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(201) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Interpretation of Contract - A commercial document cannot be interpreted in a manner that is at odds with the original purpose and intendment of the parties to the document - A deviation from the plain terms of the contract is warranted only when it serves business efficacy better.
India Law Library Docid # 1603738

(202) ANKITA THAKUR AND OTHERS Vs. THE H.P. STAFF SELECTION COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Service Law - Relaxation - Eligibility qualifications - State had power to relax the eligibility criteria, the same could not have been done mid-stream without giving wide publicity of such change, and opportunity to similarly situated candidates to apply and compete with others - Eligibility criteria / conditions, unless provided otherwise in the extant rules or the advertisement, must be fulfilled by the candidate by the last date for receipt of applications specified in the advertisement - If
India Law Library Docid # 1603739

(203) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 09-11-2023
Constitution of India, 1950 - Article 32 - Writ Petition - Direction to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies(i) Learned Chief Justices of the High Courts shall register a suo-motu case with the title, “In Re: designated courts for MPs/MLAs” to monitor early disposal of criminal cases pending against the members of Parliament and Legislative Assemblies - The suo-motu case may be heard by the Special
India Law Library Docid # 1603740

(204) DILIP B JIWRAJKA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Constitution of India, 1950 - Articles 14 and 21 - Insolvency and Bankruptcy Code 2016 - Sections 95 to 100 - Constitutional validity of Sections 95 to 100 of the Insolvency and Bankruptcy Code 2016 is upheld - Provisions of Section 95 to Section 100 of the IBC are not unconstitutional as they do not violate Article 14 and Article 21 of the Constitution - Resolution professional in exercise of their duty under Section 99 may not embark on a roving enquiry into the affairs of the debtor or person
India Law Library Docid # 1603757

(205) M/S. IFCI LIMITED Vs. SUTANU SINHA AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Insolvency and Bankruptcy Code, 2016 - Section 62 - Second appeal - Question of law - Jurisdiction under Section 62 of IBC - Jurisdiction is restricted to a question of law akin to a second appeal - Law does not envisage unlimited tiers of scrutiny and every tier of scrutiny has its own parameters - Thus, the lis inter se the parties has to be analyzed within the four corners of the ambit of the statutory jurisdiction conferred on this Court - Appeal does not raise any such question of law and t
India Law Library Docid # 1603767

(206) STATE OF U.P. AND ANR. ETC. Vs. BALESHWAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
This is an unfortunate litigation which arises out of bifurcation of the State of Uttar Pradesh into the State of Uttaranchal, which was subsequently renamed as Uttarakhand, and the State of Uttar Pradesh, by virtue of the provisions of the U.P. Reorganization Act, 2000. Interestingly, the bifurcation was given effect exactly 23 years back on 9th November, 2000. Today, we have a case of the first respondent - Baleshwar Singh, who was admittedly an employee of the undivided State of Uttar Pradesh
India Law Library Docid # 1603784

(207) SANJAY BABU LAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 08-11-2023
We have perused the trial Court records with reference to the statement of Lt. Col. (Dr.) T.S. Bhatti (PW-11), the statement made by the appellant - Sanjay Babu Lal under Section 313 of the Code of Criminal Procedure, 1973, as also, Exhibits PQ (Medical Case Sheet), PR (Proceedings of Medico-legal case) and PV (Site Plan). We have also perused the photographs, which are marked as Exhibits PC to PE.
India Law Library Docid # 1603733

(208) HARIPRASAD @ KISHAN SAHU Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 07-11-2023
Penal Code, 1860 (IPC) - Evidence Act, 1972 - Section 32 - Murder by poisoning - Dying declaration - A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone - Conviction and sentence set-aside - Appeal allowed.
India Law Library Docid # 1603718

(209) THANKAMMA BABY Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI, KERALA [SUPREME COURT OF INDIA] 07-11-2023
Employees Provident Fund And Miscellaneous Provisions Act, 1952 - Section 1(3)(B) - Establishments of factories - Clause (a) of sub-Section (3) is applicable only to those factories engaged in any industry specified in Schedule I - Clause (b) of sub-Section (3) is applicable to all other establishments which are not covered by clause (a) of sub-Section (3) provided such establishments are notified by a notification issued by the Central Government which is published in the official Gazette. Clau
India Law Library Docid # 1603724

(210) MOHAR SINGH (DEAD) THROUGH LRS. AND OTHERS Vs. STATE OF UTTAR PRADESH COLLECTOR AND OTHERS [SUPREME COURT OF INDIA] 07-11-2023
Land Acquisition Act, 1894 - Sections 4(1), 18 and 34 - Compensation - Enhancement of - Delay in filing appeal - Acquisition of land - Inordinate delay in filing appeal in compensatory matters, per se, may not be fatal as the rights and equities between the parties can be well balanced by denying the statutory benefits, such as interest for the delayed period - Delay in filing the first appeal(s) could be condoned subject to the condition that the appellants would not be entitled to enure undue
India Law Library Docid # 1603768

(211) JYOTIRMAY RAY Vs. THE FIELD GENERAL MANAGER, PUNJAB NATIONAL BANK AND OTHERS [SUPREME COURT OF INDIA] 06-11-2023
Payment of Gratuity Act, 1972 - Section 4 - Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, 1977 - Regulation 4 - Forfeiture of gratuity - Compulsory retirement; removal from service which shall not be a disqualification for future employment and dismissal which shall ordinarily be a disqualification for future employment are distinct and separate punishments - Act of forfeiture of gratuity is not envisaged as the provisions are silent on the aspect of forfeiture in c
India Law Library Docid # 1603719

(212) M/S MODI NATURALS LIMITED Vs. THE COMMISSIONER OF COMMERCIAL TAX UP [SUPREME COURT OF INDIA] 06-11-2023
Uttar Pradesh Value Added Tax Act, 2008 - Sections 13 and 13(3)(b) - Input Tax Credit - Production of VAT goods and by-products or waste products - Section 13(3)(b), however, leaves a grey area with respect to cases where the process of manufacture results in the production of VAT goods and by-products or waste products - In such cases, the legislature has done well to take care of the grey area by providing for another legal fiction in the form of Explanation (iii) to Section 13 wherein it is p
India Law Library Docid # 1603721

(213) UNION OF INDIA AND OTHERS Vs. DILIP PAUL [SUPREME COURT OF INDIA] 06-11-2023
This appeal is at the instance of the Union of India and others being the unsuccessful respondents before the High Court and is directed against the judgement and order dated 15.05.2019 passed by the Gauhati High Court in Writ Petition (C) No. 7876 of 2015 by which the High Court allowed the writ petition filed by the respondent herein (original petitioner) and thereby set aside the order of penalty of withholding of 50% pension for all times to come, imposed upon the respondent herein in connec
India Law Library Docid # 1603722

(214) LOMBARDI ENGINEERING LIMITED Vs. UTTARAKHAND JAL VIDYUT NIGAM LIMITED [SUPREME COURT OF INDIA] 06-11-2023
This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act 1996”) filed at the instance of a company based in Switzerland and engaged in the business of design consultancy seeking appointment of an arbitrator for the adjudication of disputes and claims emanating from the Contract dated 25.10.2019 entered into between the petitioner and respondent i.e., Uttarakhand Vidyut Nigam Limited (a wholly owned corporation of the Government of Uttarakhand).
India Law Library Docid # 1603723

(215) MANJUNATH AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 06-11-2023
Criminal Law - Acquittal - Presumption of innocence in favour of the accused is bolstered if the trial court hands down an acquittal - A Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration - Time and again that an acquittal will only be overturned in the presence of very compelling reasons
India Law Library Docid # 1603725

(216) ADITI ALIAS MITHI Vs. JITESH SHARMA [SUPREME COURT OF INDIA] 06-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 125 - Maintenance to minor daughter - Appeal against reduction - Family Court had fixed maintenance for minor daughter Rs. 20,000/- Per Month, which was reduced to Rs. 7,500/- Per Month by High Court - A perusal of the order passed by the High Court shows that the amount of maintenance awarded to the appellant-minor daughter was reduced from Rs. 20,000/- to Rs. 7,500/- per month, merely noticing that earlier, the father was in business - However, at
India Law Library Docid # 1603726

(217) M/S MULTICON BUILDERS Vs. SUMANDEVI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2023
Partition Suit - In case any property in possession of any of the co-sharers comes to his share it can very well be protected - Demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority.
India Law Library Docid # 1603727

(218) JAFFAR ALI NAWAB ALI CHAUDHARI AND OTHERS Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI [SUPREME COURT OF INDIA] 06-11-2023
Town Planning Scheme - Rehabilitation or Compensation - In terms of the Town Planning Scheme, notified on 01.08.1994 and subsequent circulars, the claim of any occupant of the property is required to be considered for rehabilitation or for payment of compensation - Appellants are still in possession of the property, which is stated to be coming in the alignment of 60 feet T.D. Road - Appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of
India Law Library Docid # 1603728

(219) SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. Vs. E. VANAJA AND OTHERS [SUPREME COURT OF INDIA] 06-11-2023
Hindu Succession Act, 1956 - Sections 15 (1)(a) and 16 - Suit for Partition - Joint Hindu Family - A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband - Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share
India Law Library Docid # 1603729

(220) STATE OF KARNATAKA Vs. T. NASEER @ NASIR @ THANDIANTAVIDA NASEER @ UMARHAZI @ HAZI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 311 - Evidence Act, 1972 - Section 65B - Re-summon of material witness and permission to produce the report and certificate under Section 65B of the Act - 2008 Bangalore Bomb Blasts Case - Delay of six years in producing the certificate - Certificate under 65-B of the Act can be produced at any stage if the trial is not over - Fair trial in a criminal case does not mean that it should be fair to one of the parties - Rather, the object is that no gu
India Law Library Docid # 1603730