Hibbaan/DIVYADRISHTI huggingface dataset:
GURUDEEP SINGHversusREGONDA SRINIVAS & ORS.
Case No.: CIVIL APPEAL No. 128/2023
Decision Date: 04-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC617

B.V. NAGARATHNA*, PRASHANT KUMAR MISHRA Contempt of Court – Lands were acquired by NTPC and compensation was awarded – Land oustees were proposed to be recruited by the NTPC as Junior Mazdoor – Pursuant thereto, Notification No.1 of 2017 issued – High Court directed NTPC to conclude the entire process of i.e. 17.12.2021 – However, a fresh Notification No.1 of 2022 was issued and Notification No.1 of 2017 was cancelled – Contempt case filed – High Court held that the appellants-chairman & managing director and General Manager of NTPC violated the orders of the Court by
P. V. NIDHISH & ORS.versusKERALA STATE WAKF BOARD & ANR.
Case No.: CRIMINAL APPEAL No. 309/2023
Decision Date: 28-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC452

S. RAVINDRA BHAT*, DIPANKAR DATTA Wakf Act, 1995 – s.52A added by 2013 amendment – Penal provision – Operation of, if retrospective – Held: No – Giving effect to a penal statute so as to cover past acts is a proscribed action in law – Therefore, s.52A cannot cover cases where leases of wakf or lessee was in physical possession and facing civil proceedings for eviction at the time the amendment of 2013 came into force – Interpretation of Statutes. Wakf Act, 1995 – s.3(ee) added by 2013 amendment – “Encroacher” – Interpretation – Appellants
DELHI DEVELOPMENT AUTHORITYversusANITA SINGH & ORS.
Case No.: CIVIL APPEAL No. 2994/2023
Decision Date: 01-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC473

ABHAY S. OKA*, RAJESH BINDAL Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Land Acquisition Act, 1894 – ss. 4, 6, 11, 30, 31 – Respondent no.1 purchased a land – The said land was subject matter of acquisition – award was announced – Writ petition was filed invoking s.24(2) of the 2013 Act claiming that neither the compensation has been paid to the Respondent no.1 nor the possession of the land had been taken by the acquiring authority, hence, the acquisition lapsed – Land Acquisition
DEBASISH PAUL & ANR.versusAMAL BORAL
Case No.: CIVIL APPEAL No. 6565/2023
Decision Date: 18-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC925

SANJAY KISHAN KAUL*, SUDHANSHU DHULIA HEADNOTES Issue for consideration: Whether the High Court was justifi ed in directing the trial court to dispose of the application fi led by the tenant u/s. 5 of the Limitation Act, 1963, when the trial court had already rejected the application fi led by the tenant u/s.7(1) and (2) of Premises Tenancy Act, 1997 for protection against eviction, on the ground of delay of 10 months. Limitation Act, 1963 – s. 5 – Applicability of, to proceedings and appeals under the West Bengal Premises Tenancy Act, 1997 – Tenant, if entitled to take recourse to s. 5, when his
INDRA BAIversusORIENTAL INSURANCE COMPANY LTD. & ANOTHER
Case No.: CIVIL APPEAL No. 4492/2023
Decision Date: 17-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC624

J.B. PARDIWALA*, MANOJ MISRA Employee’s Compensation Act, 1923 – s.2 and s.4 – Total disablement – Functional Disability – Appellant-employee was employed as a loading and unloading labourer with R-2-company for truck insured with R-1 – While loading poles in a truck, the appellant suffered on the left arm – There was no grip left in her left hand – Workmen’s Compensation Commissioner upon consideration of the evidence on record found the appellant rendered permanently unfit to do labour work, which she was doing at the time of the accident and awarded total
PUNJAB & SIND BANKversusTHE STATE OF PUNJAB & ANR.
Case No.: CIVIL APPEAL No. 6751/2023
Decision Date: 07-12-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1079

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						 PUNJAB & SIND BANK versus THE STATE OF PUNJAB & ANR. - [2023] 15 S.C.R. 9032023 INSC 1079 ANIRUDDHA BOSE, SUDHANSHU DHULIA, AUGUSTINE GEORGE MASIH HEADNOTES Issue for consideration: High Court whether justifi ed in sustaining the State’s claim of priority in respect of dues under the Punjab Value Added Tax Act, 2005 of the Respondent no.2 (defaulting borrower), superseding the bank’s claim based on over its immovable property. Punjab Value Added Tax Act, 2005 – s.35 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s.35 – Implication – Claim of primacy over the assets of the defaulting borrower – Bank
SMT. SASIKALA DEVI. PversusTHE STATE OF KERALA AND ANR.
Case No.: CIVIL APPEAL No. 8716/2012
Decision Date: 28-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC447

ABHAY S. OKA*, RAJESH BINDAL Service Law: Pay fixation – Inter-University transfer – Fixation of pay of the employee on the promotional post in the transferee University – Entitlement to benefits of promotion – Employee appointed as Assistant Grade-II in the University of Calicut and promoted as and was promoted there – Thereafter, employee applied for inter-university transfer to Kerela University and was placed as the junior-most Assistant in the entry cadre of Assistant Grade -II, the post to which she was appointed in the University of Calicut – Subsequently, the
STATE OF GUJARAT AND ANR.versusM/S. SAW PIPES LTD.
Case No.: CIVIL APPEAL No. 3481/2022
Decision Date: 17-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC376

M.R. SHAH*, B.V. NAGARATHNA Gujarat Sales Tax Act, 1969 – s. 55A, 45, and 47 – Respondent-assessee was engaged in business of executing indivisible works of undertaking contract of coal tar and enamel coating on pipes – Respondent deposited tax at rate of 2%, however, the Assessing Officer (AO) held that of 2% as deposited but it fell under residuary entry-8 to the notification dated 18.10.1993 – Demand of difference in tax as well as the levy of interest u/s.47(4A) and penalty u/s. 45(6) of the Act, 1969 was made – By the impugned judgment and order, the High Court has set aside the
JOSEPH SHINEversusUNION OF INDIA
Case No.: MISCELLANEOUS APPLICATION No. 2204/2020
Decision Date: 31-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC87

K.M. JOSEPH*, AJAY RASTOGI, ANIRUDDHA BOSE, HRISHIKESH ROY, C.T. RAVIKUMAR Judgments/Orders – Clarification of – Army Act, 1950 – ss. 45, 63 – Air Force Act, 1950 – ss.45, 65 – Navy Act, 1957 – ss.54(2), 74 – Union of India (UOI) sought clarification of the judgment of Supreme Court in Joseph Shine v. Union as [2018] 11 SCR 765 – Held: In Joseph Shine case, the scheme of the Acts in the context of Article 33 of the Constitution did not fall for the consideration – Said judgment was not concerned with the effect and operation of the relevant provisions of the Acts in question –
UNION OF INDIA AND ORS.versusCOSMO FILMS LIMITED
Case No.: CIVIL APPEAL No. 290/2023
Decision Date: 28-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC463

S. RAVINDRA BHAT*, DIPANKAR DATTA Foreign Trade (Development & Regulation) Act, 1992 – Foreign Trade Policy of 2015-2020 (FTP) – Handbook of Procedures 2015-2020 (HBP) – Notification No.18/2015-Customs exempted payment of basic customs duty, additional duty (countervailing duty, special additional duty), inputs imported against a valid Advance Authorization (AA) – GST regime was introduced w.e.f 01.07.2017 – However, no corresponding amendment was made to the aforesaid Notification w.r.t IGST and compensation cess – Notification No.79/2017- Customs amended the aforesaid
ROHAN DHUNGAT ETC.versusTHE STATE OF GOA & ORS. ETC.
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 12574/2022
Decision Date: 05-01-2023
Disposal: Dismissed
Neutral Citation: 2023INSC16

M.R. SHAH*, C.T. RAVIKUMAR Goa Prisons Rules, 2006 – r. 335 – Whether the period of parole is to be excluded from the period of sentence under Rules of 2006 while considering 14 years of actual imprisonment for the purpose of premature release – Held: r. 335 of the Rules, 2006 provides that the period and Parole shall be counted as remission of sentence – Once the period of parole is to be counted as remission of sentence, the period of parole is also required to be excluded from the period of sentence while considering 14 years of actual imprisonment. Parole – Object and
CBIversusR.R. KISHORE
Case No.: CRIMINAL APPEAL No. 377/2007
Decision Date: 11-09-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC817

SANJAY KISHAN KAUL*, SANJIV KHANNA, ABHAY S. OKA, VIKRAM NATH, J.K. MAHESHWARI HEADNOTES Issues for consideration: Section 6A(1) of the Delhi Special Police Establishment Act, 1946 (DSPE Act) required approval of the Central Government to conduct inquiry or investigation into any off ence alleged to have been committed by senior the Prevention of Corruption Act, 1988; and provided a kind of immunity to such offi cers. Whether there could be a deprivation of such immunity by a retrospective operation of a judgment of the Court, in the context of Article 20 of the Constitution of India, was the moot question that arose Decision Date : 11-09-2023 | Case No : CRIMINAL APPEAL No. 377/2007 | Disposal Nature : Matter referred to larger bench  | Direction Issue : Matters be placed before appropriate Bench  |  Bench : 5 Judges
DEVESH SHARMAversusUNION OF INDIA AND ORS.
Case No.: CIVIL APPEAL No. 5068/2023
Decision Date: 11-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC704

ANIRUDDHA BOSE*, SUDHANSHU DHULIA HEADNOTES Issue for consideration : Whether National Council for Teacher Education-NCTE vide notifi cation dated 28.06.2018, was right in including B.Ed. qualifi cation as an equivalent and essential qualifi cation for appointment to the post of primary school teacher (Level-1); and whether justifi ed in quashing the said notifi cation, holding the B.Ed. candidates to be unqualifi ed for the posts of primary school teachers (Level-1). Right to Education Act, 2009 – s. 23(1) – Appointment to the post of primary school teachers – Inclusion of B.Ed as a necessary
UNION OF INDIA & ORS.versusM/S. BHARAT ENTERPRISE
Case No.: CIVIL APPEAL No. 3441/2015
Decision Date: 23-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC277

K.M. JOSEPH*, KRISHNA MURARI, B.V. NAGARATHNA Arbitration and Conciliation Act, 1996 – Arbitrator passed an award allowing claims which were submitted after the submission of the final bill (containing No Claims Certificate) by the Respondent-Contractor – During the arbitration, the appellant filed an application u/s.16 invoking the Contract which interdicted the submission of a new claim after the submission of the final bill – Application rejected – Petition filed by the appellant u/s.34 challenging the award, allowed – Order set aside by High Court in appeal u/s.37 – Held: When a contractor
RAJARAM S/O SRIRAMULU NAIDU (SINCE DECEASED) THROUGH L.RS.versusMARUTHACHALAM (SINCE DECEASED) THROUGH L.RS
Case No.: CRIMINAL APPEAL No. 1978/2013
Decision Date: 18-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC51

BHUSHAN RAMKRISHNA GAVAI*, M.M. SUNDRESH Money Lending – The appellant’s wife subscribed to chit funds (1992 and 1995) with the respondent for which two signed blank cheques were submitted as security – After maturity of the chit funds, appellant and his wife sought amount – However, respondent presented those cheques for encashment without any intimation to appellant – Said cheques were dishonoured as the appellant had closed the account – Respondent filed two complaint cases u/s 138 of NI Act – Both cases were dismissed by
PRITINDER SINGH @ LOVELYversusTHE STATE OF PUNJAB
Case No.: CRIMINAL APPEAL No. 1635/2010
Decision Date: 05-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC614

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL Evidence – Circumstantial evidence – As per the prosecution, two days prior to the date of the incident, a dispute allegedly arose between the deceased-complainant’s brother and their step mother wherein she allegedly threatened the deceased that he would not survive – Two co-accused) came in a car and took the deceased on the pretext of purchasing shoes, when the complainant was also present in the house and allegedly noticed that the step mother was carrying her 12 bore double barrel licensed gun in the car – Later, dead body of the deceased was found
YASHPAL JAINversusSUSHILA DEVI & OTHERS
Case No.: CIVIL APPEAL No. 4296/2023
Decision Date: 20-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC948

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: Whether the impugned order passed quashing the order dated 13.12.2012 rendered in Civil Revision by the High Court whereby the order dated 09.05.2012 passed by trial court allowing the impleadment application fi led by the appellant had been rejected, to aside; whether any further directions require to be issued for concluding the proceedings in a time bound manner on account of the suit pending for trial for past 41 years? Suit – Suit was instituted by the original plaintiff in 1982 to declare the sale deed executed by fi rst defendant in Decision Date : 20-10-2023 | Case No : CIVIL APPEAL No. 4296/2023 | Disposal Nature : Appeal(s) allowed  | Direction Issue : Appeal allowed with directions  |  Bench : 2 Judges
GOVT. OF NCT OF DELHI THROUGH THE SECRETARY, LAND AND BUILDING DEPARTMENT & ANOTHERversusM/S. K.L. RATHI STEELS LIMITED AND OTHERS
Case No.: MISCELLANEOUS APPLICATION No. 414/2023
Decision Date: 17-03-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC259

M.R. SHAH*, B.V. NAGARATHNA* Constitution of India : Art. 137 – Review of judgment or orders by the Supreme Court – Review of the judgments/orders passed by this Court, on basis of the judgment overruled by Maintainability of – On facts, land acquisition matters – Based on *Pune Municipal Corporation’s case on the interpretation of s. 24(2) of 2013 Act, several decision passed by this Court – However, the Pune Municipal Corporation’s case subsequently overruled by the
SANTOSH @ BHUREversusSTATE (G.N.C.T.) OF DELHI
Case No.: CRIMINAL APPEAL No. 575/2011
Decision Date: 28-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC443

SANJAY KISHAN KAUL*, MANOJ MISRA, ARAVIND KUMAR Penal Code, 1860 – s. 302 r/w. s.34 – Acquittal under – Prosecution case that ‘S’ was tenant of an apartment on the second floor of a building owned by PW-3 – On 12.09.2000, at about 10.40 a.m., an information was given to the police that a dead body is lying in As per prosecution, two disclosure/ confessional statements were made by each of the two accused (‘S’ and ‘N’) during police custody – Trial Court held that the proven circumstances constituted a chain which conclusively indicated that the accused ‘S’ in
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITEDversusADANI POWER MAHARASHTRA LIMITED AND OTHERS
Case No.: CIVIL APPEAL No. 687/2021
Decision Date: 20-04-2023
Disposal: Dismissed
Neutral Citation: 2023INSC399

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Electricity – ‘Change in Law’ event – Deallocation of Lohara Coal Blocks, if a ‘Change in Law’ event – Held: Yes – Deallocation of Lohara Coal Blocks would amount to ‘Change in under the Power Project Agreements – No interference warranted with the concurrent findings of MERC and APTEL – Methodology of arriving at the compensation payable on account of ‘Change in Law’ event also not interfered with – Wild Life (Protection) Act, 1972
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITEDversusADANI POWER MAHARASHTRA LIMITED AND ANOTHER
Case No.: CIVIL APPEAL No. 677/2021
Decision Date: 20-04-2023
Disposal: Dismissed
Neutral Citation: 2023INSC399

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Electricity– Change in Law– SHAKTI Policy, if amounts to Change in Law –ADANI Power Maharashtra Limited (APML) and Maharashtra State Electricity Distribution Company Limited (MSEDCL) entered into four long term seeking compensation in Tariff on account of Change in Law under the PPAs before Maharashtra Electricity Regulatory Commission (MERC) –Allowed– Subsequently, APML filed a fresh petitionbefore MERC seeking reliefin support of Change of Law under the respective PPAs fornon-
PRADEEP KUMARversusSTATE OF CHHATTISGARH
Case No.: CRIMINAL APPEAL No. 1304/2018
Decision Date: 16-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC242

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL Penal Code,1860 – ss. 302,34,201 – Two accused persons (including appellant) were convicted for offence of murder by trial Court –The prosecution case, rested upon three circumstances (a) the alleged confessional statement of appellant;(b) prior animosity deceased; and (c) the recovery of material from the appellant – The High Court upheld the conviction of appellant and acquitted co-accused – On appeal, held: The testimonies of PW-12(son of the deceased) and PW-13(co-villager) negated circumstances that there was tension between the
SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LTD.versusDINESH JOSHI & ORS.
Case No.: CIVIL APPEAL No. 5328/2016
Decision Date: 22-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC275

S. RAVINDRA BHAT*, DIPANKAR DATTA National Green Tribunal Act, 2010 –s.19 – Procedure and Powers of Tribunal –Held: NGT though not bound by the Code of Civil Procedure, is nevertheless bound by principles of natural justice – It is a judicial tribunal exclusively tasked with the disputes and causes – In the present case, the NGT had to take into consideration that the nature of its directions meant that all those living or owning land near the Teliya Talab, a man-made lake/reservoir in Mandsaur, who had obtained sanctions from the Nagar Palika Parishad and
PRIYA PRAMOD GAJBEversusSTATE OF MAHARASHTRA AND OTHERS
Case No.: CIVIL APPEAL No. 7117/2019
Decision Date: 11-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC663

BHUSHAN RAMKRISHNA GAVAI*, J.B. PARDIWALA Education/Educational Institutions – MBBS admission – Seat reserved for Scheduled Tribe – Appellant secured the admission claiming that she belonged to ‘Mana’ Scheduled Tribe – Claim invalidated – Documents of pre-Constitution period relied upon by Probative value of – Held: Documents of the pre- Constitution period showing the caste of the applicant and their ancestors have got the highest probative value – If an applicant is able to produce authentic and genuine documents of the pre- Constitution period showing that he belongs
THE STATE OF CHATTISGARH & ANRversusAMAN KUMAR SINGH & ORS. ETC. ETC
Case No.: CRIMINAL APPEAL No. 646/2023
Decision Date: 01-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC189

S. RAVINDRA BHAT*, DIPANKAR DATTA Constitution of India – Art.226 – Prevention of Corruption Act, 1988 – ss.13(1)(b), (2) – FIR registered against one ‘AS’ and his wife ‘YS’ – FIR quashed by High Court – Justification of – Held: In the present case, FIR does make cognizable offence having been committed by ‘AS’ and ‘YS’ – Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases – Whenever its powers are invoked either u/Art.226 or s.482,
ARVIND KUMARversusSTATE OF NCT, DELHI
Case No.: CRIMINAL APPEAL No. 2390/2010
Decision Date: 17-07-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC622

ABHAY S. OKA*, RAJESH BINDAL Penal Code, 1860 : s. 304A – Causing death by negligence – Scuffle between the victim-constable and the appellant-police guard – Semi Automatic Fire (SAF)-carbine of the appellant got entangled in the chain of the appellant’s belt resulting in accidental firing of five victim in his neck leading to his death – Case of the appellant that he was requested by the sub-inspector to ask the victim to desist from continuing with his conversation on the telephone – Conviction of the appellant u/s. 302 and sentenced to life by the courts below – On
MD. ASFAK ALAMversusTHE STATE OF JHARKHAND & ANR.
Case No.: CRIMINAL APPEAL No. 2207/2023
Decision Date: 31-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC660

S. RAVINDRA BHAT*, ARAVIND KUMAR Code of Criminal Procedure, 1973: s. 438 – Grant of anticipatory bail – Disentitlement to – Husband accused of s. 498A and various other provisions under the Penal Code, and under the Dowry Prohibition Act – Anticipatory bail application pending and no husband – Grant of an interim order by the High Court directing the police not to arrest the husband during the pendency of his application u/s. 438 – Thereafter, the investigation was completed, charge sheet was filed and cognizance was taken by the Sessions Judge –
THEIR WORKMEN THROUGH THE JOINT SECRETARY (WELFARE), FOOD CORPORATION OF INDIA EXECUTIVE STAFF UNION.versusEMPLOYER IN RELATION TO THE MANAGEMENT OF THE FOOD CORPORATION OF INDIA & ANR.
Case No.: CIVIL APPEAL No. 4152/2023
Decision Date: 03-07-2023
Disposal: Disposed off
Neutral Citation: 2023INSC588

KRISHNA MURARI*, SANJAY KUMAR Approbate and Reprobate – Held: A party to a proceeding cannot be permitted to challenge the same but thereafter abide by it out of its own benefit from it; get the opposite party to effectively alter its position and then press its challenge after the passage of a considerable length of time – In the present case, the management of FCI filed writ petition challenging the Award passed by the Industrial Tribunal but, depsite
BAINI PRASAD (D) THR. LRS.versusDURGA DEVI
Case No.: CIVIL APPEAL No. 6182/2009
Decision Date: 02-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC95

BHUSHAN RAMKRISHNA GAVAI*, C.T. RAVIKUMAR Transfer of Property Act, 1882 : s. 51 – Protection under – Suit by the respondent for possession of the land by demolition of the structure put on by the appellant and for permanent prohibitory injunction restraining the appellant from interfering – Appellant’s case that two years ago he had carried out construction of the verandah in the land as part of his residential house bonfidely believing it to be his own land – Suit decreed in favour of the respondent – However, the first appellate court held that the