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Jul 22 2020 (SC)

Shiv Raj Gupta Vs. Commissioner of Income-Tax, Delhi Iv

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.12044 OF2016SHIV RAJ GUPTA Appellant Versus COMMISSIONER OF INCOME-TAX, DELHI-IV Respondent JUDGMENT R.F. Nariman, J.1. The present appeal relating to assessment year 1995-96 is by one Shri Shiv Raj Gupta, who was the Chairman and Managing Director of M/s Central Distillery and Breweries Ltd. (hereinafter referred to as CDBL), which had a unit in Meerut manufacturing beer and Indian Made Foreign Liquor (hereinafter referred to as IMFL). The facts leading to an appreciation of the issues raised in this appeal are as follows.2. By a Memorandum of Understanding (hereinafter referred to as MoU) dated 13.04.1994, made between the appellant and three group companies of M/s Shaw Wallace Company Group (hereinafter referred to as SWC group), the appellant, his wife, son, daughter-in-law and two daughters were the registered holders of 1,86,109 equity shares of 1 INR10each constituting 57.29% of the paid-up equ...

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Jul 22 2020 (SC)

Director of Income Tax -Ii New Delhi Vs. M/S Samsung Heavy Industries ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.12183 OF2016DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI & ANR. Versus M/S SAMSUNG HEAVY INDUSTRIES CO. LTD. Appellants ...Respondent JUDGMENT R.F. Nariman, J.1. This appeal by the Department revisits the question as to the taxability of income attributable to a permanent establishment set up in a fixed place in India, arising from the Agreement for avoidance of double taxation of income and the prevention of fiscal evasion with the Republic of Korea (DTAA). 1 2. On 28.02.2006, the Oil and Natural Gas Company (ONGC) awarded a turnkey contract to a consortium comprising of the Respondent/Assessee, i.e. Samsung Heavy Industries Co. Ltd. (a Company incorporated in South Korea), and Larsen & Toubro Limited, being a contract for carrying out the Work, inter alia, of surveys, design, engineering, procurement, fabrication, installation and modification at existing facilities, and start-up and...

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Jul 17 2020 (SC)

V. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .

Court : Supreme Court of India

CIVIL APPEAL NOS.1021-1026 OF2013 ETC. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1021-1026 OF2013V. KALYANASWAMY(D) BY LRS. & ANR. ... APPELLANT(S) VERSUS L. BAKTHAVATSALAM(D) BY LRS. & ORS. ... RESPONDENT(S) WITH CIVIL APPEAL NOS.1027-1032 OF2013CIVIL APPEAL NOS.1033-1038 OF2013CIVIL APPEAL NOS.1039-1044 OF2013AND CIVIL APPEAL NOS.1045-1050 OF2013JUDGMENT K.M. JOSEPH, J.1. One R. Venkitusamy Naidu had two sons and five daughters. Lakshmiah Naidu and Rangaswami Naidu were the sons of R. Venkitusamy Naidu. Rangaswami Naidu was married to one R. Krishnammal. They had no issues. Lakshmiah Naidu had four sons, viz., Bakthavatsalam, 1 CIVIL APPEAL NOS.1021-1026 OF2013 ETC. Venkatapathy, Jagannathan and Ramaswamy. Two civil suits have generated these appeals by special leave before us. O.S. No.649 of 1985 has been filed by those who claimed under Lakshmiah Naidu whereas the plaintiff in O.S. No.89 of 1983 is one of legatees under a Will allegedly ...

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Jul 17 2020 (SC)

M/S Ultratech Cement Ltd Vs. The State of Rajasthan

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2773 OF2020(Arising out of SLP(Civil) No.2252 of 2019) M/S. ULTRATECH CEMENT LTD. & ANR. .APPELLANT(S) VERSUS STATE OF RAJASTHAN & ORS. .RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.PRELIMINARY AND BRIEF OUTLINE Leave granted.2. This appeal is directed against the judgment and order dated 11.01.2019 passed in D.B. Civil Writ Petition No.9090 of 2018, whereby the High Court of Judicature for Rajasthan, Bench at Jaipur, dismissed the writ petition filed by the appellants while upholding the order of revision dated 12.03.2018 as passed by the Additional Chief Secretary, Finance, Government of Rajasthan, Jaipur1 in revision proceedings under Clause 13 of the Rajasthan Investment Promotion Scheme-20032. 1 ACS for short 2 Hereinafter also referred to as RIPS-2003 or simply the Scheme. 1 2.1. The appellant No.1, M/s Ultratech Cement Limited (Unit-Kotputli Cement Works), is a public limited company registered ...

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Jul 17 2020 (SC)

Pyare Lal Vs. State of Haryana

Court : Supreme Court of India

Criminal Appeal No.1003 of 2017 Pyare Lal vs. State of Haryana 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1003 OF2017PYARE LAL Appellant Versus ORDER STATE OF HARYANA Uday Umesh Lalit, J.Respondent 1. The Appellant (original Accused No.1) stands convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to other punishments including fine and default sentence under certain other offences. While granting Special Leave to Appeal, this Court by its Order dated 04.07.2017 rejected the prayer for bail. Another application for bail was thereafter preferred and when the application came up for consideration, it was reported that after having completed 8 years of actual sentence and the Appellant being aged above 75 years, in accordance with the existing policy of the State Criminal Appeal No.1003 of 2017 Pyare Lal vs. State of Haryana 2 Government, he was prematurely released in 201...

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Jul 14 2020 (SC)

Director General (Road Development) National Highways Authority of Ind ...

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA (CIVIL APPELLATE JURISDICTION) REPORTABLE CIVIL APPEAL No.6932 OF2015THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA ...APPELLANT(S) VERSUS AAM AADMI LOKMANCH & ORS. ...RESPONDENTS WITH C.A. No.5971 OF2019C.A. No.4379 OF2018C.A. No.2741 OF2020(ARISING OUT OF DIARY No.19018 OF2018 C.A. No.6862 OF2018C.A. No.2742 OF2020(ARISING OUT OF SLP (C) No.28178 OF2018 C.A. No.11803 OF2018C.A. No.2743 OF2020(ARISING OUT OF SLP (C) No.1706 OF2019 C.A. No.2744 OF2020(ARISING OUT OF DIARY No.1632 OF2019 S. RAVINDRA BHAT, J.JUDGMENT1 Leave granted in SLP (C) Nos. 28178/2018, 1706/2019, Diary No.19018 of 2018 and 1632 of 2019. With consent of counsel for the parties, they were tagged with the companion civil appeals and heard finally. 2 2. On 06 June, 2013, when Ms. Vishakha Wadekar, was driving her car with her young daughter, Sanskruti Wadekar she had no inkling that danger lurked round the corner of the highway; over-mining at the height of...

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Jul 14 2020 (SC)

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 20825-20826 OF2017ARJUN PANDITRAO KHOTKAR Appellant Versus KAILASH KUSHANRAO GORANTYAL AND ORS. Respondents WITH CIVIL APPEAL NO.2407 OF2018CIVIL APPEAL NO.3696 OF2018JUDGMENT R.F. Nariman, J.1. 2. I.A. No.134044 of 2019 for intervention in C.A. Nos. 20825- 20826 of 2017 is allowed. These Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference order dated 26.07.2019, dealing with the interpretation of Section 65B of the Indian 1 Evidence Act, 1872 (Evidence Act) by two judgments of this Court. In the reference order, after quoting from Anvar P.V. v. P.K. Basheer & Ors. (2014) 10 SCC473(a three Judge Bench decision of this Court), it was found that a Division Bench judgment in SLP (Crl.) No.9431 of 2011 reported as Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC801may need reconsideration by a Bench of a larger strength.3. The brief...

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Jul 14 2020 (SC)

Rajeev Gandhi Memorial College of Engineering and Technology Vs. The S ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2739 OF2020(Arising out of SLP (C) No.20049/2019) RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY & ANR. Appellant(s) VERSUS THE STATE OF ANDHRA PRADESH & ORS. Respondent(s) WITH CIVIL APPEAL No.2740 OF2020(Arising out of SLP (C) No.20148/2019) JUDGMENT R.F. Nariman, J.1)2) 3) Leave granted. Applications for Intervention are allowed. The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (for short the Act), inter alia, deals with fee fixation insofar as unaided institutions like the present two institutions are concerned.4) For the years 2016-2019, so far as the petitioner in the first matter is concerned, the fee was fixed at Rs.86,800/-, and so far as the Petitioner in the second matter is concerned, it was fixed at Rs. 59,500/- per student. Thereafter for the next block of two years i.e. 2 2019-2020, proposals were made by b...

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Jul 13 2020 (SC)

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

Civil Appeal No.2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/CIVIL ORIGINAL/INHERENT JURISDICTION CIVIL APPEAL NO.2732 OF2020[Arising Out of Special Leave Petition (C) No.11295 of 2011]. SRI MARTHANDA VARMA (D) THR. LRs. & ANR. Appellants STATE OF KERALA & ORS. VERSUS WITH Respondents CIVIL APPEAL No.2733 OF2020[Arising Out of Special Leave Petition (C) No.12361 of 2011]. AND WRIT PETITION(C) No.518 OF2011AND CONMT. PET.(C) No.493 OF2019IN SLP(C) No.12361 OF2011Civil Appeal No.2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 2 JUDGMENT Uday Umesh Lalit, J.1. Leave granted in Special Leave Petition (Civil) No.11295 of 2011 and Special Leave Petition (Civil) No.12361 of 2011.2. Sree Chithira Thirunal Balarama Varma who as Ruler of Covenanting State of Travancore had ente...

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Jul 09 2020 (SC)

Dahiben Vs. Arvindbhai Kalyanji Bhanusali (Gajra) (D) Thr. Lrs.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9519 OF2019(Arising out of SLP (Civil) No.11618 of 2017) DAHIBEN versus ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR LRS & ORS. Appellant Respondents JUDGMENT INDU MALHOTRA, J.1. The present Civil Appeal has been filed to challenge the impugned Judgment and Order dated 19.10.2016 passed by a Division Bench of the Gujarat High Court, which affirmed the Order of the Trial Court, allowing the application filed by Defendant Nos. 2 and 3/Respondent Nos. 2 and 3 herein under Order VII Rule 11(d), CPC holding that the suit filed by the Appellant and Respondent Nos. 9 to 13 herein (hereinafter referred to as the Plaintiffs) was barred by limitation.2. The subject-matter of the present proceedings pertains to a plot of agricultural land of old tenure, admeasuring approximately 1 8701 sq. mtrs. in Revenue Survey No.610, Block No.573 situated in village Mota Varachha, Sub-District Surat (hereinafter referred t...

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