Textile Undertakings (Nationalisation) Act, 1995 – Sections 4(2), 4(5), 7 and 20 – Loan – Recovery proceedings – Claim by the lender Bank towards which a decree had already been granted in respect of one claim and the other claim is pending consideration. The fact as to whether in the matter of take over, the liabilities were also included is one aspect of the matter HELD This is an aspect which is to be examined after providing opportunity to the parties, if need be, after tendering evidence in that regard – Question of liability could neither have been decided in the writ proceedings before the High Court nor in this appeal
SUPREME COURT OF INDIA FULL BENCH UCO BANK — Appellant Vs. NATIONAL TEXTILE CORPORATION LIMITED AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…
HELD “…….. once the testator has given an absolute right and interest in his entire property to a devisee it is not open to the testator to further bequeath the same property in favour of the second set of persons in the same will, a testator cannot create successive legatees in his will. The object behind is that once an absolute right is vested in the first devisee the testator cannot change the line of succession of the first devisee.”
SUPREME COURT OF INDIA DIVISION BENCH M.S. BHAVANI AND ANOTHER — Appellant Vs. M.S. RAGHU NANDAN — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. )…
All India Council of Technical Education Act, 1987 – Section 2(g) – Technical education – Having realized the difficulties in view of dual regulations of pharmacy education under the PCI and AICTE HELD Therefore, even according to the Union of India, the word ‘pharmacy’ is to be deleted from the definition of ‘technical education’ contained in Section 2(g) of the AICTE Act.
SUPREME COURT OF INDIA FULL BENCH THE PHARMACY COUNCIL OF INDIA — Appellant Vs. DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND OTHERS — Respondent ( Before :…
Income Tax Act, 1961 – Section 80IA and 80IA(4)(i)(b) – – Deduction – As regards clause (b) of Section 80IA(4)(i), HELD the ITAT, as well as, the High Court have justly affirmed the view taken by the first appellate authority, holding that the respondent/assessee Company qualified for the deduction under Section 80IA being an enterprise carrying on the stated business pertaining to infrastructure facility Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX, UDAIPUR — Appellant Vs. M/S. CHETAK ENTERPRISES PRIVATE LIMITED — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…
Central Civil Services (Revised Pay) Rules, 2008 – Section 1 – Modified Assured Career Progression Scheme (MACP)- ACP Scheme which is now superseded by MACP Scheme is a matter of government policy – Interference with the recommendations of the expert body like Pay Commission and its recommendations for the MACP, would have serious impact on the public exchequer – HELD Impugned orders cannot be sustained and are liable to be set aside – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M.V. MOHANAN NAIR — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…
Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of arbitrator – Arbitration agreement entered into between the parties provides Hong Kong as the place of arbitration – Agreement between the parties choosing “Hong Kong” as the place of arbitration by itself will not lead to the conclusion that parties have chosen Hong Kong as the seat of arbitration -HELD Section 11 has no application to “International Commercial Arbitrations” seated outside India – Words in Clause 17.1 “without regard to its conflicts of laws provisions and courts at New Delhi shall have the jurisdiction” do not take away or dilute the intention of the parties in Clause 17.2 that the arbitration be administered in Hong Kong
SUPREME COURT OF INDIA FULL BENCH MANKASTU IMPEX PRIVATE LIMITED — Appellant Vs. AIRVISUAL LIMITED — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. ) Arbitration…
HELD Uttar Pradesh Higher Judicial Services – Judicial review – Dismissal – Disciplinary action – Natural suspicion as to the integrity and honesty of the appellant in several land acquisition cases – Held, There is no explicit mention of any extraneous consideration being actually received or of unbecoming conduct on the part of the appellant – The order of dismissal dated 17.01.2006 passed by Respondent No. 1 is set-aside, and the appellant’s prayers for reinstatement with consequential benefits including retiral benefits, is accepted.
SUPREME COURT OF INDIA FULL BENCH SADHNA CHAUDHARY — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI , B.R. Gavai and Surya Kant,…
Registration Act, 1908 – Section 17(1)(d) – Leases of immovable property – Lease deeds allegedly executed between the defaulting rice miller(s) and the respondent(s), as they do not satisfy the statutory requirements of Section 17(1) (d) HELD The writ petitions filed by the respondent lessees are dismissed, however, with liberty to pay dues with penalty/interest of the original rice millers and thereafter on production of ‘No Dues Certificate’ seek allocation of paddy for custom milling in accordance with the policy of FCI.
SUPREME COURT OF INDIA FULL BENCH FOOD CORPORATION OF INDIA AND ANOTHER — Appellant Vs. M/S. V.K. TRADERS AND OTHERS — Respondent ( Before : S.A. Bobde, CJI , B.R.…
Consumer Protection Act, 1986 – Section 2(d) – Meaning of “Consumer” – Destruction of some part of the crop – Respondent lodged a consumer complaint alleging negligence and breach of contract on the part of the Appellant on the ground that the Appellant failed to buy back her produce, leading to the destruction of the greater part of the crop – Appellant contested the farmers’ claims before consumer fora on the preliminary point of maintainability right up to this Court, HELD Tendency to resist even the smallest of claims on any ground possible, by exploiting the relatively greater capacity of seed companies to litigate for long periods of time, amounts to little more than harassment of agriculturists, Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH M/S NANDAN BIOMATRIX LIMITED — Appellant Vs. S. AMBIKA DEVI AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy,…
V IMP :: Expeditious Adjudication Of Cheque Bounce Cases: SC Registers Suo Motu Writ Petition HELD “A matter which is supposed to be disposed of summarily by the trial court in six months, it took seven years for this case to be disposed of at the trial court level. A dispute of such nature has remained pending for 15 years in various courts, taking judicial time and space up till this Court”
Expeditious Adjudication Of Cheque Bounce Cases: SC Registers Suo Motu Writ Petition [Read Order] LIVELAW NEWS NETWORK 7 March 2020 7:28 PM The Supreme Court has registered a Suo Motu…