Civil Law  - Allotment of galas/shops

Allotment of galas/shops - To the traders - In the newly constructed wholesale market at Vashi the dispute concerns allotment of one large gala - The claimant respondent fulfils eligibility of one large gala only and that has been given to him, thus, the Supreme Court viewed that the market Committee, could not have agreed for allotment of two large galas to the claimant respondent contrary to the norms fixed by the Justice Daud Committee, he indicated his intention for allotment of one small gala, therefore, entitled to one small gala in the Fruit Market at Vashi - Appeals disposed - No costs.

Found In:  Judgement

The Arbitration and Conciliation Act, 1996  - Section 11 (6)

Proceedings - Contractual agreement between parties - After completed said work contractor furnished no claim certificates - Thereafter released final bill and Bank guarantee - Contractor wrote to the appellants with drawing 'No claim' lodged certain claims - Appellant declined - Contractor requested to appellants for appointment of arbitrator - Appellants no appointed arbitrator - Contractor made an application u/s 11 of the Act Civil Judge - Dismissed - Writ before High Court dismissed - Contractor file special leave petition - Allowed - Conduct of the contractor shows accepted the amount voluntarily and the contract was discharged voluntarily - Appeal allowed.

Found In:  Judgement

Bombay Rent Act, 1947  - Section 15 (2)

Sub-letting - Eviction suit - Grounds - Breach of terms and conditions of lease - Unlawfully and illegally parted with possession of lease hold property - Without any licence in writing from lessor - Trial Court decreed - Appellate Court and High Court affirmed said orders - Appeals - Fact remained undeniable - Defendant no.1 made a sub-lease -Parted possession - Suit land in favour of defendant no.2. - Continued to be in its possession - Sub-letting by defendant no.1 in favour of defendant no.2 - Clearly fell within protective ambit of section 15(2) of Bombay Rent Act - Supreme Court - No material change in status of defendant no.2 or in terms and conditions on which it was in possession of suit land on February 1, 2024 - Execution of lease would not constitute a ground for eviction against - Impugned judgments by High Court and Courts below set aside - Original suit dismissed - Appeals allowed - No costs.

Found In:  Judgement

Civil Law  - Legacy rights

Legacy rights - Upon property - Given under Will - Suit for partition - Schedule properties bequeathed by testator vide his will - Plaintiffs contended -they and defendants -members of a composite family - Joint possession and enjoyment - properties of testator - Trial court negated - Plea of adverse possession - Passed a preliminary decree for partition - Favour of plaintiffs -1/3rd share - High Court reversed Judgment and decree of trial court - Appeal - Also look after other female members in family - Immediately after death of testator - As an executor - No legacy came to be vested - Not entitled to any interest in estate of testator from second wife - Not acquire any right, title or interest in properties of testator - Appeal dismissed - No costs.

Found In:  Judgement

Indian Penal Code,1860  - Section 307 , Section 332 , Section 34

Conviction and sentence - Courts below accepted prosecution case A-1, A-2, A-5 and A-6 armed with sword and sticks attacked PW-8 - Injuries caused - Sufficient in ordinary course - Cause death - Incident occurred - 20 years back - No previous criminal background - Reconciliation amongst parties - Already undergone - More than two and a half years - Conviction maintained, sentence awarded by High Court - Reduced to undergone - Appeal partly allowed.

Found In:  Judgement

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 8 , Section 21

Conviction and sentence - Personal search - Smack powder recovered - Two independent witnesses of seizure - Declared hostile from the time of seizure till their deposit in FSL - Not clear where samples were laid - Handled by how many people in what ways - Narcotic substance - Seized - Deposited in Malkhana - Two months later - No explanation - Where the seized substance was kept meanwhile - Narcotic powder seized - Never produced before trial court - No evidence to connect forensic report with substance seized - Conviction set aside - Acquittal - Benefit of doubt - Appeal allowed.

Found In:  Judgement

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 18

Conviction and sentence - Appellant intercepted by police party - Riding on pillion of motorcycle had a bag slung from his shoulder carrying 4 kgs. of opium - Whether appellant said to be in conscious possession of contraband - High Court found - Conscious possession of contraband fully established - Orders of lower Courts upheld - appeal dismissed.

Found In:  Judgement

The Arbitration and Conciliation Act, 1996  - Section 34

Application setting aside arbitral award - Period of limitation - Reckoned from date a copy of award is received by objector by any means and source or from date a signed copy of award is delivered by arbitrator application u/sec. 34 - Trial Court and High Court dismissed - Barred by limitation - Appeal - period of limitation under section 34(3) of the Act - Start date a signed copy of award is delivered to/received by party - Making application - Setting it aside under section 34(1) If law prescribes - Period of limitation - Commence from date on order/award was received - In manner prescribed by law - Impugned judgments of Courts below set aside - Appeal allowed.

Found In:  Judgement

Indian Penal Code,1860  - Section 304-B

Dowry death - Demand of motorcycle - Carry milk to city-PW-8 not in condition to purchase motor cycle - Threatening - Ill treatment - Deceased apprehension not to be spared - Deceased died - Unnatural circumstances - Convicted - Appeal high court confirmed - Appeal supreme court - Dismissed. Prosecution witness - Produced as Defence witness.

Found In:  Judgement

The Indian Evidence Act, 1872  - Section 113-B

Considered - Relied - Not rebutted by appellants - Conviction Affirmed.

Found In:  Judgement