Hibbaan/DIVYADRISHTI huggingface dataset:
GOVT. OF NCT OF DELHI & ANR.versusSH. NARENDER & ANR.
Case No.: CIVIL APPEAL No. 740/2023
Decision Date: 09-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC108

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 – Relying upon the decision of Supreme Court in the case of Pune Municipal Corporation, the High Court declared that the land acquisition proceedings initiated under the Act, 1894 of the subject land is deemed to have lapsed under s.24(2) of the Act, 2013 – Decision in the case of Pune Municipal Corporation has been specifically overruled by the Constitution Bench decision in the case of
HAJI ABDUL GANI KHAN & ANR.versusUNION OF INDIA & ORS.
Case No.: WRIT PETITION (CIVIL) No. 237/2022
Decision Date: 13-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC124

SANJAY KISHAN KAUL*, ABHAY S. OKA Constitution of India – Arts.170 and 239A – Jammu and Kashmir Reorganisation Act, 2019 – s.13 – Art. 170 forming part of Chapter III of Part VI of the Constitution under the title “The State Legislature” – Issue of applicability of Art.170 to the Union Held: As far as the Legislative Assembly of the Union territory of J&K is concerned, Art.170 will have no application as it forms a part of Chapter III of Part VI which deals with only the State Legislature – It has no application to the Legislatures of Union Territories – The
IRFAN @ NAKAversusTHE STATE OF UTTAR PRADESH
Case No.: CRIMINAL APPEAL No. 825/2022
Decision Date: 23-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC758

BHUSHAN RAMKRISHNA GAVAI*, J.B. PARDIWALA, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Whether the prosecution could be said to have proved its case beyond reasonable doubt against the appellant who was convicted for off ence punishable u/ss.302, 436 and 326-A, IPC and sentenced to death, for allegedly setting his son and his real brothers on fi dying declarations. Evidence – Dying declarations – Sole basis of conviction – When not justifi ed – Appellant had strained relationship with his son (victim- deceased) from his first marriage and his two brothers (victims- deceased), all of whom, as per the prosecution,
SURESH LATARUJI RAMTEKEversusSAU. SUMANBAI PANDURANG PETKAR & ORS.
Case No.: CIVIL APPEAL No. 6070/2023
Decision Date: 21-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC846

BHUSHAN RAMKRISHNA GAVAI*, SANJAY KAROL HEADNOTES Issue for consideration: Whether in the absence of aff ording adequate opportunity of hearing to the parties on addressing the framed substantial questions of law, the High Court could have proceeded to decide the same in an appeal u/s.100, CPC particularly, of fact rendered by two Courts, were sought to be reversed; and further, whether without summoning and perusing the trial record, fi ndings of fact could have been reversed by High Court in exercise of its appellate jurisdiction u/s.100, CPC. Code of Civil Procedure, 1908 – s.100 –
MANIK MAJUMDER AND OTHERSversusDIPAK KUMAR SAHA (DEAD) THROUGH LRS. & OTHERS
Case No.: CIVIL APPEAL No. 2965/2022
Decision Date: 13-01-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC34

M.R. SHAH*, B.V. NAGARATHNA* Registration Act, 1908 – ss. 32, 33 and 60 – Execution of sale deed on the strength of a deed of Power of Attorney – Non- production of the deed of power of attorney – Effect of, to the case of plaintiff in the suit – (PoA) executed outside India – Presumption as to correctness of the PoA – On facts, PoA allegedly executed in East Pakistan by the original owner in favour of respondent No. 2 – Respondent No. 2 thereafter executed two sale deeds transferring the suit property firstly in his
PREM KISHORE & ORS.versusBRAHM PRAKASH & ORS
Case No.: CIVIL APPEAL No. 1948/2013
Decision Date: 29-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC317

SUDHANSHU DHULIA*, J.B. PARDIWALA Code of Civil Procedure, 1908 – s. 11, Or. 7 R. 11, Or, 9 R. 8, Or. 17 R. 3 – Delhi Rent Control Act, 1958 – s. 14(1)(a) – The landlord (original plaintiff) filed an eviction petition against the respondent (tenant) – The respondent filed the written statement and and tenant – Thereafter, the landlord failed to appear before the Rent Controller for the purpose of establishing the relationship of landlord and tenant between the parties – Rent controller proceeded to dismiss the eviction petition and the same was not challenged by way of
DELHI DEVELOPMENT AUTHORITYversusAMIT JAIN & ORS
Case No.: CIVIL APPEAL No. 1360/2023
Decision Date: 24-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC169

M.R. SHAH*, C.T. RAVIKUMAR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court allowed the writ petition and declared that the entire acquisition with respect to the suit land is deemed to have lapsed u/ s.24(2) – It was the Land Acquisition Collector (LAC) that the physical possession of the lands in question was duly taken over by the Government except the 3 biswa land comprised in Khasra No. 17/1/1 which was not taken due to built- up – Held: – Original writ petitioners disputed the actual taking over
KAUSHAL KISHORversusSTATE OF UTTAR PRADESH & ORS.
Case No.: WRIT PETITION (CRIMINAL) No. 113/2016
Decision Date: 03-01-2023
Disposal: Reference answered
Neutral Citation: 2023INSC4

S. ABDUL NAZEER*, BHUSHAN RAMKRISHNA GAVAI*, A.S. BOPANNA, V. RAMASUBRAMANIAN, B.V. NAGARATHNA Constitution of India – Arts. 19(1)(a) and 19(2) – Are the grounds specified in Article 19(2) in relation to which reasonable restrictions on the right to free speech can be imposed by law, exhaustive, or can restrictions on the right to free speech not found in Article 19(2) by invoking other fundamental rights – Held: The grounds lined up in Art.19(2) for restricting the right to free speech are exhaustive – Under the guise of invoking other fundamental rights or under the guise of two fundamental rights staking a competing
SURESH THIPMPPA SHETTYversusTHE STATE OF MAHARASHTRA
Case No.: CRIMINAL APPEAL No. 1541/2010
Decision Date: 26-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC749

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: Appellants-accused (A4 and A2) were convicted u/s.302, s.120B, IPC and sentenced accordingly. Whether High Court was justifi ed in dismissing the appeals fi led by them and upholding their conviction. Administration of Criminal Justice to the involvement of the appellants in the crime – Conviction unsustainable: Held: There is suffi cient material on record giving rise to reasonable doubt as to the involvement of the appellants in the crime – Appellants were able to poke holes in the testimonies of PW1, PW2 and PW7
IN RE: ARTICLE 370 OF THE CONSTITUTIONversus.
Case No.: WRIT PETITION (CIVIL) No. 1033/2019
Decision Date: 11-12-2023
Disposal: Disposed off
Neutral Citation: 2023INSC1058

D.Y. CHANDRACHUD*, SANJAY KISHAN KAUL*, SANJIV KHANNA*, BHUSHAN RAMKRISHNA GAVAI, SURYA KANT HEADNOTES Issues for consideration: Article 370 of the Constitution of India incorporated special arrangements for the governance of the State of Jammu and Kashmir. The President issued Constitutional Orders 272 and 273 during under Article 356(1)(b) which orders had the eff ect of applying the entire Constitution of India to the State of Jammu and Kashmir and abrogating Article 370. Contemporaneously, the Parliament enacted the Jammu and Kashmir Reorganisation Act 2019 which bifurcated the State into two
THE STATE OF TELANGANA & ORS.versusM/S TIRUMALA CONSTRUCTIONS
Case No.: CIVIL APPEAL No. 1628/2023
Decision Date: 20-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC942

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: The Constitution (101st Amendment) Act, 2016, introduces a fundamental re-ordering of the constitutional premise of taxation by the Union and State Governments in India. It is the framework to enable the introduction of the Goods These batch of appeals arise from judgments delivered by the Telangana, Gujarat and Bombay High Court. The concerned States (Telangana and Gujarat) have appealed aggrieved by the judgments. The assessee petitioners are appellants, and are aggrieved by the judgments of Bombay High Court.
G. VIKRAM KUMARversusSTATE BANK OF HYDERABAD & ORS.
Case No.: CIVIL APPEAL No. 3152/2023
Decision Date: 02-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC475

M.R. SHAH*, C.T. RAVIKUMAR COURT REPORTS [2023] 5 S.C.R. [2023] 5 S.C.R. 624 624 G. VIKRAM KUMAR v. STATE BANK OF HYDERABAD & ORS. (Civil Appeal Nos.3152–3153 of 2023) MAY 02, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ. ] Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Bank against the borrower and attachement of the properties of the borrower – Tribunal allowed the Bank to go ahead with the sale excluding seven flats identified by the borrower – However, Flat No.6401 was not amongst the said seven flats – Borrower entered into an agreement
M/S INDIAN OIL CORPORATION LIMITEDversusV. B. R. MENON & OTHERS
Case No.: CIVIL APPEAL No. 421/2022
Decision Date: 14-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC231

SUDHANSHU DHULIA*, J.B. PARDIWALA National Green Tribunal Act, 2010 – ss. 14, 15, 25, 26, 27, 28, 29, 30(1)(b), 36 – Environment (Protection) Act, 1986 – s. 2(a), 3(3), 5, 5A – National Green Tribunal (Practices and Procedures) Rules, 2011 – Rule 24 – Water (Prevention and Control of Pollution) of Pollution) Act, 1981 – s. 21 – The Principle Bench of the NGT in the O.A.No.147 of 2016 issued directions to install Stage-I and Stage-II vapour recovery devices (VRD) at all fuel stations, distribution centers, terminals, railway loading/unloading facilities and airports in
NATIONAL CAPITAL TERRITORY OF DELHI & ANR.versusSUBHASH CHANDER KHATRI & ORS.
Case No.: CIVIL APPEAL No. 1353/2023
Decision Date: 24-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC170

M.R. SHAH*, C.T. RAVIKUMAR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. allowed the writ petition and declared that the acquisition proceedings initiated w.r.t the subject land are deemed to have lapsed – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench of Supreme Court in Indore Development Authority
HASMUKHLAL MADHAVLAL PATEL AND ANR.versusAMBIKA FOOD PRODUCTS PVT. LTD. AND ORS.
Case No.: CIVIL APPEAL No. 8194/2018
Decision Date: 15-06-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC582

K.M. JOSEPH*, B.V. NAGARATHNA Companies Act, 1956 – s. 2(32), 81, 81(1A), 81(3), 397, 398 – Companies Act, 1913 – s. 105-C – First respondent is a private limited company having authorised capital of Rs.1 crore – There are three groups i.e. HMP, S and VPP – Appellant nos. 1 and 2 described of the paid up share capital – ‘S’ Group represented by respondent nos. 4 & 5 had 45 per cent share and ‘VPP’ Group represented by respondent nos. 2 & 3 had 24.20 percentage in the paid-up capital – In response to the proposal for a term-loan made by
PALLAVIversusUNION OF INDIA & ORS.
Case No.: WRIT PETITION (CIVIL) No. 642/2023
Decision Date: 01-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC782

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: The petitioner-foreign national, challenges the rejection of candidature to a Post graduate medical seat when she was allowed to appear in the NEET mains as Overseas Citizen of India Card cardholder, wherein she participated in the mock rounds and was allotted in AIIMS, however, just before the fi rst round of counselling she was informed that she would be treated as an Indian national and not as a foreign national. Education/Educational institutions – Medical education – Admission to post graduate courses – Foreign national
NTPC LTD.versusM/S SPML INFRA LTD
Case No.: CIVIL APPEAL No. 4778/2022
Decision Date: 10-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC334

D.Y. CHANDRACHUD*, PAMIDIGHANTAM SRI NARASIMHA COURT REPORTS [2023] 2 S.C.R.[2023] 2 S.C.R. 846 846 NTPC LTD. v. M/S SPML INFRA LTD. (Civil Appeal No. 4778 of 2022) APRIL 10, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND PAMIDIGHANTAM SRI NARASIMHA, J.] Arbitration and Conciliation Act 1996 : s. 11(6) – Constitution of arbitral tribunal the final payment – However, NTPC withheld SPML’s Bank Guarantees with respect to other projects – In turn, SPML raised a claim against NTPC, and thereafter, filed writ petition seeking release the Bank Guarantees – During pendency, the parties arrived at a Settlement
COMMISSIONER OF CENTRAL EXCISE, ALLAHABADversusM/S J.R. ORGANICS LTD.
Case No.: CIVIL APPEAL No. 8502/2009
Decision Date: 01-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC183

S. RAVINDRA BHAT*, DIPANKAR DATTA Central Excise Rules, 1994 – r. 6(p)(ii) – Determining the value of the spirit –Respondent was engaged in the manufacture of organic chemicals and for which purpose it was necessary to procure specially denatured spirits from its unit at Kaptanganj – The dispute arose had, for the purpose of determining the value of the spirit, determined the highest rate of the denatured spirit prevalent at another unit on the specific date – Aggrieved by it, the respondent approached Customs Excise & Services Tax Appellate Tribunal, which allowed the plea of
OFFICE OF THE ODISHA LOKAYUKTAversusDR. PRADEEP KUMAR PANIGRAHI AND OTHERS
Case No.: CIVIL APPEAL No. 1384/2023
Decision Date: 23-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC154

AJAY RASTOGI*, BELA M. TRIVEDI Odisha Lokayukta Act, 2014 – s.20(1), 25, 28 – Order passed by the appellant, in exercise of power conferred u/s.20(1), directing to conduct preliminary inquiry against respondent no.1 – Set aside by High Court the impugned order setting aside the order of the appellantwithout affording it an opportunity of hearing and thus, is in violation of the principles of natural justice – Even on merits, High Court completely overlooked s.20(1) that empowers the Lokayukta, on receipt of a complaint, in
DELHI DEVELOPMENT AUTHORITYversusBEENA GUPTA (D) THROUGH LRS. & ORS.
Case No.: CIVIL APPEAL No. 9287/2022
Decision Date: 16-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC47

M.R. SHAH*, C.T. RAVIKUMAR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Lapse of acquisition – On facts, the subject land was acquired in the year 2007 by drawing panchnama – Same land was sold to the respondent no. 1 in 2010 by the respondent-original writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) on the ground that the compensation was not paid – High Court allowed the petition – On appeal, held: Subsequent purchaser had no
BHUPINDER SINGHversusUNITECH LIMITED
Case No.: CIVIL APPEAL No. 10856/2016
Decision Date: 23-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC283

D.Y. CHANDRACHUD*, M.R. SHAH COURT REPORTS [2023] 4 S.C.R.[2023] 4 S.C.R. 950 950 BHUPINDER SINGH v. UNITECH LIMITED (I.A. Nos. 88960 of 2020 & 47525 of 2021) In (Civil Appeal No. 10856 of 2016) MARCH 23, 2023 [DR. D. Y. CHANDRACHUD, CJI AND M. R. SHAH, J.] Doctrines/Principles – Principle of Restitution – came to be confirmed in favour of ‘DGS’ – As per ‘UL’, since it was the absolute owner of the land in question therefore entitled to the entire sale consideration however, it received only a part of it and the balance amount was ordered to be paid to the respondents
URBAN IMPROVEMENT TRUST, BIKANERversusGORDHAN DASS (D) THROUGH LRS. & OTHERS
Case No.: CIVIL APPEAL No. 8411/2014
Decision Date: 19-10-2023
Disposal: Matter referred to larger bench
Neutral Citation: 2023INSC935

HRISHIKESH ROY*, MANOJ MISRA* HEADNOTES Issue for consideration: Whether land acquisition proceedings can be declared null and void for failure to give notice u/s.52(2) of the Rajasthan Urban Improvement Act, 1959 to the owners who had purchased the land two years earlier through registered the initiation of the land acquisition proceedings, even though the name of original khatedaar was refl ected in the Revenue records; whether the civil court has jurisdiction to grant injunction as s. 207 of the Rajasthan Tenancy Act, 1955 bars jurisdiction of civil court in respect of
SHAH NEWAZ KHAN & ORS.versusSTATE OF NAGALAND & ORS
Case No.: CIVIL APPEAL No. 1497/2023
Decision Date: 28-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC176

HRISHIKESH ROY*, DIPANKAR DATTA Code of Civil Procedure, 1908 – ss.24, 25 – Constitution of India – Arts. 214, 231 – Suit – Transfer of – Appellant-plaintiff moved an application u/s. 24 of CPC before the Gauhati High Court (Common High Court for the states of Assam, Nagaland and two other of a suit filed by appellant in the court of the District Judge, Dimapur, Nagaland to the court of the District Judge at Gauhati, Assam – High Court rejected the transfer application – In appeal before the Supreme Court, issue was: Is the Supreme Court the sole repository of power
THE ESI CORPORATIONversusM/S. RADHIKA THEATRE
Case No.: CIVIL APPEAL No. 312/2023
Decision Date: 20-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC60

M.R. SHAH*, C.T. RAVIKUMAR Employees State Insurance Act, 1948 – s.1(6) (inserted w.e.f. 20.10.89) – Whether w.r.t the demand notices post 20.10.89, a factory or an establishment established prior to 20.10.89 shall be governed by the ESI Act notwithstanding the number of persons employed therein – Held: establishments/factories engaging more than 20 employees were governed by the ESI Act – However, after sub-section (6) of s.1 was inserted on 20.10.89, under the amended provision a factory or establishment to which ESI Act applies would be governed by the ESI Act notwithstanding that
MANOJ KUMAR SONIversusTHE STATE OF MADHYA PRADESH
Case No.: CRIMINAL APPEAL No. 1030/2023
Decision Date: 11-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC705

S. RAVINDRA BHAT*, DIPANKAR DATTA HEADNOTES Issue for consideration : Conviction of both the appellants-accused respectively u/s.411 and s.120-B, IPC was based largely upon disclosure statements made by them and the co-accused, unaccompanied by supporting evidence, if justifi ed Evidence – Disclosure any supporting evidence, to convict u/s.411 and s.120-B, IPC – If adequate: Held : No – Although disclosure statements hold signifi cance as a contributing factor in unriddling a case, they are not so strong a piece of evidence suffi cient on its own and without anything more to
RELIGARE FINVEST LIMITEDversusSTATE OF NCT OF DELHI & ANR.
Case No.: CRIMINAL APPEAL No. 2242/2023
Decision Date: 11-09-2023
Disposal: Disposed off
Neutral Citation: 2023INSC819

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: Whether a transferee entity-a successor bank (DBS Bank) can be fastened with corporate criminal liability for the off ences which the amalgamating entity-the erstwhile Laxmi Vilas Bank (LVB) is accused of. Criminal Law – Corporate criminal liability – entity: Held: Criminal liability of a company cannot be transferred ipso facto, except when it is in the nature of penalty proceeding – Only defi ned legal proceedings are succeeded to by the transferee company, which is the DBS Bank in the instant case – Further, every scheme
MUNICIPAL COMMISSIONER, JAMNAGAR MUNICIPAL CORPORATION AND ANR.versusR. M. DOSHI
Case No.: CIVIL APPEAL No. 6069/2012
Decision Date: 02-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC474

M.R. SHAH*, J.B. PARDIWALA Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 – Rule 6 – Respondent was discharging his duty as city engineer of the appellant-Municipal corporation – Respondent was charged with irregularities in the execution of work and construction of roads Municipal Corporation passed a dismissal order against the respondent – Respondent challenged the dismissal order before the High Court, arguing that the Commissioner lacked the authority and jurisdiction – Appellant corporation submitted that under Resolution No.51, the commissioner
THE STATE OF HIMACHAL PRADESH & ORS.versusCHANDERVIR SINGH NEGI
Case No.: CIVIL APPEAL No. 1276/2023
Decision Date: 24-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC158

M.R. SHAH*, C.T. RAVIKUMAR Code of Civil Procedure, 1908: s.100 – Limitation Act, 1973 – Arts. 58, 72 – Second appeal – Framing of substantial question of law – Bar by limitation – Suit by the respondent for declaration, mandatory injunction and appellants to complete the acquisition proceedings – Respondent’s case that road was constructed on respondent’s land, no compensation was paid and non-compliance of the provisions of the Land Acquisition Act – Trial court dismissed the suit as barred by limitation – Flip viewPDF
ASSESSING OFFICER CIRCLE (INTERNATIONAL TAXATION) 2(2)(2) NEW DELHIversusM/S NESTLE SA
Case No.: CIVIL APPEAL No. 1420/2023
Decision Date: 19-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC928

S. RAVINDRA BHAT*, DIPANKAR DATTA HEADNOTES Issue for consideration: Whether there is any right to invoke the Most Favoured Nation (MFN) clause when the third country with which India has entered into a Double Tax Avoidance Agreement (DTAA) was not an Organisation for (OECD) member yet (at the time of entering into such DTAA); and whether the MFN clause is to be given eff ect to automatically or if it is to only come into eff ect after a notifi cation is issued. Income Tax Act, 1961– s.90– Agreement with foreign countries or specifi ed
BHUBANESWAR DEVELOPMENT AUTHORITYversusMADHUMITA DAS AND ORS.
Case No.: CIVIL APPEAL No. 3320/2023
Decision Date: 02-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC728

D.Y. CHANDRACHUD*, J.B. PARDIWALA COURT REPORTS [2023] 6 S.C.R. [2023] 6 S.C.R. 590 590 BHUBANESWAR DEVELOPMENT AUTHORITY v. MADHUMITA DAS AND ORS. (Civil Appeal No. 3320 of 2023) MAY 02, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI AND J B PARDIWALA, J.] Service Law – Dismissal from service – Cancellation of caste that she did not belong to a Scheduled Caste by birth and her marriage to a person belonging to a Scheduled Caste would not entitle her to benefit of the reservation for persons belonging to the caste of her spouse – Appellant passed an order dismissing the first respondent from the service
M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.versusSURESH CHAND JAIN & ANR.
Case No.: SPECIAL LEAVE PETITION (CIVIL) No. 5263/2023
Decision Date: 26-07-2023
Disposal: Disposed off
Neutral Citation: 2023INSC649

J.B. PARDIWALA*, MANOJ MISRA Constitution of India: Art. 136 – Special Leave to appeal – Order passed by the National Consumer Disputes Redressal Commission-NCDRC in exercise of its appellate jurisdiction u/s.58(1)(a)(iii) – Petition seeking special leave to appeal u/Art. 136 – available by way of writ petition u/Arts. 226 and 227 before the High Court – Held: Remedy of appeal to this Court is available only with respect to the orders passed by the NCDRC in exercise of its powers conferred by s. 21(a)(i) of the 1986 Act and s. 58(1)(a)(i) or s. 58(1)(a)(ii) of
JAIVEER SINGH AND OTHERSversusTHE STATE OF UTTARAKHAND AND OTHERS
Case No.: CIVIL APPEAL No. 7871/2023
Decision Date: 28-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC1024

BHUSHAN RAMKRISHNA GAVAI*, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Whether the High Court was justifi ed in holding that 18 months Diploma in Elementary Education-D.El.Ed conducted by National Institute of Open Schooling-NIOS through Open and Distance Learning-ODL mode is equivalent to the Diploma in elementary education as required under the Notifi cations of National Council for Teacher Education-NCTE. Right of Children to Free and Compulsory Education Act, 2009 – s. 23 – Qualifi cations for appointment and terms and conditions of service of teachers – Minimum