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THE CENTRAL WAREHOUSING CORPORATIONversusTHAKUR DWARA KALAN UL-MARUF BARAGLAN WALA
Case No.: CIVIL APPEAL No. 6918/2023
Decision Date: 19-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC940

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: High Court if justifi ed in raising the amount of compensation per square yard on the date of notifi cation u/s.4, Land Acquisition Act, 1894 on the basis of cumulative annual increase at the a period of 11 years, taking base fi gure from an order of Reference Court dtd.30.08.2000 relating to acquisition of land of the same village of the year 1989, and the period of 11 years being counted from 1989 to 2000, the year of the notifi cation issued u/s.4 of the 1894 Act. Land Acquisition
STATE OF U.P. & ANRversusEHSAN & ANR
Case No.: CIVIL APPEAL No. 5721/2023
Decision Date: 13-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC906

PAMIDIGHANTAM SRI NARASIMHA*, MANOJ MISRA HEADNOTES Issue for consideration: Whether in exercise of writ jurisdiction the High Court should have refrained from adjudicating the contentious issue with regard to taking of actual possession of the surplus land from the landholder, when the same was not decided in the previous even though it had arisen for consideration. Urban Land (Ceiling and Regulation) Repeal Act, 1999 – The High Court disposed of the writ petition by judgment and order dated 08.10.2018 declaring that the land in dispute shall continue to be in possession of the fi rst respondent-original
RAHEEM SHAH & ANRversusGOVIND SINGH & ORS.
Case No.: CIVIL APPEAL No. 4628/2023
Decision Date: 24-07-2023
Disposal: Disposed off
Neutral Citation: 2023INSC651

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						 RAHEEM SHAH & ANR versus GOVIND SINGH & ORS. - [2023] 10 S.C.R. 9132023 INSC 651 A.S. BOPANNA, BELA M. TRIVEDI Delay – Condonation of – Suit filed by Respondent No.1 was decreed by the trial court – Appellants-defendants No.1 and 2 in the suit filed appeal, dismissed by the lower Appellate Court on the ground of limitation – Second Appeal filed by the appellants was also dismissed before the lower Appellate Court was that the judgment was not in the knowledge of the appellants, that aspect of the matter was required to be kept in view by the lower Appellate Court as the appellants in fact had not taken effective part except filing written statement – When there was
A. SRINIVASULUversusTHE STATE REP. BY THE INSPECTOR OF POLICE
Case No.: CRIMINAL APPEAL No. 2417/2010
Decision Date: 15-06-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC971

V. RAMASUBRAMANIAN*, PANKAJ MITHAL Penal Code, 1860: ss.120B, 193, 420, 468 and 471 – Criminal conspiracy and cheating – Prosecution case that the appellant, officials of PSU and other private persons entered into a criminal conspiracy to cheat the PSU in the matter of award of contract – Contract granted to one tenders causing wrongful loss to the PSU – Illegalities alleged in the procedure followed for inviting the tender – FIR lodged u/s. 120B r/w ss. 193, 420, 468, 471 r/w ss. 13 (2) and 13(1)(d) of PC Act – Final report against accused persons including the public
M/S TRIVENI GLASS LIMITED REP. BY ITS DEPUTY GENERAL MANAGER (SALES AND P.R.) SHRI R.K. SINHAversusCOMMISSIONER OF TRADE TAX, U.P.
Case No.: CIVIL APPEAL No. 3773/2011
Decision Date: 09-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC892

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: Whether “tinted glass sheets” manufactured by the assessee is liable to be taxed as “goods or wares made of glass” under the Notifi cation No.5784 dated 07.09.1981 being Entry No.IV or as unclassifi Act, 1948 – s. 3A – Tinted glass sheets manufactured by the assessee – Levy of tax: Held: Tinted glass sheet during the process of manufacture undergoes a change and is diff erent from a plain glass sheet, thus, exigible to tax as ‘all goods and wares made of
MOHAMMED ABDUL WAHIDversusNILOFER & ANR
Case No.: CIVIL APPEAL No. 8146/2023
Decision Date: 14-12-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1075

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL HEADNOTES Issue for consideration: Whether under the Code of Civil Procedure, there is envisaged a diff erence between a party to a suit and a witness in a suit, does the phrase plaintiff ’s/ defendant’s witness exclude the plaintiff or defendant themselves, when they appear as and whether Ord. VII r. 14, Ord VIII r. 1-A and Ord. XIII r. 1 CPC, enjoin the party under-taking cross examination of a party to a suit from producing documents, for the purposes thereof, by virtue of the use of the phrase(s) plaintiff /defendant’s witness or witnesses of the other party,
NAVEEN @ AJAYversusTHE STATE OF MADHYA PRADESH
Case No.: CRIMINAL APPEAL No. 489/2019
Decision Date: 19-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC936

BHUSHAN RAMKRISHNA GAVAI*, PAMIDIGHANTAM SRI NARASIMHA, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Whether appellant was aff orded a fair trial; whether he was deprived of his valuable legal rights. Penal Code, 1860 – s. 302 – Appellant was convicted and sentenced for committing rape and murder of 3 – His death sentence was confi rmed by the High Court – Appellant contended that the entire trial was completed within a span of 15 days and appellant was not aff orded a fair trial – Propriety: Held: The Order-sheet would clearly indicate that the trial was conducted in a
M/S. BLS INFRASTRUCTURE LIMITEDversusM/S. RAJWANT SINGH & OTHERS
Case No.: CRIMINAL APPEAL No. 657/2023
Decision Date: 01-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC187

SUDHANSHU DHULIA*, MANOJ MISRA Code of Criminal Procedure, 1973: s. 256(1) Proviso – Non- appearance of complainant – Dismissal of complaints for non- prosecution – Sustainability of – On facts, the appellant-complainant filed eight complaints u/s 138, N.I. Act – Complainant’s statement and Accordingly, complainant’s evidence closed with date set for recording of defence evidence – Application u/s 311 CrPC also filed by complainant – However, complainant failed to register appearance on subsequent dates – Magistrate dismissed the complaints for
YOGESH NAVINCHANDRA RAVANIversusNANJIBHAI SAGRAMBHAI CHAUDHARY & ORS.
Case No.: CIVIL APPEAL No. 3114/2023
Decision Date: 25-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC428

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Power of attorney: Role of power of attorney holder – Application for restoration, at the behest of the power of attorney holder, whose power of attorney stood cancelled – Tenability of – Is not tenable – On facts, suit by original plaintiff Subsequently, the original plaintiff died in 2006 and his LRs brought on record – Suit dismissed by the trial court – First appeal filed by the LRs and the appellant-son of the original plaintiff, also dismissed – Thereafter in 2015, second appeal filed by VM, the power of
SHRI SUKHBIR SINGH BADALversusBALWANT SINGH KHERA AND ORS.
Case No.: CRIMINAL APPEAL No. 1116/2023
Decision Date: 28-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC466

M.R. SHAH*, C.T. RAVIKUMAR Representation of People Act, 1951 – s. 29-A(5) – Sikh Gurudwaras Act, 1925 – Penal Code, 1860 – ss. 420, 463, 465, 466, 467, 468, 471 r/w s. 120B, 191, 192 – Code of Criminal Procedure, 1973 – ss. 202, 204, 315, 482 – A private complaint was filed by the 468, 471, 191, 192 of IPC against the appellants – It was alleged in the complaint that while complying with the requirements of s.29-A(5) of the Representation of People Act, 1951 an affidavit was filed before the Election Commission of India (ECI), which conflicted with the
COMMISSIONER OF TRADE TAXversusM/S. KUMAR PAINTS AND MILL STORES THROUGH ITS PROPRIETOR
Case No.: CIVIL APPEAL No. 5937/2011
Decision Date: 02-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC193

S. RAVINDRA BHAT*, DIPANKAR DATTA U.P. Trade Tax Act, 1948 – s. 2(e)(i) – Mixing of base paint with different colours, result into a new product or not – High Court held that mixture of the base paint with different colours- did not result in a ‘new’ product result from the process of ‘manufacture’ as defined under section 2(e)(i) of the 1948 Act – Revenue contended that the sale of paints which had undergone mixing amounted to ‘manufacture’, thereby resulting in a new product, which was afresh incidence of taxation
SMT. M. HEMALATHA DEVI & ORS.versusB. UDAYASRI
Case No.: CIVIL APPEAL No. 6500/2023
Decision Date: 05-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC870

SANJAY KISHAN KAUL*, SUDHANSHU DHULIA HEADNOTES Issue for consideration: Whether the dispute between the parties is arbitrable, and once a party has availed the remedy before a public forum under a special benefi cial legislation, can it be compelled to go for arbitration. Consumer Protection Act, 2019 – – Arbitration Act & Conciliation, 1996 – s.11(6A), 8(1) – Arbitrability of consumer dispute – Constructed house/villa was not handed over to the buyer/consumer-respondent on time – Later, builder terminated the agreement and the appellants-builders/owners fi
DEEPAK ANANDA PATILversusTHE STATE OF MAHARASHTRA & ORS
Case No.: CIVIL APPEAL No. 88/2023
Decision Date: 04-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC11

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA 5 S.C.R. 717 717 DEEPAK ANANDA PATIL v. THE STATE OF MAHARASHTRA & ORS (Civil Appeal Nos 88-89 of 2023) JANUARY 04, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND PAMIDIGHANTAM SRI NARASIMHA, J.] Maharashtra Co-operative Societies Act, 1960 – s.11 – Complaints filed seeking removal of were directed to be deleted – Correctness of – Held: Order u/s.11 has serious consequences for the members – An omnibus order was passed by the Regional Joint Director(Sugar), preceded by a general notice to show cause which was issued to the cooperative society –
M/S MODI NATURALS LTD.versusTHE COMMISSIONER OF COMMERCIAL TAX UP
Case No.: CIVIL APPEAL No. 5822/2023
Decision Date: 06-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC974

D.Y. CHANDRACHUD*, J.B. PARDIWALA, MANOJ MISRA HEADNOTES Issue for consideration: (a) Whether the assessee is entitled to claim full amount of tax paid towards the purchase of raw Rice Bran as ITC on the basis of the provisions of s.13(1)(a) r/w. S. No. 2(ii) of the and s.13(3)(b) r/w. Explanation (iii) of s.13 of the UP VAT Act?; (b) Whether the scope of the word “goods” as defi ned u/s. 2(m) of the UP VAT Act as outlined in s.13(1)(f) of the UP VAT Act should be limited to only “taxable goods”?; (c) Whether the decision of the
YADAIAH AND ANR.versusSTATE OF TELANGANA AND OTHERS
Case No.: CIVIL APPEAL No. 4835/2023
Decision Date: 01-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC664

SURYA KANT*, J.K. MAHESHWARI HEADNOTES Issue for consideration: In the instant appeal, the resumption order concerning the assignment of non-occupied land in the 1960s to landless scheduled caste/scheduled tribe persons for the purpose of cultivation which was upheld by the Division Bench of the High Court pertains to the issues of law concerning res judicata, nature of assignment and violation of conditions of assignment. Andhra Pradesh Assigned Land (Prohibition of Transfer) Act, 1977 – Assignment/Alienation of government land – Assignment of non-occupied land to landless scheduled
DELHI DEVELOPMENT AUTHORITYversusRAMBIR AND ORS
Case No.: CIVIL APPEAL No. 362/2023
Decision Date: 20-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC67

M.R. SHAH*, C.T. RAVIKUMAR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – High Court relying on the decision in Pune Municipal Corporation case declared that the acquisition proceeding initiated under the lapsed u/s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the decision of Constitution bench in Indore Development Authority case – Applying the law laid down in Indore Development Authority and more particularly, considering the fact that
STATE OF PUNJABversusPRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB AND ANOTHER
Case No.: WRIT PETITION (CIVIL) No. 302/2023
Decision Date: 28-02-2023
Disposal: Disposed off
Neutral Citation: 2023INSC181

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA COURT REPORTS [2023] 6 S.C.R. STATE OF PUNJAB v. PRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB AND ANOTHER (Writ Petition (Civil) No. 302 of 2023) FEBRUARY 28, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND PAMIDIGHANTAM SRI NARASIMHA, J.] Constitution of India – Art.174 – Governor (not furnished the relevant information sought) – The Governor noted that the CM in his correspondence underscored the mandate of Art. 167 of the Constitution as per which the CM is bound to furnish full details and information sought by the Governor – On 22.02.2023, the
DAKKATA BALARAM REDDY & ANRversusSTATE OF ANDHRA PRADESH & ANR.
Case No.: CRIMINAL APPEAL No. 1295/2019
Decision Date: 21-04-2023
Disposal: Unknown
Neutral Citation: 2023INSC411

DINESH MAHESHWARI*, SANJAY KUMAR Penal Code, 1860 – ss.302, 397, 450 – Case based on circumstantial evidence – Case of the prosecution that appellants- accused (A1 and A2) trespassed into house of PW-1, wherein he also did his gold and silver business, concealing iron rods and robbed gold ornaments and brutally Accused held guilty of offences punishable u/ss.302, 397 and 450 and sentenced accordingly – Legality of – Held: Though there were no eye-witnesses to the actual killings, there were three separate witnesses PWs 4, 6, and 10, who were independent of each other and had no animosity Decision Date : 21-04-2023 | Case No : CRIMINAL APPEAL No. 1295/2019  |  Bench : 2 Judges
LAND ACQUISITION COLLECTOR AND ANR.versusB. S. DHILLION & ORS.
Case No.: CIVIL APPEAL No. 1597/2023
Decision Date: 13-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC214

M.R. SHAH*, C.T. RAVIKUMAR Right to far compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Land acquisition, when deemed to have lapsed – On facts, award passed with respect to the subject land in the year 1992 – Possession of the land was taken DDA on the spot by preparing the possession proceedings – Writ petition by the private respondent-writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court relying upon the Pune Municipal
HEMAVATHI AND ORS.versusV. HOMBEGOWDA AND ANR.
Case No.: CIVIL APPEAL No. 5780/2023
Decision Date: 11-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC848

B.V. NAGARATHNA*, UJJAL BHUYAN HEADNOTES Issue for consideration: High Court whether justifi ed in allowing Regular Second Appeal fi led u/s.100, Code of Civil Procedure, 1908 without framing the substantial question of law. Code of Civil Procedure, 1908 – s.100 – Second Appeal – Substantial question of law Impropriety: Held: First appellate court is the fi nal Court insofar as the question of facts are concerned and it is only when substantial questions of law would arise in a case that the High Court can entertain a Regular Second Appeal – If at the stage of admission such substantial
MANJUNATH & ORS.versusSTATE OF KARNATAKA
Case No.: CRIMINAL APPEAL No. 866/2011
Decision Date: 06-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC978

ABHAY S. OKA*, SANJAY KAROL HEADNOTES Issue for consideration: In a case primarily involving a dying declaration in addition to the ocular and circumstantial evidence, the Trial Court acquitted the appellants-accused along with other accused persons, whether the High Court was justifi ed in overturning the same in respect Evidence – Dying declaration – Reliance upon in addition to the ocular and circumstantial evidence – Legality: Held: The dying declaration, although undoubtedly a substantive piece of evidence upon which reliance can be placed, in the present facts is rendered nugatory as
DAVINDER SINGHversusSTATE OF PUNJAB
Case No.: CRIMINAL APPEAL No. 12/2015
Decision Date: 22-06-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC585

SURYA KANT*, M.M. SUNDRESH Penal Code, 1860 – ss. 376, 452 and 506 – Acquittal under – Allegation that appellant committed offence against the prosecutrix (PW-6) u/s. 376 at her residence – The appellant-accused was charged and convicted u/ss. 376, 452 and 506 by the Trial Court and the same was On appeal, held: There was delay in filing complaint – There was no attempt to recover the knife from the appellant as it is a specific case of the prosecution that he committed the offence by threatening to harm the prosecutrix – There was no reason as to non-examination of the sole
PRADEEPversusTHE STATE OF HARYANA
Case No.: CRIMINAL APPEAL No. 553/2012
Decision Date: 05-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC599

ABHAY S. OKA*, RAJESH BINDAL Evidence – Testimony of child witness – Sole basis of conviction – When not proper – Appellant along with co-accused was convicted for the offences punishable u/s. 302 r/w s.34, IPC and ss. 449, 324 r/w s.34, IPC based on the testimony of PW-1, minor son of the deceased was under a duty to record his opinion that the child is able to understand the questions put to him and that he is able to give rational answers – Trial Judge must also record his opinion that the child witness understands the duty of speaking the truth and state why he is of the
SHAKTI YEZDANI & ANR.versusJAYANAND JAYANT SALGAONKAR & ORS.
Case No.: CIVIL APPEAL No. 7107/2017
Decision Date: 14-12-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1076

HRISHIKESH ROY*, PANKAJ MITHAL HEADNOTES Issue for consideration: Whether a nominee of a holder of shares or securities appointed u/s. 109A of the Companies Act, 1956 read with the Bye-laws under the Depositories Act, 1996 is entitled to the benefi cial ownership of the shares or securities subject matter exclusion of all other persons who are entitled to inherit the estate of the holder on testator’s death as per the law of succession. Companies Act, 1956 – s. 109A and s. 109B – Companies Act, 2013 – s. 72 – Depositories Act, 1996 – Byelaw 9.11.1 –
B.C. NAGARAJ & ANRversusTHE STATE OF KARNATAKA & ORS
Case No.: CIVIL APPEAL No. 5529/2023
Decision Date: 13-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC828

ABHAY S. OKA*, PANKAJ MITHAL HEADNOTES Issue for consideration: Whether the retired physical instructors of the Government College are entitled to the benefi t of revised pay scale when the same benefi t was granted to the similarly placed employees. Service law – Revised pay scale – Benefi t of – College – When the same benefi t of University Grant Commission pay scale under the Government order dated 15.11.1999 was granted to the similarly placed employees: Held: Retired physical instructors should not be denied the same relief, when the same benefi t was granted to the
E. JEEVANANDAMversusN. KOTESWARA RAO & ORS.
Case No.: SPECIAL LEAVE PETITION (CIVIL) No. 27337/2017
Decision Date: 23-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC714

D.Y. CHANDRACHUD*, V. RAMASUBRAMANIAN, J.B. PARDIWALA Public Amenity – Sewerage facilities to the area – Claim of petitioner over the land on which the proposed sewerage line was sought to be laid – A resolution was passed by the local body to provide sewerage facilities to the of streets – The petitioner purchased the property in 2011, inclusive of the road over which the proposed sewerage line was sought to be laid – The sewerage main was laid down both upstream and downstream except to the extent of the 110 meters (land of petitioner) – After various
UNION TERRITORY OF LADAKH & ORS.versusJAMMU AND KASHMIR NATIONAL CONFERENCE & ANR.
Case No.: CIVIL APPEAL No. 5707/2023
Decision Date: 06-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC804

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: High Court whether justifi ed in dismissing the appeal fi led by appellants and upholding the interim order of Single Judge directing them to notify the symbol allotted to Respondent no.1 (R1) and allow the candidates contest in the then-upcoming General Elections of the Ladakh Autonomous Hill Development Council, Kargil on the reserved election symbol (plough) already allotted to it. Election Symbols (Reservation and Allotment) Order, 1968 – Paragraphs 9, 10, 10(A), 12 – Denial of the Plough