Hibbaan/DIVYADRISHTI huggingface dataset:
M/S BILAG INDUSTRIES P. LTD. & ANR.versusCOMMR. OF CEN. EXC. DAMAN & ANR.
Case No.: CIVIL APPEAL No. 9195/2010
Decision Date: 22-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC274

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 Disclaimer 


 
								 
						Judgments in  regional languages are also made available alongside the English version. The translations are being done with the help of various human agencies and software tools. 
						Reasonable efforts have been made to provide an accurate translation.
						 
						 Hindi Judgment as published in Ucchtam Nyayalya Nirnay Patrika are reproduced under approval of Vidhi Sahitya Prakashan, Department of legislative affairs, Govt. Of India. 
						 
						Supreme Court Registry will not responsible for incorrect or inaccurate translation and  for any error, omission or discrepancy in the content of translated text. 
						The translation of Judgements is provided for general information  and shall have no legal effect for compliance or enforcement.
						If any questions arise related to the accuracy of the information/statement contained in the translated judgment,  users are advised to verify from the original judgments and also to refer to correct position of law while referring to old judgments. 
						Visitors to the site are requested to cross check the correctness of the information on this site with the authorities concerned or consult the relevant record. The information made available here is not meant for legal evidence. Neither the Courts concerned nor the National Informatics Centre (NIC) nor the e-Committee is responsible for any data inaccuracy or delay in the updation of the data on this website. We do not accept any responsibility or liability for any damage or loss arising from the direct/indirect use of the information provided on the site. However, we shall be obliged if errors/omissions are brought to our notice for carrying out the corrections.
						 M/S BILAG INDUSTRIES P. LTD. & ANR. versus COMMR. OF CEN. EXC. DAMAN & ANR. - [2023] 3 S.C.R. 6182023 INSC 274 S. RAVINDRA BHAT, DIPANKAR DATTA Central Tariff Act, 1985 – s. 4(4)(c) – In BIL, AgrEvo SA held 51% of the share capital initially (which was increased to 74% subsequently) and it continued to hold more than 51% – BIL thus became a subsidiary of AgrEvo SA – AgrEvo SA in Aventis CropScience (India) Ltd – Therefore, both BIL and Aventis CropScience (India) Ltd. became subsidiaries of AgrEvo SA (the name of which was changed to Aventis Crop Science SA around March 2000) during the relevant period – The dispute in this case arose as regards value of
JOLLY GEORGE AND ANR.versusGEORGE ELIAS AND ASSOCIATES AND ORS.
Case No.: SPECIAL LEAVE TO PETITION (CIVIL)... No. 1333/2022
Decision Date: 12-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC365

V. RAMASUBRAMANIAN*, PANKAJ MITHAL Kerala Micro Small and Medium Enterprises Facilitation Act,2019 – ss.2,5,6 and 10 – Kerala Panchayat Raj Act, 1994 – Kerala Panchayat Building Rules, 2019 – Rule 68 – ‘GEA’ purchased Hot Mix Plants for undertaking road works – They certificate u/s. 5 of the Act of 2019 and submitted an application to the Panchayat for the grant of a license for installation of the Plant – They obtained “Consent to Establish” from the Kerala State Pollution Control Board – Their application before the
NIKHIL CHANDRA MONDALversusSTATE OF WEST BENGAL
Case No.: CRIMINAL APPEAL No. 2269/2010
Decision Date: 03-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC198

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL Evidence – Extra-judicial Confession – Evidentiary value – Lady found murdered by a sharp cutting weapon – During investigation, revealed that the appellant-husband of the deceased had confessed before the prosecution witness that he had murdered the deceased with the spot where the body of the deceased was found – However, the trial court found the evidence of the witnesses contradictory to each other and not trustworthy, and acquitted the appellant – In appeal, the High Court convicted and sentenced the appellant u/s. 302 – Interference
APARNA AJINKYA FIRODIAversusAJINKYA ARUN FIRODIA
Case No.: CIVIL APPEAL No. 1308/2023
Decision Date: 20-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC146

V. RAMASUBRAMANIAN*, B.V. NAGARATHNA* Evidence Act, 1872 – s.112 – Birth during marriage, conclusive proof of legitimacy – DNA test of minor child – Circumstances under which may be directed – Principles enumerated. Constitution of India – Right to privacy – DNA Held: Children have the right not to have their legitimacy questioned frivolously before a Court of Law – This is an essential attribute of the right to privacy. Evidence Act, 1872 – s.112 – Presumption u/s.112 – Absence of plea of “non-access” to dislodge such
IMTIYAZ AHMAD MALLAversusTHE STATE OF JAMMU AND KASHMIR AND OTHERS
Case No.: SPECIAL LEAVE PETITION (CIVIL) No. 678/2021
Decision Date: 28-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC179

AJAY RASTOGI*, BELA M. TRIVEDI Service Law: Reinstatement – Petitioner issued appointment letter for the post of constable in the Jammu and Kashmir Executive Police – He suppressed the information with regard to his involvement in the criminal case – In view thereof, his Later, the petitioner acquitted in the criminal case pending against him – High Court set aside the cancellation order – Respondent directed to take further action – On reconsideration, the Director General of Police in view of the criminal background of the petitioner, found
BOHATIE DEVI (DEAD) THROUGH LRversusTHE STATE OF UTTAR PRADESH & ORS
Case No.: CRIMINAL APPEAL No. 1294/2023
Decision Date: 28-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC465

M.R. SHAH*, C.T. RAVIKUMAR Code of Criminal Procedure, 1973 – ss.158, 173(3) – Reinvestigation by another agency – Order passed by Secretary (Home), State of U.P., Lucknow for reinvestigation by CBCID – Legality of – Held: s.173(3) r/w s.158 does not permit the Secretary further investigation/reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior officer – For reinvestigation, the prior permission/approval of the Magistrate is required – In the present case, the Secretary (Home) passed
NATIONAL INSURANCE CO. LTD.versusHARSOLIA MOTORS AND OTHERS
Case No.: CIVIL APPEAL No. 5352/2007
Decision Date: 13-04-2023
Disposal: Dismissed
Neutral Citation: 2023INSC367

English हिन्दी - Hindiमराठी - Marathiਪੰਜਾਬੀ - Punjabiతెలుగు - Telugu 




 Disclaimer 


 
								 
						Judgments in  regional languages are also made available alongside the English version. The translations are being done with the help of various human agencies and software tools. 
						Reasonable efforts have been made to provide an accurate translation.
						 
						 Hindi Judgment as published in Ucchtam Nyayalya Nirnay Patrika are reproduced under approval of Vidhi Sahitya Prakashan, Department of legislative affairs, Govt. Of India. 
						 
						Supreme Court Registry will not responsible for incorrect or inaccurate translation and  for any error, omission or discrepancy in the content of translated text. 
						The translation of Judgements is provided for general information  and shall have no legal effect for compliance or enforcement.
						If any questions arise related to the accuracy of the information/statement contained in the translated judgment,  users are advised to verify from the original judgments and also to refer to correct position of law while referring to old judgments. 
						Visitors to the site are requested to cross check the correctness of the information on this site with the authorities concerned or consult the relevant record. The information made available here is not meant for legal evidence. Neither the Courts concerned nor the National Informatics Centre (NIC) nor the e-Committee is responsible for any data inaccuracy or delay in the updation of the data on this website. We do not accept any responsibility or liability for any damage or loss arising from the direct/indirect use of the information provided on the site. However, we shall be obliged if errors/omissions are brought to our notice for carrying out the corrections.
						 NATIONAL INSURANCE CO. LTD. versus HARSOLIA MOTORS AND OTHERS - [2023] 3 S.C.R. 4482023 INSC 367 AJAY RASTOGI, C.T. RAVIKUMAR Consumer Protection Act, 1986 – s.2(1)(d) – Respondent (commercial enterprise) had taken fire insurance policy from the appellant insurance company – Respondent sufferred damage due to fire – Appellant denied the claim of respondent before the State Commission for compensation – State Commission held that respondent was not a “consumer” as defined u/s. 2(1)(d) of the Consumer Protection Act, 1986, and the complaint was not maintainable – However, National Commission held that the respondent was a
GOVERNMENT OF NCT OF DELHIversusRATIRAM & ORS.
Case No.: CIVIL APPEAL No. 379/2023
Decision Date: 20-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC72

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, when deemed to have lapsed – Writ petition by the private respondent-writ petitioner seeking declaration that acquisition proceedings pertaining to of s.24(2) – High Court relying upon the decision in Pune Municipal Corporation case held the acquisition is deemed to have lapsed on the ground that compensation with respect to the land was not tendered – Sustainability of – Held: Not sustainable – Possession of the land
THE STATE OF RAJASTHAN & ORS.versusSHARWAN KUMAR KUMAWAT ETC. ETC
Case No.: CIVIL APPEAL No. 1162/2016
Decision Date: 01-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC661

A.S. BOPANNA*, M.M. SUNDRESH HEADNOTES Issue for consideration: Issue pertains to constitutionality of rr. 4(10) and 7(3) of the Rajasthan Minor Mineral Concession Rules, 1986 as regards restriction on grant and renewal of mining leases, and the procedure for grant of lease; whether the High ignoring the power of the State Government to make Rules in respect of minor minerals u/s. 15 of the Mines and Minerals (Development and Regulation) Act, 1957; and whether there is a right vested over an application made which is pending seeking lease of a Government land or over the minerals
DHEERAJ SINGHversusGREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS
Case No.: CIVIL APPEAL No. 4172/2023
Decision Date: 04-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC594

KRISHNA MURARI*, BELA M. TRIVEDI Code of Civil Procedure, 1908 – O.41, r.22 – Cross objections filed by the appellants for enhancement of compensation, not considered by High Court – Held: Cross objections, unlike a regular appeal, are existing appeal – However, as per O.41, r.22, cross objections have all the trappings of a regular appeal and therefore, must be considered in full by the court adjudicating upon the same – Court of appeal has a duty to apply its mind to all the issues raised before it and in cases
RAVINDER KUMAR GOELversusTHE STATE OF HARYANA & ORS.
Case No.: CIVIL APPEAL No. 1173/2023
Decision Date: 15-02-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC129

A.S. BOPANNA*, HIMA KOHLI Land Acquisition Act, 1894 : ss. 4, 6, 17(2) – Land Acquisition – Enhancement of compensation – On facts, land of the appellants acquired for the construction of Express Highway – Though land acquired on large scale, however, the appellants of small extent of lands – Award passed and the market value fixed at Rs. 12,50,000/- per acre which was enhanced by the Reference Court to Rs. 43,17,841 and then by the High Court to Rs. 62,11,700/ - per acre – Thereafter, on remand of the matter to the Reference Court, on
AMBALAL PARIHARversusSTATE OF RAJASTHAN & ORS.
Case No.: CRIMINAL APPEAL No. 3233/2023
Decision Date: 16-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC946

ABHAY S. OKA*, PANKAJ MITHAL HEADNOTES Issue for consideration: Impugned order passed in Civil Writ Petition, fi led by the second to fourth respondents for clubbing of eight FIRs fi led against them, directing that no coercive action be taken against the aforesaid respondents in connection with the said FIRs, if – Abuse of process of law – Forum hunting – Six FIRs were registered against the second to fourth respondents, at the instance of the appellant – Two other FIRs were also registered against them by some other fi rst informants, respondents sought quashing thereof,
DIRECTOR GENERAL, DOORDARSHAN PRASAR BHARTI CORPORATION OF INDIA & ANR.versusSMT. MAGI H DESAI
Case No.: CIVIL APPEAL No. 1787/2023
Decision Date: 24-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC290

M.R. SHAH*, C.T. RAVIKUMAR Central Civil Services (Pension) Rules, 1972 – rr. 13, 14 – High Court directed that the services of the respondent rendered as contractual/casual shall be liable to be counted as temporary service for calculating the qualifying benefits – Held: High Court materially erred in observing that the contractual service would be qualified as service in a temporary capacity – Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment – Neither the rule
DR. B R AMEDKAR UNIVERSITY, AGRAversusDEVARSH NATH GUPTA & ORS.
Case No.: CIVIL APPEAL No. 1141/2023
Decision Date: 14-02-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC721

DINESH MAHESHWARI*, SANJAY KUMAR Constitution of India :Art. 226 – Exercise of power under – Order as regards re-evaluation of the answer sheets/answer scripts – Justification of – Writ of Mandamus by respondent No. 1 seeking re-checking of answer sheet of the paper of the physiology subject and to accept the amended result if marks were increased in re-checking – High Court allowed the writ petition by awarding the respondent no. 1, the average of the marks awarded by the three examiners – High Court further awarded Rs. 1 lakh cost to respondent no. 1, gave liberty to
TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATIONversusSTATE OF TAMIL NADU & ORS
Case No.: CIVIL APPEAL No. 8536/2022
Decision Date: 20-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC952

S. RAVINDRA BHAT*, PAMIDIGHANTAM SRI NARASIMHA HEADNOTES Issue for consideration: Whether the High Court was justifi ed in dismissing the writ petitions fi led by the appellants-association representing manufacturing units of ‘reinforced’ paper cups, bags, challenging the government order banning manufacture, storage, supply, transport, sale, distribution, and use of plastic coated teacups and non-woven bags. Environment Protection Act, 1986 – ss. 5, 23 – Plastic coated teacups and non-woven bags – Government Order banning Decision Date : 20-10-2023 | Case No : CIVIL APPEAL No. 8536/2022 | Disposal Nature : Disposed off  | Direction Issue : C.A. No. 8536/2022 disposed of and C.A. Nos.8537-38/2022 partly allowed.    |  Bench : 2 Judges
AXIS BANK LIMITEDversusNAREN SHETH & ANR.
Case No.: CIVIL APPEAL No. 2085/2022
Decision Date: 12-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC820

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: NCLAT dismissed the appeal fi led by the appellant upholding the order passed by the Adjudicating Authority whereby it admitted the application u/s.7, Insolvency and Bankruptcy Code, 2016 fi led by Respondent No.2-Secured Creditor against the the delay. Respondent No.2 whether entitled to the benefi t of s.18, Limitation Act and whether s.5 thereof would also be applicable. Insolvency and Bankruptcy Code, 2016 – s.7 – Limitation Act, 1963 – ss.18, 5 – Respondent No.2 fi led application u/s.7 against the
MANAK CHAND @ MANIversusTHE STATE OF HARYANA
Case No.: CRIMINAL APPEAL No. 2276/2014
Decision Date: 30-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC959

SANJAY KISHAN KAUL*, C.T. RAVIKUMAR, SUDHANSHU DHULIA HEADNOTES Issue for consideration: Whether the courts below were justifi ed in convicting and sentencing the appellant for off ence of rape u/s. 376 IPC. Penal Code, 1860 – s. 376 – Rape - Allegation of the prosecutrix aged less than 16 years, against her was raped two three times when she had gone to her sister’s matrimonial home – Considering the family relations, initially the matter was sought to be settled by the marriage of the two – However, the off er was turned down, and the prosecutrix’s father lodged an FIR
FULMATI DHRAMDEV YADAV & ANR.versusNEW INDIA ASSURANCE CO. LTD. & ANR.
Case No.: CIVIL APPEAL No. 4713/2023
Decision Date: 04-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC790

ABHAY S. OKA*, SANJAY KAROL HEADNOTES Issue for consideration: The order of the High Court setting aside the order of the Commissioner awarding compensation in favour of legal representatives of the deceased employee. Employee's Compensation Act, 1923 – Victim died as he was tying up logs The Commissioner directed insurer to pay compensation of ₹3,94,120/- and the employer was directed to pay ₹1,97,060/-, i.e., 50% of the compensation amount as penalty – High Court set aside the order of the Commissioner – Propriety: Held: A bare perusal of the impugned judgment
MATHEW ALEXANDERversusMOHAMMED SHAFI AND ANR.
Case No.: CRIMINAL APPEAL No. 1931/2023
Decision Date: 13-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC621

B.V. NAGARATHNA*, PRASHANT KUMAR MISHRA Code of Criminal Procedure, 1973 : s. 482 – Quashing of final report – Motor accident matter – Rash and negligent driving – Appellant’s son was driving a car which collided with the gas tanker lorry – Death of appellant’s son and five others travelling in legal representative of the deceased passengers – Claim petition also filed by the appellant against the driver and the insurer of the tanker lorry, and against the owner – FIR against the appellant’s son u/s. 279 and 304 A, however, abatement of charges against him on his
DISTRICT BAR ASSOCIATION DEHRADUNversusISHWAR SHANDILYA & ORS
Case No.: MISCELLANEOUS APPLICATION No. 859/2020
Decision Date: 20-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC405

M.R. SHAH*, AHSANUDDIN AMANULLAH Advocates/Bar Associations – Grievance Redressal Committees (GRC) – Constitution of – Held: No member of the Bar can go on strike and/or abstain himself from court working – If the member of the Bar has any difficulty being faced because of the procedural changes in filing/listing of the matters and/or any genuine grievance pertaining to misbehave of any member of the lower judiciary they can very well make a representation and it is appropriate that their genuine grievances are considered by some
MATHURA VRINDAVAN DEVELOPMENT AUTHORITY & ANOTHERversusRAJESH SHARMA AND OTHERS
Case No.: CIVIL APPEAL No. 5645/2015
Decision Date: 28-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC448

M.R. SHAH*, C.T. RAVIKUMAR U.P. Urban Planning and Development Act, 1973 ss. 15(2- A), 41 – Constitution of India – Art. 265 – The dispute before the High Court by way of various writ petitions was with respect to challenge to the various demand notices by way of external/internal fee/supervision fee while granting of sanction layout plan, development charges, sub-division charges, stacking charges and impact fee etc – Except in one case, namely, Rekha Rani, in all other cases, the Allahabad High Court as such has upheld the levy of development charges/fees
UNION OF INDIAversusINDIAN NAVY CIVILIAN DESIGN OFFICERS ASSOCIATION AND ANR.
Case No.: CIVIL APPEAL No. 8329/2011
Decision Date: 22-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC152

AJAY RASTOGI*, BELA M. TRIVEDI Service Law : Pay scale – Grant of – Respondent association seeking pay scale of Rs.7500-12000 to the Junior Design Officers as allowed to the Civilian Technical Officers (Design), consequent to the implementation of the Fifth Central Pay Commission and the High Court, by equating the posts of JDOs with CTOs, and in fixing the pay scales of JDOs equivalent to that of CTOs – Justification of – Held: Equation and classification of posts and determination of pay scales is the primary function of the Executive and not of the
PRAKASH KUMAR JENA & ORS.versusTHE STATE OF ODISHA & ORS.
Case No.: CIVIL APPEAL No. 8836/2022
Decision Date: 17-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC254

M.R. SHAH*, M.M. SUNDRESH Service Law – Home Guards – Disbursal of salary – Writ petition was filed by original writ petitioners, who were working as Home Guards for more than 10 to 15 years, seeking disbursal of their salary as per direction of the Supreme Court in Grah Rakshak, Home Guards of Himachal Pradesh and others – Division Bench of the High Court restricted the payment at the rate of Rs.533/- per day to the Home Guards from January, 2020, instead of 10.11.2016, as directed by the Single Judge of the High Court – On appeal, held: The State cannot be permitted
RAM GOPAL S/O MANSHARAMversusSTATE OF MADHYA PRADESH
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 9221/2018
Decision Date: 17-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC133

AJAY RASTOGI*, BELA M. TRIVEDI Penal Code, 1860 – s.302 – Conviction under – Evidence Act 1872 – s. 106 – Prosecution case is that petitioner-accused had taken victim-deceased – Thereafter the very next day, victim was found lying dead on road u/s. 302 IPC – High Court confirmed the conviction – On appeal, held: The time gap between the period when the deceased was last seen with the accused and the recovery of the corpse of the deceased being quite proximate, the non-explanation of the petitioner with regard to the
INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTDversusHDFC BANK LTD. & ANR.
Case No.: CIVIL APPEAL No. 4708/2022
Decision Date: 19-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC929

S. RAVINDRA BHAT*, DIPANKAR DATTA HEADNOTES Issue for consideration: Whether the documents executed by the borrower-appellant by which rents were made over to the lender-respondent constituted an assignment and thus fell outside the scope of an asset and security freeze order made by the NCLAT. Transfer of Property Act, 1882 – Sanction of fi nancial facility of ₹400 crores to the borrower by the lender – Parties entered into Master Facility Agreement-MFA and Assignment Agreement-AA – As per MFA receivables or rents which borrower is entitled to, form the security for the advance extended to
MAGHAVENDRA PRATAP SINGH @ PANKAJ SINGHversusSTATE OF CHHATTISGARH
Case No.: CRIMINAL APPEAL No. 915/2016
Decision Date: 24-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC415

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL Penal Code, 1860: ss. 302 , 201, 120-B – Circumstantial Evidence – Criminal Conspiracy – Businessman-victim threatened for money and shot dead by two motorcyclists – Appellant and several others chargesheeted – Trial court convicted and sentenced all the accused However, the High Court acquitted all the accused except the appellant – On appeal, held: Prosecution case rests solely on circumstantial evidence, as none was found present at the scene of the incident – Neither of the independent witness supported the prosecution case –
ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRAversusMADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. AND ANR
Case No.: CIVIL APPEAL No. 2890/2023
Decision Date: 18-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC390

DINESH MAHESHWARI*, SANJAY KUMAR Contract – Imposition of penalty, debarment/blacklisting of the appellant-firm – Requirement of specific show-cause notice – Held: Cancellation orders dtd. 19.11.19 and 21.11.19 cannot be read as show-cause purpose of imposition of penalty – Finality attaching to the action of cancellation cannot be read as a due notice for imposition of penalty even if the respondents chose to employ the expression ‘cancelled with imposition of penalty’ in those orders – Thus, the action of