ive

Latest Cases

(161) DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI AND ANOTHER Vs. M/S SAMSUNG HEAVY INDUSTRIES CO. LIMITED [SUPREME COURT OF INDIA] 22-07-2020
Double Taxation Avoidance Agreement between India and Korea - Article 5(1) - No permanent establishment has been set up within the meaning of Article 5(1) of the DTAA, as the Mumbai Project Office cannot be said to be a fixed place of business through which the core business of the Assessee was wholly or partly carried on.

(162) NORTH DELHI MUNICIPAL CORPORATION Vs. KAVINDER AND OTHERS [SUPREME COURT OF INDIA] 21-07-2020
Service Law - Appointment - Post of Labour Welfare Superintendent - Eligibility - MBA degree cannot be regarded as allied to a post graduate degree or diploma in Social Work, Labour Welfare, Industrial Relations or Personnel Management.

(163) VISHAL VIJAY KALANTRI Vs. DBM GEOTECHNICS & CONSTRUCTIONS PVT LTD. AND ANOTHER [SUPREME COURT OF INDIA] 20-07-2020
This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (I.B. code, for short) is directed against the order dated 12.03.2020 passed by the National Company Law Appellate Tribunal, New Delhi (for short "NCLAT") in Company Appeal (AT) (Insolvency) No.139 of 2018. During the course of its order, the NCLAT observed as under: "11. The voting on the resolution for approval of Settlement Proposal under Section 12A of the I&B Code proposed at the 'Committee of Creditors' Meeting held o

(164) V. KALYANASWAMY(D) BY LRS. AND ANOTHER Vs. L. BAKTHAVATSALAM (D) BY LRS . AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Evidence Act, 1872 - Sections 68 and 69 - Will - Both the attesting witnesses to the Will were dead - Requirement under Section 68 of the Evidence Act was not fulfilled - Deposition of one of the attesting witnesses to the Will did not establish due execution of the Will, in that, it did not establish the attestation of the Will by the other alleged attesting witness - A case covered under Section 69 of the Evidence Act, the requirement pertinent to Section 68 of the Evidence Act that the attest

(165) PYARE LAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 17-07-2020
Penal Code, 1860 (IPC) - Section 302 and 34 - Criminal Procedure Code, 1973 (CrPC) - Section 433-A - Constitution of India, 1950 - Article 161 - Murder - Remission of sentences - Whether in exercise of power conferred under Article 161 of the Constitution a policy can be framed, where under certain norms or postulates are laid down, on the satisfaction of which the benefit of remission can thereafter be granted by the Executive without placing the facts or material with respect to any of the cas

(166) M/S. ULTRATECH CEMENT LTD. AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Rajasthan Value Added Tax Act, 2003 - Section 33 - Capital Investment Subsidy - Refund of excess amount - When availing of subsidy to the tune of 75% (and thereby availing 25% in excess) is not referable to any misrepresentation by the appellants and there is no allegation of breach of any of the conditions of RIPS-2003 by the appellants while availing such benefit, the respondent cannot be held entitled to demand interest at the rate stipulated in Clause 10 of RIPS-2003. However, and at the sam

(167) THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. AAM AADMI LOKMANCH AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Environment Law - Maharashtra Regional and Town Planning Act, 1966 - Section 154 - Degradation of environment to large extent due to hill cutting at Katraj Ghat - Penalty for causing damage to environment - Appellants argue that the Bombay High Court also fell into error and did not appreciate that the entire basis of the Directions/Resolution of 14.11.2017 by the State of Maharashtra where the directions issued by the NGT. Highlighting various provisions of the MRTP Act, learned counsel argued

(168) ARJUN PANDITRAO KHOTKAR Vs. KAILASH KUSHANRAO GORANTYAL AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Evidence Act, 1872 - Section 65B(4) - Admissibility of evidence by way of electronic record - Certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record - In a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to th

(169) RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY AND ANOTHER Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 - Rule 4 - Fixation of fees - A writ petition was filed dated 29.07.2019 by the petitioners in which this interim fixation was challenged as being violative of the aforesaid Regulation 4 - The interim fee fixed by the Andhra Pradesh Government without following the drill of Rule 4 has correctly been found to be prima facie illegal and has therefore correctly been suspended by the learned

(170) STATE TRADING CORPORATION OF INDIA LTD. Vs. JINDAL STEEL AND POWER LIMITED AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Being aggrieved by Order dated 04.06.2020 passed by the High Court of Delhi in FAO(OS) (COMM)No.61 of 2020 in and by which the High Court has directed the appointment of Arbitrator and other directions, the appellant-State Trading Corporation has filed the present appeal. The appellant--State Trading Corporation of India Ltd. (STC) has entered into an Associate Agreement with the first respondent-Jindal Steel & Power Limited (JSPL) for supply of 1.50 lakh MT of steel rails manufac

(171) SRI MARTHANDA VARMA (DEAD) THROUGH LRS. AND ANOTHER Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 13-07-2020
Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 2(aa) and 18(2) - Powers of "the Ruler of Travancore" under Section 18(2) of the TC Act shall stand delegated to the Administrative Committee while the Advisory Committee shall be deemed to be the Committee constituted in terms of Section 20 of the TC Act as suggested by Ex-Royal Family - It is made clear that all the members including the Chairpersons of the Administrative Committee and the Advisory Committee must

(172) IN RE COGNIZANCE FOR EXTENSION OF LIMITATION[SUPREME COURT OF INDIA] 10-07-2020
Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings - Therefore, consider it appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. However, if a party intends to effect service by means of said instant messaging ser

(173) DAHIBEN Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 09-07-2020
. Limitation Act, 1963 - Article 59 - Suit will be barred by limitation under Article 59 of the Limitation Act, if it was filed beyond three years of the execution of the registered deed.

(174) ARYAN RAJ Vs. CHANDIGARH ADMINISTRATION AND OTHERS [SUPREME COURT OF INDIA] 08-07-2020
Rights of Persons with Disabilities Act, 2016 - Section 34 - Exemption from Aptitude test - Diploma course in Fine Art for physically/mentally challenged students - Scheduled Castes/Scheduled Tribes candidates require 35 per cent to pass in the aptitude test, the same shall apply to the disabled persons.

(175) SAKUNTHALA Vs. STATE [SUPREME COURT OF INDIA] 08-07-2020
Mr. Thomas Franklin Caesar, learned counsel, appears on behalf of the appellant. He has submitted before us that given our judgment in K. S. Panduranga v. State of Karnataka, (2013) 3 SCC 721, an appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in-person or the counsel representing him, is not present. Given this judgment, we are inclined to agree with the appellant. Nobody appears

(176) REEPAK KANSAL Vs. SECRETARYGENERAL, SUPREME COURT OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-07-2020
Constitution of India, 1950 - Article 32 - When the pandemic is going on, baseless and reckless allegations are made against the Registry of this Court, which is part and parcel of the judicial system - This Court take judicial notice of the fact that such evil is also spreading in the various High Courts, and Registry is blamed unnecessarily for no good reasons - Expect members of the noble fraternity to respect themselves first - They are an intellectual class of the society. What may be prope

(177) ARUNA OSWAL Vs. PANKAJ OSWAL AND OTHERS [SUPREME COURT OF INDIA] 06-07-2020
Companies Act, 2013 - Sections 241 and 242 - Inheritance of shares - Basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act - Thus, filing of the petition under sections 241 and 242 seeking waiver is a misconceived exercise, firstly, respondent no.1 has to firmly establish his right of inheritance before a civil court to the extent of the shares he is clai

(178) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SATINDER KAUR @ SATWINDER KAUR AND OTHERS [SUPREME COURT OF INDIA] 30-06-2020
Motor Vehicles Act, 1988 - Section 168 - Accidental Death - Contributory negligence - Loss of consortium and loss of love and affection - Income of the deceased in 1984 as per his Employment Contract, was 750 Qatari Riyal p.m. - A comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium - Loss of love and affection is comprehended in loss of consortium - Tribunals and High Courts are directed to award compensation for loss of con

(179) THE COMMERCIAL TAX OFFICER AND ANOTHER Vs. MOHAN BREWARIES AND DISTRILLERIES LIMITED [SUPREME COURT OF INDIA] 29-06-2020
Tamil Nadu General Sales Tax, 1959 - Section 7A - Levy of purchase Tax - Purchase of empty bottles - Course of business of manufacture and sale of Beer and IMFL - Entire scheme of Section 7-A of the Act, nowhere any exception is provided that if a particular commodity or goods would be subjected to sales tax in the event of their sale, they may not be liable to purchase tax - On the contrary, as rightly observed by the High Court, even if the bottles had been purchased after payment of sales tax

(180) MOHD. INAM Vs. SANJAY KUMAR SINGHAL AND OTHERS [SUPREME COURT OF INDIA] 26-06-2020
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 12, 16, 16(1)(b) and 18 - Appeal against order of allotment or release - Sub-letting the property to some other persons who were not the family members of the tenant - A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother's son and their families - As such, the inspection report clearly established, that no pers
(2020) 6 JT 571