Court : Supreme Court of India
Decided on : Oct-04-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7843 OF2019(Arising out of SLP (Civil) No.9391 of 2019) Ambalal Sarabhai Enterprises Ltd. .Appellant(s) Versus K.S. Infraspace LLP & Anr. . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein is the plaintiff in Commercial Court Suit No.41/2018 filed before the Commercial Court at Vadodara. The respondents herein are arrayed as the defendants to the suit. The respondents on being notified in the suit had appeared and filed the written statement inter alia contending that the suit is not maintainable as the dispute involved cannot be termed 1 as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (CC Act, 2015 for short). In view of such contention, the respondents herein also filed an application under Order VII Rule 10 of the Civil Procedure Code seeking an order to return the plaint to be presented in the Court in which the suit shoul...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2357 OF2017GOVT. OF NCT OF DELHI .....APPELLANT(S) UNION OF INDIA VERSUS WITH .....RESPONDENT(S) CONT. PETITION (CIVIL) No.175 OF2016IN WRIT PETITION (CRIMINAL) No.539 OF1986CIVIL APPEAL No.2360 OF2017CIVIL APPEAL No.2359 OF2017CIVIL APPEAL No.2363 OF2017CIVIL APPEAL No.2362 OF2017CIVIL APPEAL No.2358 OF2017CIVIL APPEAL No.2361 OF2017CRIMINAL APPEAL No.277 OF2017AND CIVIL APPEAL No.2364 OF20172 JUDGMENT A.K. SIKRI, J.Prologue All these appeals arise out of the judgment dated August 04, 2016 rendered by the High Court of Delhi in writ petitions filed before it under Article 226 of the Constitution of India. We would refer to the subject matter of those writ petitions and the manner in which the High Court dealt with and decided the same at the appropriate stage. However, it would be pertinent to point out that in the said impugned judgment, main issue related to the status of National Capital Terri...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-08-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4779 OF2019(Arising out of Special Leave Petition (Civil) No.19033 of 2017) Ssangyong Engineering & Construction Co. Ltd. Appellant Versus National Highways Authority of India (NHAI) Respondent JUDGMENT R.F. NARIMAN, J.1. 2. Leave granted. The respondent, National Highways Authority of India [NHAI]., invited bids for construction of a four-lane bypass on National Highway 26 in the State of Madhya Pradesh. The appellants bid was accepted vide its letter of acceptance dated 30.12.2005, for a total contract value of INR21901,16,805/-. The appellant before us is a company registered under the laws of the Republic of Korea, whereas the respondent is a Government of India undertaking, responsible for 1 construction of National Highways throughout the territory of India. The components used in execution of work for which price adjustment was payable to the appellant are labour, plant and machinery, petrole...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.46164617 OF2018MONSANTO TECHNOLOGY LLC THRU THE AUTHORISED REPRESENTATIVE MS. NATALIA VORUZ & OTHERS ....APPELLANT(S) VERSUS NUZIVEEDU SEEDS LTD. THRU THE DIRECTOR & OTHERS ...RESPONDENT(S) with CIVIL APPEAL NO(s). 188 OF2019(arising out of SLP(C) No.19411 of 2018 .APPELLANT(S) FEDERATION OF SEED INDUSTRY OF INDIA (FSII) VERSUS NUZIVEEDU SEEDS LTD. AND OTHERS.RESPONDENT(S) CIVIL APPEAL NO(s). 189190 OF2019(arising out of SLP(C) Nos.1647916480 of 2018 NUZIVEEDU SEEDS LTD. AND ORS. ..APPELLANT(S) VERSUS MONSANTO TECHNOLOGY LLC AND OTHERS ...RESPONDENT(S) CIVIL APPEAL NO(s). 191192 OF2019(arising out of SLP(C) Nos.1940919410 of 2018 ALL INDIA KISAN SABHA ..APPELLANT(S) VERSUS MONSANTO TECHNOLOGY LLC AND OTHERS ...RESPONDENT(S) 1 JUDGMENT NAVIN SINHA, J.Leave granted.2. The appellants/plaintiffs in Civil Appeal Nos.46164617 of 2018 instituted Civil Suit (Comm) No.132 of 2016 seeking permanent injunction ...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.129 OF2017Federation of Obstetrics and Gynecological Societies of India (FOGSI) ..Petitioner Versus Union of India and others ..Respondents JUDGMENT Arun Mishra, J.1. The instant writ petition has been filed by the Federation of Obstetrics and Gynaecological Societies of India (FOGSI) (hereinafter referred to as the Society) highlighting the issues and problems affecting the practice of obstetricians and gynaecologists across the country under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the Act) and challenging the constitutional validity of Sections 23(1) and 23(2) of the Act and seeking direction in the nature of certiorari/mandamus for decriminalising anomalies in paperwork/record keeping/clerical errors in regard of the provisions of the Act for being violative of 2 Articles 14, 19(1)(g) and 21 of the Constitut...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-2019
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6006 OF2009VITHALDAS JAGANNATH KHATRI (D) Through SHAKUNTALA ALIAS SUSHMA & ORS. ...Appellant(s) VERSUS THE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT & ORS. ...Respondent(s) JUDGMENT SANJAY KISHAN KAUL, J.1. The socialistic agenda of the nascently formed Indian State with large landless poor population was given an impetus inter alia by a number of State legislations for re-distribution of agricultural land, by putting a ceiling limit on the same, and then allotting it to the landless poor. We are concerned here with the Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1961 (hereinafter referred to as the said Act). The said Act also went through many amendments top fine tune different aspects, most importantly the aspect of plugging loopholes, whereby 1 owners having land in excess of the ceiling limit would endeavour to somehow re-distribute it among the family to bring it within th...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-10-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3613 OF2016Rajendra Diwan ... Appellant versus Pradeep Kumar Ranibala & Anr. .Respondents WITH AND CA. No.10214 OF2016C.A. No.3051 OF2017JUDGMENT Indira Banerjee, J.This appeal, purportedly under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, hereinafter referred to as the Rent Control Act, is against an order dated 1.12.2015 of the Rent Control Tribunal at Raipur, confirming an order dated 14.09.2015 passed by the Rent Control Authority, whereby an application filed by the respondent-landlord for eviction of the appellant tenant under Section 12 of the Rent Control Act has been allowed. 2 2. Appeal against an order of the Rent Control Section 13(2) of the Rent Control Act provides:- (1) Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the pr...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-2019
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NOS. 1328-1329 OF2019(ARISING OUT OF SLP (CRIMINAL) NOS. 9981-9982 OF2017 THE STATE OF UTTAR PRADESH .....APPELLANT(S) AMAN MITTAL & ANR. VERSUS W I T H .....RESPONDENT(S) CRIMINAL APPEAL NOS.1330-1331 OF2019(ARISING OUT OF SLP (CRIMINAL) NOS. 1912-1913 OF2018 CRIMINAL APPEAL No.1332 OF2019(ARISING OUT OF SLP (CRIMINAL) No.3321 OF2018 JUDGMENT HEMANT GUPTA, J.1328-1329 Crl. Appeal Nos. of 2019 Crl. Appeal Nos. 1330-1331 of 20191) Leave granted. (@SLP (Criminal) Nos.9981-9982 of 2017) AND (@SLP (Criminal) Nos.1912-1913 of 2017)2) The order dated October 4, 2017 passed by the Lucknow Bench of the High Court of Judicature at Allahabad is the subject matter of challenge in these appeals. 13) 4) An FIR No.130 was lodged on April 28, 2017 with Police Station Cantt, Lucknow for the offences punishable under Sections 265, 267, 420, 34, 120-B of the Indian Penal Code, 18601 and Sections 3/7 of the Essential...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/INHERENT JURISDICTION WRIT PETITION (CIVIL) No.845 OF2018RELIANCE COMMUNICATION LIMITED & ORS. ..PETITIONERS VERSUS STATE BANK OF INDIA & ORS. ..RESPONDENTS WITH CONTEMPT PETN. (C) No.1838 OF2018IN W.P. (C) No.845 OF2018CONTEMPT PETN. (C) No.55 OF2019IN W.P. (C) No.845 OF2018AND CONTEMPT PETN. (C) No.185 OF2019IN W.P. (C) No.845 OF20181 JUDGMENT R.F. Nariman, J.1. Three contempt petitions are before us, having been filed by Ericsson India Pvt. Ltd. [Ericsson]. against Reliance Communications Ltd. [RCom]., Reliance Telecom Ltd. [RTL]., and Reliance Infratel Ltd. [RITL]. [hereinafter, collectively referred to as the Reliance Companies or Companies]..2. The brief facts necessary to appreciate these matters are as follows: On 25.01.2013, Ericsson and RCom entered into a Managed Service Agreement whereby Ericsson agreed to provide RCom managed services, i.e., operation, maintenance, and management of RComs network. Ericsson raised invo...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-19-2019
Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION2018WRIT PETITION (CIVIL) of No . 376 Association of Medical Super Speciality Aspirants and Residents & Ors. .... Appellant (s) Versus Union of India & Others W I T H Writ Petition (Civil) No . 946 OF2018.Respondent (s) Civil Appeal No.6379 of 2019 Arising out of SLP (Civil) No.2387 of 2019 Civil Appeal No.6380 of 2019 Arising out of SLP (Civil) No.1116 of 2019 Civil Appeal No.6381 of 2019 Arising out of SLP (Civil) No.10 of 2019 Civil Appeal No.6382 of 2019 Arising out of SLP (Civil) No.10007 of 2019 Civil Appeal No 6383 -6385 of 2019 Arising out of SLP (Civil) Nos.16814-16816 of 2019 (Diary No.19100 OF2019 Civil Appeal No.6386 of 2019 Arising out of SLP (Civil) No.15688 of 2019 JUDGMENT L. NAGESWARA RAO, J.Leave granted. The controversy in these cases pertains to the compulsory 1. bonds to be executed for admission to post-graduate medical 1 courses and super speciality courses. The Association of Medical Super Speci...
Tag this Judgment!