Facts:

Disputes arose between the Transmission Corporation of Andhra Pradesh Limited (appellant) and Equipment Conductors and Cables Limited (respondent) regarding contracts for supply of goods and services.

The respondent initiated arbitration proceedings, resulting in an award that rejected certain claims as time-barred.

Various legal proceedings ensued, including challenges to the arbitral award and execution petitions filed by the respondent.

The respondent subsequently filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the National Company Law Tribunal (NCLT), seeking initiation of the corporate insolvency resolution process against the appellant.

The NCLT dismissed the petition, finding that there was a valid dispute regarding the unpaid operational debt.

Issues:

Whether the initiation of the corporate insolvency resolution process under Section 9 of the IBC is warranted in the presence of a valid dispute regarding the debt owed by the appellant to the respondent.

Whether the National Company Law Appellate Tribunal (NCLAT) erred in directing the appellant to settle the respondent's claim under threat of initiating insolvency proceedings.

Held:

The Court held that the initiation of the corporate insolvency resolution process under Section 9 of the IBC requires the absence of a valid dispute regarding the debt owed. Referring to the case law and statutory provisions, the Court emphasized that the existence of a real dispute precludes the invocation of the IBC provisions. The Court further emphasized that the adjudicating authority must determine whether a dispute genuinely exists and whether the debt is due and payable before admitting an application under Section 9 of the IBC.

In this case, the Court found that the respondent's claim was subject to a genuine dispute, as evidenced by previous legal proceedings and the rejection of certain claims as time-barred. Therefore, the NCLAT's direction to settle the claim under threat of initiating insolvency proceedings was unwarranted.

The Court allowed the appeal, setting aside the NCLAT's order and dismissing the respondent's appeal before the NCLAT. Costs were not awarded.

The Court's decision was guided by the principles outlined in the case of Mobilox Innovations Private Limited vs. Kirusa Software Private Limited (2018) 1 SCC 353, where it was established that the IBC is not intended to serve as a substitute for recovery forums and cannot be invoked in the presence of a genuine dispute.

Facts:

The suit involved a dispute over property originally owned by two brothers, Pazanivelu and Chokalingam.

A partition took place in 1912 between the branches of Pazanivelu and Chokalingam, with each getting 50% of the property.

Subsequently, further partition occurred among the sons of Pazanivelu, resulting in Manickam obtaining sole ownership of a portion.

Chokalingam's half share was sold in a court auction, with the defendant's father being the purchaser.

Disputes arose regarding the extent and ownership of the property due to subsequent litigations involving third parties.

The plaintiffs claimed ownership of their share of the property, while the defendant asserted adverse possession and title through the auction sale.

Issues:

Whether the principles of res judicata apply between co-defendants in previous litigations?

Whether adverse possession is established by the defendant over the disputed property?

Held:

The Court held that the principles of res judicata do not apply between co-defendants in this case, as there was no conflict of interest necessary for its application. The previous litigations did not involve any dispute between the fathers of the plaintiffs and the defendant regarding their respective titles. Therefore, the doctrine of res judicata was not applicable. Furthermore, adverse possession was not established by the defendant, as there was no evidence of exclusive possession to the exclusion of the plaintiffs. The property remained in joint possession, as evidenced by revenue records and other documents. Thus, the plaintiffs were deemed to be the rightful owners of their share of the property as per the partition of 1912. The appeal was dismissed, affirming the decision of the Division Bench of the High Court.

Facts:

The appellant, Bhagirath, appealed against his conviction under Section 302 IPC and sentencing by the High Court of Madhya Pradesh. The case stemmed from an incident where the appellant, armed with a weapon called "farsi," and other accused individuals allegedly assaulted the deceased during a verbal altercation.

Issues:

The nature of the offence committed by the appellant, particularly whether it fell under Section 302 IPC or could be mitigated under Exception 4 to Section 300 IPC.

Held:

The Court, after considering the evidence and circumstances, modified the appellant's conviction from Section 302 IPC to Section 304 Part-I IPC. This decision was based on the application of Exception 4 to Section 300 IPC, which deals with death resulting from a sudden fight without premeditation.

The Court found that the sudden altercation and the nature of injuries inflicted suggested the absence of premeditation. Therefore, the appellant's sentence was reduced to the period already served. The appeal was allowed accordingly.

Facts:

Provide a summary of the background and context of the case.

Issues:

Identify the key legal and factual issues addressed in the case.

Held:

The Court directed that only reduced emission (improved) and green crackers be permitted for manufacture and sale. The production and sale of other types of crackers were banned.

The manufacture, sale, and use of joined firecrackers (series crackers or laris) were prohibited. Sale was restricted to licensed traders only, and online sales on e-commerce platforms were banned.

Barium salts in fireworks were banned, and the Petroleum and Explosives Safety Organisation (PESO) was directed to review the chemical composition of fireworks, associating with the Fireworks Research and Development Centre (FRDC).

Crackers failing to meet reduced emission standards were not allowed to be sold in Delhi and NCR. PESO was tasked with ensuring the purchase, possession, sale, and use of fireworks with permitted chemicals only during festivals and occasions, testing for banned chemicals, and suspending licenses of violators.

Only crackers meeting permissible decibel levels were permitted in the market, and licenses of manufacturers violating this were to be suspended. Extensive public awareness campaigns about the harmful effects of firecrackers were mandated.

Designated times were specified for bursting fireworks during festivals, with community firecracking permitted for certain occasions. Enforcement by relevant authorities, including the police, to control the sale and timing of fireworks was ensured.

Decision: Summarize the court's decision and the rationale behind it.

Facts:

Respondent No.1 was initially appointed as an Assistant Engineer and subsequently promoted to higher positions within the Public Works Department (PWD) in Assam.

Allegations of favoritism and fraudulent actions were raised against respondent No.1's promotions, including the creation of an ex-cadre post specifically for him and discrepancies in vacancy calculations.

Issues:

Whether respondent No.1's promotions, particularly to the post of Superintending Engineer, were irregular and contrary to service rules.

Whether the dismissal of writ petitions challenging respondent No.1's promotions based on delay and laches was justified.

Whether the involvement of the Chief Minister and subsequent inquiry provided a reasonable explanation for any delays in legal action.

Held:

The Supreme Court scrutinized respondent No.1's promotions and found significant irregularities, including the creation of an ex-cadre post specifically for him and discrepancies in vacancy calculations. The Court rejected the dismissal of writ petitions based on delay and laches, emphasizing the gravity of the irregularities involved. The Court reinstated the earlier judgment that deemed respondent No.1's promotions illegal and contrary to service rules. The involvement of the Chief Minister and subsequent inquiry provided a reasonable explanation for any delays in legal action.

Therefore, the Court allowed the appeals, setting aside the Division Bench's judgment, and reinstated the judgment of the learned Single Judge.

Facts:

The petitioner, President of the Madhya Pradesh Congress Committee, sought reliefs related to VVPAT verification and the format of draft electoral rolls.

Allegations were made regarding discrepancies in voter lists, including duplicate or fake entries.

The petitioner demanded draft electoral rolls in searchable text format to facilitate scrutiny for errors.

Issues:

Whether the Election Commission is obligated to provide draft electoral rolls in a searchable text format.

Whether VVPAT verification should be conducted at random polling stations.

Held:

The Court interpreted the Election Manual's provision on draft electoral rolls, finding no requirement for them to be in a searchable format.

The decision to provide draft electoral rolls in non-searchable image format was upheld, considering voter privacy and prevention of data mining.

The petitioner's request for VVPAT verification was dismissed, citing previous rulings and the Election Commission's assurances.

The writ petitions were consequently dismissed.

Facts:

The case revolves around the classification of the Urban Improvement Trust (the assessee) under the Income Tax Act, 1961.

The Urban Improvement Trust was constituted under the Rajasthan Improvement Act, 1959, to undertake development activities in urban areas.

Issues:

Whether the Urban Improvement Trust qualifies as a "local authority" under clause (iii) of Explanation to Section 10(2) of the Income Tax Act, 1961.

Whether the Trust can be considered a "Municipal Committee" as per the provisions of the Acts mentioned.

Held:

The court examined the provisions of the Rajasthan Urban Improvement Act, 1959, and the Rajasthan Municipalities Act, 1959, to determine the nature and functions of the Urban Improvement Trust. It observed that the Trust undertakes development activities in urban areas but is not constituted in place of municipalities or municipal boards.

The court noted that while the Trust may perform certain limited powers of the municipal board, it does not transform into a municipality or municipal board itself.

The assessee claimed to be a "Municipal Committee" under clause (iii) of Explanation to Section 10(2). However, the court observed that the Trust's functions and powers do not align with those of a Municipal Committee.

Provisions such as Sections 47, 48, 61 to 64, and 105 of the Rajasthan Improvement Act grant certain powers to the Trust but do not change its classification as a Municipal Committee.

Decision: The court concluded that the Urban Improvement Trust did not qualify as a Municipal Committee within the meaning of Section 10(20) Explanation (iii) of the Income Tax Act, 1961. Therefore, the assessee's claim was rejected.

Facts:

The appellant-assessee claimed input tax credit on purchases but initially couldn't do so due to the lack of tax invoices.

Subsequently, the appellant filed revised returns claiming input tax credit upon receipt of the tax invoices from the dealer.

Issues:

Whether Section 19(11) violates Article 14 and 19(1)(g) of the Constitution of India, and whether it's inconsistent with Section 3(3) of the Tamil Nadu Value Added Tax Act, 2006.

Whether Section 19(11) is a directory provision, and if non-compliance can be a ground for denial of input tax credit.

Whether assessing authorities could extend the period for claiming input tax credit beyond what is prescribed in Section 19(11) of the Tamil Nadu VAT Act, 2006.

Held:

The Court found that Section 19(11) does not violate constitutional rights and is consistent with the overall scheme of the Act. It provides an additional benefit to dealers for claiming input tax credit within an extended period.

The conditions for claiming input tax credit must be strictly construed. Section 19(11) mandates a specific time period for making claims, which cannot be extended beyond what is prescribed .

There is no provision in the Act empowering authorities to extend the period for claiming input tax credit beyond what is provided in Section 19(11). Taxing statutes must be strictly construed, and benefits are to be extended only as per the restrictions outlined therein.

Decision: The appeals were dismissed, upholding the validity of Section 19(11) and affirming that the prescribed conditions and timelines for claiming input tax credit must be adhered to under the Tamil Nadu VAT Act, 2006.

Facts:

The Maharashtra Housing Area Development Authority (MHADA) advertised the sale of flats at Powai Project.

Three cooperative housing societies and the appellant (Powai Panchsheel Co-op Hsg Society) submitted offers to purchase the flats.

The Board accepted the offers from the three societies but did not consider the appellant's offer.

The appellant challenged this decision in the High Court, alleging mala fides and legal grounds.

The High Court dismissed the appellant's writ petition, upholding the Board's decision.

Issues:

Whether the Board's decision to exclude the appellant's offer was justified.

Whether the Board's decision violated Article 14 of the Constitution of India.

Whether there were any grounds for alleging mala fides against the Board officials.

Held:

The Supreme Court held that the Board's decision to exclude the appellant's offer was unjustified and violated Article 14 of the Constitution of India. The Court found the decision to be unreasonable, arbitrary, and inconsistent with established legal principles.

Therefore, the Court allowed the appeal, set aside the High Court's decision, and quashed the Board's resolution related to the sale of flats to the three societies. The Board was directed to reconsider all offers, including the appellant's, in accordance with the law.