(1) Sanjiv Kumar Rajendrabhai Bhatt …Petitioner(s) Vs. State of Gujarat & Anr. …Respondent(s) D.D 10/05/2023

Criminal Procedure Code, 1973 – Section 482 – Recusal of Judge – Request for recusal by petitioner due to a previous stricture made against petitioner’s conduct in a related matter in 2011 – Prayer rejected – Held, request lacked bona fide and seemed to be made with mala fide intention to avoid the Bench for no valid reason – Observations made by the High ...

NON REPORTABLE # CRIMINAL APPELLATE JURISDICTION SLP (Crl.) No. 9445 OF 2022 Docid 2023 LEJ Crim SC 11

(2) Tarak Nath Keshari …Appellant Vs. State of West Bengal …Respondent D.D 10/05/2023

Criminal Appeal – Probation - Essential Commodities Act, 1955 - Violation of West Bengal Pulses, Edible Oil (Dealers Licensing) Order, 1978 - Conviction and sentence - Appellant found guilty of possessing mustard oil and vegetable oil in excess of permissible limit - Appellant convicted under Section 7(1)(a)(ii) of Essential Commodities Act - Trial Court sentenced appellant to rigorous impri...

NON REPORTABLE # Criminal Appeal No.1444 of 2023 (Arising out of SLP (Crl) D No. 28476 of 2018) Docid 2023 LEJ Crim SC 73

(3) C.S. GOPALAKRISHNAN ETC. Vs. THE STATE OF TAMIL NADU & OTHERS D.D 09/05/2023

Validity of Tamil Nadu Highways Act, 2001 - Attack on the ground of manifest arbitrariness and discrimination when compared to the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013 - Comparison of two legislations by different governments and by different legislatures - Held, Article 14 of the Constitution of India does not authorize the str...

REPORTABLE # CIVIL APPEAL Nos.5692-5695& 5697 OF 2021 Docid 2023 LEJ Civil SC 98

(4) M.P. PARVATHI Vs. M/S. SATHYANARANA SERVICE STATION AND ORS. D.D 09/05/2023

Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to award — Scope of interference with findings of fact recorded by an arbitrator — Perverse or patently illegal findings of fact, only exception to court’s limited jurisdiction of interference — Merely because different views are possible, court cannot interfere with the findings of fact recorded by...

REPORTABLE # CIVIL APPEAL No.3533 OF 2023 (Arising out of SLP (C) No.5698 OF 2021) CIVIL APPEAL No.3534 OF 2023 (Arising out of SLP (C)No.5591 OF 2021) Docid 2023 LEJ Civil SC 49

(5) M/s. Jermyn Capital LLC Dubai … APPELLANT(S) Vs. Central Bureau Of Investigation & Ors. RESPONDENT(S) D.D 09/05/2023

Freezing of Assets - Imposition of Bank Guarantee - The second freeze order had incapacitated the appellant from repatriating an amount of Rs. 38.52 crores - Lower courts had imposed a bank guarantee equivalent to the amount sought to be withdrawn, which the appellant had challenged. (Paragraphs 4-9) Investigation - Redundancy - Dharmesh Doshi was in no way connected to the appellant company - ...

REPORTABLE # CRIMINAL APPEAL NO. OF 2023 ( @ SPECIAL LEAVE PETITION (CRL.) NO. 9134 OF 2018) Docid 2023 LEJ Crim SC 49

(6) M/s. Shree Vishnu Constructions …Appellant(s) Vs. The Engineer in Chief Military Engineering Service & Ors. …Respondent(s) D.D 09/05/2023

In the present case, an arbitration agreement was entered into between the parties in the year 2007, prior to the Amendment Act, 2015 coming into force. A dispute arose between the parties, and a notice invoking arbitration was issued on 28.05.2015. The application under Section 11(6) of the Act was filed by the appellant on 10.08.2015, after the Amendment Act, 2015 had come into force. The respon...

REPORTABLE # CIVIL APPEAL NO. 3461 OF 2023 (@ SLP (C) NO. 5306 OF 2022) Docid 2023 LEJ Civil SC 21

(7) SIMARNJIT SINGH ... APPELLANT(S) Vs. STATE OF PUNJAB ... RESPONDENT(S) D.D 09/05/2023

Criminal Appeal – Narcotics Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 15 – Drawing of Samples at the time of seizure – Compliance with Section 52A(2) – Procedure for drawing samples in the presence of a Magistrate – Effect on prosecution’s case – Doubt about the nature of seized substance. (Para 3) Criminal Procedure &...

NON REPORTABLE # CRIMINAL APPEAL NO.1443 OF 2023 (Arising out of S.L.P.(Crl.) No. 1958 of 2023) Docid 2023 LEJ Crim SC 44

(8) Calcutta State Transport Corporation & Ors. …Appellants Vs. Ashit Chakraborty & Ors Respondents D.D 08/05/2023

Service Law - Pension benefits - Calcutta State Transport Corporation framed Regulations, 1990 - to get the benefit of the said scheme, existing employees of the Corporation will have to submit written option within six months from the date of publication - Respondent no.1 opted for pension scheme - On his retirement the respondent no.1 was paid certain retiral benefits, however, no pension was pa...

REPORTABLE # Civil Appeal No.3462 of 2023 (Arising out of SLP(C) No. 11991/2021 Docid 2023 LEJ Civil SC 40

(9) GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED THROUGH ITS Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS. D.D 08/05/2023

Mumbai Municipal Corporation Act, 1888 - Section 37 - Development Control Regulations - Transfer of Development Rights (TDR) - Surrender of land - Development of amenity - Additional TDR - Whether appellant entitled to Additional TDR for development of amenity - Held, appellant did not develop amenity so as to be entitled to Additional TDR - No activities undertaken by appellant till the handing o...

REPORTABLE # CIVIL APPEAL NO. 9021 OF 2014 Docid 2023 LEJ Civil SC 45