Hibbaan/DIVYADRISHTI huggingface dataset:
DEREK A C LOBO & ORS.versusULRIC M A LOBO (DEAD) BY LRS. & ORS.
Case No.: CIVIL APPEAL No. 5094/2011
Decision Date: 07-12-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1093

C.T. RAVIKUMAR*, SANJAY KUMAR HEADNOTES Issue for consideration: After appreciating the oral and documentary evidence, the trial Court decreed the suit (probate of Will) and held that the plaintiffs are entitled to the grant of probate of the last Will and testament dated 10.11.1992 of their the High Court reversed the judgment and decree of the trial Court. In view of the undisputed position that the Will was executed by C, the question to be considered is whether the circumstances taken as suspicious circumstances by the High Court are in troth, suspicious circumstances,
CPL ASHISH KUMAR CHAUHAN (RETD.)versusCOMMANDING OFFICER & ORS.
Case No.: CIVIL APPEAL No. 7175/2021
Decision Date: 26-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC857

S. RAVINDRA BHAT*, DIPANKAR DATTA HEADNOTES Issue for consideration: The appellant was transfused with one blood unit in the year 2002 at 171 Military Hospital. In 2014, appellant’s blood samples revealed that he was suff ering from HIV. The Complaint fi led by the appellant before the NCDRC Whether the dismissal of his complaint was justifi ed. Consumer Protection – Medical Negligence – Jurisdiction – Whether the appellant’s case is under the Consumer Protection Act, 1986 – What are alternative basis for exercising jurisdiction – Can the
IN RE: T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND OTHERS
Case No.: WRIT PETITION (CIVIL) No. 202/1995
Decision Date: 26-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC430

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH, SANJAY KAROL Environment (Protection) Act, 1986 – Environment (Protection) Rules, 1986 – r. 5 – Eco-sensitive zone (ESZ) – Protection of forest land – Issuance of directions by this Court, by protected forests-national park or wildlife sanctuary, to have an ESZ of minimum one kilometre measured from the demarcated boundary of such protected forest, wherein the activities proscribed and prescribed in the Guidelines of 9.2.2011 shall be strictly adhered to; that with respect to the
GAJANAND SHARMAversusAADARSH SIKSHA PARISHAD SAMITI & ORS.
Case No.: CIVIL APPEAL No. 100/2023
Decision Date: 19-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC58

M.R. SHAH*, C.T. RAVIKUMAR Rajasthan Non-Governmental Educational Institutions Act, 1989 – s.18 – For termination from service, the approval of Director of Education required or not – Appellant-employee was terminated after a departmental enquiry – Tribunal set aside the order of termination by of the Director of Education as mandatory u/s. 18 of the Act, 1989 was not obtained – Single Judge confirmed the order passed by the Tribunal – Division Bench of the High Court allowed the writ appeal and has set aside the orders passed by the Tribunal as well as the Single Judge and
ROOPWANTIversusSTATE OF HARYANA AND ORS.
Case No.: CRIMINAL APPEAL No. 1904/2014
Decision Date: 24-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC157

KRISHNA MURARI*, B.V. NAGARATHNA
BISHAMBHAR PRASADversusM/S. ARFAT PETROCHEMICALS PVT. LTD. AND ORS
Case No.: CIVIL APPEAL No. 2963/2023
Decision Date: 20-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC406

SURYA KANT*, VIKRAM NATH Industrial Development – Industrial land – Appeals from judgment passed by the High Court whereby the Writ Petition filed by Respondent No.1 was allowed – As a corollary, the decision by the Cabinet Committee of the State of instructions issued to the Rajasthan State Industrial Development and Investment Corporation Ltd. (“RIICO”) to cancel a series of permissions and approvals granted/awarded to Respondent No.1 in respect of industrial land in Kota, Rajasthan, were set aside – Whether the
OM PRAKASH AHUJAversusRELIANCE GENERAL INSURANCE CO. LTD. ETC.
Case No.: CIVIL APPEAL No. 2769/2023
Decision Date: 04-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC598

ABHAY S. OKA*, RAJESH BINDAL Consumer Protection Act, 1986: Insurance claim – Repudiation of – Denial of renewal of policy – On facts, pursuance to the health insurance policy, the claimant incurred expenses on the treatment of his wife for ovarian cancer – Claim for reimbursement the respondent-Insurance company, however, the same was repudiated on the ground of non- disclosure by the claimant that his wife was suffering from a rheumatic heart disease – Filing of complaint – Allowed by the District Forum and issuance of direction for renewal of the health
HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS.versusSATPAL & OTHERS ETC. ETC.
Case No.: CIVIL APPEAL No. 18428/2021
Decision Date: 09-02-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC113

M.R. SHAH*, HIMA KOHLI Land Acquisition Act, 1894 – Compensation – Determination – Land acquired and 5.3.2007 of villages Badh Malik, Pritampura and Rasoi in District Sonipat, Haryana – For land acquired vide notification dated 30.06.2005 for villages Badh Malik, Pritampura and Rasoi, the High Court enhanced the compensation to Rs. 29,54,000/- per acre and for land acquired
CC AND CE AND ST, NOIDAversusM/S INTERARCH BUILDING PRODUCTS PVT. LTD.
Case No.: CIVIL APPEAL No. 11330/2018
Decision Date: 02-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC476

M.R. SHAH*, KRISHNA MURARI Finance Act, 1994 – ss. 64,65(105)(zzq),65(105)(zzzza),66, 67 and 73 – Service (Determination of Value) Rules, 2006 – Rule 2A – CENVAT Credit Rules, 2004 – Payment of service tax – Liability for – Respondent–assessee was engaged in the business of steel buildings – They paid service tax under the category “commercial or industrial constructions services” as referred u/s.65(105)(zzq) of the Finance Act, 1994 – Respondent availed CENVAT credit and short paid the Service Tax in cash – Revenue was of the
KEKHRIESATUO TEP ETC.versusNATIONAL INVESTIGATION AGENCY
Case No.: CRIMINAL APPEAL No. 415/2019
Decision Date: 12-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC362

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL Unlawful Activities (Prevention) Act, 1967 – ss. 39, 40, 43D(5) – Bail under –Special Judge found that appellants had not voluntary succumbed to the demands of the organization and investigating agency admitted that accused persons were cooperating in investigation –Bail Special Judge – However, High Court reversed the order of the Special Judge – Before the Supreme Court, appellants contended that they were forced to make payments – Held: There are twin requirement under sub-section (5) of s. 43D – First one being that the public
P. SHYAMALAversusGUNDLUR MASTHAN
Case No.: CIVIL APPEAL No. 1363/2023
Decision Date: 24-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC162

M.R. SHAH*, C.T. RAVIKUMAR Specific Relief Act, 1963 : s. 28 – Rescission of agreement to sell, the specific performance of which is decreed – On facts, agreement to sell the suit property between the late mother of the appellant and the respondent – Suit for specific performance by the respondent – and directed the respondent to deposit balance sale consideration, however, the respondent failed to pay the same – After 853 days the respondent filed an application u/s. 148 CPC and s. 28 of the Specific Relief Act for extension of time to deposit the balance amount – Trial court
THIRU K. PALANISWAMYversusM. SHANMUGAM & ORS.
Case No.: CIVIL APPEAL No. 1392/2023
Decision Date: 23-02-2023
Disposal: Disposed off
Neutral Citation: 2023INSC156

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						 THIRU K. PALANISWAMY versus M. SHANMUGAM & ORS. - [2023] 7 S.C.R. 11182023 INSC 156 DINESH MAHESHWARI, HRISHIKESH ROY Injunction – Prayer for temporary injunction – Political Party – Party Constitution – Dispute inter-se in the political party – The topmost position in the party was earlier assigned to the General Secretary but, after the demise of the then General organisation went through various changes and ultimately, a system of joint leadership, by Co-ordinator and Joint Co-ordinator – However, when the proposition for amendments of the byelaws, essentially to revert to the system of single leadership at the apex level, was likely to come up
SANJAY RAGHUNATH AGARWALversusTHE DIRECTORATE OF ENFORCEMENT
Case No.: CRIMINAL APPEAL No. 1198/2023
Decision Date: 20-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC408

V. RAMASUBRAMANIAN*, PANKAJ MITHAL Bail – A criminal complaint u/ss. 406, 407, 415 to 420, 120B r/w s.34 IPC was filed against six persons, including the appellant – Complaint was, that Farmax India Ltd. availed the services of the accused in raising Global Depository Receipts (GDRs), to the tune of INR the accused raised the said amount, they transferred to Farmax only a sum of INR 2.20 crores – According to the Enforcement Directorate, the appellant and the others had committed the offence of money-laundering – Enforcement Case Information Report (ECIR) was lodged –
STATE THROUGH CENTRAL BUREAU OF INVESTIGATIONversusHEMENDHRA REDDY & ANOTHER. ETC.
Case No.: CRIMINAL APPEAL No. 1300/2023
Decision Date: 28-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC460

SURYA KANT*, J.B. PARDIWALA Code of Criminal Procedure, 1973 – ss. 169, 173(2), 173(8) – Further Investigation – Whether the High Court was justified in quashing the entire prosecution instituted by the CBI against the accused persons for on the ground that the CBI could not have undertaken further investigation under sub- section (8) of s.173 of the Code of Criminal Procedure, 1973 and filed a charge-sheet having once already submitted a final report under sub-section (2) of the s.173 of the CrPC (closure report) – Held:
M. K. RAJAGOPALANversusDR. PERIASAMY  PALANI GOUNDER & ANR
Case No.: CIVIL APPEAL No. 1682/2022
Decision Date: 03-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC486

DINESH MAHESHWARI*, VIKRAM NATH Insolvency and Bankruptcy Code, 2016 – ss. 12A, 29-A(e), 30(2)(e) & 30(6) – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 36-A(2)(iii) – Disapproval of resolution plan by the Appellate resolution plan before CoC – Held: Is unexceptionable and calls for no interference – When the modified resolution plan, even if carrying minor modification /revision was not finally approved by CoC, its presentation to the Adjudicating Authority amounts to a material irregularity
HARENDRA RAIversusTHE STATE OF BIHAR & ORS.
Case No.: CRIMINAL APPEAL No. 1726/2015
Decision Date: 18-08-2023
Disposal: Unknown
Neutral Citation: 2023INSC738

SANJAY KISHAN KAUL*, ABHAY S. OKA, VIKRAM NATH HEADNOTES Issues for consideration: In a double murder case, wherein it was alleged that accused no.1-respondent no.2 had opened fi re from his rifl e resulting in injury to three persons, out of which two died, and the trial court had acquitted accused-respondent nos. 2 to 8 of all the charges, High Court in criminal revision, the issues before this Court were: (i) Whether the Supreme Court, in appeal against acquittal, could consider the High Court’s judgment dated 13.03.2007 passed in a Habeas Corpus Writ Petition (fi led pursuant to abduction of CW1, mother of one of the Decision Date : 18-08-2023 | Case No : CRIMINAL APPEAL No. 1726/2015  | Direction Issue : Acquittal of main accused reversed and matter listed for hearing on sentence.   |  Bench : 3 Judges
NORTHERN DELHI MUNICIPAL CORPORATIONversusRAM CHANDER SINGH AND ORS.
Case No.: CIVIL APPEAL No. 733/2023
Decision Date: 09-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC107

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 – Land acquired u/s.4 of the Act, 1984 vide Notification dated 13.11.1959 – High Court, relying upon case of Pune Municipal Corporation, allowed writ petition filed by respondents and declared that acquisition with respect to the land in question is deemed to have lapsed u/s.24(2) of the Act, 2013 as the assessed compensation was never paid to the original owners or his acknowledged
ALPHA G184 OWNERS ASSOCIATIONversusMAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD.
Case No.: CIVIL APPEAL No. 4718/2022
Decision Date: 15-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC536

J.K. MAHESHWARI*, M.M. SUNDRESH Consumer Protection Act, 1986: ss. 12(1)(a), 13(6) – Procedure on admission of a complaint – Joint complaint by numerous consumers without representative capacity – Permissibility of – On facts, appellant-association of allottees filed numerous possession, compensation for the delay and additional demands raised, against the respondent – Affidavits filed by the appellant along with the individual affidavits of the allottees – Writ petition by the respondent which was stayed by this Court – Nonetheless, the
RANVIR SINGH ETC. ETC.versusTHE STATE OF MADHYA PRADESH
Case No.: CRIMINAL APPEAL No. 1384/2009
Decision Date: 12-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC25

BHUSHAN RAMKRISHNA GAVAI*, M.M. SUNDRESH Penal Code, 1860 – ss. 148, 302/149, 324/149, 304 Part-II – Acquittal under – Appellants-accused persons were charged of having committed an offence u/ss. 148, 302/149, 324/149 – Dehati Nalishi (Ex. P-28) was recorded as an FIR, in pursuance of the information given by person ‘H’, in which he stated that he along with the other two persons (K and PW-12) was attacked by the appellants – The Statement of the H was recorded at the place of occurrence by PW-20 (Investigating officer) and later H died at the hospital – Trial Court
UNION OF INDIA & ORS.versusM/S. UNION CARBIDE CORPORATION & ORS
Case No.: CURATIVE PETITION (CIVIL) No. 345/2010
Decision Date: 14-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC222

SANJAY KISHAN KAUL*, SANJIV KHANNA, ABHAY S. OKA, VIKRAM NATH, J.K. MAHESHWARI Bhopal Gas Tragedy Case – Curative petitions filed by the Union of India seeking increase in the settlement amount – Held: Present petitions were filed by the Union of India 19 years post the settlement seeking to reopen the same – The very settlement was the need to provide immediate succour to the victims through medical relief, rehabilitation measures etc. – Without a settlement, immediate funds would not have been available for the victims – Finality was reached at an early stage by way of the settlement –
KASHIBAI & ORS.versusTHE STATE OF KARNATAKA
Case No.: CRIMINAL APPEAL No. 627/2023
Decision Date: 28-02-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC722

AJAY RASTOGI*, BELA M. TRIVEDI Penal Code, 1860 – ss.498A, 306 r/w 34 – Appellants-accused were convicted u/ss.498A, 306 r/w 34 and sentenced – Held: Deceased was subjected to harassment at the instance of appellants – Prosecution has successfully brought home the charges levelled against them for the However, it failed to adduce any clinching evidence to conclude that the appellants abetted the deceased to commit suicide – Mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption u/s.113A, Evidence Act, and to hold the accused
SOUNDARAJANversusSTATE REP. BY THE INSPECTOR OF POLICE VIGILANCE ANTICORRUPTION DINDIGUL
Case No.: CRIMINAL APPEAL No. 1592/2022
Decision Date: 17-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC377

ABHAY S. OKA*, RAJESH BINDAL Prevention of Corruption Act, 1988 : ss. 7, 13(1)(d), r/w 13(2) – Illegal gratification – Appellant-Sub-Registrar demanded gratification of Rs.500/- from the complainant-PW 2, for handing over the registered sale deed – Complaint filed – Trap laid witness PW-3, the appellant caught red-handed while accepting the bribe – However, complainant did not support the prosecution and was declared hostile – Trial court convicted and sentenced the appellant for the offences punishable u/s 7 and s. 13(2) r/w s. 13(1)(d) – Upheld
P.C. MODIversusTHE JAWAHARLAL NEHRU VISHWA VIDYALAYA AND ANOTHER
Case No.: CIVIL APPEAL No. 4267/2011
Decision Date: 13-12-2023
Disposal: Unknown
Neutral Citation: 2023INSC1067

HIMA KOHLI*, RAJESH BINDAL HEADNOTES Issues for consideration: (i) Whether a PTI/Sports Offi cer falls within the expression “teacher”. (ii) Whether the appellant (working as a sports offi cer/PTI) would have been entitled to continue in the service of the respondent No.1-University as a PTI the age of 62 years, at par with other teachers of the Vishwavidyalaya. Jawaharlal Nehru Krishi Vishwavidyalaya Act, 1963 – Jawaharlal Nehru Krishi Vishwavidyalaya Statute, 1964 – Jawaharlal Nehru Krishi Vishwa Vidyalaya (General Condition of Service Regulations, 1929) – The Decision Date : 13-12-2023 | Case No : CIVIL APPEAL No. 4267/2011  |  Bench : 2 Judges
IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)versusIN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)
Case No.: SUO MOTO WRIT PETITION (CIVIL) No. 2/2019
Decision Date: 17-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC381

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Environment – Felling of trees – By order dated 29.11.2022, MMRCL was permitted to move the Tree Authority on its application for felling of 84 trees – On 02.01.2023, MMRCL, 185 trees, without moving Supreme Court – On 15.03.2023, the Superintendent of Gardens and Tree Officer granted permission for felling 124 trees and transplanting 53 trees, subject to the condition that 1533 trees would be planted on the property – The High Court held that propriety
STATE OF PUNJABversusPRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB AND ANOTHER
Case No.: WRIT PETITION (CIVIL) No. 1224/2023
Decision Date: 10-11-2023
Disposal: Disposed off
Neutral Citation: 2023INSC1017

D.Y. CHANDRACHUD*, J.B. PARDIWALA, MANOJ MISRA HEADNOTES Issue for consideration: (i) Whether the Governor can withhold action on Bills which have been passed by the State Legislature; (ii) Whether it is permissible in law for the Speaker to reconvene a sitting Sabha session which has been adjourned but has not been prorogued. Constitution of India – Art. 200 – The Governor is a symbolic head and cannot withhold action on Bills passed by the State Legislature: Held: The Governor, as an unelected Head of the State, is entrusted with certain
VISHAL TIWARIversusUNION OF INDIA & ORS
Case No.: WRIT PETITION (CIVIL) No. 162/2023
Decision Date: 02-03-2023
Disposal: Directions issued
Neutral Citation: 2023INSC191

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Securities Contracts (Regulation) Rules, 1957 – r. 19A – Loss of the investor wealth in securities market – The Hidenburg Report – Investigation – The batch of petition in the instant case are regarding the loss of investor wealth in the securities market because in the share of the Adani Group of Companies because of the report published by one Hidenburg Reasearch in which it was alleged that the Adani Group of Companies has manipulated its share prices and also has failed to disclose the transaction with related parties in contravention of the
HARI PRAKASH SHUKLA & ORS.versusTHE STATE OF UTTAR PRADESH & ANR.
Case No.: CIVIL APPEAL No. 9697/2014
Decision Date: 05-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC600

KRISHNA MURARI*, AHSANUDDIN AMANULLAH Forest Act, 1927: s. 4 – Declaration of reserved forest – Forest inhabitants – Right to be heard by Forest Officer – On facts, land in possession of the appellants-bhoomidars, declared as reserved forest – Initiation of eviction drive against the appellants – the appellant had a rightful claim over the said land – Writ petition by the Forest Department – Allowed by the High Court and directed eviction of the appellants – Review petition there against also dismissed – On appeal, held: Right of forest inhabitants to be heard on Decision Date : 05-07-2023 | Case No : CIVIL APPEAL No. 9697/2014 | Disposal Nature : Appeal(s) allowed  | Direction Issue :  Appeals allowed and contempt petitions dismissed.  |  Bench : 2 Judges
AJAI ALIAS AJJU ETC. ETCversusTHE STATE OF UTTAR PRADESH
Case No.: CRIMINAL APPEAL No. 598/2013
Decision Date: 15-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC127

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Penal Code, 1860 – ss. 302/149, 307 – Arms Act, 1959 – Code of Criminal Procedure, 1973 – ss. 161, 164 – The case of prosecution was that the accused persons, entered into the house of the PW-1 and her sister and had caused the death their family members – In the course of committing the offence, the accused persons also inflicted the injuries upon the PW-1 and her sister – Presuming them to be dead, the accused persons left the house – Thereafter, the PW-1 and her sister came out of the house shouting and
CENTRAL BUREAU OF INVESTIGATIONversusVIKAS MISHRA @ VIKASH MISHRA
Case No.: CRIMINAL APPEAL No. 957/2023
Decision Date: 10-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC345

M.R. SHAH*, C.T. RAVIKUMAR Code of Criminal Procedure, 1973 – s. 167(2) – Application for default bail – Frustration of judicial process by conduct – Respondent was accused of having committed offence u/s 409/120B of IPC – On 16.04.2021, the respondent-accused was arrested by the CBI and was custody for a period of seven days i.e., till 22.04.2021 – However, during the said period the respondent-accused was admitted in the hospital and thus could not be interrogated by the CBI – Thereafter, he obtained interim bail on 21.04.2021 which came to be extended till 08.12.2021
STATE OF HARYANA & ANR.versusSUBHASH CHANDER & ORS.
Case No.: CIVIL APPEAL No. 859/2023
Decision Date: 10-02-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC120

M.R. SHAH*, C.T. RAVIKUMAR Land Acquisition Act, 1894 – Compensation – Just compensation –Determination of – Acquisition of land for public purpose – High Court awarded compensation for lands acquired vide notification dated 13.01.2010 at Rs.2,98,54,720/- per acre with all statutory benefits materially erred in taking into consideration and/or relying upon the earlier judgment of Supreme Court in State of Haryana Vs. Ram Chander which awarded Rs.2,38,00,000/- per acre for lands acquired vide notification dated 25.01.2008 and then granting a cumulative increase of 12 % –