN KOSHY AND ANOTHER — Respondent ( Before : Ashok Bhushan, R.…
Heart ailment – Section 2(i) of the Act takes into account visual disability, locomotor disability, mental illness, mental retardation, hearing impairment and leprosy – A heart ailment is not covered within the definition of disability in the Act – When the 1995 Act was replaced by the Rights of Persons with Disabilities Act, 2016,
SUPREME COURT OF INDIA FULL BENCH NAWAL KISHORE SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy,…
Societies Registration Act, 1860 – Sections 10 and 24 – Held, the appellants who are otherwise eligible to be enrolled as members of the Society in their own rights need not be denied of the same – They have a right to be considered for being admitted as members of the Society by the newly elected Managing Committee.
SUPREME COURT OF INDIA DIVISION BENCH SWATI ULHAS KERKAR AND OTHERS — Appellant Vs. SANJAY WALAVALKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and S. Ravindra Bhat, JJ.…
Dishonour of Cheque – Presumption – Discharge of debt – Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act,
SUPREME COURT OF INDIA FULL BENCH M/S. KALAMANI TEX AND ANOTHER — Appellant Vs. P. BALASUBRAMANIAN — Respondent ( Before : N.V. Ramana, Surya Kant and Aniruddha Bose, JJ. )…
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 – Regulations 18(15)(c) and 39(2)(a) – Winding up of mutual fund schemes – Consent of the unit holders would mean consent by majority of the unit holders who have participated in the poll, and not consent of majority of all the unit holders of the scheme.
SUPREME COURT OF INDIA DIVISION BENCH FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER — Appellant Vs. AMRUTA GARG AND OTHERS ETC — Respondent ( Before : S. Abdul Nazeer…
Insolvency and Bankruptcy Code, 2016 – Sections 9 and 10A – retrospective bar on the filing of applications for the commencement of CIRP during the stipulated period does not extinguish the debt owed by the corporate debtor or the right of creditors to recover it.
SUPREME COURT OF INDIA DIVISION BENCH RAMESH KYMAL — Appellant Vs. M/S SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED — Respondent ( Before : Dr Dhananjaya Y Chandrachud and MR Shah,…