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Sep 17 2020 (SC)

M/S Msd Real Estate Llp Vs. Collector of Stamps

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3194 OF2020(ARISING OUT OF SLP(C) NO.7990 OF2020 M/S. MSD REAL ESTATE LLP ...APPELLANT(S) VERSUS THE COLLECTOR OF STAMPS & ANR. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.Leave granted.2. This appeal has been filed against the judgment of the High Court of Madhya Pradesh at Indore dated 10.06.2020 by which the writ petition filed by the appellant challenging the notice dated 04.06.2020 issued by Additional Tehsildar (Recovery), District Indore as well as notice dated 04.06.2020 issued by 2 Building Officer, Zone No.09, Municipal Corporation Indore has been dismissed.3. Brief facts giving rise to this appeal are: The property in question in this appeal is Lantern Hotel having Municipal No.28, Yeshwant Niwas Road, Indore with regard to which a Deed of Assent was executed on 21.04.2005 by the Trustees of Private Trust, namely, H.C. Dhanda Trust. H.C. Dhanda executed Will dated 26.10.2002. The Collector ...

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Sep 17 2020 (SC)

Trustees of h.c.dhanda Trust Vs. The State of Madhya Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3195-3196 (ARISING OUT OF SLP(C)Nos.10972-10973 OF2020 OF2020TRUSTEES OF H.C. DHANDA TRUST ...APPELLANT VERSUS STATE OF MADHYA PRADESH & ORS. ...RESPONDENTS JUDGMENT ASHOK BHUSHAN,J.Leave granted.2. The appellant by these appeals challenges the judgment of learned Single Judge of the High Court of Madhya Pradesh, Bench at Indore in Writ Petition No.8888 of 2011 dated 30.03.2017 dismissing the Writ Petition of the appellant as well as the judgment dated 04.09.2017 of the Division Bench dismissing the Writ Appeal filed by the appellant against the judgment of 2 the learned Single Judge. The Division Bench has dismissed the writ appeal vide its judgment dated 04.09.2017 holding it as not maintainable.3. Brief facts of the case giving rise to these appeals are: Late Shri Harish Chand Dhanda, a Minister in erstwhile Government of Maharaja Holkar of Indore received the free gift of land measuring 108,90...

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Sep 17 2020 (SC)

Lalan D. @ Lal Vs. The Oriental Insurance Company Ltd.

Court : Supreme Court of India

[NonReportable]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2855 OF2020(arising out of Special Leave Petition (Civil) No.2131 of 2018) Lalan D. @ Lal & Anr. ..Appellant(s) Vs. The Oriental Insurance Company Ltd. Respondent(s) JUDGMENT ANIRUDDHA BOSE, J.The appellants before us are a victim of a road accident and his wife. The first appellant is the victim. The accident occurred on 31st December 2003 while the victim was riding his bicycle along the side of AlappuzhaKolam highway. At the time of institution of the claim petition before the Motor Accidents Claims Tribunal, Alappuzha under Section 166 of the Motor Vehicles Act, 1988 (the Act), out of which this appeal arises, the first appellant was unconscious and was represented by his wife as the legal guardian and next friend. She was also a co Page 1 of 16 applicant before the Tribunal. It was claimed before the forum of first instance that the victim was skilled labourer in a building construction pro...

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Sep 16 2020 (SC)

Government of India Vs. Vedanta Limited (Formerly Cairn India Ltd.)

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3185 OF2020(Arising out of SLP (Civil) No.7172 of 2020) GOVERNMENT OF INDIA1 VEDANTA LIMITED (Formerly Cairn India Ltd.) APPELLANTS Versus 2. RAVVA OIL (SINGAPORE) PTE. LTD.3. VIDEOCON INDUSTRIES LIMITED RESPONDENTS JUDGMENT INDEX Background Facts Relevant Terms of the Production Sharing Contract Genesis of Dispute Challenge to the Award before the Seat Courts at Kuala Lumpur Submissions on behalf of the Appellants Submissions on behalf of the Respondents I II III IV V VI VII Discussion and Analysis 2 3 8 13 15 22 28 Part A Limitation for filing an enforcement/ execution petition of a foreign 28 award under Section 47 of the 1996 Act Part B Scheme of the 1996 Act for enforcement of New York Convention 37 awards Part C Whether the Malaysian Courts were justified in applying the 44 Malaysian law of public policy while deciding the challenge to the foreign award?. Part D Whether the foreign award is in ...

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Sep 16 2020 (SC)

Neetu Kumar Nagaich Vs. The State of Rajasthan

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO.141 OF2020NEETU KUMAR NAGAICH ...PETITIONER (S) VERSUS THE STATE OF RAJASTHAN AND OTHERS ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.The deceased aged 21 years, a 3rd year student at the National Law University Jodhpur, was the only son of the petitioner. She seeks justice to unravel the mystery of her sons homicidal death, dissatisfied with the investigation carried out by the State Police. The investigation has reached a dead end without identification of the offenders. The prayer in the writ petition is therefore for a mandamus to transfer the investigation in FIR No.155 of 2018 dated 29.06.2018 registered under Section 302 of the Indian Penal Code at the Mandore Police Station, Jodhpur City, Rajasthan to the Central Bureau of Investigation. 1 2. Shri Sunil Fernandes, learned counsel for the petitioner, submits that in the evening of 13.08.2017 the deceased had gone out of the hostel to a re...

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Sep 16 2020 (SC)

Balasore Alloys Limited Vs. Medima Llc

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION ARBITRATION PETITION (CIVIL) No.15/2020 Balasore Alloys Limited . Petitioner(s) Versus Medima LLC . Respondent(s) WITH SPECIAL LEAVE PETITION (CIVIL) No.10264 OF2020JUDGMENT1 The Applicant Balasore Alloys Limited is before this Court in this petition filed under Section 11(6) read with Seciton 11(12)(a) of the Arbitration and Conciliation Act, 1996 (Act, 1996 for short) praying that a sole arbitrator be appointed to adjudicate upon all disputes that have arisen between the parties in connection with the 37 purchase orders referred to in the application. Alternatively, it is prayed that the second arbitrator be appointed on account 2 of the failure of the respondent Medima LLC to nominate an arbitrator in terms of the contracts.2. The applicant is a manufacturer of High Carbon Ferro Chrome. The applicant and the respondent accordingly, entered into transactions whereby the applicant agreed to supply the H...

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Sep 16 2020 (SC)

Jugut Ram Vs. The State of Chhattisgarh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.616 OF2020(Arising out of SLP (Crl.) No.7416 of 2018) JUGUT RAM ...APPELLANT(S) VERSUS THE STATE OF CHHATTISGARH ..RESPONDENT(S) JUDGMENT NAVIN SINHA, J.Leave granted.2. The appellant assails his conviction under Section 302 of the Indian Penal Code (in short, IPC) and the consequent sentence of life imprisonment, upheld by the High Court.3. Ms. Nanita Sharma, learned counsel for the appellant, submits that all the four witnesses are related to the deceased. The two independent witnesses were not examined. The serological report with regard to the blood group of the deceased matching that alleged to have been found on the lathi have not been established. The recovery of the lathi has not been properly 1 proved. The deceased did not die immediately, but succumbed to the injuries in the hospital. The assault was at spur of the moment with no premeditation. The appellant had also suffered injuries....

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Sep 15 2020 (SC)

Jeet Ram Vs. The Narcotics Control Bureau, Chandigarh

Court : Supreme Court of India

Crl.A.No.688 of 2013 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.688 OF2013Jeet Ram ..Appellant Versus The Narcotics Control Bureau, Chandigarh ..Respondent JUDGMENT R. Subhash Reddy, J.1. This appeal is filed by the sole accused, in Sessions Trial No.7- 5/2002 of 2001 on the file of Sessions Judge, Shimla, aggrieved by the judgment of conviction dated 11.12.2012 and further order of sentencing the appellant, dated 31.12.2012, passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No.493 of 2003.2. The appellant-accused was tried for a charge punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). The Sessions Judge, Shimla by judgment dated 30.06.2003 acquitted the accused by recording a finding that the case of prosecution was not free from doubt and there were many infirmities in the case of the prosecution to hold that the accused was found to be in possession of char...

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Sep 15 2020 (SC)

Abhilasha Vs. Parkash

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL (arising out of SLP (Crl.) No.8260/2018) No.615 of 2020 ABHILASHA ...APPELLANT(S) VERSUS PARKASH & ORS. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.Leave granted.2. This appeal has been filed by the appellant, daughter of respondent Nos. 1 and 2, challenging the order of the High Court of Punjab and Haryana at Chandigarh dated 16.08.2018 by which order the High Court dismissed the application under Section 482 Cr.P.C. filed by the appellant praying for setting aside the order of the Judicial Magistrate First Class, Rewari dated 16.02.2011 as well as the order dated 17.02.2014 passed by the Additional Sessions Judge, Rewari. 1 3. The brief facts necessary to be noticed for deciding this appeal are:- 3.1 The respondent No.2, mother of the appellant, on her behalf, as well as on behalf of her two sons and the appellant daughter, filed an application under Section 125 Cr.P.C. against her husband, the res...

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Sep 11 2020 (SC)

National Co-Operative Development Corporation Vs. Commissioner of Inco ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5105-5107 OF2009NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION Appellant Versus COMMISSIONER OF INCOME TAX, DELHI-V Respondent JUDGMENT SANJAY KISHAN KAUL, J.1. Which pocket of the Government should be enriched has taken forty-four (44) years to decide a classic case of what ought not to be! The factual matrix:2. The appellant-Corporation, National Co-operative Development Corporation, was established under the National Cooperative 1 Development Corporation Act, 1962 (hereinafter referred to as the NCDC Act). The Preamble of the NCDC Act reads as under: An Act to provide for the incorporation and regulation of a Corporation for the purpose of planning and promoting programmes for the production, processing, marketing, storage, export and import of agricultural produce, foodstuffs, industrial goods, livestock, certain other commodities and services on cooperative principles and for matters connected ...

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