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(941) DR. NTR UNIVERSITY OF HEALTH SCIENCES Vs. DR. YERRA TRINADH AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022
Constitution of India, 1950 - Article 226 - Re-evaluation of answer scripts - A practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers under Article 226 of the Constitution of India is disapproved - In any case, in absence of any regulation for re-evaluation of the answer scripts, either in the MCI rules or in the University Rules, the
India Law Library Docid # 1602323

(942) STATE BANK OF INDIA Vs. ASSISTANT COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 04-11-2022
Income Tax Act, 1961 - Section 10(5) - Exemption - Amount received by the employees of the assessee employer towards their Leave Travel Concession (LTC) claims is not liable for the exemption as these employees had visited foreign countries which is not permissible under the law - Moment employees undertake travel with a foreign leg, it is not a travel within India and hence not covered under the provisions of Section 10(5) of the Act.
India Law Library Docid # 1602331

(943) M/S. OCL INDIA LIMITED Vs. STATE OF ORISSA AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022
Constitution of India, 1950 - Article 243-Q - Entry tax from Industrial Township/Areas - Industrial areas or estates are equally "local areas" - A local area is one which is administered by municipal law, district board or a local board, union board, a panchayat or some body constituted by the Government for the governance of local affairs of any part of the State - Application of state laws regarding industrial areas, therefore, squarely falls within the expression "description of a body consti
India Law Library Docid # 1602325

(944) VGP MARINE KINGDOM PRIVATE LIMITED AND ANOTHER Vs. KAY ELLEN ARNOLD [SUPREME COURT OF INDIA] 04-11-2022
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of arbitrator - Share Subscription and Shareholders Agreement - High Court has refused to refer the dispute between the parties and appoint an arbitrator, namely that the proceedings at the instance of the respondent as minority shareholder for oppression and mismanagement is pending before the NCLT is concerned, on the pendency of such proceedings the application under Section 11(6) of the Act, 1996 cannot be dismissed - High
India Law Library Docid # 1602326

(945) MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED Vs. NIZAMUDDIN [SUPREME COURT OF INDIA] 04-11-2022
Consumer - Illegal sold of hypothecated vehicle - Compensation - Hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally - Instead of remanding the matter to the District Forum for determining the loss/damages we deem it proper to award reasonable loss/damages - It is reported that a sum of Rs. 3,45,000/­ has been deposited by the
India Law Library Docid # 1602317

(946) ASHOK KUMAR SINGH CHANDEL Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 04-11-2022
These Criminal Appeals are by seven accused convicted and sentenced to life by the High Court of Judicature at Allahabad for the murder of five persons. The deceased belonged to or were associated with the same family; two of them were brothers, the third was their minor son and the other two were their close family friends. Apart from these criminal appeals, there is also a Special Leave Petition filed by the informant (PW-1), who is the sole surviving brother in the family, praying for enhance
India Law Library Docid # 1602320

(947) B.A. UMESH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022
Penal Code, 1860 (IPC) - Sections 302, 376 and 392 - Death Sentence - Rape and murder of a housewife - Illegal solitary confinement - Death sentence was awarded to the appellant in 2006 by the trial Court and the mercy petition was finally disposed of by the Hon'ble President on 12.5.2013, which means that the incarceration of the appellant in solitary confinement and segregation from 2006 to 2013 was without the sanction of law and completely opposed to the principles laid down by this Court in
India Law Library Docid # 1602324

(948) STATE BANK OF INDIA Vs. ARVINDRA ELECTRONICS PRIVATE LIMITED [SUPREME COURT OF INDIA] 04-11-2022
Constitution of India, 1950 - Article 226 - Contract Act, 1872 - Section 62 - One Time Settlement Scheme - - Bank mutually can agree to extend the time which is permissible under Section 62 of the Indian Contract Act - Borrower as a matter of right cannot claim that though it has not made the payment as per the sanctioned OTS Scheme still it be granted further extension as a matter of right
India Law Library Docid # 1602321

(949) INDRANI PATNAIK Vs. ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 03-11-2022
Learned senior counsel for the petitioners has referred to the Judgment delivered by this Court in the case of Vijay Madanlal Choudhary and Ors. v. Union of India and Ors.decided on 27/7/2022, wherein the consequence of failure of prosecution for the scheduled offence has been provided in the following terms;- 187. ... .....(d) The offence under Sec. 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the p
India Law Library Docid # 1863231

(950) MAHANADI COAL FIELDS LIMITED AND ANOTHER Vs. MATHIAS ORAM AND OTHERS [SUPREME COURT OF INDIA] 03-11-2022
The oft repeated aphorism, “Justice delayed is justice denied” cannot apply with more force than in these proceedings. The applicant writ petitioners (hereinafter, “landowners / displaced persons”) have waited for roughly half the number of years that this republic has existed. They predominantly belong to tribal communities, and their lands were first notified and acquired in 1988 for the purposes of coal mining. Yet, they have not been paid compensation. The tangled and torturous journey of th
India Law Library Docid # 1602313

(951) IN RE: PERRY KANSAGRA - CONTEMNOR[SUPREME COURT OF INDIA] 03-11-2022
Contempt of Court - Contemnor has deliberately and with a clear intention committed egregious acts of contempt - These acts constitute willful disobedience of the judgment, direction and order of this Court coupled with willful breach of the undertaking given by the Court which constitute civil contempt Contemnor has falsely represented before the foreign jurisdiction that Indian Courts have not sought the consent of son and that the decision of the Supreme Court of India is unenforceable - Thes
India Law Library Docid # 1602327

(952) MARINGMEI ACHAM Vs. M MARINGMEI KHURIPOU [SUPREME COURT OF INDIA] 03-11-2022
The impugned order is an order passed in a Civil Revision Petition. The High Court has found that in view of the fact that the suit, filed by the appellant’s late father(Maringmei Thaitoungam) who had died and as no steps had been taken to implead his legal representatives, had abated, the result of the abatement of the suit filed by the appellant’s father, it was held, was that the civil miscellaneous appeal filed under Order XLIII Rule 1 of the Code of the Civil Procedure against an order refu
India Law Library Docid # 1602369

(953) SARADA VIDHYALAYA MATRICULATION HIGHER SECONDARY SCHOOL Vs. THE SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT AND OTHERS [SUPREME COURT OF INDIA] 03-11-2022
Learned counsel appearing for the petitioner(s)/appellant(s) states that he has misplaced the files. He requests for a photocopy of the matters so that he can clear the defects. The Registry is directed to immediately make him available photocopy of the matters so as to cure the defects.
India Law Library Docid # 1602370

(954) S. KALEESWARAN Vs. STATE BY THE INSPECTOR OF POLICE POLLACHI TOWN EAST POLICE STATION, COIMBATORE DISTRICT, TAMIL NADU [SUPREME COURT OF INDIA] 03-11-2022
Penal Code, 1860 (IPC) - Section 120(B), 147, 364 and 302 read with 120(B)/149, 201 and 396 - Murder - - Criminal Trial - Identification of the deceased through superimposition is an acceptable piece of opinion evidence, however the courts generally do not rely upon opinion evidence as the sole incriminating circumstances, given its fallibility, and the superimposition technique cannot be regarded as infallible - In the present case, since the super-imposition report was not supported by any oth
India Law Library Docid # 1602311

(955) MOHD. ARIF @ ASHFAQ Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 03-11-2022
Penal Code, 1860 (IPC) - Sections 302, 307, 186, 353, 120-B, 121, 121-A, 216 and 201 - Arms Act, 1959 - Sections 25, 27, 54 and 59 - Foreigners Act, 1946 - Section 14 - Explosive Substances Act, 1908 - Sections 4 and 5 - Evidence Act, 1872 - Section 65B - 2000 Red-Fort Attack Case - Death penalty to Lakshar-e-Toiba militant - Affirmed - Even after eschewing circumstances tracing of calls which were directly attributable to the CDRs relied upon by the prosecution, the other circumstances on recor
India Law Library Docid # 1602312

(956) ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY [SUPREME COURT OF INDIA] 03-11-2022
Clarification of judgment - Revenue seeks a clarification of the judgment dated 19.10.2022, Assistant Commissioner of Income Tax (Exemptions) vs. Ahmedabad Urban Development Authority, Civil Appeal No. 21762 of 2017 - Reference to application of the law declared by this court's judgment, therefore, has to be understood in the context, which is that they apply for the assessment years in question, which were before this court and were decided; wherever the appeals were decided against the revenue
India Law Library Docid # 1602314

(957) M S RADHAKRISHNAN Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 03-11-2022
This is a case where a poor father, whose son has been killed/alleged to be murdered has approached this Court for appropriate order directing the (H&B) CID, Bengaluru-Respondent No.5 herein to transfer the further investigation in Crime Case No. 65 of 2014 registered with Panambur P.S. Mangaluru, Karnataka to the Central Bureau of Investigation [CBI] Bengaluru, Karnataka.
India Law Library Docid # 1846051

(958) BALU KRISHNA CHAVAN Vs. THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 03-11-2022
No doubt, as indicated by the learned counsel for the Respondent-Insurance Company, what has been assailed herein, is only the Order passed in the Review Petition and the Order passed in the Appeal, has not been assailed. Even that be so, we deem it appropriate to consider the instant case for the reason that the only issue for consideration herein, is as to whether the Respondent-Insurance Company should be directed to "pay and recover" in the facts arising in the case.
India Law Library Docid # 1854273

(959) RAJ PROCESS EQUIPMENTS AND SYSTEMS PRIVATE LIMITED AND OTHERS Vs. HONEST DERIVATIVES PRIVATE LIMITED [SUPREME COURT OF INDIA] 03-11-2022
The appeal arises out of an order passed by the High Court of Judicature of Bombay, Aurangabad Bench, confirming an order passed by the trial Court refusing to recall an order by which the defendant Nos.1 and 2 were recorded as having filed no written statements and the suit directed to proceed ex-parte against defendant Nos.3 and 4.
India Law Library Docid # 1854416

(960) RAJ PROCESS EQUIPMENTS AND SYSTEMS PRIVATE LIMITEDAND OTHERSPETITIONER(S) Vs. HONEST DERIVATIVES PRIVATE LIMITED [SUPREME COURT OF INDIA] 03-11-2022
The appeal arises out of an order passed by the High Court of Judicature of Bombay, Aurangabad Bench, confirming an order passed by the trial Court refusing to recall an order by which the defendant Nos.1 and 2 were recorded as having filed no written statements and the suit directed to proceed ex-parte against defendant Nos.3 and 4.
India Law Library Docid # 1854567

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