Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7343-7350 OF2019THE MAVILAYI SERVICE COOPERATIVE BANK LTD. & ORS. Appellants Versus COMMISSIONER OF INCOME TAX, CALICUT & ANR. Respondents WITH CIVIL APPEAL NO.8315 OF2019AND CIVIL APPEAL NO . OF2021(@ SLP(C) NO._________ OF2021 (DIARY No.31268 OF2019 JUDGMENT R.F. Nariman, J.1. I.A. Nos.192273 and 192277 of 2019 are allowed. Leave granted in the Special Leave Petition arising out of Diary No.31268 of 2019. 12. These appeals have been filed by co-operative societies who have been registered as primary agricultural credit societies, together with one multi-State co-operative society, and raise important questions as to deductions that can be claimed under section 80P(2)(a) (i) of the Income-Tax Act, 1961 (IT Act); and in particular, whether these assessees are entitled to such deductions after the introduction of section 80P(4) of the IT Act by section 19 of the Finance Act, 2006 (21 of 2006) with ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION(C) NO.26 OF2020MANISH KUMAR PETITIONER(S) VERSUS UNION OF INDIA AND ANOTHER RESPONDENT(S) WITH WRIT PETITION (C) No.53/2020 WRIT PETITION (C) No.28/2020 WRIT PETITION (C) No.47/2020 WRIT PETITION (C) No.27/2020 WRIT PETITION (C) No.73/2020 WRIT PETITION (C) No.328/2020 WRIT PETITION (C) No.210/2020 WRIT PETITION (C) No.191/2020 WRIT PETITION (C) No.164/2020 WRIT PETITION (C) No.163/2020 WRIT PETITION (C) No.166/2020 WRIT PETITION (C) No.173/2020 WRIT PETITION (C) No.182/2020 WRIT PETITION (C) No.176/2020 WRIT PETITION (C) No.177/2020 WRIT PETITION (C) No.257/2020 WRIT PETITION (C) No.341/2020 WRIT PETITION (C) No.267/2020 WRIT PETITION (C) No.333/2020 1 WRIT PETITION (C) No.337/2020 WRIT PETITION (C) No.388/2020 WRIT PETITION (C) No.402/2020 WRIT PETITION (C) No.390/2020 WRIT PETITION (C) No.393/2020 WRIT PETITION (C) No.783/2020 TRANSFERRED CASE(C) No.228/2020 WRIT PETITION (C) No.579/2020 WRIT PETITI...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.9241 of 2019 Gujarat Urja Vikas Nigam Limited .... Appellant Versus Mr. Amit Gupta & Ors. .... Respondents 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The appeal B The genesis of the PPA C Initiation of CIRP D Termination of the PPA E Proceedings before NCLT and NCLAT F Proceedings by the Successful Resolution Applicant G Submissions of counsel G.1 Submissions on behalf of the appellant G.2 Submissions on behalf of the respondents H Issues arising from the dispute I Jurisdiction of the NCLT/NCLAT over contractual disputes I.1 Section 60(5)(c): arising out of and in relation to I.2 Jurisdiction of NCLT and GERC I.3 Residuary jurisdiction of the NCLT under Section 60(5)(c) J Validity of ipso facto clauses J.1 Position of international and multilateral organisations 2 J.2 National jurisdictions J.3 Position in India K Appellan...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.29432944 OF2020KALPRAJ DHARAMSHI & ANR. ...APPELLANT(S) VERSUS KOTAK INVESTMENT ADVISORS LTD. & ANR. .... RESPONDENT(S) WITH CIVIL APPEAL NOS.31383139 OF2020CIVIL APPEAL No.29492950 OF2020CIVIL APPEAL No.847848 /2021 [D.NO.24125 OF2020 JUDGMENT B.R. GAVAI, J.1. Leave to file Civil Appeal in Diary No.24125 of 2020 is granted. 22. All these appeals, assail the judgment and order of the National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as NCLAT) dated 5.8.2020, passed in Company Appeal (AT) (Insolvency) Nos. 344345 of 2020.3. By the said judgment and order dated 5.8.2020, NCLAT has allowed the appeals filed by Kotak Investment Advisors Limited (hereinafter referred to as KIAL), respondent No.1 herein, aggrieved by two separate orders dated 28.11.2019 passed by National Company Law Tribunal, Mumbai Bench (hereinafter referred to as NCLT or Adjudicating Authority) in M.A. No.10...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3395 OF2020JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION & ORS. . APPELLANT(S) VERSUS NBCC (INDIA) LTD. & ORS. . RESPONDENT(S) WITH CIVIL APPEAL No.3396 of 2020, T.C (C) Nos. 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 of 2020, Civil Appeal No.1056 of 2021 @ SLP(C) No.5144 of 2021@ Diary No.18129 of 2020, Civil Appeal No.1057 of 2021 @ SLP(C) No.10543 of 2020 and Diary No.20274 of 2020 JUDGMENT Dinesh Maheshwari, J.Introductory Permission to file special leave petition(s) and leave granted in respective Petition(s) for Special Leave to Appeal.2. This batch of civil appeals, special appeals and transfer cases essentially relate to the resolution plan1 in the corporate insolvency resolution process2 under the Insolvency and Bankruptcy Code, 20163 1 Hereinafter, at some places, it has also been referred to as the plan. 2 CIRP for short. 3 Hereinafter also referred to as the Code or IBC....
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO.8129 OF2019GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY ...APPELLANT(S) VERSUS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. .... RESPONDENT(S) WITH CIVIL APPEAL NO.____1554_______ OF2021[Arising out of Special Leave Petition No.11232 of 2020]. WRIT PETITION (CIVIL) NO.1177 OF2020CIVIL APPEAL NOS.______15501553____________ OF2021[Arising out of Special Leave Petition Nos.71477150 of 2020]. JUDGMENT B.R. GAVAI, J.21. Leave granted in Special Leave Petition (Civil) Nos. 11232 of 2020 and 71477150 of 2020.2. The short but important questions, that arise for consideration in this batch of matters, are as under: (i) As to whether any creditor including the Central Government, State Government or any local authority is bound by the Resolution Plan once it is approved by an adjudicating authority under subsection (1) of Section 31 of the ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO.3123 of 2020 DR. JAISHRI LAXMANRAO PATIL ...APPELLANT(S) VERSUS THE CHIEF MINISTER & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3124 of 2020 SANJEET SHUKLA ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA ...RESPONDENT(S) WITH CIVIL APPEAL NO.3133 of 2020 KRISHNAJI DATTATRAYA MORE ...APPELLANT(S) VERSUS DR. JAISHRI LAXMANRAO & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3134 of 2020 MADHUSHRI NANDKISHOR JETHLIYA & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) 2 WITH CIVIL APPEAL NO.3131 of 2020 DEVENDRA ROOPCHAND JAIN & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ANR. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3129 of 2020 KAMALAKAR SUKHDEO DARODE @ DARWADE ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH WRIT PETITION (C) NO.915 of 2020 DESHMUKH ESHA GIRISH ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S)...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.1088 OF2020AJIT MOHAN & ORS. PETITIONERS VERSUS LEGISLATIVE ASSEMBLY NATIONAL CAPITAL TERRITORY OF DELHI & ORS. RESPONDENTS INDEX S. No.Contents Page No.1. Prolegomenon 2 2. The Factual Context 10 3. The Submissions 33 (a) The Privilege Issue 35 (b) Privileges, Free Speech and Privacy 73 (c) Legislative Competence 89 4. Recent Developments 129 5. The Opinion 135 (a) On the issue of Privilege 143 (b) On Privileges & Fundamental Rights 160 (c) On Legislative Competence 164 6. Conclusion 185 7. Postscript 187 [1]. JUDGMENT SANJAY KISHAN KAUL, J.Prolegomenon1:1. The technological age has produced digital platforms not like the railway platforms where trains were regulated on arrival and departure. These digital platforms can be imminently uncontrollable at times and carry their own challenges. One form of digital platforms are the intermediaries that claim to be providing a platform for exchange of ...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No.502 of 2021 Madras Bar Association .... Petitioner(s) Versus Union of India & Another . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.1. The Madras Bar Association has filed this Writ Petition seeking a declaration that Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and 186 (2) of the Finance Act, 2017 as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 as ultra vires Articles 14, 21 and 50 of the Constitution of India inasmuch as these are violative of the principles of separation of powers and independence of judiciary, apart from being contrary to the principles laid down by this Court in Union of India v. R. Gandhi, President, Madras 1 | Pa ge Bar Association1, Madras Bar Association v. Union of India & Anr.2, Rojer Mathew v. South Indian Bank Limited & Ors.3 and Madras Bar Ass...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 4492-4493 OF2021AMAZON.COM NV INVESTMENT HOLDINGS LLC APPELLANT VERSUS FUTURE RETAIL LIMITED & ORS. RESPONDENTS WITH CIVIL APPEAL NOs. 4494-4495 OF2021CIVIL APPEAL NOs. 4496-4497 OF2021JUDGMENT R.F. NARIMAN, J.1. Two important questions arise in these appeals first, as to whether an award delivered by an Emergency Arbitrator under the Arbitration Rules of the Singapore International Arbitration Centre [SIAC Rules]. can be said to be an order under Section 17(1) of the Arbitration and Conciliation Act, 1996 [Arbitration Act].; and second, as to whether an order passed under Section 17(2) of the Arbitration Act in enforcement of 1 the award of an Emergency Arbitrator by a learned Single Judge of the High Court is appealable.2. The brief facts necessary to appreciate the context in which these two questions arise are as follows:2. 1. Proceedings were initiated by the Appellant, Amazon.com NV Investm...
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