Hibbaan/DIVYADRISHTI huggingface dataset:
SANJAY PANDURANG KALATEversusVISTRA ITCL (INDIA) LIMITED AND OTHERS
Case No.: CIVIL APPEAL No. 7467/2023
Decision Date: 04-12-2023
Disposal: Disposed off
Neutral Citation: 2023INSC1063

D.Y. CHANDRACHUD*, J.B. PARDIWALA, MANOJ MISRA HEADNOTES Issue for consideration: Whether appeal instituted before the NCLAT was within limitation. In its impugned order, the NCLAT concluded that the appeal was barred by limitation on the ground that it was instituted of 45 days permissible under Section 61 of the Insolvency and Bankruptcy Code 2016. Insolvency and Bankruptcy Code 2016 – s.61 – The appellant fi led an interlocutory application before the NCLT alleging inter alia that the reply to the s.7 application on behalf of the Corporate
RANA AYYUBversusDIRECTORATE OF ENFORCEMENT THROUGH ITS ASSISTANT DIRECTOR
Case No.: WRIT PETITION (CRIMINAL) No. 12/2023
Decision Date: 07-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC101

V. RAMASUBRAMANIAN*, J.B. PARDIWALA Prevention of Money-Laundering Act, 2002 – s. 3, 4, 44 and 45 – Penal Code, 1860 – ss. 4.3, 406, 418, 420 – Information Technology (Amendment) Act, 2008 – s. 66D – Black Money Act – s. 4 – Act, 1999 – s. 37 – Income Tax Act, 1961 – ss. 133(6) – Petitioner during the pandemic did the crowdfunding campaign using an online crowdfunding platform “Ketto” – Mumbai Zonal Office of the Enforcement Directorate (ED) initiated inquiry under FEMA
MAMTA DEVI & ORS.versusTHE RELIANCE GENERAL INSURANCE COMPANY LIMITED & ANR
Case No.: CIVIL APPEAL No. 3904/2023
Decision Date: 19-05-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC566

J.K. MAHESHWARI*, ARAVIND KUMAR Workmen’s Compensation Act, 1923 – s.20 – Notification issued under – “Contested claim” – When not – Deceased who was employed by the second respondent as truck driver met with a road accident and succumbed to the injuries – Compensation sought Deputy Labour Commissioner- cum-Commissioner for Workmen Compensation awarded Rs.4,31,671/- and with interest @ 6% p.a – Challenged by appellants – High Court held that the award itself was without jurisdiction on the ground that it was a contested matter on account of the written
ADDITIONAL TAHSILDAR & ANRversusURMILA G. & ORS.
Case No.: CIVIL APPEAL No. 7938/2023
Decision Date: 30-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1044

VIKRAM NATH*, RAJESH BINDAL HEADNOTES Issue for consideration: Whether the Lok Ayukta has jurisdiction to issue positive directions for correction of revenue records. Kerela Lok Ayukta Act, 1999 – s. 12 – Reports of Lok Ayukta – Jurisdiction of Lokayukta – Directions by Upa-Lokayukta for correction of or Upa Lokayukta is satisfi ed with any action or inaction of the party which has resulted in injustice or undue hardship to the complainant, it shall by a report in writing, recommend to the competent authority to remedy such injustice or hardship – On facts, the writ Petition was
STATE OF PUNJAB AND ANR.versusM/S. SHIKHA TRADING CO.
Case No.: CIVIL APPEAL No. 2453/2011
Decision Date: 25-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC773

ABHAY S. OKA*, SANJAY KAROL HEADNOTES Issue for consideration: Writ petition was fi led by respondent against the illegal sealing of its shop by the offi cers of Department of Excise and Taxation. While disposing off the petition, High Court whether justifi ed in passing the impugned directions for against the Assistant Excise and Taxation, Commissioner, holding that he had fi led an affi davit taking a false defence. Practice and Procedure – Adverse remarks – Expunction of: Held : Remarks adverse in nature, should not be passed in ordinary circumstances, or unless Decision Date : 25-08-2023 | Case No : CIVIL APPEAL No. 2453/2011 | Disposal Nature : Appeal(s) allowed  | Direction Issue : Appeal of State allowed and connected appeal disposed of.  |  Bench : 2 Judges
OM PRAKASH BANERJEEversusTHE STATE OF WEST BENGAL & ORS.
Case No.: CIVIL APPEAL No. 4210/2023
Decision Date: 19-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC567

KRISHNA MURARI*, SANJAY KAROL Service Law – Regularisation of service – Denial of – Held: Non-regularisation of the services of the appellant is a violation of the fundamental rights of equality before law and equality of opportunity in matters relating to employment under the State, as 16(1) – The principles of natural justice, too, demand that the appellant cannot be denied the benefit of the regularisation of services when his similarly placed fellow employees were granted the said benefit – Appellant entitled to receive back wages and benefits from 1991 with 10%
TATA MOTORS LIMITEDversusTHE BRIHAN MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING (BEST) AND OTHERS
Case No.: CIVIL APPEAL No. 3897/2023
Decision Date: 19-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC574

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Constitution of India – Power of Judicial review – Contractual/ commercial matters – Held: Courts should exercise a lot of restraint while exercising Powers of judicial review in – In contracts involving technical issues the courts should be even more reluctant – Courts must also not interfere where such interference will cause unnecessary loss to the public exchequer – In the present case, TATA Motors deviated from the material and the essential term of
M/S GLOCK ASIA-PACIFIC LTD.versusUNION OF INDIA
Case No.: ARBITRATION PETITION No. 51/2022
Decision Date: 19-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC568

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Arbitration and Conciliation Act, 1996 – ss.11(6), 12(5) – Ministry of Home Affairs floated tender – Applicant’s bid was accepted as per the terms and conditions of the tender which provided for arbitration clause which enabled Affairs to appoint an officer in the Ministry of Law as the arbitrator – Applicant invoking arbitration, nominated a retired Judge of the High Court as the Sole Arbitrator which as per the respondent was contrary to the Conditions of Tender – Application filed u/s.11(6) before Supreme
SEBIL ELANJIMPALLYversusTHE STATE OF ODISHA
Case No.: CRIMINAL APPEAL No. 1578/2023
Decision Date: 18-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC557

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						 SEBIL ELANJIMPALLY versus THE STATE OF ODISHA - [2023] 6 S.C.R. 5632023 INSC 557 K.M. JOSEPH, ARAVIND KUMAR Bail – Denial of – When not proper – Appellant charged for commission of offences u/s. 20(b)(ii)(C), NDPS Act had been in custody for two years and 11 months – Bail denied – On appeal, held: The fact that the co-accused who was released on bail did not surrender Impugned order set aside – Matter to be reconsidered by the High Court – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20(b)(ii)(C). CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1578 of 2023. From the Judgment and Order dated 20.01.2023 of the High Court
THE ANIMAL WELFARE BOARD OF INDIA AND ORS.versusUNION OF INDIA & ANR
Case No.: WRIT PETITION (CIVIL) No. 23/2016
Decision Date: 18-05-2023
Disposal: Unknown
Neutral Citation: 2023INSC548

K.M. JOSEPH*, AJAY RASTOGI, ANIRUDDHA BOSE, HRISHIKESH ROY, C.T. RAVIKUMAR Prevention of Cruelty to Animals Act, 1960 – Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – Prevention of Cruelty to Animals (Maharashtra Amendment) Act, to Animals (Karnataka Second Amendment) Act, 2017 – Held: The expressions Jallikattu, Kambala and Bull Cart Race as introduced by the Amendment Acts of the three States have undergone substantial change in the manner they were used to be practiced or performed and the factual conditions Decision Date : 18-05-2023 | Case No : WRIT PETITION (CIVIL) No. 23/2016  |  Bench : 5 Judges
CHANCHALPATI DASversusTHE STATE OF WEST BENGAL & ANR.
Case No.: CRIMINAL APPEAL No. 1592/2023
Decision Date: 18-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC554

AJAY RASTOGI*, BELA M. TRIVEDI Code of Criminal Procedure, 1973 – FIR and charge-sheet – Quashing of – FIR was registered against appellant-accused u/ss. 468, 471, 406 and 120-B of IPC – Appellant-accused claim themselves to be spiritual leaders and are related to a religious/ spiritual society – had committed theft as well as criminal breach of trust in respect of a bus – Appellant-accused sought quashing of the criminal proceedings – High Court dismissed the criminal revisions – On appeal, held: As per the case of the complainant, the alleged incident of bus
K. C. NINANversusKERALA STATE ELECTRICITY BOARD & ORS.
Case No.: CIVIL APPEAL No. 2109/2004
Decision Date: 19-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC560

D.Y. CHANDRACHUD*, HIMA KOHLI, PAMIDIGHANTAM SRI NARASIMHA Electricity Act, 2003 – ss. 42 and 61 – Liability of subsequent owner to pay electricity charges due on previous owner – Whether the arrears of unpaid electricity dues outstanding from the erstwhile owner can be claimed owner, who has acquired the property in proceedings initiated to enforce mortgages or to pay off the dues of creditors – Held: In order to provide a supply of electricity to consumers, a distribution licensee is required to lay down infrastructure such as electricity lines, transformers,
M/S B AND T AGversusMINISTRY OF DEFENCE
Case No.: ARBITRATION PETITION No. 13/2023
Decision Date: 18-05-2023
Disposal: Rejected
Neutral Citation: 2023INSC549

D.Y. CHANDRACHUD*, J.B. PARDIWALA 7 S.C.R. 599 M/S B AND T AG v. MINISTRY OF DEFENCE (Arbitration Petition (Civil) No. 13 of 2023) MAY 18, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND J. B. PARDIWALA, J.] Arbitration and Conciliation Act, 1996 – s.11– Limitation period – Cause of action – When accrues – Period of limitation for commencing an arbitration runs from the date on which the “cause of arbitration” accrued i.e., from the date when the claimant first acquired either a right of action or a right to require arbitration – An application u/ s.11 is governed by Cited In
RAMESH CHANDRA VAISHYAversusTHE STATE OF UTTAR PRADESH & ANR.
Case No.: CRIMINAL APPEAL No. 1617/2023
Decision Date: 19-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC569

S. RAVINDRA BHAT*, DIPANKAR DATTA Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss. 3(1)(x), 18 – Penal Code, 1860 – ss. 323, 325, 392, 452, 504, 506 – Prosecution case that the appellant was engaged in an altercation with the second respondent-complainant over the issue – It was alleged that during this altercation, the appellant verbally hurled caste related abuses towards the complainant and his family members, and subsequently physically assaulted the complainant causing him multiple injuries – Two FIRs were filed – First FIR by the
CAPTAIN MANJIT SINGH VIRDI (RETD.)versusHUSSAIN MOHAMMED SHATTAF & ORS.
Case No.: CRIMINAL APPEAL No. 1399/2023
Decision Date: 18-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC555

ABHAY S. OKA*, RAJESH BINDAL Code of Criminal Procedure, 1973 – Application for discharge – Victim’s body was found in a pool of blood in his bedroom – After investigation, charge-sheet was filed against respondent nos.1 & 2 – Trial Court had not yet framed charges – Immediately after was filed – The same was dismissed by the Trial Court – However, the High Court set aside the order passed by the Trial Court and discharged respondent nos. 1 & 2 – On appeal, held: The settled proposition of law is that at the stage of hearing on charges entire
NATIONAL INSURANCE COMPANY LTD.versusVEDIC RESORTS AND HOTELS PVT. LTD.
Case No.: CIVIL APPEAL No. 4979/2019
Decision Date: 17-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC545

AJAY RASTOGI*, BELA M. TRIVEDI Insurance – Repudiation of claim under exclusionary clause in a policy – Respondent-complainant running a resort obtained two insurance policies in respect of buildings of the Resort with plant and machine accessories and furniture etc. – As per respondent, a mob of about 200-250 and damaged the property – Surveyor assessed the loss to the tune of Rs.202.216 lakhs – Appellant-insurance company had repudiated the claim of the respondent on the ground that the loss caused to the respondent was an outcome of the malicious act/acts on the part of the respondent
SAKSHI ARHAversusTHE RAJASTHAN HIGH COURT AND OTHERS
Case No.: SPECIAL LEAVE PETITION (CIVIL) No. 16428/2022
Decision Date: 18-05-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC559

AJAY RASTOGI*, BELA M. TRIVEDI* Judicial Service – Rajasthan Judicial Service Rules, 2010 – r. 10 – Selection for the post of Civil Judge – Submission of caste certificate – Certificate not accepted – Benefit of Reservation not given – An advertisement issued by respondent dated Judge – Appellants being members of Other backward Classes (Non-creamy layer), More Backward Class (NCL) and from the Economically weaker Section (EWS), applied for the post in their respective reserved category – Exam conducted – Appellants scored higher marks in their Decision Date : 18-05-2023 | Case No : SPECIAL LEAVE PETITION (CIVIL) No. 16428/2022 | Disposal Nature : Matter referred to larger bench  | Direction Issue : Matter be placed before Hon'ble CJI for Constitution of appropriate Bench.  |  Bench : 2 Judges
RAVI MANDALversusSTATE OF UTTARAKHAND
Case No.: CIVIL APPEAL No. 511/2011
Decision Date: 18-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC552

HRISHIKESH ROY*, MANOJ MISRA Penal Code, 1860 – ss. 302, 34 and 201 – Arms Act, 1959 – ss. 4 and 25 – Acquittal under – FIR lodged by PW-1 (father of deceased) after founding dead body of his son at 0730 hours on 01.11.2001 in a forest, alleging that deceased was with ‘R’ and with ‘S’ in written information – Both accused (R and S) were convicted by the Trial Court u/s.302 r/w. s.34, s.201 of IPC and ss. 4/25 of the Arms Act – Trial Court relied on testimonies of PW-2 and PW-5 to conclude that deceased was last seen alive in the company
ARTI DIXIT & ANRversusSUSHIL KUMAR MISHRA & ORS
Case No.: CIVIL APPEAL No. 3858/2023
Decision Date: 18-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC556

K.M. JOSEPH*, HRISHIKESH ROY Provincial Small Cause Courts Act, 1887: s. 17 – Decree passed by a court of Small Causes ex-parte, under the proviso to s.17 – Application to set aside the ex-parte decree – Mandatory requirements – Held: Applicant must deposit in the court, the amount or should give security for the performance of the decree ‘on a previous application’ made by him in this behalf – Such application can be filed up to the date of the application u/ Ord. IX r. 13 and the security must be made available along with such application – On
GOVERNMENT OF NCT OF DELHIversusRAVINDER KUMAR JAIN & ORS.
Case No.: CIVIL APPEAL No. 3621/2023
Decision Date: 18-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC558

ABHAY S. OKA*, RAJESH BINDAL Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Locus of a subsequent purchaser to invoke s.24(2) to claim lapse of acquisition – Writ petition filed by the respondent no.1 invoking s.24(2) was allowed, – Correctness of – Held: A subsequent buyer of the property after issuance of the notification u/s.4 of the 1894 Act has no locus to invoke s.24(2) of the 2013 Act – In the present case, notification u/ s.4 of 1894 Act was issued on 25.11.1980 and the sale deed in favour of the
SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEEversusSTATE OF TAMIL NADU AND ORS
Case No.: CIVIL APPEAL No. 7467/2014
Decision Date: 18-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC551

V. RAMASUBRAMANIAN*, PANKAJ MITHAL Wakf – Suit land was declared as wakf property by Single Judge – Order set aside by Division Bench – Held: Under the Muslim law, a wakf can be created in several ways but primarily by permanent dedication of any movable and professing Islam for any purpose recognized by Muslim law as pious, religious or charitable purpose and in the absence of such dedication, it can be presumed to have come into existence by long use – In the present case, on the admitted facts, the wakf by dedication of the suit land is
STATE OF UTTARAKHAND AND ANR.versusRAVI KUMAR (DECEASED) THROUGH LRS AND OTHERS
Case No.: CIVIL APPEAL No. 4983/2009
Decision Date: 18-05-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC550

SURYA KANT*, J.K. MAHESHWARI Tenancy laws: Title claim – On facts, land leased out to one in 1924 for thirty years under the 1895 Act, who sold it to predecessor-in-interest of the respondents vide sale deed of 1947 and thereafter the land was recorded in his name and on his death are continuously recorded as Bhumidhar of the said land – Different set of legal proceedings which proceeded in parallel – Issues pertaining to sale of ownership rights or leasehold rights to the respondents; status of the respondents under the applicable tenancy law and if the
SRI. K.M. KRISHNA REDDYversusSRI. VINOD REDDY & ANR.
Case No.: CIVIL APPEAL No. 4471/2010
Decision Date: 06-10-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC877

ABHAY S. OKA*, PANKAJ MITHAL HEADNOTES Issue for consideration: When in a suit simpliciter for a perpetual injunction based on title, the defendant pleads perfection of his title by adverse possession against the plaintiff or his predecessor, is it necessary for the plaintiff to claim a declaration For perpetual injunction based on title – Perfection of title by adverse possession pleaded by defendant – If necessary for plaintiff to claim a declaration of title: Held: Respondents admitted the ownership of the appellant’s father through whom the appellant claimed title
V. SENTHIL BALAJIversusTHE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS.
Case No.: CRIMINAL APPEAL No. 2284/2023
Decision Date: 07-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC677

A.S. BOPANNA*, M.M. SUNDRESH HEADNOTES Issues for consideration: (i) When an arrestee is forwarded to the jurisdictional Magistrate under Section 19(3) of the Prevention of Money Laundering Act, 2002, whether writ of Habeus Corpus would lie; (ii) Whether s.41 CrPC has got any made under PMLA, 2002; (iii) The actual import of Section 167(2) of the CrPC, 1973 as to whether the 15 days period of custody in favour of the police should be only within the fi rst 15 days of remand or spanning over the entire period of investigation - 60 or 90 days, as the case may be, as a
TRUST ESTATE KHIMJI KESHAWJI & ANRversusTHE KOLKATA MUNICIPAL CORPORATION & ORS.
Case No.: CIVIL APPEAL No. 4230/2023
Decision Date: 05-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC609

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Kolkata Municipal Corporation Act, 1980 – s. 238 and s.271 – Validity of notice under – A Notice was issued to the apellant- owner (occupying ground and sixth floor) of the building consisting ground plus six floors, which stated that appellant the Act by using water supplied for domestic purpose, for purpose other than domestic – It also stated that s. 271 prohibits use of water supply for domestic purpose for any other purpose – High Court held notice to be valid – On appeal, held: Impugned notice does not mention any
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT & ORS.versusDR. MANU & ANR.
Case No.: CIVIL APPEAL No. 3752/2023
Decision Date: 16-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC539

K.M. JOSEPH*, B.V. NAGARATHNA Service Law – Respondent No.1 joined the service of the Appellant-University in July 1999 as a Lecturer – He was placed in the senior scale and granted four advance increments by virtue of Cl 6.16 of the UGC Scheme dtd.21.12.1999 which provided that degree at the time of recruitment as lecturers would be eligible for four advance increments – Later, Respondent No.1 was placed as a Selection Grade Lecturer however, while fixing the pay, two advance increments payable on placement of a Lecturer holding a Ph.D. degree as a Selection
STATE OF U.PversusSONU KUSHWAHA
Case No.: CRIMINAL APPEAL No. 1633/2023
Decision Date: 05-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC603

ABHAY S. OKA*, RAJESH BINDAL Protection of Children from Sexual Offences Act, 2012: ss. 6, 5 clause (m) – Aggravated penetrative sexual assault – Punishment for – Prosecution case that accused had put his penis into mouth of the victim aged about 10 years and discharged semen – Conviction u/s. 377 and the POCSO Act, and sentenced accordingly – However, the High Court held that the act committed by the accused was of penetrative sexual assault punishable u/s. 4 and reduced the sentence – Correctness of – Held: Accused committed an offence of aggravated penetrative sexual
RANJAN KUMAR CHADHAversusSTATE OF HIMACHAL PRADESH
Case No.: CRIMINAL APPEAL No. 2239/2011
Decision Date: 06-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC878

M.M. SUNDRESH*, J.B. PARDIWALA HEADNOTES Issues for consideration : The contention raised was that the High Court erred in holding the appellant guilty of off ence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as Section 50 of the NDPS Act was not contended that the High Court committed error in recording the fi nding that Section 50 of the NDPS Act was not applicable in the present case as the recovery of the contraband substance was not made as a result of the personal search of the accused but on account of the search of his bag. The
SNEHASIS GIRI AND ORS.versusSUBHASIS MITRA
Case No.: CONTEMPT PETITION (CIVIL) No. 352/2022
Decision Date: 02-02-2023
Disposal: Disposed off
Neutral Citation: 2023INSC97

S. RAVINDRA BHAT*, DIPANKAR DATTA Contempt of Court – Certain provisions of the West Bengal Madrasa Service Commission Act, 2008 regulating the process of appointment of teachers in aided Madrasas recognized as minority institutions, were declared unconstitutional by High Court – However, Supreme Court declared Act to be valid and binding – During the pendency of the appeals, some appointments were made by the madrasas – Contempt proceedings filed seeking release of salaries of teachers appointed after the provisions of the Act were declared unconstitutional by the High Court – Held: