Hibbaan/DIVYADRISHTI huggingface dataset:
RAJPALversusSTATE OF RAJASTHAN
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 15585/2023
Decision Date: 12-12-2023
Disposal: Dismissed as withdrawn
Neutral Citation: 2023INSC1089

 




 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.
						 RAJPAL versus STATE OF RAJASTHAN - [2023] 16 S.C.R. 11362023 INSC 1089 C.T. RAVIKUMAR, SANJAY KUMAR HEADNOTES Issue for consideration: Matter pertains to the concern expressed by the Court on the lethargy in following its earlier orders in the matter of dealing with bail applications arising out of the same FIR. Judicial notice – Bail applications arising out of the same FIR diff erent Judges leading to anomalous situation – Some of the Judges granting bail and some other Judges refusing to grant bail, even when the role attributed to the applicants is almost similar – Earlier orders by this Court that it would be appropriate that all the matters
JABIR & ORSversusTHE STATE OF UTTARAKHAND
Case No.: CRIMINAL APPEAL No. 972/2013
Decision Date: 17-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC48

S. RAVINDRA BHAT*, PAMIDIGHANTAM SRI NARASIMHA Penal Code, 1860 – ss.302, 364, 201 – The prosecution case was that the victim ‘H’, aged about 7 years, went missing on 8.10.1999 – On 10.10.1999, his dead body was found in the sugarcane field of ‘Y’ in Village – The victim’s father (PW-1) recorded on 21.11.1999 – In the FIR, the informant alleged that he was told by PW-3 and PW-2 that they had seen A-3 taking deceased boy ‘H’ into her house on 08.10.1999 – PW-4 told him that on 09.10.1999 at about 6 AM, he had seen ‘H’ standing along with A-1
BALWANT SINGHversusUNION OF INDIA & ORS.
Case No.: WRIT PETITION (CRIMINAL) No. 261/2020
Decision Date: 03-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC482

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH, SANJAY KAROL Constitution of India – Arts. 32, 72, 161 – Mercy Petition – Petitioner was convicted for having committed an offence u/s. 120- B, 302, 307 of IPC and u/s. 3(b), 4(b) and 5(b) r/w s. 6 of Explosives Substances Act, 1908 and was awarded death sentence – Death reference of by the High Court – Petitioner neither preferred appeal against the decision of the High Court nor preferred the mercy petition – The mercy petition for the petitioner was preferred by the Gurudwara Prabandhak Committee – The case of the petitioner is that the Union has not
PHULEL SINGHversusSTATE OF HARAYANA
Case No.: CRIMINAL APPEAL No. 396/2010
Decision Date: 27-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC863

BHUSHAN RAMKRISHNA GAVAI*, PAMIDIGHANTAM SRI NARASIMHA, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Whether in the totality of the circumstances, it can be said that the dying declaration (Ex. P.L.) is free from doubt; whether evidence prove beyond reasonable doubt that the deceased was harassed on account of non-fulfi llment of demand of dowry. Evidence Act, – Dying declartion free from doubt or not – Doubt whether the dying declaration recorded was voluntary or it was tutored – Doubt regarding fi tness of victim – Variation in statement made by victim: Held: The present case mainly rests on the dying declaration of the
GOVT. OF NCT DELHI & ORS.versusDHANNU & ANR
Case No.: CIVIL APPEAL No. 942/2023
Decision Date: 17-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC138

M.R. SHAH*, C.T. RAVIKUMAR, SANJAY KAROL 2 S.C.R. 397 397 GOVT. OF NCT DELHI & ORS. v. DHANNU & ANR. (Civil Appeal No.942 of 2023) FEBRUARY 17, 2023 [M. R. SHAH, C. T. RAVIKUMAR AND SANJAY KAROL JJ.] Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – the original writ petitioner-respondent no.1 herein and declared that the acquisition proceeding w.r.t the land in question is deemed to have lapsed u/ s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development
RESIDENT’S WELFARE ASSOCIATION AND ANOTHERversusTHE UNION TERRITORY OF CHANDIGARH AND OTHERS
Case No.: CIVIL APPEAL No. 274/2023
Decision Date: 10-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC22

BHUSHAN RAMKRISHNA GAVAI*, B.V. NAGARATHNA Urban Development – Town Planning – Committee for Chandigarh Master Plan, 2031 (CMP-2031) – Issue of redensification in Phase-I sector in the city of Chandigarh – Fragmentation/division/bifurcation/apartmentalization of residential units of r.14 of the Chandigarh (Sale of Sites and Building) Rules, 1960, r.16 of the Chandigarh Estate Rules, 2007 and repeal of the Chandigarh Apartment Rules, 2001, fragmentation/ division/bifurcation/ apartmentalization of residential units in Phase-I sector of Chandigarh is prohibited – On Decision Date : 10-01-2023 | Case No : CIVIL APPEAL No. 274/2023 | Disposal Nature : Appeal(s) allowed  | Direction Issue :  Appeals allowed and directions issued.  |  Bench : 2 Judges
ABHISHEK SINGHversusHUHTAMAKI PPL LTD. & ANR.
Case No.: CIVIL APPEAL No. 2241/2023
Decision Date: 28-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC308

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Insolvency and Bankruptcy Code, 2016: ss.9 and 12A – Interpretation of s. 12A and Regn 30A – Withdrawal of application of Corporate Insolvency Resolution Process-CIRP before the constitution of Committee of Creditors-CoC – Validity of – Held: s.12A admitted u/ss. 7, 9 and 10 – s. 12A does not debar entertaining applications for withdrawal even before constitution of CoC – Application u/s. 12A cannot be said to be kept pending for constitution of CoC, even where such application was filed before the constitution of CoC
SANJIT SAHA & ANR.versusTHE STATE OF WEST BENGAL
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 46699/2018
Decision Date: 09-10-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC1085

English हिन्दी - Hindiਪੰਜਾਬੀ - Punjabi 




 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.
						 SANJIT SAHA & ANR. versus THE STATE OF WEST BENGAL - [2023] 15 S.C.R. 832023 INSC 1085 K.V. VISWANATHAN 83 : 2023 INSC 1085 83 CASE DETAILS SANJIT SAHA & ANR. v. THE STATE OF WEST BENGAL (Special Leave Petition (Crl.) D. No. 46699 of 2018) OCTOBER 09, 2023 [K. V. VISWANATHAN, J.] HEADNOTES Issue for consideration: Matter pertains to the steps/guidelines to be taken in cases where despite the dismissal of the Special Leave Petition. Supreme Court Rules, 2013 – Ord. XXII r. 5 – Special Leave Petitions in Criminal Proceedings – Surrendering by the accused – Lapse in the communication – Eff ect: Held: Convict has to surrender to the sentence before fi Decision Date : 09-10-2023 | Case No : SPECIAL LEAVE PETITION (CRIMINAL) No. 46699/2018 | Disposal Nature : Matter referred to larger bench  | Direction Issue : Papers alongwith this order be placed before Hon’ble CJI  |  Bench : 1 Judge
M/S. IFCI LIMITEDversusSUTANU SINHA & ORS.
Case No.: CIVIL APPEAL No. 4929/2023
Decision Date: 09-11-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1023

SANJAY KISHAN KAUL*, SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: Whether the Compulsorily Convertible Debentures-CCDs with a “put option” and in the event of default on part of ICTL-borrower during the window period, can be said to be really a debt and not an equity. Insolvency – s. 62 – Appeal to Supreme Court – Jurisdiction u/s. 62 – Compulsorily Convertible Debentures-CCDs to be categorised as debt or an equity – On facts, project awarded in terms of Concession Agreement executed between the Authority and IVRCL-ICTL – ICTL was a
BOBYversusSTATE OF KERALA
Case No.: CRIMINAL APPEAL No. 1439/2009
Decision Date: 12-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC23

BHUSHAN RAMKRISHNA GAVAI*, M.M. SUNDRESH Evidence Act, 1872 – s.27 – Discovery of Fact – Criminal trial – Three accused – Disclosure statement allegedly made by accused no.3-appellant – Recovery of dead body of complainant’s husband – Appreciation of evidence – Held: s.27 requires and the knowledge of the accused as to this, and the information given must relate distinctly to the said fact – The information as to past user, or the past history, of the object produced is not related to its discovery – If a fact is actually discovered in consequence of
HEWLETT PACKARD INDIA SALES PVT. LTD. (NOW HP INDIA SALES PVT. LTD.)versusCOMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA
Case No.: CIVIL APPEAL No. 5373/2019
Decision Date: 17-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC50

SURYA KANT*, VIKRAM NATH Central Excise Tariff Act, 1985 – Central Excise Act, 1944 – ss.4A and 4 – Appellants imported certain units of the ‘All-in-one integrated Desktop computer’ and classified them under ‘Tariff Item 8471 50 00’ as self-assessment procedure – During subsequent examination by the Custom Authorities, the concerned goods were classified under ‘Tariff Item 8471 30 10’, and this classification was confirmed by various Adjudicating Authorities – Adjudicating Authorities held that the
AURELIANO FERNANDESversusSTATE OF GOA AND OTHERS
Case No.: CIVIL APPEAL No. 2482/2014
Decision Date: 12-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC527

A.S. BOPANNA*, HIMA KOHLI Central Civil Services (Classification, Control and Appeal) Rules, 1965 – r. 11(IX), r. 14(2) – Central Civil Services (Conduct) Rules, 1964 – r. 3C – Allegation of sexual harassment at work place – Defying the principles of natural justice – by the respondent no.2-Goa University – Appellant was accused of sexual harassment by several girl students – Appellant was served with notice to explain charges levelled against him – Inquiry proceedings took place thereafter, in the month of May 2009, when 12 hearings, most
SHIVSHANKARA & ANRversusH.P. VEDAVYASA CHAR
Case No.: CIVIL APPEAL No. 10215/2011
Decision Date: 29-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC318

BHUSHAN RAMKRISHNA GAVAI*, C.T. RAVIKUMAR Abatement: Abatement of suit – Non-joinder of necessary parties – Non-impleadment of all other legal heirs of deceased defendant – Effect of – Held: In the event of death of one of the defendants, when the estate/interest was being fully and substantially represented in the and when they are also his legal representatives, by reason of non-impleadment of all other legal heirs consequential to the death of the said defendant, the suit would not abate – Such suit not bad for non-joinder of necessary parties of all his legal heirs/representatives. Amendment:
VICTORY IRON WORKS LTD.versusJITENDRA LOHIA & ANR
Case No.: CIVIL APPEAL No. 1743/2021
Decision Date: 14-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC230

English हिन्दी - Hindiਪੰਜਾਬੀ - Punjabi 




 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.
						 VICTORY IRON WORKS LTD. versus JITENDRA LOHIA & ANR - [2023] 7 S.C.R. 10212023 INSC 230 V. RAMASUBRAMANIAN, PANKAJ MITHAL Insolvency and Bankruptcy Code, 2016 – s.25(2)(a) – IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 30 – Corporate Debtor and one ‘EP’ (appellant in CA No.1782 of 2021) entered into an MoU – Corporate Debtor of the share capital in ‘EP’ and a Joint Development Agreement with it in respect of the property – Actual physical possession of the property was also handed over to the Corporate Debtor which factum was confirmed in two subsequent MoUs – Later, Corporate Debtor also Decision Date : 14-03-2023 | Case No : CIVIL APPEAL No. 1743/2021 | Disposal Nature : Dismissed  | Direction Issue : Appeal partly allowed.   |  Bench : 2 Judges
GOVERNMENT OF NCT OF DELHI & ANR.versusSH. MANISH & ANR
Case No.: CIVIL APPEAL No. 738/2023
Decision Date: 09-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC108

M.R. SHAH*, C.T. RAVIKUMAR Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – High Court, relying upon the decision of Supreme Court in the case of Pune Municipal Corporation, allowed that acquisition proceedings initiated under the Act, 1894 with regard to the land in question is deemed to have lapsed under s.24(2) of Act, 2013 – However, the decision in the case of Pune Municipal Corporation has been specifically overruled by the Constitution Bench decision of
RELIANCE INFRASTRUCTURE LTD.versusSTATE OF GOA
Case No.: CIVIL APPEAL No. 3615/2023
Decision Date: 10-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC514

DINESH MAHESHWARI*, SANJAY KUMAR Arbitration and Conciliation Act, 1996: ss. 34, 37 – Arbitral award – Scope of interference – Held: Arbitral award is not an ordinary adjudicatory order so as to be lightly interfered with by the Courts u/ss. 34 or 37 as if dealing with an appeal or revision against a decision of An award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence – Possibility of interference would arise only if the construction of the arbitrator is
DELHI DEVELOPMENT AUTHORITYversusNEM CHAND SHARMA AND ORS.
Case No.: CIVIL APPEAL No. 395/2023
Decision Date: 20-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC73

M.R. SHAH*, C.T. RAVIKUMAR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Lapse of Acquisition proceedings – Writ petition by the respondent- original writ petitioners seeking declaration that acquisition proceedings pertaining to subject of s.24(2) – High Court allowed the petition solely on the ground that it is not clear as to what compensation was paid and if so, who raised the dispute – On appeal, held: For attracting the provisions of s. 24(2), twin conditions of not taking over of possession and not
RAVIKUMAR DHANSUKHLAL MAHETA & ANR.versusHIGH COURT OF GUJARAT AND ORS.
Case No.: WRIT PETITION (CIVIL) No. 432/2023
Decision Date: 12-05-2023
Disposal: Directions issued
Neutral Citation: 2023INSC532

M.R. SHAH*, C.T. RAVIKUMAR Judiciary: Higher judiciary – District judges – Appointment – Promotion of Senior Civil Judges to the cadre of District Judge – Rules 2005 prescribed 65% posts in the cadre of District Judge to be filled by promotion amongst on the basis of principle of merit cum seniority and passing of a suitability test – Issuance of select list by the High Court for promotion of Senior Civil Judges to the cadre of District Judge (65% quota) – Petitioners not recommended for promotion even though having higher marks
MODI RUBBER LIMITEDversusCONTINENTAL CARBON INDIA LTD.
Case No.: CIVIL APPEAL No. 375/2017
Decision Date: 17-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC246

M.R. SHAH*, SUDHANSHU DHULIA Sick Industrial Companies (Special Provisions) Act, 1985 – ss.18, 19 – Approval of a scheme by the BIFR under the 1985 Act, unsecured creditor if has the option not to accept the scaled down value of its dues – Held: No – Rehabilitation scheme u/s.18 shall bind all the unsecured creditors and the unsecured creditors have to accept the scaled down value of its dues provided under the rehabilitation scheme – To make the company viable, the concerned persons including the unsecured creditors have to sacrifice to some extent otherwise the revival
THE STATE OF KARNATAKAversusM/S ECOM GILL COFFEE TRADING PRIVATE LIMITED
Case No.: CIVIL APPEAL No. 230/2023
Decision Date: 13-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC212

M.R. SHAH*, C.T. RAVIKUMAR Karnataka Value Added Tax Act, 2003 – s.70 Karnataka Value Added Tax Rules, 2005 – rr. 27 and 29 – Burden of proof u/s. 70 – Input Tax Credit – Claim of – Respondents (purchasing dealers) claimed the Input Tax Credit (ITC) on the purchases made from the Assessing Officer, doubted the genuineness of the transactions and the purchases made from the respective dealers and denied the ITC – Findings of Assessing Officer confirmed by the first Appellate Authority – Second Appellate Authority and the High Court have allowed the ITC, by
PANKAJ BANSALversusUNION OF INDIA & ORS.
Case No.: CRIMINAL APPEAL No. 3051/2023
Decision Date: 03-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC866

A.S. BOPANNA*, SANJAY KUMAR HEADNOTES Issue for consideration: Whether the arrest of the appellants u/s. 19 of the Prevention of Money Laundering Act, 2002 was valid; whether there was proper compliance with s.19(1) of the Act of 2002 and as to whether the Vacation Judge/Additional Sessions Judge correctly passing the remand orders; what is the importance of informing the arrested person of the grounds for his/her arrest. Prevention of Money Laundering Act, 2002 – Compliance of s.19 of the Act – Proper or not: Held: The remand order dated 15.06.2023 passed by the Vacation
PEETHAMBARANversusSTATE OF KERALA & ANR.
Case No.: CRIMINAL APPEAL No. 1381/2023
Decision Date: 03-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC481

KRISHNA MURARI*, SANJAY KAROL Code of Criminal Procedure, 1973: s. 482 – Quashing of proceedings – Non-exercise of power u/s. 482 – Justification of – Appellant charged u/s. 420 along with the other accused persons for cheating the de-facto complainant and other persons for certain sum jobs – Registration of FIR – Final report that as no proper evidence, case should be considered as a false case – Another final report filed which stated that Inspector of Police conducted further investigation as per order passed by District Police Chief – Petition
SUNILversusSTATE OF NCT OF DELHI
Case No.: CRIMINAL APPEAL No. 688/2011
Decision Date: 21-09-2023
Disposal: Disposed off
Neutral Citation: 2023INSC840

HRISHIKESH ROY*, MANOJ MISRA HEADNOTES Issues for consideration: (i) Whether based on the evidence led, the appellants could be convicted for the off ence of murder of the two deceased with the aid of s.34 IPC or only for the off ence punishable u/s. 307 IPC r/w. s. 34 IPC; (ii) Whether, on account of not putting the to the appellants while recording their statements u/s. 313 Cr.PC, appellants’ conviction with the aid of s.34 of the IPC stood vitiated. Penal Code, 1860 – Prosecution case that there was an altercation between two families – The main accused went to his house on Street
CHANDRA PRATAP SINGHversusSTATE OF M.P
Case No.: CRIMINAL APPEAL No. 1209/2011
Decision Date: 09-10-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC887

ABHAY S. OKA*, PANKAJ MITHAL HEADNOTES Issue for consideration: Whether the High Court was justifi ed in altering the charge u/s. 302 read with ss. 148 and/or 149 to a charge u/s. 302/34 IPC, and convicting and sentencing the appellant for the off ence punishable u/s 302/34 and u/s. 201 IPC. Penal Code, 1860 – ss. 302 Murder – Common intention – Causing disappearance of evidence of off ence, or giving false information to screen off ender – Conviction of accused persons for the off ence punishable u/s. 302 rw ss. 148 and 149 and s. 201 and sentenced accordingly, for committing triple