January 3, 2019

4 Important Supreme Court of India Judgments Pronounced Today [Thursday, January 3, 2019]

1. State of Jharkhand Department of Energy through Its Law Officer v. Surendra Kumar Srivastava

Electricity Act, 2003 - Section 67 - Board is statutorily empowered to undertake all actions necessary for transmission or supply of electricity, subject to the procedure under the Act.

Petitioner's Advocate : Devashish Bharuka
Bench : Hon'ble Mr. Justice Uday Umesh Lalit, Hon'ble Ms. Justice Indu Malhotra
Judgment By : Hon'ble Mr. Justice Uday Umesh Lalit

2. Government of Haryana PWD Haryana (B and R) Branch v. M/s G. F. Toll Road Pvt. Ltd.

Arbitration and Conciliation Act, 1996 - Ss. 15, 16 - Termination of mandate and substitution of arbitrator - Arbitrator’s relationship with the parties or counsel - The 1996 Act does not disqualify a former employee from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality. The fact that the arbitrator was in the employment of the State of Haryana over 10 years ago, would make the allegation of bias clearly untenable.

Petitioner's Advocate : Sanjay Kumar Visen
Bench : Hon'ble Mr. Justice Uday Umesh Lalit, Hon'ble Ms. Justice Indu Malhotra
Judgment By : Hon'ble Mr. Justice Uday Umesh Lalit

3. Union of India v. Dr. O. P. Nijhawan

Service Law - Special pay is granted for specific purposes and in response to specific situation and circumstances.

Petitioner's Advocate : Arvind Kumar Sharma
Bench : Hon'ble Mr. Justice Ashok Bhushan, Hon'ble Mr. Justice K. M. Joseph
Judgment By : Hon'ble Mr. Justice Ashok Bhushan

4. Ravi Agrawal v. Union of India

Income Tax Act, 1961 - Section 80DD - Deduction in respect of maintenance including medical treatment of a dependant who is a person with disability.

Section 80DD of the Act is a provision made by the Parliament under the Act in order to give incentive to the persons whose dependants are persons with disability. Incentive is to give such persons concessions in income tax by allowing deductions of the amount specified in Section 80DD of the Act in case such parents/guardians of dependants with disability take insurance policies of the nature specified in this provision. Purpose is to encourage these parents/guardians to make regular payments for the benefit of dependants with disability. In that sense, the Legislature, in its wisdom thought it appropriate to allow deductions in respect of such contribution made by the parent/guardian in the form of premium paid in respect of such insurance policies. Of course, this deduction is admissible only when conditions stipulated therein are satisfied.

Petitioner's Advocate : Petitioner-in-person
Bench : Hon'ble Mr. Justice A. K. Sikri, Hon'ble Mr. Justice S. Abdul Nazeer
Judgment By : Hon'ble Mr. Justice A. K. Sikri
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