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(201) ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRA Vs. MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 18-04-2023
Tender Process - Action of imposing the penalty without putting notice to party cannot be approved.
India Law Library Docid # 1603056

(202) M/S SUNEJA TOWERS PRIVATE LIMITED AND ANOTHER Vs. ANITA MERCHANT [SUPREME COURT OF INDIA] 18-04-2023
Consumer Protection Act, 1986 - Section 2(d) - For award of compound interest, relevant factors shall have to be taken into account which would include uncertainties of market and several other imponderables - If at all by way of compensation, the Consumer Forum considers it proper to examine the time value for money, an in-depth and thorough analysis would be required while taking into account all the facts and the material surrounding factors, including those of realities as also uncertaintie
India Law Library Docid # 1603061

(203) AKHIL GOGOI Vs. THE STATE (NATIONAL INVESTIGATION AGENCY) AND OTHERS [SUPREME COURT OF INDIA] 18-04-2023
Penal Code, 1860 (IPC) - Sections 120B, 124A, 153A and 153B - Unlawful Activities (Prevention) Act, 1967 - Sections 18 and 39 - Bail - This is not a case where the petitioner should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly - In cases of preventive detention, the purpose of detaining a person in police/judicial custody, is either to facilitate fair and proper investigation or as a measure of penalty after conviction - In this
India Law Library Docid # 1603069

(204) GADDIPATI DIVIJA AND ANOTHER Vs. PATHURI SAMRAJYAM AND OTHERS [SUPREME COURT OF INDIA] 18-04-2023
Specific Relief Act, 1963 - Section 16 - Personal bars to relief - 2018 Amendment was not a mere procedural enactment, but it had substantive principles built into its working, and, as such, the said Amendment is prospective in nature and cannot apply to those transactions that took place prior to its enforcement - Therefore, in the present case, Section 16, as it stood prior to the 2018 Amendment, would be applicable, since the matter dates back to 2002 - Prior to the 2018 Amendment, clause (c)
India Law Library Docid # 1603071

(205) NARSI CREATION PVT. LTD. AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 18-04-2023
Arbitration - Courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed.
India Law Library Docid # 1603072

(206) DELMA LUBNA COELHO Vs. EDMOND CLINT FERNANDES [SUPREME COURT OF INDIA] 18-04-2023
Constitution of India, 1950 - Article 142 - Irretrievable breakdown of marriage - Marriage had taken place on 05.12.2020 - Parties lived together at their matrimonial home only till 15.01.2021 - Husband and wife had lived together only for 40 days - It takes time to settle down in marriage - This is not a fit case for exercise of power under Article 142 of the Constitution of India as good sense may prevail on the parties - Petition dismissed.
India Law Library Docid # 1603073

(207) FEDRICK CUTINHA Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 18-04-2023
Criminal Procedure Code, 1973 (CrPC) - Section 235(2) - Judgment of acquittal or conviction - Court is obliged to hear the accused persons after their conviction on the quantum of sentence before passing a sentence against them - Even otherwise as a general rule, the trial court is duty bound to adjourn the matter to a future date after recording the conviction so as to call upon both the sides to hear on the question of sentence before sentencing the accused persons - Principle of according opp
India Law Library Docid # 1603074

(208) SECURITY PRINTING AND MINTING CORPORATION OF INDIA LTD. AND OTHERS ETC. Vs. VIJAY D. KASBE AND OTHERS ETC. [SUPREME COURT OF INDIA] 18-04-2023
Industrial Disputes Act, 1947 - Section 2(s)(iv) - Factories Act, 1948 - Section 64(1) - Double Over Time Allowance - Sub-clause (iv) of clause (s) of Section 2 of the Industrial Disputes Act, 1947, is conspicuously absent in the corresponding provision in the Factories Act, 1948 - Provisions of the Payment of Wages Act, were not applicable to the respondents herein and as a sequitur, the Proviso to Section 64(1) of the 1948 Act cannot be pressed into service - High Court did not consider the di
India Law Library Docid # 1603075

(209) PUNJAB AND SIND BANK Vs. FRONTLINE CORPORATION LTD. [SUPREME COURT OF INDIA] 18-04-2023
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13 and 34 - Demand notice - Outstanding dues - Interim relief - Jurisdiction of civil court - Appellate Court would not interfere with the exercise of discretion of the court of first instance and substitute its own discretion except where the discretion has been shown to have been exercised arbitrarily.
India Law Library Docid # 1603128

(210) JHABBAR SINGH (DECEASED) THROUGH LEGAL HEIRS AN OTHERS Vs. JAGTAR SINGH S/O DARSHAN SINGH [SUPREME COURT OF INDIA] 17-04-2023
Punjab Land Revenue Act, 1887 - Sections 118 and 121 - Partition - When a decision is taken by the Revenue Officer under Section 118 on the question as to the property to be divided and the mode of partition, the rights and status of the parties stand decided and the partition is deemed to have completed - At this stage, such decision is required to be treated as the "decree" - Consequential action of preparing the instrument of partition as contemplated in Section 121 of the Land Revenue Act wo
India Law Library Docid # 1603046

(211) STATE OF RAJASTHAN Vs. ASHARAM @ ASHUMAL [SUPREME COURT OF INDIA] 17-04-2023
Criminal Procedure Code, 1973 (CrPC) - Section 391 - Additional evidence - Appellate court must be equally, if not more cautious, of the desire to delay the hearing of the appeal, or the attempt to lead additional evidence to explore a chance of contradictory evidence.
India Law Library Docid # 1603048

(212) SOUNDARAJAN Vs. STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE ANTICORRUPTION DINDIGUL [SUPREME COURT OF INDIA] 17-04-2023
Prevention of Corruption Act, 1988 - Sections 7, 13(2) read with Section 13(1)(d) - Demand of bribe/ illegal gratification - There is no circumstantial evidence of demand for gratification in this case. In the circumstances, the offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) have not been established - Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by clauses (i) and (ii) of Section 13(1)(d) c
India Law Library Docid # 1603049

(213) M/S SRI MAHAVIR AGENCY AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 17-04-2023
Prevention of Food Adulteration Act, 1954 - Sections 7, 16(1)(a)(i) and 19(2) - Adulteration of food - Conviction and sentence - Section 19(2) of the Act provides for the defences which are available to a vendor from prosecution under the Act. Sub-clause (ii) of Section 19(2)(a) of the Act provides that a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he purchased the article of food from any manuf
India Law Library Docid # 1603050

(214) YEDALA SUBBA RAO AND ANOTHER Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 17-04-2023
Penal Code, 1860 (IPC) - Section 120B read with Section 302 - Unlawful Activities (Prevention) Act, 1967 - Sections 18, 19, 20 and 39 - Explosives Substances Act, 1908 - Sections 4 and 5 - Bail - Charge has not been framed and the prosecution proposes to examine more than 140 witnesses. Some of the accused are absconding - Thus, there is no possibility of the trial commencing in the near future - There are reasonable grounds for believing that the accusations against the appellants of commission
India Law Library Docid # 1603051

(215) CENTRAL BUREAU OF INVESTIGATION AND OTHERS Vs. SANTOSH KARNANI AND ANOTHER [SUPREME COURT OF INDIA] 17-04-2023
Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2) - Demand of bribe by Income Tax officer - Trap Case - Anticipatory bail granted by the High Court - Appeal against - Manner in which officer forcefully evaded his arrest with the help of his colleagues and got the evidence destroyed, is a strong circumstance to indicate his complicity at this stage though a clear picture would emerge only on completion of investigation - Corruption poses a serious threat to our society and must be
India Law Library Docid # 1603052

(216) SIJU KURIAN Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 17-04-2023
Penal Code, 1860 (IPC) - Section 302 - Evidence Act, 1872 - Section 8 read with Section 27 - Murder - In pursuance to a voluntary statement made by the accused, a fact must be discovered which was in the exclusive knowledge of the accused alone - Merely because the translation was made from Malayalam to Tamil and written down in Kannada would not suggest that such statement be held to be either not being voluntary or the said statement having been recorded improperly - In the teeth of Section 8
India Law Library Docid # 1603054

(217) VIRENDRASING Vs. THE ADDITIONAL COMMISSIONER AND OTHERS [SUPREME COURT OF INDIA] 17-04-2023
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Sections 40 and 16(1)(i) - Disqualification of member of the Zilla Parishad on the basis of misused elected post with the object of gaining undue personal financial benefit - Challenged - Probity in such financial transactions should be the rule rather than the exception - Statutory mandate, whereby activities which tend to defeat the objective of transparency should not be permitted to prevail - Objective of the Maharashtra Zilla Par
India Law Library Docid # 1603055

(218) STATE OF GUJARAT AND ANOTHER Vs. M/S SAW PIPES LTD. (KNOWN AS JINDAL SAW LTD.) [SUPREME COURT OF INDIA] 17-04-2023
Gujarat Sales Tax Act, 1969 - Section 45, 45(6), 47 and 47(4A) - Penalty and interest leviable under Section 45 and 47(4A) of the Act, 1969 are statutory and mandatory and there is no discretion vested in the Commissioner/Assessing Officer to levy or not to levy the penalty and interest other than as mentioned in Section 45(6) and Section 47 of the Act, 1969 - On the eventualities occurring under sub-section (5) of Section 45, there shall be levied penalty mentioned in sub-section (6) of Section
India Law Library Docid # 1603053

(219) IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)[SUPREME COURT OF INDIA] 17-04-2023
Mumbai Metro Rail Corporation Limited seeks a clarification of the order of this Court dated 29 November 2022. By the order of this Court, MMRCL was permitted to move the Tree Authority for felling 84 trees. MMRCL submits that 177 trees have to be felled or, as the case may be, transplanted for the Metro Car Shed Land at Aarey Colony admeasuring approximately 33 hectares for Mumbai Metro Line-3. Permission is hence sought to implement the permission which has been granted on 15 March 2023 by the
India Law Library Docid # 1603068

(220) M/S PLR PROJECTS PVT. LTD. Vs. MAHANADI COALFIELDS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 17-04-2023
This is the last opportunity, failing which we will presume that they will have nothing to say and proceed with the contempt petition. So far as the unserved contemnors are concerned, learned counsel for the petitioner submits that he will take steps to serve these contemnors.
India Law Library Docid # 1603262

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