Grant of Protection of three weeks to Arnab Goswami from any coercive action on Multiple FIRs against him – In addition to the personal security provided to the petitioner, if a request is made by the petitioner to the Commissioner of Police, Mumbai
Docid # IndLawLib/1464844 SUPREME COURT OF INDIA DIVISION BENCH ARNAB RANJAN GOSWAMI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud and M.R. Shah,…
Evidence Act, 1872 – Section 68 – Will – Proof of – Mere proof of the document in accordance with the requirements of Section 68 of the Evidence Act is not final and conclusive for acceptance of a document as a Will – When suspicious circumstances exist and the suspicions have not been removed, the document in question cannot be accepted as a Will – Appeal dismissed
SUPREME COURT OF INDIA FULL BENCH SHIVAKUMAR AND OTHERS — Appellant Vs. SHARANABASAPPA & ORS. — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ. )…
Delhi Higher Judicial Service Rules, 1970 – Rule 27 – Constitutional validity – Criteria for appointment of a member of higher judicial service to the post of District Judge and Sessions Judge or its equivalent – HELD “while raising grievances with regard to the impact and effect of ACR gradings, the appellant appears to have missed out the fundamental factor that for the promotions in question, an individual”s minimum merit, by itself, was not going to be decisive, but the relevant factor was going to be comparative merit of the persons in the zone of consideration”.
SUPREME COURT OF INDIA DIVISION BENCH SUJATA KOHLI — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF DELHI AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…
Double Taxation Avoidance Agreement – Articles 5(3)(e) and 7 – Liability to tax under DTAA – Meaning of expressions “business connection” and “business activity” has been articulated. HELD And since by a legal fiction it is deemed not to be a PE of the respondent in India, it is not amenable to tax liability in terms of Article 7 of the DTAA – High Court justly reckoned the same as being of preparatory or auxiliary character, falling under Article 5(3)(e) – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. U.A.E. EXCHANGE CENTRE — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. )…
Rajasthan Land Acquisition Act, 1953 – Sections 4 and 6 – Arbitration Act, 1940 – Section 17 – Contract Act, 1872 – Section 23 – Execution of Award – Execution of an award can be only to the extent what has been awarded/decreed and not beyond the same – Arbitrator in its Award had only declared the price of land and nothing more – Thus, the question of execution of a sale deed of the land at the price so declared by the Arbitrator in its Award, could not be directed
SUPREME COURT OF INDIA DIVISION BENCH FIRM RAJASTHAN UDYOG AND OTHERS — Appellant Vs. HINDUSTAN ENGINEERING AND INDUSTRIES LTD. — Respondent ( Before : Uday Umesh Lalit and Vineet…
Chit Funds Act, 1982 – Section 64 (1)(A) – Civil Procedure Code, 1908 (CPC) – Order 21 Rule 89 and Section 151 – Auction – Merely a guarantor and not a borrower and that the entire due amount was deposited by respondent No. 1 with the respondent No. 2 – Chits Company, HELD since the Revision had been filed within less than a week of the auction and entire dues had been settled, the confirmation of the auction was not justified. – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH PAUL — Appellant Vs. T. MOHAN AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal…
West Bengal Cooperative Societies Rules, 2011 – Rule 133(1) – Membership – It is clear that besides the initial amount of Rs. 3.86 lakhs, the petitioners did not deposit any further amount and kept disputing the demands raised by the Housing Society – HELD the order of the Society expelling the petitioners had come into effect and thereafter the six flats have already been allotted to six different persons, who have deposited the requisite amounts – Application dismissed.
SUPREME COURT OF INDIA DIVISION BENCH SK JALALUDDIN AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : R.F. Nariman and Vineet Saran,…
Penal Code, 1860 (IPC) – Sections 34, 302, 363, 364A – Evidence Act, 1872 – Sections 65(B) and 114 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Kidnapping and death – Modification in sentence – Motive of the accused to take life was to become rich by not doing hard work but by demanding ransom after kidnapping a young, innocent boy of 8 years – Present case falls short of the “rarest of rare” cases where a death sentence alone deserves to be awarded to the appellants – SC Commutes Death Sentence To Life Imprisonment Without Remission For 25 Yrs
SUPREME COURT OF INDIA FULL BENCH ARVIND SINGH — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Hemant Gupta, JJ.…
Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 21(1)(a) – Release of Shop – Mere receipt of notice having been sent under certificate of posting, in itself, may not be sufficient proof of service, but if the same is coupled with other facts and circumstances which go to show that the party had notice, the same could be held to be sufficient service on the party.
SUPREME COURT OF INDIA DIVISION BENCH MOHD. ASIF NASEER — Appellant Vs. WEST WATCH COMPANY THROUGH ITS PROPRIETOR — Respondent ( Before : R. Banumathi and Vineet Saran,…
SC Upholds The Constitutional Validity of Clause(f) of Section 43B of Income Tax Act, 1961 HELD that clause (f) seeks to mitigate a mischief i.e. the absence of this clause would entail in a double benefit to the employer- advance deduction from tax liability without any burden of actual payment and refusal to pay as and when occasion arises.
SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EXIDE INDUSTRIES LIMITED AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta and Dinesh…