Hibbaan/DIVYADRISHTI huggingface dataset:
ASHWINI KUMAR UPADHYAY ETCversusUNION OF INDIA AND OTHERS
Case No.: TRANSFER PETITION (CIVIL) No. 1249/2020
Decision Date: 13-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC35

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.
						 ASHWINI KUMAR UPADHYAY ETC versus UNION OF INDIA AND OTHERS - [2023] 3 S.C.R. 10142023 INSC 35 D.Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA COURT REPORTS [2023] 3 S.C.R. [2023] 3 S.C.R. 1014 1014 ASHWINI KUMAR UPADHYAY ETC. v. UNION OF INDIA AND OTHERS Transfer Petition (Civil) Nos 1249-1250 Of 2020 JANUARY13, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND PAMIDIGHANTAM SRI NARASIMHA, J.] Transfer Petition – Matters pertaining to Court. CIVIL ORIGINAL JURISDICTION : Transfer Petition (Civil) Nos.1249-1250 of 2020. Transfer Petition Under Article 139A (1) of the Constitution read with Order XLI of the Supreme Court Rules 2013, Seeking Transfer of Writ Petition (Civil) No.8905 of 2019 pending in the Delhi High Court and
PULEN PHUKAN & ORS.versusTHE STATE OF ASSAM
Case No.: CRIMINAL APPEAL No. 906/2016
Decision Date: 28-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC305

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH, SANJAY KAROL Penal Code, 1860 : ss. 302, 326, 147, 148, 149, 447 and 34 – Murder – Unlawful Assembly – Complainant-PW 1’s case that 13 persons entered her house and caused grievous injury to her brother-in-law PW 2 and three of them assaulted the weapons resulting in his death – Trial conducted against 11 of them – Courts below convicted them u/s. 147/148/ 447/323/302/149 and sentenced them to imprisonment for life u/ss. 302/149 along with other punishment for the charged offences – On appeal, held: Prosecution is not to
M/S. LISIE MEDICAL INSTITUTIONSversusTHE STATE OF KERALA AND ORS.
Case No.: CIVIL APPEAL No. 6799/2017
Decision Date: 09-02-2023
Disposal: Reference answered
Neutral Citation: 2023INSC720

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Kerala Building Tax Act, 1975 – s.3(1) – Interpretation of the provision for exemptions contained in s.3(1) – The two judge Bench in Lisie Medical Institutions v. State of Kerala has doubted the correctness contained in an earlier decision of two Judges in SH Medical Centre Hospital vs State of Kerala – While construing the provisions of s.3(1)(b) of the Kerala Building Tax Act 1975, the two Judge Bench in SH Medical Centre Hospital, has incorporated the observations which suggests that
M P HIGH COURT BAR ASSOCIATIONversusUNION OF INDIA & ORS
Case No.: WRIT PETITION (CIVIL) No. 155/2023
Decision Date: 29-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC321

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Debt Recovery Tribunals and Debt Recovery Appellate Tribunals Electronic filing Rules, 2020 – e-filing of pleadings – Department of Financial Services introduced e-filing Rules in 2020, where e-filing was made optional – dt. 22.07.2021, e-filing was made compulsory where the pecuniary value of the subject matter in dispute was in excess of Rs 100 crores – On 31.01.2023, e-filing was made mandatory in all cases irrespective of the value of the subject matter – Appellant filed writ petition
ABHISHEK SHARMAversusSTATE (GOVT. OF NCT OF DELHI)
Case No.: CRIMINAL APPEAL No. 1473/2011
Decision Date: 18-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC924

ABHAY S. OKA*, SANJAY KAROL HEADNOTES Issue for consideration: The victim-deceased gave four dying declarations. High Court confi rmed the appellant’s conviction and sentence of life imprisonment u/s. 302 IPC as awarded by the trial Court. Penal Code, 1860 – s. 302 – Evidence Act, 1872 – Multiple Prosecution case that appellant and victim had a quarrel, as the victim had aff ection for their boss and not for appellant – Appellant took victim to an open site near a school and in the midst of an argument, set her on fi re – Victim died – Victim had given four dying
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC) & OTHERSversusM/S HONEYWELL INTERNATIONAL (INDIA) PVT. LTD.
Case No.: CIVIL APPEAL No. 2052/2023
Decision Date: 11-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC353

M.R. SHAH*, C.T. RAVIKUMAR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – In first category of cases, the acquisition proceedings were challenged under the to the 2013 Act came into force – Amendment applications were filed for the relief of deemed lapse of acquisition u/s.24(2), 2013 Act – However, the High Court without deciding the writ petitions on merits, allowed the same – In the second category of cases, the only relief
INDIRA DEVIversusVEENA GUPTA & ORS.
Case No.: CIVIL APPEAL No. 9833/2014
Decision Date: 04-07-2023
Disposal: Dismissed
Neutral Citation: 2023INSC593

ABHAY S. OKA*, RAJESH BINDAL Deeds and Documents – Sale deed – Whether the vendor can assign the right contained in a sale deed to get the property registered back or the right being personal cannot be assigned – Held: No implied prohibition of transfer or assignment can be inferred in a document – deed will not be personal to the vendor unless the terms in the documents specifically state so – Such a right can always be assigned and the contract containing such condition shall be enforceable – The only exception being that such a right should not be personal in nature –
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED & ORS.versusSRI. B. G. MANAMOHANA PRIYANKA & ORS.
Case No.: CIVIL APPEAL No. 2702/2023
Decision Date: 28-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC456

M.R. SHAH*, C.T. RAVIKUMAR Service Law – Pay revision – Entitlement to – Held: On conjoint reading of D.O./orders dated 27.09.2006 and 02.06.2008, all those employees subject to fulfilment of the conditions mentioned in D.O./order dated 02.06.2008 shall additional 2% in addition to the existing pay, irrespective of whether as on 01.04.2003 they were in service or not – Thus, the case on behalf of the appellants that since the respondents-Assistant Executive Engineers (Electrical) were not appointed as on 01.04.2003 and they were appointed
YASHODHAN SINGH & ORS.versusTHE STATE OF UTTAR PRADESH & ANR.
Case No.: CRIMINAL APPEAL No. 2186/2023
Decision Date: 18-07-2023
Disposal: Dismissed
Neutral Citation: 2023INSC652

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.
						 YASHODHAN SINGH & ORS. versus THE STATE OF UTTAR PRADESH & ANR. - [2023] 10 S.C.R. 11962023 INSC 652 B.V. NAGARATHNA, UJJAL BHUYAN Code of Criminal Procedure, 1973 – s.319 – Principle of hearing a person who is summoned u/s. 319 Cr.P.C. – Applicability of – Respondent no.2-complainant got an FIR registered u/ss. 147, 148, 149, 302, 452, 307, 504 of IPC – A charge-sheet was filed persons but the names of appellants were not mentioned in it as their role was under investigation – Respondent no.2 filed application u/s. 319 Cr.P.C. to summon appellants – Trial Court summoned appellants to join trial – High Court affirmed the order passed by the trial Court
GMR WARORA ENERGY LIMITEDversusCENTRAL ELECTRICITY REGULATORY COMMISSION (CERC) & ORS.
Case No.: CIVIL APPEAL No. 11095/2018
Decision Date: 20-04-2023
Disposal: Dismissed
Neutral Citation: 2023INSC398

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Electricity – Components to be considered as “Change in Law” events – Held: The term “Law” has been defined in the Power Purchase Agreements – ‘Law’ would mean all laws including Electricity Laws in force in India and any Notification or code, rules, or any interpretation of any of them by an Indian Governmental Instrumentality and having force of law – It shall also include all rules, regulations, decisions and orders of the CERC and the MERC – Thus, all such additional charges which are payable on
S. ATHILAKSHMIversusTHE STATE REP. BY THE DRUGS INSPECTOR
Case No.: CRIMINAL APPEAL No. 804/2023
Decision Date: 15-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC237

KRISHNA MURARI*, SUDHANSHU DHULIA Drugs and Cosmetics Act, 1940 – ss.18(c), 27(b)(ii) – Prosecution of appellant u/s.18(c) punishable u/s.27(b)(ii) – Held: Prohibition u/s.18(c) is on the manufacturing, distribution, stocking or exhibition of medicines for the purposes of sale – In against the appellant was unwarranted – Appellant is a registered medical practitioner along with the fact that the quantity of medicines seized was extremely small, a quantity which can be easily found in the house or a consultation room of a doctor – Considering the small
PEOPLE’S UNION FOR CIVIL LIBERTIES AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.
Case No.: CRIMINAL APPEAL No. 1255/1999
Decision Date: 13-09-2023
Disposal: Directions issued
Neutral Citation: 2023INSC833

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.
						 PEOPLE’S UNION FOR CIVIL LIBERTIES AND ANR. versus THE STATE OF MAHARASHTRA AND ORS.  - [2023] 12 S.C.R. 3702023 INSC 833 D.Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA HEADNOTES Issue for consideration: Matter pertains to the modalities to be followed by the police in conducting media briefi ngs during criminal investigation. Media – Media briefi ngs/reporting by Propriety and procedure: Held: Media reporting in criminal matters involves degree of public interest associated with the fundamental right u/Art. 19(1)(a) – Guidelines for conducting media briefi ngs were prepared by the Union Ministry of Home Aff airs over a decade ago – Since then
K.L. SWAMYversusTHE COMMISSIONER OF INCOME TAX & ANR.
Case No.: CIVIL APPEAL No. 3704/2012
Decision Date: 13-01-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC28

M.R. SHAH*, C.T. RAVIKUMAR Income Tax Act, 1961: ss. 158BC, 158BD, 158 BFA(1) – Block assessment – Undisclosed income of any other person – Levy of interest – Assessee belatedly filed return for block period in response to notice u/s. 158BD by including undisclosed income – Absence of any for period prior to 01.06.1999 – Levy of interest u/s. 158BFA(1) by the assessing officer – Sustainability of – Held: Persons other than searched persons’ liable to pay interest on late filing of the return u/s.158BC even in the absence of notice u/s. 158BC and even for
M/S DARVELL INVESTMENT AND LEASING (INDIA) PVT. LTD. AND OTHERSversusTHE STATE OF WEST BENGAL AND OTHERS
Case No.: CIVIL APPEAL No. 6106/2017
Decision Date: 08-12-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1057

VIKRAM NATH*, RAJESH BINDAL HEADNOTES Issue for consideration: Cancellation of caste certifi cate issued to respondent No.15. The West Bengal Land Reforms Act, 1955 – Caste certifi cate issued in favour of respondent No.15, inter-related with the land – Cancellation of Caste certifi cate: Held: Sale deeds in question were executed by late father of respondent No. 15 – There is nothing produced on record to show that late father of respondent No. 15 was ever issued any certifi cate showing him belonging to Scheduled Tribe
A. SREENIVASA REDDYversusRAKESH SHARMA AND ANR.
Case No.: CRIMINAL APPEAL No. 2339/2023
Decision Date: 08-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC682

BHUSHAN RAMKRISHNA GAVAI*, J.B. PARDIWALA HEADNOTES Issue for consideration: Whether the appellant, an Assistant General Manager of a Nationalised Bank is removable from his offi ce save by or with the sanction of the Government so as to make s.197, CrPC applicable; and if he can be proceeded against for off ences punishable the sanction u/s.19, PC Act, 1988 to prosecute him for the off ences thereunder was declined. Code of Criminal Procedure, 1973 – s.197 – When not attracted: Held: Although a person working in a Nationalised Bank is a public servant, yet the provisions of s.197 would not be
THE STATE OF WEST BENGAL & ORS.versusSUVENDU ADHIKARI & ORS.
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 6283/2023
Decision Date: 24-07-2023
Disposal: Disposed off
Neutral Citation: 2023INSC647

D.Y. CHANDRACHUD*, J.B. PARDIWALA, MANOJ MISRA National Investigating Agency Act, 2008 – s.6(5) – Exercise of Jurisdiction u/s. 6(5) – Six FIRs were registered between 30.03.2023 to 03.04.2023 in relation to different incidents – Acting on a High Court by its order held that the allegations implicate offences punishable under the Explosive Substances Act, and held that the entire investigation should be transferred to the National Investigation Agency with a direction to the Central Government to exercise their power u/s 6(5) Act
YOGESH UPADHYAY AND ANR.versusATLANTA LIMITED
Case No.: TRANSFER PETITION (CRIMINAL) No. 526/2022
Decision Date: 21-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC150

DINESH MAHESHWARI*, SANJAY KUMAR Negotiable Instruments Act, 1881 – ss.138, 142(1) – Code of Criminal Procedure, 1973 – s.406 – Transfer of criminal cases – Power of Supreme Court – Held: Notwithstanding the non-obstante clause in s.142(1), the power of Supreme Court to transfer criminal remains intact in relation to offences u/s.138, if it is found expedient for the ends of justice – In the present case, as the six complaint cases filed by the respondent (four before the Dwarka Courts at New Delhi and two before the Courts at Nagpur, Maharashtra) pertain to the same
GOVT. OF NCT OF DELHIversusSUSHIL KUMAR GUPTA & ORS.
Case No.: CIVIL APPEAL No. 352/2023
Decision Date: 10-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC121

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) – Lapse under – Land acquisition proceedings – Challenge to – Writ proceedings – Relying upon the decision in the case to the land in question was not paid, the High Court allowed the writ petition and declared that acquisition in respect of the land in question is deemed to have lapsed u/s.24(2) – Decision in the case of Pune Municipal Corporation has however been overruled by Constitution Bench in
BIMLA TIWARIversusSTATE OF BIHAR & ORS.
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 834/2023
Decision Date: 16-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC45

English हिन्दी - Hindiਪੰਜਾਬੀ - 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.
						 BIMLA TIWARI versus STATE OF BIHAR & ORS. - [2023] 1 S.C.R. 5012023 INSC 45 DINESH MAHESHWARI, HRISHIKESH ROY Bail – Pre-arrest bail and regular bail – Grant of – Considerations – Held: The process of criminal law cannot be utilised for armtwisting and money recovery, particularly while opposing the prayer for bail – The question as to whether pre- arrest bail, or for that or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations – In a given case, the concession of pre-arrest bail or regular bail could be declined even if the
L.R. PATILversusGULBARGA UNIVERSITY, GULBARGA
Case No.: CIVIL APPEAL No. 3254/2013
Decision Date: 04-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC796

J.K. MAHESHWARI*, K.V. VISWANATHAN HEADNOTES Issues for consideration: Whether the order passed by the Respondent- University pursuant to r.252(b), Karnataka Civil Service Rules, relieving the appellant to accept another appointment ought to be treated as an order accepting resignation; and further on facts, whether on the appellant’s lien on the previous post will be maintained until he is permanently absorbed in the new department in which he is subsequently appointed; and lastly is the appellant entitled to the relief prayed. Service Law – Karnataka Civil Service Rules – r.252(b), r.20,
M/S OM GURUSAI CONSTRUCTION COMPANYversusM/S V.N. REDDY & ORS
Case No.: CIVIL APPEAL No. 5375/2023
Decision Date: 23-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC760

J.K. MAHESHWARI*, K.V. VISWANATHAN HEADNOTES Issue for consideration: Under Clause 2.22.0 (ix) of tender conditions, the appellant was to furnish the additional performance security within a period of two working days and this duration of two days was not to be relaxed under any circumstances, whether to construe clause 2.22.0(ix) the justice of the cause warranted otherwise. Tender – The tendering authority had accepted the additional performance security on 17.03.2021 i.e. after a period of two working days – Propriety: Held: Under Clause 2.22.0 (ix), the appellant was to furnish the additional performance
THE DIRECTORATE OF ENFORCEMENTversusM. GOPAL REDDY & ANR
Case No.: CRIMINAL APPEAL No. 534/2023
Decision Date: 24-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC163

M.R. SHAH*, C.T. RAVIKUMAR Prevention of Money Laundering Act, 2002 – s.45 – Applicability of, to applications u/s.438, CrPC – Held: Once the prayer for anticipatory bail is made in connection with offence under the 2002 Act, the underlying principles and rigours of s.45 must get triggered, although CrPC – In the present case, once the enquiry/investigation against respondent No. 1 was going on for the offence under the 2002 Act, the rigour of s.45 of the 2002 Act would be attracted – Impugned order passed by the High Court holding that the provisions of s.45 shall not be