Hibbaan/DIVYADRISHTI huggingface dataset:
INDIAN OIL CORPORATION LTD. AND ORSversusM/S. SATHYANARAYANA SERVICE STATION & ANR
Case No.: CIVIL APPEAL No. 3533/2023
Decision Date: 09-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC507

K.M. JOSEPH*, B.V. NAGARATHNA Arbitration and Conciliation Act 1996: s. 34 – Application for setting aside arbitral award – Appellant-IOC entered into petrol pump dealer agreement with the first respondent – After three years, the first respondent sought to withdraw and the said request was notarised, and thereafter accepted by the appellant – Subsequently, first respondent expressed his intention to withdraw the resignation from the dealership, however, the same was not accepted – IOC took possession of the petroleum outlet and new dealer was
MADHYAMAM BROADCASTING LIMITEDversusUNION OF INDIA & ORS.
Case No.: CIVIL APPEAL No. 8129/2022
Decision Date: 05-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC324

D.Y. CHANDRACHUD*, HIMA KOHLI LIMITED v. UNION OF INDIA & ORS. (Civil Appeal No. 8129 of 2022) APRIL 05, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND HIMA KOHLI, J.] Constitution of India – Art. 19(1)(a) and 19(2) – Freedom of Speech and Expression – Freedom of Press – Reasonable Restriction a news and current affairs television channel called “Media One” – MIB revoked the permission that was granted to uplink and downlink ‘Media One’ because of the denial of a security clearance – Appellants initiated proceedings under Article 226 of the
MAHARASHTRA STATE FINANCIAL CORPORATION EXEMPLOYEES ASSOCIATION & ORS.versusSTATE OF MAHARASHTRA & ORS.
Case No.: CIVIL APPEAL No. 778/2023
Decision Date: 02-02-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC96

ANIRUDDHA BOSE*, S. RAVINDRA BHAT Service Law– Pay revision – Application of Fifth Pay Commission to the employees of Maharashtra State Financial Corporation with effect from retrospective cut-off date, but limited to only existing employees in service as on the date of implementation (including retirees, legal representatives of those who had expired, and those who had availed of voluntary retirement scheme) who were in service as on the retrospective cut-off date, but not on the date of implementation, filed writ petition complaining of discrimination – Held:
JINI DHANRAJGIR & ANRversusSHIBU MATHEW & ANR. ETC.
Case No.: CIVIL APPEAL No. 3758/2023
Decision Date: 16-05-2023
Disposal: Dismissed
Neutral Citation: 2023INSC544

A.S. BOPANNA*, DIPANKAR DATTA Code of Civil Procedure, 1908 : s. 47, Ord. XXI r. 97 – Execution of decrees– Resistance to delivery of possession to decree- holder or purchaser – Original plaintiff filed suit for declaration of title and recovery of possession against the defendants – Suit decreed in and the defendants directed to put the plaintiff in possession of the suit property – In appeal, decree modified to the extent of paying compensation to defendants in lieu of part-payment of purchase consideration made by defendant no. 1 and thereafter, the defendants would surrender the
TATA SONS PVT LTD (FORMERLY TATA SONS LTD)versusSIVA INDUSTRIES AND HOLDINGS LTD & ORS
Case No.: MISCELLANEOUS APPLICATION No. 2680/2019
Decision Date: 05-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC13

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA Arbitration and Conciliation Act, 1996: s. 29A (as amended) – Time limit for arbitral award – Time limit of under the amended s. 29A (1) for passing an arbitral award – Applicability of, to international commercial arbitrations – Held: Timeline of twelve months for making an arbitral award is not applicable to ‘international commercial arbitrations’ – In terms of the
M/S IVECO MAGIRUS BRANDSCHUTZTECHNIK GMBHversusNIRMAL KISHORE BHARTIYA & ANR
Case No.: CRIMINAL APPEAL No. 1959/2012
Decision Date: 05-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC880

BELA M. TRIVEDI*, DIPANKAR DATTA HEADNOTES Issue for consideration: (i) Whether, while considering a private complaint alleging defamation, the Magistrate before summoning the accused ought to confi ne himself to the allegations forming part of the petition only or he may, applying the exceptions to s.499, IPC, dismiss the complaint holding that the facts alleged do not make out a case of defamation? (ii) Whether and, if at all, to what extent, is it open to the High Courts to exercise inherent power saved by s.482, Cr. PC to quash proceedings for defamation by setting
STATE OF KARNATAKA LOKAYUKTA POLICEversusS. SUBBEGOWDA
Case No.: CRIMINAL APPEAL No. 1598/2023
Decision Date: 03-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC669

ANIRUDDHA BOSE*, BELA M. TRIVEDI HEADNOTES Issues for consideration: (i) Whether the High Court in exercise of its powers u/s. 482 of CrPC could have discharged the respondent-accused from the charges levelled against him for the off ences u/s. 13(1)(e) punishable u/s. 13(2) of the said Act, despite the fact that pressed for his second application for discharge by submitting the Memo dated 02.12.2014 and despite the fact that after framing of the charge by the Special Court on 23.12.2014, the trial had proceeded further and the prosecution had examined 17 witnesses in support of its case? (ii) Whether the
M/S. JERMYN CAPITAL LLC DUBAIversusCENTRAL BUREAU OF INVESTIGATION & ORS.
Case No.: CRIMINAL APPEAL No. 1434/2023
Decision Date: 09-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC509

KRISHNA MURARI*, SANJAY KUMAR Code of Criminal Procedure, 1973 – s.102 – Freeze orders and bank guarantee in furtherance there of were imposed against the appellant company on grounds of necessity of investigation of an alleged crime initiated against one ‘D’ allegedly connected to the appellant company an employee/ share holder/director or a key managerial person in the appellant company – Since ‘D’ was in no way connected to the appellant company, the trial faced by him, was in his individual capacity, and not vicariously on behalf of the appellant company – No
COMMISSIONER OF CUSTOMS (IMPORTS), MUMBAIversusM/S GANPATI OVERSEAS THROUGH ITS PROPRIETOR SHRI YASHPAL SHARMA & ANR.
Case No.: CIVIL APPEAL No. 4735/2009
Decision Date: 06-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC881

B.V. NAGARATHNA*, UJJAL BHUYAN HEADNOTES Issue for consideration: Whether the tribunal was justifi ed in holding that enhancement of value of the imported goods and the penalties imposed by the Commissioner of Customs on the sustained and consequently in setting aside the same. Customs Act, 1962 – 14 – Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 – r. 4, 8, 5, 6 and 7 – Transaction value of imported goods – Determination of – Allegations of under-
VISHNU KUMAR SHUKLA & ANRversusTHE STATE OF UTTAR PRADESH & ANR
Case No.: CRIMINAL APPEAL No. 3618/2023
Decision Date: 28-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1026

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: Whether the order passed by the High Court refusing to discharge the accused in a criminal case and quashing an FIR calls for interference. Code of Criminal Procedure, 1973 – ss. 239-240 – Trial of warrant- cases Application for discharge – Permissible extent of scrutiny – On facts, refusal of the High Court to discharge the accused- appellant in a criminal case and quash an FIR – Interference with: Held: Case for interference made out – There is no suspicion, much less strong or
N. RAMKUMARversusTHE STATE REP. BY INSPECTOR OF POLICE
Case No.: CRIMINAL APPEAL No. 2006/2023
Decision Date: 06-09-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC812

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: Appellant in fi t of rage, dashed head of the victim against the wall, resulting in death of victim. Appellant convicted u/s. 302 IPC and sentenced to undergo life imprisonment. Whether judgment, order and sentence passed by the Sessions Court and affi rmed by rmed or the sentence is to be converted and punishment to be awarded u/s. 304 of IPC and if so, which part of s.304 IPC? Penal Code, 1860 – s.302 and 304 Part II – Limited question before the Supreme Court regarding the affi rmation of sentence u/s. 302 IPC or conversion of sentence
PREMCHANDversusTHE STATE OF MAHARASHTRA
Case No.: CRIMINAL APPEAL No. 211/2023
Decision Date: 03-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC207

S. RAVINDRA BHAT*, DIPANKAR DATTA Penal Code,1860 – ss. 300,302 307 and 304 – The trial Court convicted the appellant for the offence of murder of the victim- deceased and attempt to murder three others – The judgment of the trial Court was challenged by the appellant by preferring appeal before the High Court On appeal, held: The trial court and the High Court did not consider written Statement (Ext. 96) of the appellant u/s 313(5) Cr.P.C. in its entirety, non-consideration of the same has made the conviction vulnerable to interference – Trial Court failed to appreciate the defence version
PAVANA DIBBURversusTHE DIRECTORATE OF ENFORCEMENT
Case No.: CRIMINAL APPEAL No. 2779/2023
Decision Date: 29-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1029

ABHAY S. OKA*, PANKAJ MITHAL HEADNOTES Issue for consideration: Whether the off ence u/s.120B, IPC included in Paragraph 1 of the Schedule to the Prevention of Money Laundering Act, 2002, can be treated as a scheduled off ence even if the criminal conspiracy alleged is to commit an off ence which is not a part Prevention of Money Laundering Act, 2002 – Paragraph 1 of the Schedule – Penal Code, 1860 – s.120B – Appellant purchased the fi rst property from Alliance Business School and the second property from accused no.1 against whom an FIR was registered alleging that he
K. HYMAVATHIversusTHE STATE OF ANDHRA PRADESH & ANR.
Case No.: CRIMINAL APPEAL No. 2743/2023
Decision Date: 06-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC811

A.S. BOPANNA*, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: High Court if justifi ed in quashing the criminal proceedings fi led by appellant against respondent No.2-accused u/ss.138 and 142 of the Negotiable Instruments Act, 1881 holding that it was a fi t case for quashing since the complaint fi led seeking prosecution recoverable debt. Negotiable Instruments Act, 1881 – Debt if legally enforceable – Exercise of power u/s. 482, CrPC – Scope: Held: Whether the debt in question is a legally enforceable debt or other liability would arise on the facts and circumstance of each case and in that
KISHORE BALKRISHNA NANDversusSTATE OF MAHARASHTRA & ANR.
Case No.: CRIMINAL APPEAL No. 2291/2011
Decision Date: 02-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC675

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						 KISHORE BALKRISHNA NAND versus STATE OF MAHARASHTRA & ANR. - [2023] 11 S.C.R. 342023 INSC 675 J.B. PARDIWALA, MANOJ MISRA HEADNOTES Issue for consideration : Whether the allegations made in the complaint in the good faith addressed to the lawful authority-Sub Divisional Magistrate, make out an off ence of defamation under Section 500 IPC or not. Penal Code, 1860 – s.499, eighth exception, s. 500 in good faith – When not defamation: Held : Accusation in the complaint preferred in good faith against any person, to a person in lawful authority with regard to the subject-matter of accusation, is not a defamation – By perusing the allegations made in the complaint, no case for
E.S.I. CORPORATION, REP. BY THE REGIONAL DIRECTORversusM/S. ENDOCRINOLOGY AND IMMUNOLOGY LAB
Case No.: CIVIL APPEAL No. 3368/2012
Decision Date: 02-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC665

HIMA KOHLI*, RAJESH BINDAL HEADNOTES Issue for consideration : Date from which the respondent establishment, a pathological laboratory will be covered under the Employees’ State Insurance Act, 1948. Employees’ State Insurance Act, 1948 – s.1(5) – Notifi cation in terms of the power conferred u/s.1(5) –High Court held that the provisions of the 1948 Act will be applicable to the respondent w.e.f. 06.09.2007 and not from 22.11.2002 – Legality: Held : Respondent would be covered under the Act in terms of the Notifi cation dtd.06.09.2007 issued
AMD INDUSTRIES LIMITED (EARLIER KNOWN AS M/S. ASHOKA METAL DECOR PVT. LTD.)versusCOMMISSIONER OF TRADE TAX, LUCKNOW & ANR
Case No.: CIVIL APPEAL No. 108/2013
Decision Date: 09-01-2023
Disposal: Dismissed
Neutral Citation: 2023INSC20

M.R. SHAH*, KRISHNA MURARI U.P Trade Tax Act – s.4-A(5) – Whether for the goods, manufactured by use of modern technologies can be said to be “diversification”, and manufacturing of the goods of a nature different from the goods manufactured earlier if entitles exemption from trade tax provided u/s.4-A(5) – Held: In case of “diversification” the goods manufactured by diversification shall be different from the goods manufactured before such diversification – In the present case, the earlier product being manufactured by the
Y. BALAJIversusKARTHIK DESARI & ANR. ETC.
Case No.: CRIMINAL APPEAL No. 1671/2023
Decision Date: 16-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC542

KRISHNA MURARI*, V. RAMASUBRAMANIAN Prevention of Money Laundering Act, 2002 – ss.3, 2(1)(u) – Offence of Money Laundering – Prevention of Corruption Act, 1988 – Jobs-for-cash scam in the State of Tamil Nadu – Whether without identifying the proceeds of crime/a of crime and any process or activity connected to proceeds of crime as required by s.3, which constitute the foundational/ jurisdictional fact, can ED initiate an investigation and issue summons – Held: All the three FIRs alleged that the accused had committed offences included in the
HARYANA POWER PURCHASE CENTREversusSASAN POWER LTD. & ORS
Case No.: CIVIL APPEAL No. 11826/2018
Decision Date: 06-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC326

K.M. JOSEPH*, B.V. NAGARATHNA Electricity Laws – Appellate Tribunal for Electricity (APTEL) and Central Electricity Regulatory Commission (CERC), if empowered to disregard the express words of a contract and create a new bargain – Held: In a case where the matter is governed by express terms of the contract, it may the Central Electricity Regulatory Commission even donning the garb of a regulatory body to go beyond the express terms of the contract – While it may be open for a regulation to extricate a party from its contractual obligations, in the course of its adjudicatory power it may not be open
NITISHA AND OTHERSversusUNION OF INDIA AND OTHERS
Case No.: MISCELLANEOUS APPLICATION No. 1913/2022
Decision Date: 03-11-2023
Disposal: Disposed off
Neutral Citation: 2023INSC985

D.Y. CHANDRACHUD*, J.B. PARDIWALA, MANOJ MISRA HEADNOTES Issue for consideration: The issue pertains to the women offi cers of the Indian Army, who were granted Permanent Commission in pursuance of the judgment of this Court in and Others vs Union of India and Others, are aggreived by the non-empanelment for promotion to the rank of Colonel by selection. Armed forces – Women offi cers – Promotion to the rank of Colonel by selection – Women offi cers granted Permanent Commission-PC pursuant to
DR NARENDRA GUPTAversusUNION OF INDIA & ORS.
Case No.: WRIT PETITION (CIVIL) No. 131/2013
Decision Date: 05-04-2023
Disposal: Directions issued
Neutral Citation: 2023INSC322

D.Y. CHANDRACHUD*, J.B. PARDIWALA COURT REPORTS [2023] 6 S.C.R. DR NARENDRA GUPTA v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 131 of 2013) APRIL 05, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND J. B. PARDIWALA, J.] Directions by Supreme Court – Unnecessary Hysterectomies – Constitution of India – of unnecessary hysterectomies being performed under various government healthcare schemes in various States – Petitioner has brought to Supreme Court’s notice the fact that women, who should not have been subjected to hysterectomies and to whom alternative treatment could have been
KAMALversusSTATE (NCT OF DELHI)
Case No.: CRIMINAL APPEAL No. 465/2017
Decision Date: 07-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC678

BHUSHAN RAMKRISHNA GAVAI*, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration : In a prosecution case where father was found dead by the complainant-brother of the deceased, and suspicion arose on the son of the deceased on account of the property dispute between the father and the son, and the son fl ed from the scene of incident and later, whether the courts below were justifi ed in convicting the son u/s. 302/34 IPC and sentencing him to rigorous imprisonment for life. Penal Code, 1860 – s. 302 r/w 34 – Murder – Circumstantial evidence and last seen theory – Conviction on basis of, by the courts
SHAKEEL AHMEDversusSYED AKHLAQ HUSSAIN
Case No.: CIVIL APPEAL No. 1598/2023
Decision Date: 01-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1016

VIKRAM NATH*, RAJESH BINDAL HEADNOTES Issue for consideration: High Court whether justifi ed in affi rming the judgment of the Trial Court whereby it decreed the suit for possession and mesne profi ts fi led by the respondent with respect to the property in question on the basis of unregistered documents namely a Power to sell, an affi davit and a will. Deeds and Documents– Unregistered documents – Title with respect to immovable properties, if could be transferred on the basis of unregistered documents: Held: No title could be transferred with respect to immovable properties on the basis of an
SIVAMANI AND ANR.versusSTATE REPRESENTED BY INSPECTOR OF POLICE, VELLORE TALUK POLICE STATION, VELLORE DISTRICT
Case No.: CRIMINAL APPEAL No. 3619/2023
Decision Date: 28-11-2023
Disposal: Disposed off
Neutral Citation: 2023INSC1027

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: Victims sustained simple injuries. Whether Courts below were justifi ed in convicting appellants u/s. 307 IPC. Penal Code, 1860 – ss. 323, 324 and 307 – Trial Court Nos.3 and 4) u/s. 307, IPC and sentenced to 10 years’ rigorous imprisonment – High Court reduced the imprisonment from 10 years to 5 years – Propriety: Held: PW1 and accused no.1 had a dispute concerning a lane between their houses – A civil case regarding the same was
STATE BANK OF INDIA & ORSversusKAMAL KISHORE PRASAD
Case No.: CIVIL APPEAL No. 175/2023
Decision Date: 09-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC21

KRISHNA MURARI*, BELA M. TRIVEDI Service Law – SBIOSR, 1992 – Rules 19(1) & 19(3) – Dismissal from Service – Respondent was dismissed from service as per order dated 11.08.1999 by the Appointing Authority – Writ petition by the respondent – Single Bench of the High Court by order dated the High Court stayed the operation of order passed by the Single Bench, however, finally the LPA was dismissed on 22.04.2010 – Meanwhile, respondent attained the age of superannuation on 30.11.2009 – SLP filed by the appellant-bank was allowed with the direction to the Appointing
ASHWINI KUMAR UPADHYAYversusUNION OF INDIA AND ANOTHER
Case No.: WRIT PETITION (CIVIL) No. 967/2017
Decision Date: 02-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC94

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA, J.B. PARDIWALA Representation of the People Act, 1951: s. 33(7) – Constitutional validity of –s. 33(7) permitting person to contest from more than one constituency for the same office simultaneously – Plea that a person should not from more than one seat at a time – Held: Such relief cannot be granted – Permittinga candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy – Thisis a matter where
VINOD KUMAR & ORS.versusDISTRICT MAGISTRATE MAU & ORS.
Case No.: CIVIL APPEAL No. 5107/2022
Decision Date: 07-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC606

BHUSHAN RAMKRISHNA GAVAI*, J.B. PARDIWALA National Highways Authority Act, 1956: s. 3H – Deposit and payment of amount – Compulsory acquisition – Apportionment of compensation – Land of the appellants acquired for public purpose – Determination of the compensation payable to landowners by the Special Land of the compensation between themselves and the appellants – Competent authority, SLAO determined the shares of parties in the subject land and the appellants were satisfied with the same – However, the respondents challenged the same before the District Magistrate by
VISHAL CHELANI & ORS.versusDEBASHIS NANDA
Case No.: CIVIL APPEAL No. 3806/2023
Decision Date: 06-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC913

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: The decision of the National Company Law Appellate Tribunal that the home buyer as benefi ciary of a decree by the Uttar Pradesh Real Estate Regulatory Authority, the order of the Resolution Professional proposing that they be treated diff erently from other home challenge. Insolvency and Bankruptcy Code, 2016 – s.5(8)(f) explanation – Financial Creditor – Home buyers allottees in real estate project who secured the decree from the Real Estate Regulatory Authority for a refund of their investment, if could be treated as fi nancial
ROHIT CHAUDHARY & ANR.versusM/S VIPUL LTD.
Case No.: CIVIL APPEAL No. 5858/2015
Decision Date: 06-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC807

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: The interpretation of the word and expression “Commercial Purpose” defi ned u/s. 2(1)(d) of the Consumer Protection Act, 1986. Consumer Protection Act, 1986 – ‘Commercial purpose’ – Not defi ned in the Act – The (Amendment) Act 50 of 1993: Held: The expression ‘commercial purpose’ has not been defi ned under the Act – In the absence thereof one have to go by its ordinary meaning – ‘Commercial’ denotes “pertaining to commerce”; it means
SHYAM KUMAR GUPTA & ORS.versusSHUBHAM JAIN
Case No.: CIVIL APPEAL No. 765/2023
Decision Date: 02-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC98

DINESH MAHESHWARI*, BELA M. TRIVEDI Provincial Small Cause Courts Act, 1887 – s.17 r/w Or. IX, r.13 of CPC – Court of Small Causes – Application for setting aside ex-parte decree – Maintainability – Requirement u/s. s.17 of the Act of 1887 of depositing the amount due and payable under the decree at the aside ex-parte decree – Respondent, purported owner of a shop, filed suit against the predecessor of appellants, who was a tenant in the shop – The suit was for recovery of arrears of rent and for eviction on ground of default in payment of rent – Trial Court decreed the