scc-vol_5-part-3

Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section, for making an arbitral award is not applicable to international commercial arbitral proceedings. Furthermore, the amended S. 29-A (w.e.f. 30-8- 2019) being retrospective in nature, it follows that the removal of the mandatory time-limit shall also apply to pending international commercial arbitrations. [TATA Sons (P) Ltd. v. Siva Industries & Holdings Ltd., (2023) 5 SCC 421]

Civil Procedure Code, 1908 — Or. 7 Rr. 10 & 11 and Or. 7 R. 13 — Applications both under Or. 7 R. 10 for return of plaint, and, for rejection of plaint under Or. 7 R. 11: Principles clarified relating to proper mode of disposal of applications both under Or. 7 R. 10 for return of plaint, and, for rejection of plaint under Or. 7 R. 11 and effect of allowing application under Or. 7 R. 11. [Future Sector Land Developers LLP v. Bagmane Developers (P) Ltd., (2023) 5 SCC 368]

Constitution of India — Art. 366(29-A)(d) — Leviability of Service Tax: Right to use software would amount to “deemed sale” under Art. 366(29-A). Law relating to transfer of “right to use” and deemed sales, summarized. [CST v. Quick Heal Technologies Ltd., (2023) 5 SCC 469]

Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused: Principles summarized relating to parameters for summoning of additional accused under this section. [Meenu Prakash Bhantu v. State of U.P., (2023) 5 SCC 386]

Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused: Ingredients, scope and powers bestowed on court under S. 319, explained. [Juhru v. Karim, (2023) 5 SCC 406]

Delhi Municipal Corporation Act, 1957 (66 of 1957) — Ss. 3(3)(b)(i), 35(1) and 73 — Election to post of Mayor held in first meeting — Voting rights of nominated members: Nominated members, held, do not have the right to vote in Mayoral elections held in first meeting of Corporation. [Shelly Oberoi v. Lt. Governor of Delhi, (2023) 5 SCC 414]

Housing and Real Estate — Relief/Remedies/Consumer Jurisdiction — Breach of contract, Damages/Compensation and/or Specific Performance — Breach of contract: Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction. Merely on allegation of failure to keep up promise, held, will not be enough to initiate criminal proceedings. [Sarabjit Kaur v. State of Punjab, (2023) 5 SCC 360]

Land Acquisition Act, 1894 — S. 23 — Compensation — Determination of — Application of cumulative increase in market value: Normally, it is permissible to provide 8% to 15% cumulative increase per year. [State of Haryana v. Subhash Chander, (2023) 5 SCC 435]

National Green Tribunal Act, 2010 — Ss. 14 and 15 r/w S. 3 of the Environment (Protection) Act, 1986 and Coastal Regulation Zone Notification 2011 — Laying of pipeline for transfer of edible oil from sea port to storage terminal tank: Law clarified regarding validity of ex post facto clearance for laying of pipeline for transfer of edible oil from sea port to storage terminal tank and for establishment of storage transit terminal. [K.T.V. Health Food (P) Ltd. v. Union of India, (2023) 5 SCC 440]

Penal Code, 1860 — S. 302 r/w Ss. 149, 143, 147 and 504 — Sole related eyewitness: In this case, held, conviction of all the eight accused persons based on evidence of the sole related eyewitness, held, justified, particularly when there is no vagueness in his testimony with respect to the role ascribed to each one of the accused. [Ravasaheb v. State of Karnataka, (2023) 5 SCC 391]

Penal Code, 1860 — Ss. 302, 201 and 34 — Circumstantial evidence: Prior animosity as motive, extra-judicial confession and recovery of articles belonging to deceased from accused. held, not established. Investigation was also not reliable. Resultantly, considering said infirmities, requisite chain of circumstances, held, not completed against appellant-accused also and, thus, his conviction and sentence set aside. [Pradeep Kumar v. State of Chhattisgarh, (2023) 5 SCC 350]

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2) — Deemed lapse of acquisition proceedings: Deemed lapse of acquisition proceedings, whether made out on grounds of non-payment of compensation and not taking over of possession, determined. [State (NCT of Delhi) v. Dayanand, (2023) 5 SCC 381]

Service Law — Judiciary — Higher Judicial Service — Recruitment Process: Appointments made in excess of quota beyond 10% through limited competitive examination in breach of directions issued by Supreme Court in All India Judges’ Assn., (2010) 15 SCC 170 w.e.f. 1-1-2011, directed to be adjusted against future recruitments. [Rajendra Kumar Shrivas v. State of M.P., (2023) 5 SCC 364]

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