Hibbaan/DIVYADRISHTI huggingface dataset:
UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANOTHERversusADANI POWER (MUNDRA) LIMITED AND ANOTHER
Case No.: CIVIL APPEAL No. 2908/2022
Decision Date: 20-04-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC403

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH Electricity Laws : Change in Law –Inter Plant Transfer-IPT of coal, if qualifies as a Change in Law event – Respondent No.1- company entered into Power Project Agreements with the appellants- Haryana Utilities for supply of power – Respondent compensation on account of change in New Coal Distribution Policy, 2007 – Electricity Regulatory Commission- CERC allowed compensation towards certain ‘Change in Law’ events – However, the appellate tribunal held that the communication dated 19th June 2013 issued by Coal
C.I.T., DELHIversusBHARTI HEXACOM LTD.
Case No.: CIVIL APPEAL No. 11128/2016
Decision Date: 16-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC917

B.V. NAGARATHNA*, UJJAL BHUYAN HEADNOTES Issues for consideration: Whether the variable annual licence fee paid by the respondents- assessees to the Department of Telecommunications (DoT) under the New Telecom Policy of 1999 is revenue expenditure in nature and is to be allowed deduction under Section 37 of the Income Tax same is capital in nature and is accordingly required to be amortised under Section 35ABB of the Act; and Whether the High Court of Delhi was right in apportioning the licence fee as partly revenue and partly capital by dividing the licence fee into two periods, that is, before and after 31st
RAVI DHINGRAversusTHE STATE OF HARYANA
Case No.: CRIMINAL APPEAL No. 987/2009
Decision Date: 01-03-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC182

SANJAY KISHAN KAUL*, B.V. NAGARATHNA Penal Code, 1860 – ss.364A, 363 and 364 – Modification of conviction u/s.364A to s.363 – Appellants convicted u/ss.148, 364A r/w s.149, IPC – Sentenced to undergo rigorous imprisonment for 3 years u/s.148, rigorous imprisonment for life and fine u/s.364A r/w s.149 – has three components- kidnapping or abduction of a person and keeping them in detention; threat to cause death or hurt, and the use of kidnapping, abduction, or detention with a demand to pay the ransom; and when the demand is not met, then causing death – In the present case, there are two
AMOD KUMAR KANTHversusASSOCIATION OF VICTIM OF UPHAAR TRAGEDY AND ANR.
Case No.: CRIMINAL APPEAL No. 1359/2017
Decision Date: 20-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC397

English हिन्दी - Hindiਪੰਜਾਬੀ - Punjabiతెలుగు - Telugu 




 Disclaimer 


 
								 
						Judgments in  regional languages are also made available alongside the English version. The translations are being done with the help of various human agencies and software tools. 
						Reasonable efforts have been made to provide an accurate translation.
						 
						 Hindi Judgment as published in Ucchtam Nyayalya Nirnay Patrika are reproduced under approval of Vidhi Sahitya Prakashan, Department of legislative affairs, Govt. Of India. 
						 
						Supreme Court Registry will not responsible for incorrect or inaccurate translation and  for any error, omission or discrepancy in the content of translated text. 
						The translation of Judgements is provided for general information  and shall have no legal effect for compliance or enforcement.
						If any questions arise related to the accuracy of the information/statement contained in the translated judgment,  users are advised to verify from the original judgments and also to refer to correct position of law while referring to old judgments. 
						Visitors to the site are requested to cross check the correctness of the information on this site with the authorities concerned or consult the relevant record. The information made available here is not meant for legal evidence. Neither the Courts concerned nor the National Informatics Centre (NIC) nor the e-Committee is responsible for any data inaccuracy or delay in the updation of the data on this website. We do not accept any responsibility or liability for any damage or loss arising from the direct/indirect use of the information provided on the site. However, we shall be obliged if errors/omissions are brought to our notice for carrying out the corrections.
						 AMOD KUMAR KANTH versus ASSOCIATION OF VICTIM OF UPHAAR TRAGEDY AND ANR. - [2023] 6 S.C.R. 6692023 INSC 397 K.M. JOSEPH, B.V. NAGARATHNA, ARAVIND KUMAR Code of Criminal Procedure, 1973 – s.197 –Ambit of – Uphaar Tragedy case – Closure report filed by the CBI against the appellant was rejected by the Magistrate,who instead took cognizance on the protest petition filed by the first against the appellant – Cognizance was taken for offences u/ss.304A, 337, 338, IPC and u/s.14, Cinematograph Act r/w the Rules – Appellant filed petition u/s.482, CrPC challenging the order issuing summons – Dismissed – On appeal, held: When considering the question of
STATE OF PUNJABversusDIL BAHADUR
Case No.: CRIMINAL APPEAL No. 844/2023
Decision Date: 28-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC307

M.R. SHAH*, C.T. RAVIKUMAR Sentence/Sentencing – Principle of – High Court though confirmed the conviction of the respondent-accused for offences u/ ss.279 and 304A, IPC, however, reduced the sentence from two years to eight months – Justification of – Held: While reducing the sentence, the High of the offence and the manner in which the accused committed the offence – Because of the rash and negligent driving on the part of the accused one innocent person died and two persons sustained injuries – High Court did not consider the fact that IPC is punitive and deterrent in
RUCHIR RASTOGIversusPANKAJ RASTOGI AND OTHERS ETC.
Case No.: CRIMINAL APPEAL No. 3283/2013
Decision Date: 19-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC941

VIKRAM NATH*, AHSANUDDIN AMANULLAH HEADNOTES Issue for consideration: High Court if justifi ed in quashing the FIR lodged by the appellant against respondents u/ss.457, 380 and 506, IPC. Penal Code, 1860 – ss.457, 380, 506 – FIR fi led stating that the appellant and respondent No.1 as Kartas of in equal share and there was an interim order of preserving the assets and belongings of the shop in question – However, Respondent No.1, along with other co-accused, removed the assets and belongings of the shop in violation thereof – When the appellant inquired from respondent
DR. NIRMAL SINGH PANESARversusMRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR
Case No.: CIVIL APPEAL No. 2045/2011
Decision Date: 10-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC896

ANIRUDDHA BOSE*, BELA M. TRIVEDI HEADNOTES Issue for consideration: Should the irretrievable breakdown of marriage necessarily result in the dissolution of marriage in exercise of powers under Article 142 of the Constitution of India, when such is not a ground for divorce under the Hindu Marriage Act, 1955 – s.13(1)(ia) and s.13(1)(ib) – District Court granted the decree of divorce, as prayed for by the appellant- husband, however, the Single Bench of the High Court reversed the same and the Division Bench of the High Court confi rmed the judgment –
SUDESH KUMAR GOYALversusSTATE OF HARYANA & ORS.
Case No.: CIVIL APPEAL No. 10861/2013
Decision Date: 21-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC842

HRISHIKESH ROY*, PANKAJ MITHAL 414 : 2023 INSC 842 414 CASE DETAILS SUDESH KUMAR GOYAL v. STATE OF HARYANA & ORS. (Civil Appeal No. 10861 of 2013) SEPTEMBER 21, 2023 [HRISHIKESH ROY AND PANKAJ MITHAL, JJ] HEADNOTES Issue for consideration: Whether the appellant who qualifi ed in the selection process for appointment to Appointment to the higher judicial service of the State under the direct recruitment quota - Appellant qualifi ed the selection process but was not appointed – Appointment sought against the vacancy which arose on resignation of one of the selected candidate – Appellant could not
JASWANT SINGH & ORSversusTHE STATE OF CHHATTISGARH & ANR.
Case No.: WRIT PETITION (CRIMINAL) No. 323/2022
Decision Date: 13-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC31

DINESH MAHESHWARI*, BELA M. TRIVEDI Code of Criminal Procedure 1973: s. 432(2) – Grant of Remission – Requirement of s. 432(2) – Held: Presiding Judge must give adequate reasons while giving an opinion u/s. 432(2) – On facts, three convicts, out of a total of eight, submitted their respective applications for same was refused– Held:The said orders should have contained adequate reasons after taking into consideration the relevant factors that govern the grant of remission as laid down in Laxman Naskar’s case applications for remission – Issuance of direction to the Special Judge to
SHRI RAM SHRIDHAR CHIMURKARversusUNION OF INDIA & ANR.
Case No.: CIVIL APPEAL No. 386/2023
Decision Date: 17-01-2023
Disposal: Dismissed
Neutral Citation: 2023INSC49

K.M. JOSEPH*, B.V. NAGARATHNA Central Civil Services (Pension) Rules, 1972 – r. 54(14)(b) – Pension Rules – Adoption after the death of Government servant – Right of adopted son to claim pension – The ‘S’, a retired Superintendent, died issueless in 1994 – His wife adopted the to the family of the deceased government employee – The claim of the appellant was rejected on the ground that children adopted by widow of a government servant, after the death of the government servant, would not be entitled to receive family pension – CAT directed the respondents
PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHIversusSERVANTS OF PEOPLE SOCIETY
Case No.: CIVIL APPEAL No. 614/2023
Decision Date: 31-01-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC88

S. RAVINDRA BHAT*, DIPANKAR DATTA Income Tax Act, 1961: ss. 2(15) and 11(1) – Charitable trust – Benefit of exemption – Entitlement to – On facts, assessee-registered society founded in 1921 for nation building, general awareness and welfare of the people – Assessee society also managing and a newspaper – Claim of benefit of exemption – Denial by the assessing officer invoking the proviso to s. 2(15) on the ground that the assessee is involved in trade, commerce or business – However, the Appellate Commissioner allowed the plea of the assessee – Said order
KISHAN CHAND JAINversusUNION OF INDIA & ORS
Case No.: WRIT PETITION (CIVIL) No. 360/2021
Decision Date: 09-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC915

English हिन्दी - Hindiਪੰਜਾਬੀ - Punjabi 




 Disclaimer 


 
								 
						Judgments in  regional languages are also made available alongside the English version. The translations are being done with the help of various human agencies and software tools. 
						Reasonable efforts have been made to provide an accurate translation.
						 
						 Hindi Judgment as published in Ucchtam Nyayalya Nirnay Patrika are reproduced under approval of Vidhi Sahitya Prakashan, Department of legislative affairs, Govt. Of India. 
						 
						Supreme Court Registry will not responsible for incorrect or inaccurate translation and  for any error, omission or discrepancy in the content of translated text. 
						The translation of Judgements is provided for general information  and shall have no legal effect for compliance or enforcement.
						If any questions arise related to the accuracy of the information/statement contained in the translated judgment,  users are advised to verify from the original judgments and also to refer to correct position of law while referring to old judgments. 
						Visitors to the site are requested to cross check the correctness of the information on this site with the authorities concerned or consult the relevant record. The information made available here is not meant for legal evidence. Neither the Courts concerned nor the National Informatics Centre (NIC) nor the e-Committee is responsible for any data inaccuracy or delay in the updation of the data on this website. We do not accept any responsibility or liability for any damage or loss arising from the direct/indirect use of the information provided on the site. However, we shall be obliged if errors/omissions are brought to our notice for carrying out the corrections.
						 KISHAN CHAND JAIN versus UNION OF INDIA & ORS - [2023] 14 S.C.R. 4772023 INSC 915 D.Y. CHANDRACHUD, J.B. PARDIWALA, MANOJ MISRA HEADNOTES Issue for consideration: The petitioner urges that the State Information Commissions should allow the option of virtual hearings along with physical hearings. Constitution of India – Art. 21 – Access to justice: Held: Access to justice is a right of constitutional purport have effective means to approach legal institutions to seek appropriate legal remedies – The ability to access legal institutions empowers individuals to understand and exercise their legal and constitutional rights – Access to justice enhances the quality of human life and,
NATIONAL TECHNICAL RESEARCH ORGANIZATION & ORSversusDIPTI DEODHARE
Case No.: CIVIL APPEAL No. 413/2023
Decision Date: 17-02-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC134

M.R. SHAH*, HIMA KOHLI Service Law – Respondent who was serving as Scientist ‘G’ in Defence Research Development Organization (DRDO) was selected and appointed as Scientist ‘H’ in National Technical Research Organization (NTRO) on probation of one year – She was however, to her parent cadre-DRDO vide order dtd.12.02.19 – Respondent requested NTRO to reinstate her and to treat her application as three months’ notice for VRS – She filed OA before the CAT challenging inter alia NTRO’s order dtd.12.02.19, dismissed – Writ petition
UGGARSAINversusTHE STATE OF HARYANA & ORS.
Case No.: CRIMINAL APPEAL No. 1378/2023
Decision Date: 03-07-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC587

S. RAVINDRA BHAT*, DIPANKAR DATTA Sentence/Sentencing – Appropriateness of sentences – Eight accused persons were charged with and tried for offences punishable u/ss. 148, 149, 302, 304 Part-II and 323 of IPC for having causing death of deceased and causing injury Trial Court convicted all the accused persons and sentenced them to rigorous imprisonment for life u/s. 302 r/w s.149 and one year rigorous imprisonment u/s. 148 and six months rigorous imprisonment u/s.323 r/w. s.149 – The High Court partially allowing the appeal by the accused persons
NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITEDversusROYAL CONSTRUCTION COMPANY PRIVATE LTD.
Case No.: CIVIL APPEAL No. 1991/2019
Decision Date: 10-10-2023
Disposal: Disposed off
Neutral Citation: 2023INSC899

ANIRUDDHA BOSE*, VIKRAM NATH HEADNOTES Issue for consideration: Whether the arbitration agreement, arbitral award or the judgment of Supreme Court dated 24.02.2015 passed in earlier round of litigation between the parties, provided for payment of the awarded amount Arbitration – Amount awarded in Iraqi Dinars if was to be converted in Indian currency: Held: Neither the arbitration agreement, arbitral award or the judgment of Supreme Court dated 24.02.2015 permit payment of the awarded amount in Indian currency except the amount of Rs. 20 lacs with
RAJ KUMAR @ SUMANversusSTATE (NCT OF DELHI)
Case No.: CRIMINAL APPEAL No. 1471/2023
Decision Date: 11-05-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC520

ABHAY S. OKA*, RAJESH BINDAL Code of Criminal Procedure, 1973 – s.313 – Power to examine the accused – Law summarized. Code of Criminal Procedure, 1973 – s.313 – Non-compliance of – Omission made while questioning the accused u/s.313, effect of – Appellant was convicted IPC and sentenced accordingly –Held: The only alleged incriminating circumstance against the appellant is in the evidence of PW5, who stated that the appellant was standing with a katta in his hand outside the premises where the offence took place–However, this was not put to him
THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.
Case No.: CIVIL APPEAL No. 3134/2023
Decision Date: 26-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC431

K.M. JOSEPH*, HRISHIKESH ROY Stamp Act, 1899 – s.27– Andhra Pradesh Act (8 of 1988) – Proviso to s.27 added – Andhra Pradesh (Amendment) Act, 1971 – s.47A – Transfer of Property Act, 1882 – s.8 – ‘immovable property’– and machinery to stamp duty under the Act – Second respondent auction purchased the property, at a bid of Rs.8.35 crores, consisting of land, building, civil works, plant & machinery and other assets – On the basis of direction given in C.A. No. 1203 of 2004 at the instance of
BHISHAM LAL VERMAversusSTATE OF UTTAR PRADESH AND ANOTHER
Case No.: SPECIAL LEAVE PETITION (CRIMINAL) No. 7976/2023
Decision Date: 30-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC955

C.T. RAVIKUMAR*, SANJAY KUMAR HEADNOTES Issue for consideration : Is a second petition maintainable u/s. 482 Cr.P.C. on grounds that were available for challenge even at the time of fi ling of the fi rst petition thereunder. Code of Criminal Procedure, 1973 – s. 482 – A complaint case 420, 467, 468, 471 and 120B of IPC r/w. ss. 7 and 13 of the Prevention of Corruption Act, 1988 – Petitioner was amongst the accused named therein – The State Government accorded sanction to prosecute the petitioner – Upon completion of investigation, charge- sheet was
EXPERION DEVELOPERS PRIVATE LIMITEDversusHIMANSHU DEWAN AND SONALI DEWAN AND OTHERS
Case No.: CIVIL APPEAL No. 1434/2023
Decision Date: 18-08-2023
Disposal: Disposed off
Neutral Citation: 2023INSC748

SANJIV KHANNA*, BELA M. TRIVEDI, UJJAL BHUYAN HEADNOTES Issue for consideration: Impugned order passed by NCDRC directing the appellant-builder/developer to refund to the respondents-allottees/ subsequent buyers, the amount collected towards excess sale area, overruling the on the grounds of the principle of res judicata and on the rule of binding precedent by applying its decision in Pawan Gupta case (a case related to the same housing project as the present matter) wherein the claim made by the appellant for the increase of the sale area was rejected and Decision Date : 18-08-2023 | Case No : CIVIL APPEAL No. 1434/2023 | Disposal Nature : Disposed off  | Direction Issue : Appeal disposed of with direction of remand  |  Bench : 3 Judges
M/S LARSEN AIR CONDITIONING AND REFRIGRATION COMPANYversusUNION OF INDIA AND ORS.
Case No.: CIVIL APPEAL No. 3798/2023
Decision Date: 11-08-2023
Disposal: Disposed off
Neutral Citation: 2023INSC708

S. RAVINDRA BHAT*, DIPANKAR DATTA HEADNOTES Issue for consideration : Whether the High Court erred in modifying the arbitral award to the extent of reducing the interest, from compound interest of 18% to 9% simple interest per annum. Arbitration and Conciliation Act, 1996 – s.31 of interest by the High Court – Propriety of: Held : In the instant case, given that the arbitration commenced in 1997, i.e., after the Act of 1996 came into force on 22.08.1996, the arbitrator, and the award passed by them, would be subject to this statute – Under the enactment, i.e.
UCO BANK AND OTHERSversusM.B. MOTWANI (DEAD) THR. LRS. & OTHERS
Case No.: CIVIL APPEAL No. 8516/2011
Decision Date: 12-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC908

HIMA KOHLI*, RAJESH BINDAL HEADNOTES Issue for consideration: Whether the High Court was justifi ed in setting aside the order passed by the appellant-Bank imposing punishment of dismissal upon the respondent no.1-Bank manager. Service Law – United Commercial Bank Offi cer’s Service Regulations, 20(3)(iii) – Termination of service – Disciplinary proceedings, not pending against delinquent employee, on the date of his superannuation – Eff ect – On facts, the Bank manager-employee attained the age of superannuation on 02.07.1991 and was due to retire on
M/S SOUTH INDIAN BANK LTD. & ORS.versusNAVEEN MATHEW PHILIP & ANR. ETC. ETC.
Case No.: CIVIL APPEAL No. 2861/2023
Decision Date: 17-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC379

SANJIV KHANNA*, M.M. SUNDRESH Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: Writ Jurisdiction of High Court under – Matter pertaining to default in payment of outstanding dues by the borrowers u/s. 13(4) – Writ petitions by the borrowers challenging the notices before the High Court – Debt Recovery tribunal was not functional at the time when said writ petitions were filed– However, became so from the month of March 2022 – Meanwhile, in an SLP, order passed by
HARIPRASAD @ KISHAN SAHUversusSTATE OF CHHATTISGARH
Case No.: CRIMINAL APPEAL No. 1182/2012
Decision Date: 07-11-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC986

BELA M. TRIVEDI*, DIPANKAR DATTA HEADNOTES Issues for consideration: Whether the delay of about more than one year in registering the FIR could be said to be fatal to the case of prosecution; whether the prosecution proved beyond reasonable doubt that the deceased had died due to administration of poison and the poison in the liquor and made the deceased to drink it on the previous date of his death. Penal Code, 1860 – s.302 – Allegation of murder by poisoning – Delay in registering FIR – When not fatal: Held: FIR being only a corroborative piece of evidence and not a
EX SEPOY MADAN PRASADversusUNION OF INDIA AND OTHERS
Case No.: CIVIL APPEAL No. 246/2017
Decision Date: 28-07-2023
Disposal: Dismissed
Neutral Citation: 2023INSC656

HIMA KOHLI*, RAJESH BINDAL Army Act, 1950 – s.39 (b) – Dismissal from service – Overstaying the leave – Appellant was enrolled in the Army service Corps as a Mechanical Transport Driver – Initially leave for 39 days granted to appellant – Further extension of leave was also granted on However, further request for extension of leave was rejected – Appellant failed to join – Court of Inquiry conducted – Appellant was declared deserter – Appellant finally surrendered after 108 days – Charges were framed – Appellant was held guilty and awarded
M/S. DAKSHIN GUJARAT VIJ COMPANY LIMITEDversusM/S. GAYATRI SHAKTI PAPER AND BOARD LIMITED AND ANOTHER, ETC.
Case No.: CIVIL APPEAL No. 8527/2009
Decision Date: 09-10-2023
Disposal: Reference answered
Neutral Citation: 2023INSC886

SANJIV KHANNA*, M.M. SUNDRESH HEADNOTES Issue for consideration: Eligibility criteria for a Captive Generating Plant (CGP)/captive user u/r.3(1)(a) of the Electricity Rules, 2005; Interpretation of the second proviso u/r.3(1)(a) of the Rules and the Whether a company set up as a Special Purpose Vehicle for generating electricity is an, “association of persons”, in terms of the second proviso to r.3(1)(a) of the Rules. Electricity Act, 2003 – ss.2(8), 9 – Electricity Rules, 2005 – r.3 – Decision Date : 09-10-2023 | Case No : CIVIL APPEAL No. 8527/2009 | Disposal Nature : Reference answered  | Direction Issue : Issues answered  |  Bench : 2 Judges
ILAVARASANversusTHE SUPERITENDENT OF POLICE & ORS.
Case No.: CRIMINAL APPEAL No. 002752/2023
Decision Date: 28-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC813

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration: Issue arose as regards the conduct of advocates as to whether they are capable of certifying self respect marriages u/s. 7A of the Hindu Marriage Act, 1955; and whether the Suyammariyathai marriage-self-respect marriage can Hindu Marriage Act, 1955 – s. 7A (as amended and applicable in Tamil Nadu) – Special provision regarding suyamariyathai and seerthiruththa marriages-self respect marriages – Advocates, if cabable of certifying marriages u/s. 7A – Appellant married a girl in accordance