(1)
FOOD CORPORATION OF INDIA AND OTHERS .....Appellant Vs.
ABHIJIT PAUL .....Respondent D.D
18/11/2022
Contract Law – Interpretation – Recovery of Demurrages – Clause XII (a) of the contract between FCI and transport contractors – Whether demurrages imposed by Railways can be recovered from contractors as "charges" – High Court held demurrages not recoverable as "charges" – Supreme Court affirmed, interpreting "charges" within the co...
(2)
THE STATE OF MADHYA PRADESH .....Appellant Vs.
M/S SEW CONSTRUCTION LIMITED AND OTHERS .....Respondent D.D
18/11/2022
Contract Law – Escalation Claims – Rights and duties of parties to a contract subsist or perish in terms of the contract – Contractual clause disallowing future claims for escalation unless specified conditions are met – Conditions were satisfied, thus Contractor entitled to claim escalation – Officers administering the contract have no discretion to deny escalation o...
(3)
M/S POLYFLEX (INDIA) PVT. LTD. .....Appellant Vs.
THE COMMISSIONER OF INCOME TAX AND ANOTHER .....Respondent D.D
17/11/2022
Income Tax – Deduction under Section 80-IB – Eligibility – Assessee manufacturing polyurethane foam used as car seats – Claimed deduction under Section 80-IB – Assessing Officer, CIT(A), and High Court denied deduction, classifying product as polyurethane foam under Eleventh Schedule – Tribunal's favorable ruling for assessee overturned – Supreme Court...
(4)
PAWAN KUMAR GOEL …..Appellant Vs.
STATE OF U.P. AND ANOTHER …..Respondent D.D
17/11/2022
Criminal Law – Negotiable Instruments Act – Liability of Directors – High Court quashed proceedings against the director of a company under Section 138 NI Act due to the company not being made an accused and lack of averments in the complaint stating the director was responsible for the conduct of the business – Supreme Court affirmed, emphasizing the necessity of company b...
(5)
MRS. LEELAMMA MATHEW .....Appellant Vs.
M/S INDIAN OVERSEAS BANK AND OTHERS .....Respondent D.D
17/11/2022
SARFAESI Act – Bar on Civil Court Jurisdiction – Suit for recovery of damages/compensation – Plaintiff claimed damages for receiving less area than paid for – Suit not barred by Section 34 of the SARFAESI Act as it did not challenge the sale/sale certificate but sought compensation for less area received – High Court erred in holding suit barred by Section 34 [Paras 5...
(6)
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY .....Appellant Vs.
RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR AND ANOTHER .....Respondent D.D
17/11/2022
Land Acquisition – Delay – Condonation and Compensation Enhancement – High Court condoned 22-year delay and enhanced compensation to Rs. 149 per sq. yard – Supreme Court upheld the compensation but exempted NOIDA from liability for statutory benefits and interest during the delayed period – Delayed statutory benefits would impose a financial burden and increase projec...
(7)
WG CDR A.U. TAYYABA (RETD) AND OTHERS .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
16/11/2022
Legitimate Expectation – Gender Discrimination – Women officers in the Indian Air Force who were inducted as SSCOs between 1993 and 1998 – Appellants were not considered for PC despite initial policy assurances – Appeals challenged the exclusion from PC and sought pensionary benefits [Paras 1-33].
Policy Implementation – Supreme Court examined the policy ...
(8)
NANDINI SHARMA AND ANOTHER .....Appellant Vs.
REGISTRAR SUPREME COURT OF INDIA AND OTHERS .....Respondent D.D
16/11/2022
Advocates Act – Constitutional Validity of AOR Rules – Petitioner challenged Order IV Rule 1(b), Rule 5, and Rule 7(c) of the Supreme Court Rules, 2013 – Contended these rules were discriminatory and violated Articles 14 and 19(1)(g) of the Constitution – Claimed the exclusive right given to AORs contravened Section 30 of the Advocates Act, 1961 [Paras 1-4].
Su...
(9)
BHAGYODAY COOPERATIVE BANK LIMITED .....Appellant Vs.
RAVINDRA BALKRISHNA PATEL (DECEASED) THROUGH HIS LRS. AND OTHERS .....Respondent D.D
16/11/2022
Execution of Decree – Dismissal for Default – Second Execution Petition – High Court held second execution petition not maintainable due to dismissal of first petition for default and lack of transfer under Section 39 CPC – Supreme Court overturned, stating mere dismissal for default does not preclude fresh execution petition if within limitation period – Second execu...