Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Ald Automotive Pvt. Ltd. vs The Commercial Tax Officer Now Upgraded As the Assistant Commissioner (Ct) & Ors.

Tamil Nadu Value Added Tax Act, 2006: s. 19(11) – Input Tax Credit – Claim of – Entitlement to – On facts, appellant-assessee claiming input…

12 October 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

The Income Tax Officer vs Urban Improvement Trust

Income Tax Act, 1961: Section 10(2) Explanation clause (iii) (as amended by Fiance Act, 2002) – Whether Urban Improvement Trust (assessee) c…

12 October 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

M/s. Tvs Motor Company Ltd. vs The State of Tamil Nadu and Others

Tamil Nadu Value Added Tax Act, 2006: s. 19(5)(c) – Input tax credit, set-off against tax liability on all intra-state and interstate sales,…

12 October 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Powai Panchsheel Co-Op Hsg. Society & Anr. vs Maharashtra Housing Area Development Authority (Mhada) & Ors.

Public allotment: State largesse – Disposal of, amongst the citizens – On facts, State Housing Board, by a resolution accepted the offers of…

12 October 2018 · Allowed · Abhay Manohar Sapre, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Sebastiani Lakra & Ors. vs National Insurance Company Ltd. & Anr.

Motor Vehicles Act, 1988: s. 168 – Fatal accident – Claim for compensation – Income of deceased Rs. 58,565/- p.m – Tribunal for the purpose…

12 October 2018 · Allowed · Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta

Civil SC Reportable ✓ HN

B. K. Educational Services Private Limited vs Parag Gupta and Associates

Insolvency and Bankruptcy Code, 2016 – s.238A (As inserted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 w.e.f. 06.06.2018)…

11 October 2018 · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Vedanta Ltd. vs Shenzen Shandong Nuclear Power Construction Co. Ltd.

Arbitration and Conciliation Act, 1996 – ss.34 and 37 – Appellant and the Respondent-Company entered into four interrelated contracts for co…

11 October 2018 · Disposed · R.F. Nariman, Indu Malhotra

Civil SC Reportable ✓ HN

Mohd. Sahid and Others vs Raziya Khanam (D) Thr. Lrs. and Another

Suit – Respondent No.1(since dead) filed suit against the appellants inter alia for permanent injunction against them over the suit land – A…

10 October 2018 · Dismissed · R. Banumathi, Indira Banerjee

Civil SC Reportable ✓ HN

Sushil Kumar Agarwal vs Meenakshi Sadhu & Ors.

Specific Relief Act, 1963 – s.14(3)(c)(i) and (ii) – Specific performance of contract under – Appellant-developer and predecessor-in-interes…

9 October 2018 · Dismissed · D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Medical Council of India vs Lord Buddha Educational Society & Ors.

Establishment of New Medical College Regulations, 1999 – Regulation 8(3)(1)(a) – When attracted – Government of India after granting hearing…

9 October 2018 · Allowed · Arun Mishra, Vineet Saran

Civil SC Reportable ✓ HN

Suzuki Parasrampuria Suitings Pvt. Ltd. vs The Official Liquidator of Mahendra Petrochemicals Ltd. (In Liquidation) and Others

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – Company Petition filed for winding…

8 October 2018 · Dismissed · Ranjan Gogoi, Navin Sinha, K.M. Joseph

Civil SC Reportable ✓ HN

Arcelormittal India Private Limited vs Satish Kumar Gupta & Ors.

Insolvency and Bankruptcy Code, 2016: s.29A – Issue relates to ineligibility of resolution applicants to submit resolution plans after the i…

4 October 2018 · Disposed · R.F. Nariman, Indu Malhotra

Civil SC Reportable ✓ HN

Hindustan Antibiotics Limited vs Maharashtra Housing and Area Development Authority (Mhada) & Ors.

Arbitration: Dispute between a sick company and the Development Authority – Regarding the land owned by the Company – Writ petition by the C…

4 October 2018 · Disposed · Abhay Manohar Sapre, S. Abdul Nazeer

Civil SC Reportable ✓ HN

The Uttar Bihar Gramin Bank & Ors. vs Narendra Kumar Sinha

Service Law: Dismissal of respondent-employee on three charges of misconduct in performance of official duties – Appellate authority dismiss…

3 October 2018 · Disposed · Uday Umesh Lalit, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Hon’ble Punjab and Haryana High Court at Chandigarh vs State of Punjab and Ors.

Service Law: Inter-se seniority – Between three streams of Superior Judicial Service i.e. promotees, direct recruits and out of turn promote…

3 October 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Union of India & Anr. vs Mohit Mineral Pvt. Ltd.

Goods and Services Tax (Compensation to States) Act, 2017: Validity of – Held: Is constitutionally valid – Article 270 empowers Parliament t…

3 October 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

M/s Larsen and Toubro Limited Scomi Engineering Bhd vs Mumbai Metropolitan Region Development Authority

Arbitration and Conciliation Act, 1996 – ss. 2(1)(f)(ii), 2(1)(f)(iii) and 11 – International Commercial Arbitration – Contract for developm…

3 October 2018 · Dismissed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Rajasthan Cylinders and Containers Limited vs Union of India and Another

Competition Act, 2002: ss. 3, 19 and 27 – Cartelisation, bid-rigging and collusive bidding – Suo-motu proceedings initiated by Competition C…

1 October 2018 · Disposed · A.K. Sikri, Ashok Bhushan