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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): R. F. Nariman, B. R. Gavai

    AMWAY INDIA ENTERPRISES PVT. LTD. v. RAVINDRANATH RAO SINDHIA

    D.O.D : 04/03/2021

    Appeal Allowed

    Arbitration and Conciliation Act (26 of 1996) , S.2(1)(f), S.11(6), S.11(9)— International Commercial Arbitration - Appointment of Sole Arbitrator - Jurisdiction of High Court - Petition by Distributor for appointment of sole arbitrator - Petitioners husband and wife applied to become distributors of Company as sole proprietorship concern under relevant forms issued by Company read with Code of Ethics with Central management and control of association or body of individuals exercised only in India - Petitioners both nationals of and habitually resident in United States of America - Arbitration becomes an international commercial arbitration notwithstanding fact that individual, body corporate, or govt. of foreign country referred to in S. 2(1)(f) carry on business in India through business office in India - High Court had no jurisdiction to appoint an arbitrator.

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  • Madhya Pradesh High Court

    Hon'ble Judge(s) Hon'ble Judge(s): B. K. Shrivastava

    VIKASH GUPTA v. STATE OF M.P.

    D.O.D : 04/03/2021

    Petition Dismissed

    Criminal P.C. (2 of 1974) , S.439— Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.37, S.8A(c), S.22— Bail - Recovery of 118 bottles of Wilsirex Cough Syrup - Accused persons intercepted with contraband while they were travelling on motorcycle from Java to Rewa - Subsequently, it was found that motorcycle was also a stolen property - Accused persons using alleged motorcycle with forged registration number - Bail not granted.

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  • Hon'ble Judge(s) Hon'ble Judge(s): Sandeep K. Shinde

    X v. State of Maharashtra

    D.O.D : 04/03/2021

    Petition Allowed

    Criminal P.C. (2 of 1974) , S.439— Bail - Grant of - Offences u/Ss.376-D, 377, 120-B r/w S.34 of IPC and u/S.66-E of IT Act - After panchanama of eight video clips, prima facie it does not suggest that complainant, wife of accused, was forced to engage in sex with strangers - Statement of one of the witnesses suggesting that accused and complainant together voluntarily ventured to engage into such immoral acts, which complainant described as Voyeuristic tendencies and behavioral aberration of accused - Complainant being well educated lady, working with MNC at higher position and that her relatives were living in same vicinity, where she was residing, it is difficult to understand and accept that complainant succumbed to pressure of accused and submitted herself to his desires - Accused is in custody since May, 2019 and his presence could be secured for trial by imposing condition - Bail granted.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): Sanjay Kishan Kaul, Hrishikesh Roy

    UNION OF INDIA v. P. BALASUBRAHMANAYAM

    D.O.D : 04/03/2021

    Order Accordingly

    Constitution of India , Art.309, Art.148(5), Art.311— Central Civil Services (Classification, Control and Appeal) Rules (1965) , R.14(i)(3), R.12— Compulsory retirement - Departmental proceedings - Allegations of procedural lapses in discharging duties and receiving illegal gratification by way of bribes against Assistant Superintendent of Post - Plea of issuance of charge memo without prior approval of Central Vigilance Officer (CVO) - Since bribery charges were not proved in departmental proceedings and not having vigilance angle, prejudiced cannot be said to be caused to case of delinquent by not referring it to CVO - Only charges relating to procedural lapses is proved - Punishment of compulsory retirement is completely disproportionate and harsh - Concerned authority, directed to impose proportionate minor penalty.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): Indu Malhotra, Ajay Rastogi

    V. N. PATIL v. K. NIRANJAN KUMAR

    D.O.D : 04/03/2021

    Appeal Allowed

    Criminal P.C. (2 of 1974) , S.173(5), S.311— Power to summon material witness - Offences of cruelty and dowry death - Application for summoning witnesses along with documents in connection with second post mortem report - Allowed by trial Court after detailed discussion and by giving cogent reason - Order of Trial Court quashed by High Court without assigning any reasons and without adverting to factual matrix noted by trial Judge and submission of parties - Though elaborate reason not required to be given in every case, but since matters forwarded to Supreme Court, brief reason have to be recorded to facilitate Supreme Court to understand the reversal findings of High Court.

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