Oxygen gas is not a “raw material” used in the manufacture of the end product of steel and is thus chargeable sale tax @ 3% State of Jharkhand and others vs. Linde India Limited and Another [Civil Appeal Nos. 8061-8064 of 2022] RELEVANT PARAGRAPH 5. We have heard learned counsel for the respective parties at […]
SC discusses law on application to sue as an indigent person under Order 33 of the Code of Civil Procedure Solomon Selvaraj & Ors. vs. Indirani Bhagawan Singh & Ors. [Civil Appeal No. 8885 of 2022] RELEVANT PARAGRAPH 6.1 While considering the aforesaid questions/issues relevant provisions of Order 33 CPC are required to be referred
Deduction to be made towards the development of the land depends on various factors and there cannot be a straight-jacket formula State of Madhya Pradesh & Anr. vs. Radheshyam & Ors. [Civil Appeal Nos. 8857-8858 of 2022] RELEVANT PARAGRAPH 29. In so far as, issue no. 2 is concerned, the deduction to be made towards
Determination of the market value of the land acquired by the State for compensating the owner of land under the Land Acquisition Act State of Madhya Pradesh & Anr. vs. Radheshyam & Ors. [Civil Appeal Nos. 8857-8858 of 2022] RELEVANT PARAGRAPH 22. The standard method of determination of the market value of any acquired land
Broad parameters within which the High Court must exercise its powers under Article 226/227 of the Constitution of India in matters relating to disciplinary proceedings Union of India and Others vs. Subrata Nath [Civil Appeal Nos. 7939-7940 of 2022] RELEVANT PARAGRAPH 19. Laying down the broad parameters within which the High Court ought to exercise
The State of Madhya Pradesh vs. M/S Sew Construction Limited & Ors [Civil Appeal No. 8571/2022] If the contractual clause permits escalation costs subject to certain conditions, no claim is admissible if the conditions are not satisfied RELEVANT PARAGRAPH 22. A contractual clause which provides for the finality of rates quoted by the Contractor and
Words and expressions used in the contract are principal tools to ascertain such intent of the parties Words and expressions used in the contract are principal tools to ascertain such intent of the parties RELEVANT PARAGRAPH 27. Interpretation of contracts concerns the discernment of the true and correct intention of the parties to it. Words
Section 34 of the SARFAESI Act does not bar the jurisdiction of civil court in a suit for damages or compensation Mrs. Leelamma Mathew vs. M/s Indian Overseas Bank & Ors. [Civil Appeal No. 7128 of 2022] RELEVANT PARAGRAPH 5.2 Now so far as the submission on behalf of the plaintiff and the finding recorded by the High Court that the suit was barred by
Nandini Sharma & Anr. vs. Registrar Supreme Court of India & Ors [Writ Petition (Civil) No.1087 of 2022] Court is not sitting as an Appellate Forum seeking to pronounce on the wisdom of the legislation RELEVANT PARAGRAPH 10. The contention of the petitioner appears to be that the Rules are unreasonable. When the Court is
Principals on fixation of fee of the arbitral tribunal – SC Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV [Arbitration Petition (Civil) No. 05 of 2022] RELEVANT PARAGRAPH 35. It will now be appropriate to summarize the legal position as under: (a) The arbitral tribunal is bound by the fee or remuneration fixed
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