(921) LIFEFORCE CRYOBANK SCIENCES INC Vs. CRYOVIVA BIOTECH PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11(6) and 11(12) — Appointment of Arbitrator — A U.S. company, after acquiring respondent’s assets, sought an arbitrator appointment in an Indian court under for disputes with Indian entities — The disputes stemmed from a license agreement and a share subscription agreement, both containing arbitration clauses — The respondents contested the petitioner's standing, arguing the non-assignability of the license India Law Library Docid # 2419392
(922) CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION Vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY [SUPREME COURT OF INDIA] 08-11-2024 Arbitration and Conciliation Act 1996 — Sections 12(5) and 18 — Whether an appointment process that allows a party with an interest in the dispute to unilaterally appoint a sole arbitrator or curate a panel of arbitrators is valid in law — The court held that such an appointment process is not valid in law and is violative of the principle of equality of parties under Section 18 — The court also held that an appointment process in a public-private contract that allows a government entity to unil India Law Library Docid # 2419393
(923) ALIGARH MUSLIM UNIVERSITY Vs. NARESH AGARWAL AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Article 30 of the Constitution of India guarantees to religious and linguistic minorities, the right to establish and administer educational institutions of their choice. The issues which arise for adjudication in this reference pertain to the criteria to be fulfilled to qualify as a minority educational institution for the purpose of Article 30(1) of the Indian Constitution. India Law Library Docid # 2419509
(924) ARUNA DHANYAKUMAR DOSHI Vs. STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Penal Code, 1860 (IPC) — Sections 342, 347, 504, 506, 116 and 384 read with Section 34 — Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 23 and 24 — The appellant filed a complaint leading to an FIR against her son, daughter-in-law, and others for harassment and coercion related to property gift deeds — The main issue is whether the FIR against the 4th and 5th respondents should be quashed — The appellant argued that the High Court should not have quashed the FIR at a India Law Library Docid # 2419378
(925) STATE BANK OF INDIA AND OTHERS Vs. THE CONSORTIUM OF MR. MURARI LAL JALAN AND MR. FLORIAN FRITSCH AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2024 Insolvency and Bankruptcy Code, 2016 — Sections 7, 30(6), 31, 33(3) and 62 — Implementation of a Resolution Plan — The case involves implementation of a Resolution Plan for Jet Airways — Key issues include the adjustment of a Performance Bank Guarantee (PBG), non-payment of airport and employee dues, and the fulfillment of conditions precedent — The appellants argued against the adjustment of the PBG and highlighted the non-fulfillment of conditions precedent by the respondents — The respondents India Law Library Docid # 2419379
(926) M/S ARIF AZIM CO. LTD. Vs. M/S MICROMAX INFORMATICS FZE [SUPREME COURT OF INDIA] 07-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11, 11(6)(a) and (12)(a) — Determination of the seat of arbitration — An Afghan and UAE based company entered into a distributorship agreement for distributing mobile handsets in Afghanistan — Disputes arose regarding payments and deliveries — Issues include the determination of the seat of arbitration and the applicability of the Arbitration and Conciliation Act, 1996, and whether the disputes should be referred to arbitration — The petitioner a India Law Library Docid # 2419380
(927) M/S HPCL BIO-FUELS LTD. Vs. M/S SHAHAJI BHANUDAS BHAD [SUPREME COURT OF INDIA] 07-11-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule — Arbitration and Conciliation Act, 1996 — Section 11(6) — Limitation Act, 1963 — Section 14(2) — Dispute over unpaid invoices for equipment and services provided by the respondent — The main issues include the applicability of Order 23 Rule 1 of the CPC to arbitration proceedings, the timeliness of the respondent's application under Section 11(6) of the Act, 1996, and whether the respondent is India Law Library Docid # 2419381
(928) ASLAM ISMAIL KHAN DESHMUKH Vs. ASAP FLUIDS PVT. LTD. AND ANOTHERS[SUPREME COURT OF INDIA] 07-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11(12)(a) and 11(6) — Appoitnment of Arbitrator — The petitioner a Non-Resident Indian, entered into a Shareholders Agreement with respondent-company holding 4,00,000 equity shares — Disputes arose over the issuance of share certificates — Whether the claims for the issuance of share certificates and the appointment of an arbitrator are time-barred and whether the disputes are arbitrable — The petitioner argued that the share certificates were no India Law Library Docid # 2419382
(929) KIRLOSKAR FERROUS INDUSTRIES LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 — Rule 38 — Mineral Conservation and Development Rules, 2017 — Rule 45(8)(a) — Validity of the explanations to Rule 38 of the Rules, 2016, and Rule 45(8)(a) of the Rules, 2017, regarding the computation of royalty for mining leases of non-coal minerals — Challenged — Whether the explanations to the rules are unreasonable and arbitrary, violating Article 14 of the Constitution — Petitioner argues that the computat India Law Library Docid # 2419383
(930) TEJ PRAKASH PATHAK AND OTHERS Vs. RAJASTHAN HIGH COURT AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Service Law — Recruitment Process — Post of Translators — The Rajasthan High Court invited applications for the post of Translators, specifying qualifications and a competitive examination — The Chief Justice later set a 75% cut-off mark, which only three candidates met — Whether the Chief Justice's decision to set a 75% cut-off mark after the recruitment process began was valid — The petitioners argued that changing the cut-off mark after the recruitment process started was unfair and amounted India Law Library Docid # 2419384
(931) RAMJI LAL BAIRWA AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Penal Code, 1860 (IPC) — Sections 354A, 342, 509 and 504 — Protection of Children from Sexual Offences Act, 2012 — Sections 7 and 8 — Compromise cannot be the sole basis for quashing criminal proceedings particularly in cases involving heinous and serious offences — T he court held that the power under Section 482 of the CrPC cannot be used to quash criminal proceedings solely on the basis of a compromise between the parties, particularly in cases involving heinous and serious offences that have India Law Library Docid # 2419385
(932) GOQII TECHNOLOGIES PRIVATE LIMITED Vs. SOKRATI TECHNOLOGIES PRIVATE LIMITED [SUPREME COURT OF INDIA] 07-11-2024 Arbitration and Conciliation Act, 1996 — Section 11 — Appellant sought arbitration for disputes arising from a Master Services Agreement with respondent — The High Court dismissed their application for arbitration — Whether the High Court erred in dismissing the application for arbitration under Section 11 — Petitioner argued that the High Court exceeded its jurisdiction by conducting a detailed factual review instead of a prima facie examination — India Law Library Docid # 2419386
(933) COMMISSIONER OF CUSTOMS Vs. M/S CANON INDIA PVT. LTD. [SUPREME COURT OF INDIA] 07-11-2024 Customs Act, 1962 — Sections 2(34), 4, 6, 17 and 28(1) — The Customs Department filed a review petition against the judgment in the case of M/s Canon India Pvt. Ltd. v. Commissioner of Customs, questioning the jurisdiction of the Commissioner of Customs (Preventive) as a "proper officer" under the Customs Act, 1962 — The main issue is whether the Commissioner of Customs (Preventive) has the jurisdiction to issue show cause notices under Section 28 of the Act, 1962 — The Department argued that th India Law Library Docid # 2419388
(934) RAMKRISHNA MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Education Law — MBBS Seat — Two medical colleges were directed to keep one MBBS seat vacant due to interim orders from the High Court, which were later dismissed — Whether the colleges should be compensated for the vacant seats caused by the interim orders — The colleges argued that the vacant seats resulted in financial loss and underutilization of resources — The authorities claimed they were merely following court orders and should not be held liable — The Supreme Court allowed the appeals pa India Law Library Docid # 2419446
(935) DIRECTORATE OF ENFORCEMENT Vs. BIBHU PRASAD ACHARYA, ETC. [SUPREME COURT OF INDIA] 06-11-2024 Criminal Procedure Code, 1973 — Section 197(1) — Prevention of Money Laundering Act, 2002 — Sections 65 and 71 — Applicability of Section 197(1) of CrPC to PMLA Proceedings — The Supreme Court held that Section 197(1) of the CrPC, which mandates prior sanction for the prosecution of public servants, applies to proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) — This conclusion was reached based on the interpretation of Sections 65 and 71 of the PMLA, which make the provision India Law Library Docid # 2419356
(936) DEVENDRA KUMAR AND OTHERS Vs. STATE CHHATTISGARH [SUPREME COURT OF INDIA] 06-11-2024 Penal Code, 1860 (IPC) — Sections 302, 304 Part I and 34 — Culpable homicide not amounting to murder — Modification of Sentence — Land Dispute — Whether the conviction under Section 302 IPC was appropriate or if it should be altered to a lesser offence — The appellants argued that the incident was a result of a sudden fight without premeditation due to a land dispute, suggesting the offence should fall under Section 304 IPC — The State contended that the conviction under Section 302 IPC was jus India Law Library Docid # 2419353
(937) M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD. Vs. RAMBHA DEVI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2024 Motor Vehicles Act, 1988 — Sections 2(21) and 10(2)(d) — Whether a person with a 'Light Motor Vehicle' (LMV) license can drive a 'Transport Vehicle' without a specific endorsement if the vehicle's weight does not exceed 7,500 kgs — The main issue is the interpretation of the Motor Vehicle Act, 1988, and whether the decision in Mukund Dewangan v. Oriental Insurance Co. Ltd., (2016) 4 SCC 298 was correct in allowing LMV license holders to drive transport vehicles without additional endorsements — India Law Library Docid # 2419354
(938) UNION OF INDIA AND OTHERS Vs. WING COMMANDER M.S. MANDER [SUPREME COURT OF INDIA] 06-11-2024 Air Force Act, 1950 — Sections 45, 65 and Section 71 — Penal Code, 1860 (IPC) — Section 302, 325, 342 and 149 — The General Court Martial GCM found guilty, but the Armed Forces Tribunal later set aside the conviction — The main issue was whether the respondent's actions led to the wrongful confinement and death of signalman — The appellants argued that the Tribunal did not consider all charges and relied on evidence from multiple witnesses to prove the respondent's guilt — The respondent contend India Law Library Docid # 2419357
(939) SONU CHOUDARY Vs. STATE OF NCT DELHI [SUPREME COURT OF INDIA] 06-11-2024 Penal Code, 1860 (IPC) — Sections 325 and 452 — House-trespass — Appellant was convicted for causing injuries with a blade at Restaurant — The main issue was whether the conviction under Section 452 (house-trespass) was justified — The appellant argued that the conviction was based on the solitary evidence of PW-1 and that no case for house trespass was made out — The State supported the conviction, stating that both lower courts had rightly found the appellant guilty — The Supreme Court upheld India Law Library Docid # 2419442
(940) MANIK PANJABRAO KALMEGH Vs. EXECUTIVE ENGINEER BEMBLA PROJECT DIVISION YAVATMAL AND OTHERS [SUPREME COURT OF INDIA] 06-11-2024 Land Acquisition Act, 1894 — Section 4 — Additional compensation — The main issues were the determination of fair compensation for the acquired land, fruit-bearing trees, and a borewell, and whether compensation for these could be awarded in a review application — The appellant argued for cumulative annual increase in land value and compensation for fruit-bearing trees and borewell — The respondents contended that the compensation awarded was fair and that the review application was not the prop India Law Library Docid # 2419444