Facts:

Dispute arose between Navnirman Development Consultants (I) Pvt. Ltd. (appellant) and Divisional Commissioner and President District Sports Complex Executive Committee (respondent) regarding non-payment of bills for construction of a sports complex.

Appellant invoked the arbitration clause in the agreement.

Despite demand, respondent failed to constitute the Arbitral Tribunal, leading appellant to approach the High Court for appointment.

Arbitral Tribunal passed an award in favor of the appellant, later modified by the District Judge on respondent's challenge.

Appellant's appeal to the High Court was dismissed, leading to filing of review petition and subsequent appeals to the Supreme Court.

Issues:

Proper analysis and reasoning lacking in the High Court's decision.

Appeal dismissed in absence of both parties.

Failure to record reasoned findings and provide opportunity for appellant to explain non-appearance.

Appropriate procedural remedies not considered.

Held:

The Supreme Court found procedural irregularities in the High Court's decision, emphasizing the lack of reasoned findings and the dismissal of the appeal in the absence of both parties. The Court noted the failure to consider appropriate procedural remedies and directed the case to be remanded to the High Court for fresh consideration on merits.( Paragraph 10-18)

The Supreme Court allowed the appeals in part, set aside the impugned order, and remanded the case to the High Court for fresh consideration. The Court stressed the importance of providing reasoned findings and observing procedural fairness in appellate proceedings.( Paragraph 22-23)

FACTS:

The Assam State Electricity Board (Appellant) entered into a contract with Buildworth Pvt Ltd (Respondent) for the supply and installation of a circulating Water Piping System.

Several claims were raised by the respondent during the arbitration proceedings, including price variation, idling charges, compensation for extended stay, and interest.

The arbitrator awarded a sum to the respondent for idling charges, escalation, and interest for a specified period.

The Board challenged the award, arguing against the award of price escalation and idling charges due to alleged delays caused by the respondent.

The High Court upheld the award on merits but set aside the award of interest for a specific period.

ISSUES:

Whether the arbitrator erred in awarding price escalation and idling charges.

Whether interest could be awarded for the pre-reference period and pendente lite under the Arbitration Act, 1940.

HELD:

The arbitrator's decision to award price escalation and idling charges was upheld by the Supreme Court. The Court found that the arbitrator's interpretation of the contract provisions and consideration of relevant evidence were within his jurisdiction.

The Supreme Court affirmed the arbitrator's authority to award interest for the pre-reference period, contrary to the High Court's ruling. It held that Section 29 of the Arbitration Act, 1940 did not preclude the arbitrator from awarding interest prior to the decree.

Accordingly, the appeal filed by the claimant was allowed, and the appeal filed by the Board was dismissed. The claimant was entitled to interest on the sum awarded from a specified date until payment or realization, with the rate modified to 12% per annum.

Facts:

The case involved an appeal filed by Roger Shashoua against Mukesh Sharma before the Supreme Court of India. The dispute pertained to matters governed by the Arbitration and Conciliation Act, 1996.

Issues:

The Court was to determine the precedential value and interpretation of the ratio decidendi in judicial decisions, particularly in the context of the Arbitration and Conciliation Act, 1996.

Held:

The Court emphasized the importance of understanding the precedential value and the principle of ratio decidendi in judicial decisions. The Court highlighted the necessity to carefully deliberate on the judgment, considering the facts presented, the context of legal questions, and the law as pronounced. It was clarified that the judgment should be examined in its entirety, and any principles laid down therein should be considered in light of the specific issues under consideration in the case.

Furthermore, the Court cautioned against selectively extracting information from a judgment and emphasized the importance of focusing on what has been explicitly decided rather than attempting to deduce implications through a syllogistic process.

Facts:

The case pertains to the introduction of service tax on chit funds effective from June 1, 2007, as per the provisions of the Finance Act, 2007.

Issues:

Whether chit fund activities can be classified as cash management or fund management.

Interpretation of the relevant provisions of the Finance Act, 2007, in relation to chit funds.

Held:

The Court discusses the concept of cash management, emphasizing its role in optimizing cash as an asset. It concludes that chit fund activities do not constitute cash management as traditionally understood in business contexts.

Similarly, the Court analyzes whether chit funds can be considered a form of fund management. It determines that chit fund operations do not align with the conventional understanding of fund management.

Therefore, the chit fund business is deemed not covered by the relevant provisions of the Finance Act, 2007, for the purpose of service tax.

Decision: The Court dismisses the appeals, affirming its decision that chit fund businesses are not subject to service tax under the relevant provisions of the Finance Act, 2007.

Facts:

The case involves the interpretation of provisions under the Motor Vehicles Act, 1988, specifically related to driving licences and the classification of vehicles. The question at hand is whether drivers holding licences for light motor vehicles require additional endorsements to drive transport vehicles within the same class.

Issues:

The interpretation of relevant sections of the Motor Vehicles Act, including Section 2(21), 10(2)(d), and 10(2)(e), as well as related rules and forms.

The key question is whether the insertion of "transport vehicle" in Section 10(2)(e) affects the existing classification of light motor vehicles as transport vehicles.

Held:

The court held that the definition of "light motor vehicle" includes vehicles with gross vehicle weight or unladen weight not exceeding 7500 kgs, encompassing various types of vehicles such as motor cars, road rollers, or tractors.

It was further held that driving licences are issued based on classes of vehicles, not specific types, meaning that a licence for a light motor vehicle includes authorization to drive transport vehicles of that class without requiring additional endorsements.

The court clarified that the 1994 amendment to Section 10(2)(e) did not negate the existing category of light motor vehicles as transport vehicles, emphasizing that the insertion of "transport vehicle" in this section was intended to simplify classification and licensing procedures.

Emphasizing the importance of interpreting statutes in line with legislative intent, the court underscored that courts should not add provisions to statutes beyond what is clearly stated within the law.

Regarding the validity period and forms related to driving licences, the court held that the validity period for licences should be consistent across categories of vehicles .

Finally, the court affirmed that drivers do not need separate endorsements to drive vehicles used for private purposes or for hire or reward if they hold valid licences for the relevant class of vehicle.

Facts:

The case involved an appeal against the judgment and order passed by the High Court of Judicature at Madras, affirming the conviction and sentence of the appellant, Muttaicose @ Subramani, under Section 302 of the Indian Penal Code (IPC).

The prosecution alleged that the appellant, along with other accused, assaulted several individuals, resulting in the death of Natrajan. The incident stemmed from a dispute over land between the appellant and the deceased.

Issues:

Delay in lodging the FIR.

Credibility of related witnesses.

Existence of motive for the appellant to commit murder.

Held and Decision:

The Supreme Court, after considering the arguments and evidence presented by both parties, held as follows:

Delay in lodging the FIR: The Court rejected the appellant's argument regarding the delay in lodging the FIR. It emphasized established legal principles that mere delay does not invalidate the prosecution's case, especially when a satisfactory explanation for the delay is provided (Paragraph 8).

Credibility of related witnesses: The Court dismissed the contention that witnesses' familial relationship with the informant discredited their testimony. It held that their injuries corroborated their version of events, and their testimony was deemed credible (Paragraph 11).

Existence of motive for the appellant: The Court found that the appellant's armed assault on the deceased, despite no provocation from the latter, indicated the commission of culpable homicide amounting to murder (Paragraph 12).

In conclusion, the Supreme Court dismissed the appeal and upheld the conviction and sentence of the appellant under Section 302 IPC (Paragraph 14).

Facts:

The case involved the custody of a minor daughter who was allegedly removed from the custody of her father in the UK by her mother. The High Court issued a writ for the production of the minor daughter, and the matter was brought before the Supreme Court of India.

Issues:

Whether the custody of the minor with her mother, as opposed to returning her to her native state as per the order of the UK court, is in the best interests of the child.

Whether the order passed by the foreign court renders the custody of the minor unlawful.

Whether the principle of comity of courts should prevail over the welfare of the child.

The role of habeas corpus in cases involving the custody of a minor child.

Whether the custody of the minor with her mother is presumed lawful, and under what exceptional circumstances it may be ordered to be taken away.

Held:

The Court held that it is within the jurisdiction of Indian courts to consider the welfare of the child as the paramount consideration, regardless of any pre-existing order of a foreign court. The minor daughter's custody with her mother was deemed to be in her best interests, given her medical condition and familial environment in India. (Para 26, 33, 38-42)

The Court clarified that an order passed by a foreign court directing the mother to produce the child before it does not necessarily render the custody unlawful. The custody of the minor with her mother, being her biological mother, is presumed lawful unless exceptional circumstances dictate otherwise. (Para 30, 31, 32)

The principle of comity of courts cannot override the welfare of the child. The Court emphasized that the welfare of the child is of paramount importance and must be considered above all else. (Para 38-42)

The Court discussed the role of habeas corpus in cases involving the custody of a minor child, emphasizing that the principal duty of the court is to ascertain whether the custody of the child is unlawful and whether a change in custody is in the child's best interests. (Para 29, 30)

The Court reiterated that custody of a minor child with the mother is presumed lawful, and only in exceptional situations can custody be ordered to be taken away from the mother. (Para 30)

Decision: The Court allowed the appeal, holding that the custody of the minor daughter with her mother is in her best interests. The Court directed that until the minor child attains majority, she should remain in the custody of her mother, with visitation rights granted to the father. The Court also outlined conditions for visitation and interactions between the father and the child. (Para 44, 45)

Facts:

The case arose from a dispute over the renewal of pharmacist registrations by the Chhattisgarh Pharmacy Council following the reorganisation of the Madhya Pradesh Pharmacy Council under the Madhya Pradesh Reorganisation Act, 2000.

Issues:

Whether the new State of Chhattisgarh had the authority to constitute a Registration Tribunal under Section 30 of the Pharmacy Act,

Whether it could undertake the renewal of registrations already included in the First Register of pharmacists prepared by the erstwhile State of Madhya Pradesh.

Held:

The Supreme Court held that the First Register prepared by the erstwhile State of Madhya Pradesh would be deemed as the First Register for the newly formed State of Chhattisgarh based on territorial nexus. Therefore, there was no necessity to open a new First Register or constitute a Registration Tribunal under Section 30 of the Pharmacy Act.

Pharmacists registered in the First Register of the erstwhile State of Madhya Pradesh could renew their registration in Chhattisgarh under Section 32(2) of the Pharmacy Act, without needing to satisfy the qualifications prescribed by the Education Regulation.

The constitution of the Registration Tribunal by the State of Chhattisgarh and the registrations carried out by it were declared invalid and illegal.

Facts:

The case involves the interpretation and application of the Pharmacy Act, 1948, in the context of the formation of the state of Jharkhand from the territory of Bihar. Specifically, it addresses the preparation and recognition of the First Register of pharmacists and the qualifications required for registration under the Act.

Issues:

The court include determining the status of the First Register prepared by Bihar before reorganization in the newly formed state of Jharkhand, the applicability of qualifications for registration under the Pharmacy Act, and the interpretation of provisions of the Bihar Reorganization Act, 2000, regarding the continuity of laws in reorganized states.

Held:

The court recognized the significance of the Pharmacy Act, 1948, in regulating the profession and practice of pharmacy in India, particularly in ensuring minimum standards of professional education for pharmacists (Para 12-13).

It clarified that the qualifications for registration under the Pharmacy Act differed for the preparation of the First Register and subsequent registration, with the latter requiring compliance with Education Regulations (Para 18).

Regarding the status of the First Register in Jharkhand, the court held that it should be deemed as the First Register of Jharkhand to the extent it contains pharmacists native to the territories transferred to Jharkhand (Para 34-35).

The court emphasized the continuity of laws in reorganized states under the Bihar Reorganization Act, 2000, rejecting the principle of a "clean slate" (Para 36-37).

In line with the above findings, the court upheld the decision that there was no need to prepare the First Register again for Jharkhand and directed future registrations to comply strictly with the Pharmacy Act Accordingly this appeal is disposed of. (Para 38-39, 41-42).