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(41) M/S. MEENAKSHI SOLAR POWER PVT. LTD. Vs. M/S. ABHYUDAYA GREEN ECONOMIC ZONES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 23-11-2022
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of Arbitrator - The court at the referral stage can interfere only when it is manifest that the claims are ex facie time-barred and dead, or there is no subsisting dispute - In the context of issue of limitation period, it should be referred to the Arbitral Tribunal for decision on merits - Similar would be the position in case of disputed "noclaim certificate" or defence on the plea of novation and "accord and satisfaction" -
India Law Library Docid # 1602393

(42) THE REVENUE DIVISIONAL OFFICER AND ANOTHER Vs. ISMAIL BHAI AND OTHERS [SUPREME COURT OF INDIA] 22-11-2022
Acquisition of land - Development charge - Land owners, whose land has been utilized 40 years back, now cannot be compelled to pay the development charge for the development which has already taken place, only for a parcel of land to which they have not given compensation up to decades.
India Law Library Docid # 1602384

(43) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED Vs. JSW ENERGY LIMITED (EARLIER KNOWN AS JINDAL THERMAL POWER COMPANY LIMITED AND JINDAL TRACTABEL POWER COMPANY LIMITED) AND OTHERS [SUPREME COURT OF INDIA] 22-11-2022
Contract Act, 1872 - Sections 2 and 10 - Contract concluded - As the parties can be said to have entered into a contract or a contract would be said to be concluded only when they are ad idem on all the essential terms of the contract.
India Law Library Docid # 1602385

(44) T. J. PARAMESHWARAPPA @ PARAMESHWARAPPA @ J.T. PARAMESHWARAPPA @ TALALKENA GOWDRA PARAMESHWARAPPA Vs. THE BRANCH MANAGER,NEW INDIA ASSURANCE CO. LTD. AND OTHERS [SUPREME COURT OF INDIA] 18-11-2022
Motor Accident - Permanent disability - Enhancement of compensation - Doctor who treated the claimant has assessed permanent disability of 54% which is on the higher side - As the claimant sustained comminuted fracture of tibia bones of both legs - This Court assess the wholebody disability at 30% and propose to enhance the compensation under the heads of pain and suffering due to two surgeries undergone and future surgeries to be undergone. Also towards loss of future amenities and towards loss
India Law Library Docid # 1602381

(45) THE STATE OF MADHYA PRADESH Vs. M/S SEW CONSTRUCTION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 18-11-2022
Contract Law - Rights and duties of the parties to the contract subsist or perish in terms of the contract itself - Even if a party to the contract is a governmental authority, there is no place for discretion vested in the officers administering the contract - A contractual clause which provides for the finality of rates quoted by the Contractor and disallows any future claims for escalation is conclusive and binding on the parties
India Law Library Docid # 1602382

(46) FOOD CORPORATION OF INDIA AND OTHERS Vs. ABHIJIT PAUL [SUPREME COURT OF INDIA] 18-11-2022
Interpretation of Contract - Process of interpretation, though the exclusive domain of the Court, inheres the duty to decipher the meaning attributed to contractual terms by the parties to the contract.
India Law Library Docid # 1602383

(47) MRS. LEELAMMA MATHEW Vs. M/S INDIAN OVERSEAS BANK AND OTHERS [SUPREME COURT OF INDIA] 17-11-2022
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Section 34 - Suit for recovery of damages/compensation - Bar on Civil Court Jurisdiction - Section 34 of the SARFAESI Act shall be applicable only in a case where the Debt Recovery Tribunal and/or Appellate Tribunal is empowered to decide the matter under the SARFAESI Act - Plaintiff was not challenging the sale/sale certificate - Plaintiff claimed the damages/compensation with respe
India Law Library Docid # 1602374

(48) AMY MEHTA Vs. STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 17-11-2022
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 376, 354, 328 and 120B - Cancellation of Bail - Allegations that the accused had mixed some substance in the drinks that made her lose consciousness and thereafter, he committed the offence on intoxicating her and subjected her to the sexual act - While releasing accused on bail the High Court has not taken into consideration the relevant aspects which are required to be kept in mind while considering the bail
India Law Library Docid # 1602375

(49) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR AND ANOTHER [SUPREME COURT OF INDIA] 17-11-2022
Acquisition of land - Condonation of delay - Enhancement of compensation - Beneficiary of acquisition shall not be saddled with the liability of statutory benefits and the interest which may be available under the Land Acquisition Act, 1894 for the delayed period - In the present case the delay of 22 years can be said to be a substantial delay. However, as the claimants are held to be entitled the enhanced amount of compensation, in the facts and circumstances of the case, the High Court can be
India Law Library Docid # 1602376

(50) M/S POLYFLEX (INDIA) PVT. LTD. Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER [SUPREME COURT OF INDIA] 17-11-2022
Income Tax Act, 1961 - Section 80-IB - Deduction on manufacturing of polyurethane foam - Assessee is manufacturing polyurethane foam and supplying the same in different sizes/designs to the assembly operator, which ultimately is being used for car seats - Assessee is not undertaking any further process for end product, namely, car seats - Polyurethane foam which is supplied in different designs/sizes is being used as ingredient by others, namely
India Law Library Docid # 1602377

(51) PAWAN KUMAR GOEL Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 17-11-2022
The present appeals are directed against the final judgment and order dated 19.11.2019 passed by the High Court of Judicature at Allahabad (hereinafter referred to as “High Court”) in four Criminal Miscellaneous Writ Petitions filed by the Respondents seeking quashing of the summoning order dated 18.03.2013 passed by the Additional Chief Judicial Magistrate-II, Muzaffarnagar (hereinafter referred to as “Magistrate”) and order dated 02.12.2013 passed by the Additional Sessions Judge, Muzaffarnaga
India Law Library Docid # 1602378

(52) THE STATE OF JAMMU AND KASHMIR (NOW U.T. OF JAMMU AND KASHMIR) AND OTHERS Vs. SHUBAM SANGRA [SUPREME COURT OF INDIA] 16-11-2022
Kathua Gang Rape and Murder Case - Juvenility - Determination of age - There is no good reason why overlook or ignore or doubt the credibility of the final opinion given by a team of five qualified doctors, one from the Department of Physiology, one from the Department of Anatomy, one from the Department of Oral Diagnosis, one from the Department of Forensic Medicine and one from the Department of Radio Diagnosis, all saying in one word that on the basis of the physical, dental and radiological
India Law Library Docid # 1602371

(53) SIDRAM Vs. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 16-11-2022
Motor Accident - Permanent disablement - Compensation - Future loss of income - Even in cases of permanent disablement incurred as a result of a motor-accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects as well - Courts should be mindful that a serious injury not only permanently imposes physical limitations and disabilities but too often inflicts deep mental and emotional scars upon the victim
India Law Library Docid # 1602372

(54) VARIMADUGU OBI REDDY Vs. B. SREENIVASULU AND OTHERS [SUPREME COURT OF INDIA] 16-11-2022
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Section 13(2) - Proceedings under Section 13(2) SARFAESI Act - Secured creditor is under an obligation to undertake the exercise and cross­check the description of the mortgaged property at the stage when the initial proceedings under Section 13(2) are initiated or in the later consequential proceedings
India Law Library Docid # 1602373

(55) M.P. POWER MANAGEMENT COMPANY LIMITED, JABALPUR Vs. M/S. SKY POWER SOUTHEAST SOLAR INDIA PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 16-11-2022
The appellant impugns the Judgment of the High Court dated 27.02.2020 in Writ Petition No. 420 of 2019. It further challenges the Order dated 28.12.2020 in Review Petition No. 682 of 2020. By the said Judgment in the Writ Petition, the High Court allowed the Writ Petition filed by the first respondent and quashed the Order dated 07.07.2018, which was passed by the appellant, terminating the Power Purchase Agreement (hereinafter referred to as ‘the PPA’, for short), which was entered into by the
India Law Library Docid # 1602379

(56) KERALA STATE ELECTRICITY BOARD LIMITED AND ANOTHER Vs. RUBFILA INTERNATIONAL LIMITED AND OTHERS [SUPREME COURT OF INDIA] 15-11-2022
The seminal facts relevant for the purpose of disposal of the present appeals are that respondent no. 1 is an industrial unit which started its commercial production on 26th March, 1995 and the unit was energised on 16th September, 1995.
India Law Library Docid # 1602367

(57) SINGAPORE AIRLINES LIMITED Vs. C.I.T., DELHI [SUPREME COURT OF INDIA] 14-11-2022
Income Tax Act, 1961 - Sections 194H and 201(1A) - Contract Act, 1872 - Section 182 - TDS on Commission and Brokerage - In case of Supplementary Commission amounts earned by the travel agent, Section 194H of IT Act is attracted - Section 194H is to be read with Section 182 of the Contract Act - If a relationship between two parties as culled out from their intentions as manifested in the terms of the contract between them indicate the existence of a principal­agent relationship as defined under
India Law Library Docid # 1602366

(58) AMIT SINGH Vs. RAVINDRA NATH PANDEY AND OTHERS ETC. ETC. [SUPREME COURT OF INDIA] 11-11-2022
Service Law - Seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service rules.
India Law Library Docid # 1602361

(59) GIREESAN NAIR AND OTHERS ETC. Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 11-11-2022
Criminal Procedure Code, 1973 (CrPC) - Section 162 - Evidence Act, 1872 - Section 9 - Prevention of Damages to Public Property Act, 1984 - Sections 3(2)(e) - Penal Code, 1860 - Sections 143, 147, 148 and 149 - Violent protest and caused damage to as many as 81 buses belonging to KSRTC leading to the death of a bus conductor
India Law Library Docid # 1602362

(60) R.P. RAVICHANDRAN Vs. STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY AND OTHERS [SUPREME COURT OF INDIA] 11-11-2022
The appellants/applicants have been convicted for offences under the Indian Penal Code, 1860, the Arms Act, 1951, the Explosive Substances Act, 1908, the Passport Act, 1967, the Foreigners Act, 1946, the Indian Wireless Telegraphy Act, 1933 and the Terrorist and Disruptive Activities (Prevention) Act, 1987 for the assassination of Shri Rajiv Gandhi, the Former Prime Minister of India and others, on 21.05.1991. This Court, vide judgment dated 11.05.1999, upheld the conviction and sentence imposed
India Law Library Docid # 1602363

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