Hibbaan/DIVYADRISHTI huggingface dataset:
MOTURU NALINI KANTHversusGAINEDI KALIPRASAD (DEAD, THROUGH LRS.)
Case No.: CIVIL APPEAL No. 2435/2010
Decision Date: 20-11-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1004

C.T. RAVIKUMAR*, SANJAY KUMAR HEADNOTES Issue for consideration: Suit fi led by the appellant (then a minor) through his guardian claiming right and title over the properties of late ‘V’, who as per his claim had adopted him, under a registered Will. Trial Court decreed the suit. High Court the appeal fi led by V’s grandson, ‘GK’. Evidence Act, 1872 – ss.68, 69 – Legal requirements to prove a Will – Suit was fi led by the appellant, through his guardian, for declaration of his title to the suit properties belonging to late ‘V’
COMMON CAUSE (A REGD. SOCIETY)versusUNION OF INDIA
Case No.: MISCELLANEOUS APPLICATION No. 1699/2019
Decision Date: 24-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC77

K.M. JOSEPH*, AJAY RASTOGI, ANIRUDDHA BOSE, HRISHIKESH ROY, C.T. RAVIKUMAR Constitution of India – Right of the person to die with dignity – Advanced directives – Application seeking clarification of the judgment in Common Cause (A Registered Society) v. Union of India (2018) 6 SCR 1 – In the said writ petition, the Court was concerned with the question as to whether even in the absence of Advance Directives, when a person is faced with a medical condition with no hope of recovery and is continued on life support system/medicines, support system should be
KONKAN RAILWAY CORPORATION LIMITEDversusCHENAB BRIDGE PROJECT UNDERTAKING
Case No.: CIVIL APPEAL No. 2903/2023
Decision Date: 17-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC742

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA HEADNOTES Issue for consideration : In the instant appeal, the legality of the order passed by the Division Bench of the High Court in an appeal u/s. 37 of the Arbitration and Conciliation Act, 1996 by which of the arbitral tribunal and that of the Single Judge of the High Court u/s. 34 of the Act rejecting all claims were set aside and certain claims were allowed, is challenged. Arbitration and Conciliation Act, 1996 – ss. 34 and 37 – Arbitral award – Concurrent interpretations
OFFICIAL LIQUIDATORversusUJJAIN NAGAR PALIKA NIGAM & ORS
Case No.: CIVIL APPEAL No. 8015/2010
Decision Date: 04-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC489

DINESH MAHESHWARI*, ANIRUDDHA BOSE Companies (Court) Rules, 1959 – r.338 – Madhya Pradesh Municipal Corporation Act, 1956 – s.185 – Post-liquidation liability, if Official Liquidator (OL) was obliged to discharge – Whether the claims made by the respondent No.1-Nigam towards arrears of property of the company in liquidation, pertaining to the post-liquidation period (from the date of order of winding up and until the date of confirmation of sale of assets to the auction purchaser), if admissible against the appellant-OL – Held: Yes – In the present case, as per the terms
TARUN KUMARversusASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT
Case No.: CRIMINAL APPEAL No. 3593/2023
Decision Date: 20-11-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1006

ANIRUDDHA BOSE*, BELA M. TRIVEDI HEADNOTES Issue for consideration: Appellant was arrested on the fourth supplementary complaint fi led u/ss.44, 45, Prevention of Money Laundering Act, 2002, in continuation of three complaints in the Complaint Case, for the commission of the off ence of whether justifi ed in dismissing the bail application of the appellant seeking bail in connection with the said Complaint Case bearing ECIR No. arising out of the FIR registered for off ence u/s.13(2) r/w 13(1)(d), Prevention of Corruption Act, 1988 and u/s.120B r/w ss.420, 465, 467, 468, 471,
M/S VISTRA ITCL (INDIA) LTD & ORS.versusMR. DINKAR VENKATASUBRAMANIAN & ANR.
Case No.: CIVIL APPEAL No. 3606/2020
Decision Date: 04-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC500

M.R. SHAH*, SANJIV KHANNA Insolvency and Bankruptcy Code, 2016: ss. 30, 52 and 53 – Claim of the appellant as financial creditor of the corporate debtor on basis of the pledged shares – Entitlement to – On facts, corporate debtor approached the appellants term loan facility to its group companies for the ultimate end use of the corporate debtor – It was an understanding that the corporate debtor would create first ranking exclusive security by way of pledging shares held by the corporate debtor – Execution of Security Trustee
SECUNDRABAD CLUB ETC.versusC.I.T.-V ETC.
Case No.: CIVIL APPEAL No. 5195/2012
Decision Date: 17-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC736

B.V. NAGARATHNA*, PRASHANT KUMAR MISHRA HEADNOTES Issues for consideration: Whether the deposit of surplus funds by the assessee Clubs by way of bank deposits in various banks is liable to be taxed in the hands of the Clubs or, whether, the principle of mutuality would apply and the interest earned from the deposits to tax under the provisions of the Income Tax Act, 1961; and whether the judgment of this Court in *Bangalore Club’s case would call for reconsideration in light of the order of this Court in **Cawnpore Club’s case. Income Tax Act, 1961 – s. 2(24) – Deposit of surplus
ATULBHAI VITHALBHAI BHANDERIversusSTATE OF GUJARAT
Case No.: CRIMINAL APPEAL No. 1390/2023
Decision Date: 04-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC496

AJAY RASTOGI*, AHSANUDDIN AMANULLAH Bail : Grant of – Appellant involved in intimidating and threatening the victim in connivance with the main accused no.1 running an organised crime syndicate for extorting money and land- grabbing by threatening people – 59 cases registered against the accused no.1 – FIR for offence punishable under the 2015 Act and the Penal Code – Bail application by the appellant during pendency of the trial – Dismissed by the High Court – On appeal, held: Discretion must be exercised judiciously – Keeping in view the appellant’s alleged role,
NEW INDIA ASSURANCE CO. LTD. & ORSversusM/S. MUDIT ROADWAYS
Case No.: CIVIL APPEAL No. 339/2023
Decision Date: 24-11-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1022

HRISHIKESH ROY*, SANJAY KAROL HEADNOTES Issue for consideration: Whether the National Commission was justifi ed in allowing the fi re insurance claim of the insured against the insurance company. Consumer Protection Act, 1986 – Fire insurance claim – Repudiation of – Fire broke out at a Insured having paid for coverage against fi re and safeguarding the custom bonded goods – Survey and investigations reports – Majority suggesting electric short circuit as the cause and two reports suggesting sparks from rooftop welding work – Repudiation of claim by the
KANIMOZHI KARUNANIDHIversusA. SANTHANA KUMAR & ORS
Case No.: CIVIL APPEAL No. 3411/2023
Decision Date: 04-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC499

AJAY RASTOGI*, BELA M. TRIVEDI Representation of the People’s Act, 1951 – s.83(1)(a) – Non- compliance of – Consequences of – Held: s.83(1)(a) mandates that an Election petition shall contain a concise statement of material facts on which the petitioner relies – If material in an Election petition, the same is liable to be dismissed on that ground alone, as the case would be covered by Clause (a) of r.11 of Or.7 of the CPC – Code of Civil Procedure, 1908 – Or.7, r.11(a). Representation of the People’s Act, 1951 – ss.100(1)(d)(iv), 83(i)(a)
TALAT SANVIversusSTATE OF JHARKHAND & ANR.
Case No.: CRIMINAL APPEAL No. 205/2023
Decision Date: 24-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC80

SANJAY KISHAN KAUL*, ABHAY S. OKA Victim compensation: Interim victim compensation in proceedings for anticipatory bail cannot be imposed as a condition for the same – Question of interim victim compensation cannot form part of the bail jurisprudence – Bail – Code of Criminal Procedure, 1973 – s. 357. 357 of the Code of Criminal Procedure provides for order to pay compensation when a court imposes a sentence of fine or a sentence (includinga sentence of death) of which fine forms a part in the circumstances enumerated therein. Sub-section (2) imposes a limitation that when fine is imposed in a
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITEDversusADANI POWER MAHARASHTRA LIMITED & ORS.
Case No.: CIVIL APPEAL No. 684/2021
Decision Date: 03-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC208

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Power – Long-term Power Purchase Agreements (PPAs) – Supply of coal to power producers – Change of New Coal Distributional Policy, 2007 (NCDP, 2007) by New Coal Distributional Policy, 2013 (NCDP 2013) – Claim for ‘Change in Law’ Operating parameters – Held: In the Energy Watchdog case as well as in Adani Rajasthan case, the Supreme Court held that on account of the Change in Law, the generating companies were entitled to compensation so as to restore the party to the same economic position as if such Change in Law
STATE OF RAJASTHAN & ORSversusDR. HAMIR SINGH CHOUHAN (DEAD) BY LRS & ORS.
Case No.: CIVIL APPEAL No. 5392/2017
Decision Date: 28-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC449

M.R. SHAH*, C.T. RAVIKUMAR Rajasthan Service Rules, 1951 – r.18 – Termination of lien – Respondents were initially appointed in the Animal Husbandry Department of the State of Rajasthan – Subsequently, all of them applied for appointment in the Corporation Ltd. and were appointed in the respective Milk Unions under the Dairy Federations – Lien of the respective respondents was terminated w.e.f. the date on which they were absorbed/made permanent in the Dairy Federations – All of them retired as employees of the
RAVASAHEB @ RAVASAHEBGOUDA ETC.versusSTATE OF KARNATAKA
Case No.: CRIMINAL APPEAL No. 1109/2010
Decision Date: 16-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC238

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH, SANJAY KAROL Penal Code, 1860 – s.302 – Victim was murdered – The trial court and the High Court, despite most of the prosecution witnesses turning hostile, found the prosecution case to be established beyond reasonable doubt through the unrefuted testimony of PW-1 and convicted the accused consideration on appeal was, whether eight men can be convicted based on the testimony of a solitary witness, who was the only eyewitness to the crime – Held: Presence of the accused on the spot is not disputed by anyone – Witness, despite being cross-examined extensively, is
COMMISSIONER OF INCOME TAX 8 MUMBAIversusGLOWSHINE BUILDERS & DEVELOPERS PVT. LTD
Case No.: CIVIL APPEAL No. 2565/2022
Decision Date: 04-05-2023
Disposal: Unknown
Neutral Citation: 2023INSC492

M.R. SHAH*, B.V. NAGARATHNA Income Tax Act, 1961 – s.142, 143 – Non-disclosure of amount – Dispute related to the Assessment year (AY) 2009-10 i.e. Financial Year (FY) 2008-09 – Assessee entered into an agreement whereby development rights in a property were sold at a AO noticed that the aforesaid amount was not disclosed by assessee while filing the return of income – Explanation sought from assessee – In response, the assessee stated that the aforesaid transaction was duly offered to tax in AY 2008--09 reflecting a consideration of Rs. Decision Date : 04-05-2023 | Case No : CIVIL APPEAL No. 2565/2022  | Direction Issue : Appeal partly allowed.   |  Bench : 2 Judges
SHRI NASHIK PANCHAVATI PANJARPOL TRUST AND ORS.versusTHE CHAIRMAN AND ANR.
Case No.: CIVIL APPEAL No. 2857/2011
Decision Date: 22-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC750

BELA M. TRIVEDI*, DIPANKAR DATTA HEADNOTES Issue for consideration: Award was passed by the Reference Court determining the amount of additional compensation to be paid to the appellant-trust. High Court whether justifi ed in setting aside the award and remanding the matter to decide as to made was within the limitation as per s.18, Land Acquisition Act, 1894 and decide the Reference afresh. Land Acquisition Act, 1894—s.18–Application made by the appelant-trust seeking reference, if was beyond the period of limitation prescribed u/s. 18 or not in consonance with the
NUTAN KUMARIversusB.R.A. BIHAR UNIVERSITY AND OTHERS
Case No.: CIVIL APPEAL No. 6232/2013
Decision Date: 12-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC966

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						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. 
						 
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						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.
						 NUTAN KUMARI  versus B.R.A. BIHAR UNIVERSITY AND OTHERS  - [2023] 14 S.C.R. 6992023 INSC 966 HIMA KOHLI, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: Whether the Division Bench of the High Court was justifi ed in allowing the appeals fi led by the Physical Training Instructors-PTIs in four diff erent colleges under the University and quashing the order of termination of services of by the Single Judge of the High Court. Service law – Selection process adopted by the Selection Committee – Challenged to – Invitation of applications by the University for appointment of Physical Training Instructors-PTIs in four of its constituent colleges – Applications
CENTRAL BUREAU OF INVESTIGATIONversusSHYAM BIHARI & OTHERS
Case No.: CRIMINAL APPEAL No. 413/2013
Decision Date: 17-07-2023
Disposal: Dismissed
Neutral Citation: 2023INSC623

B.V. NAGARATHNA*, MANOJ MISRA COURT REPORTS [2023] 10 S.C.R. 464 CENTRAL BUREAU OF INVESTIGATION v. SHYAM BIHARI & OTHERS (Criminal Appeal No. 413 of 2013) JULY 17, 2023 [B. V. NAGARATHNA AND MANOJ MISRA, JJ. ] Penal Code,1860 – ss. 302 and 34 – Murder case – Acquittal of three policeman – with weapons – Policemen fired at them, hitting the victim who succumbed to the injuries and the prosecution witnesses managed to escape – Policemen charged of murder while patrolling u/s. 302/34 – However, acquittal by the trial court – Appeal thereagainst, u/s. 378(3)
H. D. SUNDARA & ORS.versusSTATE OF KARNATAKA
Case No.: CRIMINAL APPEAL No. 247/2011
Decision Date: 26-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC858

ABHAY S. OKA*, SANJAY KAROL HEADNOTES Issue for consideration: The question which arose for consideration was whether the High Court was justifi ed in setting aside the order of acquittal passed by the trial court. Code of Criminal Procedure, 1973 – s. 378 – Appeal against acquittal – Matter pertaining to accused and the family of complainant – Accused assaulted the complainant and his family – Acquittal of all the accused by the trial court, however conviction for the off ences punishable u/s. 304 Part I and s. 324/149 IPC by the High Court – Correctness: Held: No fi ndings
M/S TATA MOTORS LTD.versusTHE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (SPL) & ANR.
Case No.: CIVIL APPEAL No. 1822/2007
Decision Date: 15-05-2023
Disposal: Reference answered
Neutral Citation: 2023INSC533

K.M. JOSEPH*, B.V. NAGARATHNA, AHSANUDDIN AMANULLAH Sales Tax – Credit Note – Warranty Agreement – Whether, a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part in the automobile sold pursuant to being collateral to the sale of the automobile is exigible to sales tax under the sales tax enactments of the respective States – Observations made by Supreme Court in Mohd. Ekram Khan case wherein three other judgments of the Delhi High Court, Madhya Pradesh High Court and Kerala High
M/S. GREATER ASHOKA AND LAND DEVELOPMENT COMPANYversusKANTI PRASAD JAIN (D) THROUGH LRS.
Case No.: CIVIL APPEAL No. 7990/2023
Decision Date: 06-12-2023
Disposal: Disposed off
Neutral Citation: 2023INSC1055

VIKRAM NATH*, RAJESH BINDAL HEADNOTES Issue for consideration: Whether in a matter pertaining to specifi c performance of the contract for allotment of plot, the refund of earnest money after a period of sixty years was reasonable. Specifi c performance – Contract for allotment Suit for specifi c performance of the contract – Decreed by the trial court directing execution of sale deed – However, set aside by the lower appellate court, directing refund of earnest money with interest – High Court set aside the said order passed by the lower appellate
BHASKER & ANR.versusAYODHYA JEWELLERS
Case No.: CIVIL APPEAL No. 3844/2023
Decision Date: 10-05-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC730

ABHAY S. OKA*, RAJESH BINDAL Code of Civil Procedure, 1908 – Or. XXI, rr. 92, 94, 95 – Limitation Act, 1963 – Art. 134 – What is the starting point of limitation for filing an application under Rule 95 of Order XXI of the Code of Civil Procedure, 1908 – Held: On a conjoint reading of sub-rule (1) CPC, it is apparent that the order of confirmation of sale under sub-rule (1) of Rule 92 of Order XXI culminates into a grant of a sale certificate under Rule 94 of Order XXI – The date of sale to be incorporated in the sale certificate is the date of passing of the order of sale
MUMTAZ YARUD DOWLA WAKFversusM/S BADAM BALAKRISHNA HOTEL PVT. LTD. & ORS.
Case No.: CIVIL APPEAL No. 6933/2023
Decision Date: 20-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC949

M.M. SUNDRESH*, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Objection raised by the respondents that the suit fi led by the appellant as decreed, ought not to have been entertained by the Wakf Tribunal, was dismissed by the Executing Court. High Court, whether justifi ed in of the Executing Court by placing reliance upon the decision of the Supreme Court in Ramesh Gobindram case, the basis whereof has been removed after the amendment made by the Act 27 of 2013, as held in Rashid Wali Beg case. The Wakf (Amendment) Act, 2013 (Amendment Act 27 of 2013 ) – Eff
TEESTA ATUL SETALVADversusSTATE OF GUJARAT
Case No.: CRIMINAL APPEAL No. 2022/2023
Decision Date: 19-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC637

BHUSHAN RAMKRISHNA GAVAI*, A.S. BOPANNA, DIPANKAR DATTA Bail– Appellant was on interim bail on account of order dtd. 02.09.2022 passed by Supreme Court – By the impugned order, High Court rejected the bail application filed by the appellant and directed the appellant to surrender immediately – Legality of – Held: There was no immediately when she was enjoying the interim protection under the orders of Supreme Court – The considerations which were available when the order dtd.02.09.2022 was passed are still available even at this stage – Most of the evidence in the present case are documentary evidence
GOVT. OF NCT OF DELHI & ANR.versusBHAGRATI & ANR
Case No.: CIVIL APPEAL No. 279/2023
Decision Date: 13-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC38

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 respondent-original writ petitioners, seeking declaration that acquisition proceedings pertaining of s.24(2) – High Court allowed the writ petition – Sustainability of – Held: Not sustainable – Title with respect to the land in question in favour of the original writ petitioner was yet to be established – Original petitioner was not the recorded owner –
ROYDEN HAROLD BUTHELLO & ANR.versusSTATE OF CHHATTISGARH & ORS.
Case No.: CRIMINAL APPEAL No. 634/2023
Decision Date: 28-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC180

A.S. BOPANNA*, AHSANUDDIN AMANULLAH Criminal Law – Investigation by CBI – When cannot be directed – Appellant no.1 accused of indulging in sale of psychotropic NDPS substance – It is the case of the appellant no.1 that while he was travelling with regard to illegally abducted, detained and a case under NDPS was foisted on him – Appellant no.1 and his father-appellant no.2 filed writ petition before High Court inter alia seeking direction to transfer the investigation to the CBI, which was declined – Revision petition filed by the
MS. XversusTHE STATE OF MAHARASHTRA AND ANOTHER
Case No.: CRIMINAL APPEAL No. 822/2023
Decision Date: 17-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC252

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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.
						 MS. X versus THE STATE OF MAHARASHTRA AND ANOTHER - [2023] 2 S.C.R. 11122023 INSC 252 A.S. BOPANNA, HIMA KOHLI Code of Criminal Procedure, 1973 – ss. 437,438 and 439 – Penal Code, 1860 – ss. 354,354-B, 376 and 506 – Anticipatory bail – Cancellation of – A complaint filed by the appellant- prosecutrix, against the respondent No.2-accused, who lured her under the garb of assignments, raped her in a hotel room where she was staying – Initially, the FIR was registered u/ss. 354, 354-B and 506 of the IPC, and later, on the supplementary statement of the appellant being recorded, the offence u/s.376 was added to the FIR – The High Court granted