Rajasthan Industrial Development and Investment Corporation v. Arfat Petrochemicals
Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process.
Income Tax Officer v. Vikram Sujitkumar Bhatia
Retrospective application for Amendment - Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed - 2015 amendment substituted "belong/belongs" in Section 153C with "pertain/pertains" and hence is amendment by substitution.
N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd.
Arbitration agreement in unstamped contract which is exigible to stamp duty not enforceable: Supreme Court holds by 3:2 majority.
Narsi Creation Pvt. Ltd. v. State of Uttar Pradesh (Special Leave Petition (Civil) Nos.15142-15143 of 2012)
(Special Leave Petition (Civil) Nos.15142-15143 of 2012) Supreme Court deprecates practice of filing applications in disposed of SLPs to side-step arbitration process.
Bhimashankar Sahakari Sakkare Karkhane Niyamita v Walchandnagar Industries Ltd;
Section 34 application must be filed within 90 days limitation to claim exclusion of period when court remain closed.
NTPC Ltd v. SPML Infra Ltd
Limited scrutiny of court under Section 11 of Arbitration Act through the “eye of the needle”, is necessary and compelling.
B.S. Hari Commandant v. Union of India
In the armed forces of the Union, including the paramilitary forces, utmost discipline, unity of command et al are the sine qua non. That said, the doctrine of proportionality still holds the field. (Para 36).
B.S. Hari Commandant v. Union of India
Supreme Court sets aside punishment imposed on BSF Commandant for allegedly allowing trans-border drugs smuggling.
Pushpak Harish v. State of Gujarat,
Seeking pre-deposit of bank guarantee for grant of bail is unsustainable.Makhijani
Totaram v. State of Madhya Pradesh
The order of the High Court directing that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases.
Deepak Kumar Azad @ Pappu v. State of Bihar
Supreme Court expresses anguish at trial court dismissing bail application ignoring its judgment in Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 - Directs District Judge to transfer case to another Magistrate - Reminds that Prosecutors have duty to inform the court of the correct legal position.