Hibbaan/DIVYADRISHTI huggingface dataset:
STATE OF ORISSA & ANR.versusORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARAMCHARI SANGH & ANR
Case No.: CIVIL APPEAL No. 6944/2015
Decision Date: 17-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC247

DINESH MAHESHWARI*, SANJAY KUMAR Orissa Khadi and Village Industries Board Act,1955 – s.36 – Orissa Khadi and Village Industries Board Regulations, 1960 – Regulation 40 and 52 – State Government decided not to introduce pension scheme for the employees of Orissa Khadi and Village Industries Board hardship – Respondents challenged it before the High Court – The Single Judge issued directions to the State Government to amend the Regulations of 1960 and to take appropriate steps to incorporate the pension scheme for the Board’s employees at par with the State
SUDHIR SINGH AND OTHERSversusSTATE OF U.P. AND OTHERS
Case No.: CIVIL APPEAL No. 7069/2023
Decision Date: 30-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC960

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: Claims of the appellants for recruitment on the posts of Village Development Offi cers if rightly rejected by High Court in view of lack of eligibility of being Ex-Servicemen at the time of the advertisement in question. Service Law – – To be adjudged as on the last date of submission of application forms, subject to any extension of such date: Held: Basic question on eligibility has to be determined on the basis of the cut-off date/point of time which stands crystalized by the date of the advertisement itself, being the
GOVT. OF NCT DELHI & ANRversusDINESH KUMAR & ANR
Case No.: CIVIL APPEAL No. 3151/2023
Decision Date: 28-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC467

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 writ petitioner seeking declaration that land is deemed to have lapsed in view of s.24(2) – High Court held the acquisition is deemed to have lapsed on the ground that no compensation was paid for the suit land – Sustainability of – Held: Not sustainable – Possession of the disputed lands was taken on
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHIversusUNION OF INDIA & ORS.
Case No.: WRIT PETITION (CIVIL) No. 678/2023
Decision Date: 20-07-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC635

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						 GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI versus UNION OF INDIA & ORS. - [2023] 10 S.C.R. 4932023 INSC 635 D.Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA Government of National Capital Territory of Delhi (Amendment) Ordinance 2023: Constitutional validity of – Preamble to the NCT Ordinance 2023 states that Parliament has exclusive and plenary to the national capital in view of Arts 239-AA(3)(b) and 239-AA(7) – NCT Ordinance inserting s. 3A in the GNCTD Act, which amends Article 239-AA, stipulating that the Legislative Assembly shall have the power to enact laws as prescribed in Art 239-AA, except with respect to Entry 41 of List
STATE BANK OF INDIAversusP. ZADENGA
Case No.: CIVIL APPEAL No. 2518/2012
Decision Date: 03-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC868

HRISHIKESH ROY*, SANJAY KAROL HEADNOTES Issue for consideration: Whether clause 4 of the Memorandum of Settlement (MoS) dated 10th April 2002 create a bar on departmental proceedings continuing when the person subjected thereto is being tried before a criminal court for off ences of the same origin; and whether acquittal in proceedings entail a benefi t in the surviving proceedings, inuring a right upon the delinquent employee of automatic discharge in disciplinary proceedings. Service Law – Departmental proceedings pending criminal trial arising from the same transactions, if to be stayed – Acquittal
M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITEDversusAMIT CHAND MITRA & ANR.
Case No.: CIVIL APPEAL No. 6149/2023
Decision Date: 25-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC854

ANIRUDDHA BOSE*, VIKRAM NATH HEADNOTES Issue for consideration: To what extent the Court can take cognizance of a clause, relating to purpose for which a lease is granted, contained in an unregistered deed of lease for immovable property stipulating its duration for a period of fi ve years. Transfer – ss.106, 107 – Unregistered lease deed for a period of fi ve years – Inadmissibility – Purpose of lease – If for ‘manufacturing purpose’ – Burden to prove – Tenancy of “month to month” character: Held: The subject agreement had
AVTAR SINGH & ANR.versusSTATE OF PUNJAB
Case No.: CRIMINAL APPEAL No. 1711/2011
Decision Date: 23-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC280

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UDAYAKUMARversusSTATE OF TAMIL NADU
Case No.: CRIMINAL APPEAL No. 1741/2010
Decision Date: 16-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC239

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL Penal Code, 1860 : ss. 302, 120B – Murder – Due to rivalry A-1 alongwith A-3 hatched a conspiracy to murder the victim and engaged services of A-2 for the same – A-2 killed the victim with a sickle thereafter, fled with A-1 and A-2 – Incident witnessed by PW-1 – life imprisonment – High Court acquitted A-1 and A3 for both the offences and A-2 for the offence u/s 120B, however, conviction of A-2 for the offence punishable u/s 302 upheld on the basis of identification by PW1 – On appeal, held: Other than the identification of A-2 being the
M/S. PLATINUM THEATRE AND OTHERSversusCOMPETENT AUTHORITY SMUGGLERS & FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 AND ANOTHER
Case No.: CIVIL APPEAL No. 4369/2009
Decision Date: 22-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC273

AJAY RASTOGI*, BELA M. TRIVEDI Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – ss. 2, 6, 7, 8, 9 – Conservation of Foreign Exchange and Prevention Act, 1974 (COFEPOSA) – Appellant no.1-registered partnership firm comprising of appellant nos. 2 to 5 were holding the subject theatre – According to the finding recorded by the competent authority, more than 50% of the value assessed (i.e. Rs.13.12 lakhs) of the theatre has
ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTIONversusUNION OF INDIA & ORS.
Case No.: CIVIL APPEAL No. 2202/2012
Decision Date: 10-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC512

ABHAY S. OKA*, RAJESH BINDAL Constitution of India, 1950 : 5th Schedule – Power of Governor under – Application of Central and the State Acts to a Scheduled Area-District of Sundargarh in the State of Orissa without a specific notification making the said Acts Area issued by the Governor – Held: All the Central and the State laws which are applicable to the entire State of Orissa would continue to apply to the Scheduled Area unless, in exercise of powers under sub-clause (1) of Clause 5 of the Fifth Schedule, there is a specific
RAJESH & ANR.versusTHE STATE OF MADHYA PRADESH
Case No.: CRIMINAL APPEAL No. 793/2022
Decision Date: 21-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC839

BHUSHAN RAMKRISHNA GAVAI*, J.B. PARDIWALA, SANJAY KUMAR HEADNOTES Issue for consideration: In a case based on circumstantial evidence as there was no eyewitness to the kidnapping and murder, and where the prosecution’s case essentially turned upon the ‘recoveries’ made at the behest of the Evidence Act, whether their conviction on diff erent counts and death sentence imposed on two out of the three appellants was justifi ed, when the confessions were made before their arrest and prior to being ‘accused of any off ence’. Evidence Act, 1872 – ss.26, 27 – Being
ARUP BHUYANversusSTATE OF ASSAM & ANR.
Case No.: CRIMINAL APPEAL No. 889/2007
Decision Date: 24-03-2023
Disposal: Reference answered
Neutral Citation: 2023INSC292

M.R. SHAH*, C.T. RAVIKUMAR*, SANJAY KAROL Unlawful Activities (Prevention) Act, 1967 – ss.10(a)(i), 3 and 4 – s.10(a)(i) provides that where an association is declared unlawful by a notification issued u/s.3 which has become effective under sub-section 3 of that Section, a person who is and continues to be a member shall be punishable with imprisonment for a term which may extend to 2 years and shall also be liable to fine – Whether “active membership” is required to be proven over and above the membership of a banned organization under the UAPA, 1967 – Held: The object and
RAVI KHANDELWALversusM/S. TALUKA STORES
Case No.: CIVIL APPEAL No. 4364/2023
Decision Date: 11-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC615

SANJAY KISHAN KAUL*, AHSANUDDIN AMANULLAH Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s.14(3) – Interpretation of – Held: s.14(3) is for the protection of a tenant – The objective is that from the date a tenant acquires a right, he must have a right to continue in the premises for a period of to fulfillment of the terms and conditions of the lease – In the present case, while the suit may have been defectively instituted within five years of the tenancy, more than 38 years have now elapsed since the suit was filed – This passage of time beyond the period of five years
MADANversusSTATE OF UTTAR PRADESH
Case No.: CRIMINAL APPEAL No. 1381/2017
Decision Date: 09-11-2023
Disposal: Disposed off
Neutral Citation: 2023INSC990

BHUSHAN RAMKRISHNA GAVAI*, B.V. NAGARATHNA, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Six deaths were caused on account of brutal fi ring by the appellants and other accused persons. The trial court imposed sentence of capital punishment to the appellants (‘M’ and ‘S’) herein for the off ence punishable u/s. IPC, while it sentenced accused ‘I’ to imprisonment for life for the same. (i) Whether the prosecution has proved beyond reasonable doubt the case for conviction u/s. 302 of IPC; (ii) Whether the present case falls in the category of rarest of rare cases; (ii) Whether on the facts of
SURESHKUMAR LALITKUMAR PATEL & ORS.versusSTATE OF GUJARAT & ORS.
Case No.: CIVIL APPEAL No. 1355/2023
Decision Date: 20-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC145

SANJIV KHANNA*, M.M. SUNDRESH Service Law – Modification of selection process – Cut-off marks reduced after results were published to facilitate the inclusion of candidates constituting horizontal reservation – Impermissibility of – Held: An advertisement made pursuant to a – It has got all the trappings of a statutory prescription, unless contrary to either a rule or an Act – A change, if any, can only be brought by an amendment and nothing else – Such amendment even if permissible, can be tested on the touchstone of Art.14 – It cannot be
PRAKASH (DEAD) BY LR.versusG. ARADHYA AND ORS.
Case No.: CIVIL APPEAL No. 706/2015
Decision Date: 18-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC743

HIMA KOHLI*, RAJESH BINDAL HEADNOTES Issue for consideration: Transaction between the parties whether an absolute sale of the property or a mortgage. Transfer of Property Act, 1882 – s.58(c) – Two documents executed on same day, Sale Deed and Reconveyance Deed/agreement of buy back deed, transaction if mortgage the property: Held: Proviso to sub-section (c) of s.58 provides that no transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which eff ects or purports to eff ect the sale – In the present case, admittedly, there are two separate documents –
M/S HARSH AUTOMOBILES PRIVATE LIMITEDversusINDORE MUNICIPAL CORPORATION
Case No.: CIVIL APPEAL No. 5362/2023
Decision Date: 09-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC893

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: Whether the display boards or sign boards or name boards as displayed by the appellants would partake the character of “advertisement” so as to attract s.132 of the Madhya Pradesh Municipal Corporation Act, 1956 and thereby the demand (for payment of Madhya Pradesh Municipal Corporation Act, 1956 – s.132 – Appellants displayed their name board of respective business establishment which also depicted the nature of the respective vehicles which were sold and it would be inseparable part of the appellants’ business
THE GOVT. OF NCT OF DELHI & ORS.versusKAMLESH RANI BHATLA
Case No.: CIVIL APPEAL No. 1927/2023
Decision Date: 23-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC282

ANIRUDDHA BOSE*, KRISHNA MURARI Central Civil Service (Pension) Rules, 1972: r. 26(4) – Forfeiture of service on resignation – Withdrawal of resignation – On facts, the respondent tendered her resignation to contest election, and the resignation was accepted – She lost the election and of resignation – Application was kept pending – She then filed writ petition wherein the High Court directed the authorities to deliberate upon and thereafter dispose of her request qua withdrawal of her resignation taking note of the judgment of the High Court in Nirmal
SABARMATI GAS LIMITEDversusSHAH ALLOYS LIMITED
Case No.: CIVIL APPEAL No. 1669/2020
Decision Date: 04-01-2023
Disposal: Dismissed
Neutral Citation: 2023INSC10

AJAY RASTOGI*, C.T. RAVIKUMAR Insolvency and Bankruptcy Code, 2016 – ss. 6, 8, 9, 62, 238A, 252 – Sick Industrial Companies (Special Provisions) Act, 1985 – ss. 16, 17, 22, 25 – Limitation Act, 1963 – s.5,14 and Art. 137 – Insolvency and Bankruptcy (Application to r. 5, Form no. 3 – Appellant and respondent entered into a Gas Sales Agreement (GSA) whereunder the appellant was having the obligation to supply natural gas – Thereafter, the respondent made default in the payment of the invoices – Respondent approached BIFR and it was
AFJAL ANSARIversusSTATE OF UP
Case No.: CRIMINAL APPEAL No. 3838/2023
Decision Date: 14-12-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC1071

SURYA KANT*, DIPANKAR DATTA, UJJAL BHUYAN HEADNOTES Issue for consideration: What are the parameters to be considered for the suspension of conviction u/s. 389(1) CrPC; whether the appellant has made out a prima facie case for the suspension of conviction u/s. 389(1) CrPC; and whether conviction of an off ence involving a valid ground to deny suspension of conviction u/s. 389(1) CrPC. Code of Criminal Procedure, 1973 – s. 389 (1) – Suspension of conviction –Appellant-member of Parliament, convicted u/s. 3(1) of the Gangsters Act and sentenced to four years imprisonment with a fi ne of Rupees One
STATE OF WEST BENGAL AND ANOTHERversusM/S. CHIRANJILAL (MINERAL) INDUSTRIES OF BAGANDIH AND ANOTHER
Case No.: CIVIL APPEAL No. 8238/2022
Decision Date: 12-09-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC824

SANJIV KHANNA*, ARAVIND KUMAR HEADNOTES Issue for consideration: Intra-court appeal preferred by the State of West Bengal before the High Court was dismissed with the direction to the Appellant No. 2 – Joint Secretary, Department of Industries, Commerce or any authorised offi cer to execute a mining lease in favour of the Respondent No. 2, sole proprietor of Respondent No. 1 - M/s. Chiranjilal (Mineral) Industries of Bagandih. Mines and Minerals (Development and Regulation) Act, 1957 – s. 10-A – Mines and Minerals (Development
A. VALLIAMMAIversusK.P. MURALI AND OTHERS
Case No.: CIVIL APPEAL No. 5342/2023
Decision Date: 12-09-2023
Disposal: Disposed off
Neutral Citation: 2023INSC823

SANJIV KHANNA*, BELA M. TRIVEDI HEADNOTES Issue for consideration: Whether the suit for specifi c performance was barred by limitation and if the High Court erred in affi rming the judgment and decree of specifi c performance passed by the trial court. Specifi c Performance – No time fi xed for performance of contract Limitation Act, 1963 – Article 54 – Applicability: Held: Article 54 of Part II of the Schedule to the Limitation Act stipulates the limitation period for fi ling a suit for specifi c performance as three years from the date fi xed for performance, and in alternative when no date is fi
M/S OSWAL PLASTIC INDUSTRIESversusMANAGER, LEGAL DEPTT. N.A.I.C.O. LTD
Case No.: CIVIL APPEAL No. 83/2023
Decision Date: 13-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC30

M.R. SHAH*, C.T. RAVIKUMAR Insurance – In case of damage of the plant and machinery due to fire, whether the complainant entitled to reinstatement value or depreciated value under insurance policy – Appellant subscribed to a Fire & Perils policy – A fire broke out and the surveyor assessed the loss at Rs.12,60,000/ - on depreciated value – Insurance company despite the reports of the surveyor, repudiated the claim – State Commission relying on the surveyor report, awarded Rs.29,17,500/- with 9% interest from the date of repudiation observing entitlement on reinstatement value
M/S RECKITT BENCKISER (INDIA) LTD.versusCOMMISSIONER COMMERCIAL TAXES & ORS.
Case No.: CIVIL APPEAL No. 1335/2010
Decision Date: 10-04-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC328

M.R. SHAH*, KRISHNA MURARI Kerala VAT Act, 2003 – s. 6(1)(d), Entry No.44(5)of the III Schedule – Entry 27(4) and 66 of notification SRO 82/06 – Appellant’s case that the products (i) Mosquito Mats, Coils and Vaporizers; and (ii) Mortein Insect Killers; (iii) Harpic Toilet Cleaner and Lizol under Entry No. 44(5) of the III Schedule to the Kerala VAT Act as being ‘pesticides, insecticides’ corresponding to HSN Code 3808 and therefore subject to VAT at the rate of 4% – With respect to the product at (iv) Dettol Antiseptic Liquid, it was the case on behalf
K. L. SUNEJA & ANRversusDR. (MRS.) MANJEET KAUR MONGA (D) THROUGH HER LR & ANR
Case No.: CIVIL APPEAL No. 1401/2019
Decision Date: 31-01-2023
Disposal: Disposed off
Neutral Citation: 2023INSC89

M.R. SHAH*, S. RAVINDRA BHAT Competition Act, 2002 – Monopolies and Restrictive Trade Practices Act, 1969 – Code of Civil Procedure, 1908 – Payment of interest on instalments towards allotment of a flat under construction which was ultimately cancelled – Competition Appellate Tribunal eligible for interest of 15% p.a. from 1st May 2005 (when allotment was cancelled) to 7th May 2016 (when pay order was revalidated and cumulative instalment amount was credited to the account of the complainant) – Builder argued that complainant had filed ‘original’ pay
M/S N. N. GLOBAL MERCANTILE PRIVATE LIMITEDversusM/S INDO UNIQUE FLAME LTD. & ORS.
Case No.: CIVIL APPEAL No. 3802/2020
Decision Date: 25-04-2023
Disposal: Reference answered
Neutral Citation: 2023INSC423

K.M. JOSEPH*, AJAY RASTOGI*, ANIRUDDHA BOSE*, HRISHIKESH ROY*, C.T. RAVIKUMAR* Arbitration and Conciliation Act, 1996 – ss. 11(6A), 7, 8, 9, 11 and 16 – Indian Stamp Act, 1899 – ss. 3, 33 & 35 – Contract Act, 1872 – ss. 2(h), 10 – Appointment of Arbitrators by of India Scheme, 1996 – Arbitration Agreement in an unregistered instrument, which is not duly stamped, if valid and enforceable – Whether the statutory bar contained in s.35 of the Stamp Act, 1899 applicable to instruments chargeable to stamp duty under s.3 read with the Schedule to
THE MAHARASHTRA STATE CO-OPERATIVE BANK LTD.versusBABULAL LADE & ORS.
Case No.: MISCELLANEOUS APPLICATION No. 1308/2020
Decision Date: 24-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC295

M.R. SHAH*, KRISHNA MURARI Service Law: Salary/wages – Payment of – Payment of dues of the employees of the sugar factory in liquidation by the appellant- Bank, out of the sale proceeds from the auctioned property – Appellant Bank deposited 25% of the total amount due, in certain sum with the Industrial Court – Appellant Bank then sought transfer of that amount along with interest to the account of the Collector with the direction to distribute the amount as per the entitlement of each and every employee of the sugar factory after proper
P. SARANGAPANI (DEAD) THR. LR PAKA SAROJAversusSTATE OF ANDHRA PRADESH
Case No.: CRIMINAL APPEAL No. 2173/2011
Decision Date: 21-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC844

BELA M. TRIVEDI*, DIPANKAR DATTA HEADNOTES Issue for consideration: Whether the High Court was justifi ed in confi rming the conviction of appellant-accused no.1 u/s. 7 and s.13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. Prevention of Corruption Act, 1988 – Allegation demanded and accepted a sum of Rs.1500/- as gratification other then legal remuneration from the defacto- complainant – Trial Court convicted the appellant-accused no.1 for the off ences u/s. 7 and s.13(1)(d)r/w 13(2) of the 1988 Act – High Court confi rmed the conviction –