Court : Supreme Court of India
Decided on : Oct-06-2023
REPORTABLE2023NSC879 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.301 OF2015BALVIR SINGH APPELLANT(S) VERSUS STATE OF UTTARAKHAND RESPONDENT(S) WITH CRIMINAL APPEAL No.2430 OF2014JUDGMENT J.B. PARDIWALA, J.:1. Since both the captioned appeals arise from a common judgment and order passed by the High Court dismissing two criminal appeals of two accused persons tried in one sessions case those were heard analogously and are being disposed of by this common judgment and order. Page 1 of 422. These appeals are at the instance of two convicts and are directed against a common judgment and order dated 24.03.2014 passed by the High Court of Uttarakhand at Nainital in the Criminal Appeal No.273 of 2013 and Criminal Appeal No.274 of 2013 respectively by which the High Court dismissed both the appeals and thereby affirmed the judgment and order of conviction passed by the Additional District and Sessions Judge Kotdwar, Garhwal in the Sessions Trial No.48 of 20...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2023
202 3 I N S C1082REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3865 OF2023(@ SLP (Crl.) No.12863 of 2023) RAM KISHOR ARORA APPELLANT(S) VERSUS DIRECTORATE OF ENFORCEMENT RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Leave granted.2. The present appeal is directed against the judgment and order dated 22.09.2023 passed by the High Court of Delhi at New Delhi, in Writ Petition (Crl.) No.2408/2023, whereby the High Court has dismissed the said petition seeking declaration that the arrest of the appellant on 27.06.2023 by the respondent Directorate of Enforcement (hereinafter referred to as the ED) was illegal and violative of the fundamental rights 1 guaranteed to the appellant under Articles 14, 20 and 21 of the Constitution of India, and seeking direction to release the appellant forthwith. The appellant had also sought direction to quash the order of remand dated 28.06.2023 passed by the ASJ/05, PMLA, Patiala House Courts, New Delhi (hereinaf...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
REPORTABLE2023INSC1075IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.________OF2023(Arising out of Special Leave Petition (Civil)No.14445 of 2021) MOHAMMED ABDUL WAHID APPELLANT(S) Versus NILOFER & ANR. RESPONDENT(S) JUDGMENT SANJAY KAROL, J.Leave Granted.2. In adjudicating this appeal, the thought to be borne foremost in mind is that every trial is a search of truth. This purpose is succinctly captured in the following terms in American Jurisprudence, Second Edition, 2007: The purpose of trial is to determine the validity of the allegations. The objective is to secure a fair and impartial administration of justice between the parties to the litigation and not the achievement of a hearing wholly free from errors. Once a civil action has been instituted and issue is joined upon the pleadings, there must be a trial on the issue before a judgment may be rendered. Trial is not a contest between lawyers but a presentation of facts to which the law may be applied ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
2023 INSC1078Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3864 OF2023(Arising out of Special Leave Petition (Crl.) No.7041 of 2016) Manik Hiru Jhangiani Appellant versus State of M.P. Respondent JUDGMENT ABHAY S. OKA, J.1. Leave granted. FACTUAL ASPECTS2 Various provisions of the Food Safety and Standards Act, 2006 (for short, the FSSA) were brought into force on different dates. The Prevention of Food Adulteration Act, 1954 (for short, the PFA) was repealed with effect from 5th August 2011, as provided in sub-section (1) of Section 97 of the FSSA.3. The appellant was, at the relevant time, a Director of M/s. Bharti Retail Limited, (for short, Bharti), a company that is engaged in the business of operating retail stores under the name of Easy Day having its outlets all over the country. A Food Inspector appointed under the PFA visited a shop owned Criminal Appeal @ S.L.P. (Crl.) no.7041 of 2016 Page 1 of 15 by Bharti in Indore and purcha...
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Decided on : Dec-14-2023
2023 INSC1073REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.3840 OF2023@SPECIAL LEAVE PETITION (Crl.) No.8847/2023 SAUMYA CHAURASIA APPELLANT(S) VERSUS DIRECTORATE OF ENFORCEMENT RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Leave granted.2. The order dated 23.06.2023 passed by the High Court of Chhattisgarh at Bilaspur in Miscellaneous Criminal Case No.1258/2023 is assailed by way of present Appeal, whereby the High Court has dismissed the bail application filed by the appellant under Section 439 of Cr.P.C. The appellant was arrested on 02.12.2022 in connection with the Crime No.ECIR/RPZ0/09/2022 dated 1 29.09.2022, registered at the Police Station/Investigating Agency - Directorate of Enforcement, Zonal Office Raipur, Chhattisgarh, for the offences punishable under Sections 186, 204, 353, 384, 120-B of IPC read with Sections 3 and 4 of Prevention of Money Laundering Act, 2002 (for short PML Act).3. Shorn of unnecessary details, facts in bri...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
REPORTABLE2023INSC1071IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.3838 Of 2023 (Arising out of Special Leave to Appeal (Crl.) No.11129 Of 2023) Afjal Ansari .Appellant(s) versus State of UP .Respondent(s) JUDGEMENT SURYA KANT, J.Leave granted.2. This appeal is directed against the order dated 24.07.2023, passed by the High Court of Judicature at Allahabad (hereinafter, High Court), partially allowing the application filed by the Appellant under Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter, CrPC), for the stay on the sentence and conviction, awarded by the Learned Additional Sessions Judge, MP/MLA Court, Ghazipur (hereinafter, Trial Court) vide judgement and order dated 29.04.2023. The High Court, has through the impugned order, Page 1 of 19 suspended the Appellants sentence and granted him bail but the stay on conviction has been declined. FACTS:3. At this juncture, it is imperative to delve into the factual matrix to set out ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-2023
Reportable 2023 INSC1066IN THE SUPREME COURT OF INDIA INHERENT/ CIVIL ORIGINAL JURISDICTION Curative Petition (C) No.44 of 2023 in Review Petition (C) No.704 of 2021 in Civil Appeal No.1599 of 2020 IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT1996AND THE INDIAN STAMP ACT1899And With Arbitration Petition No.25 of 2023 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI A. Reference .................................................................................................................. 5 B. Submissions ........................................................................................................... 12 C. Maintainability ........................................................................................................ 18 D. The Indian Stamp Act 1899 .................................................................................... 22 i. Overview ...................................................................................
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2023
2023 INSC1062NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2294 OF2010SEKARAN APPELLANT VS. THE STATE OF TAMIL NADU RESPONDENT JUDGMENT DIPANKAR DATTA, J.The Challenge 1. The Principal Sessions Judge, Kanyakumari District at Nagercoil, vide judgment and order dated 22nd March 2002, convicted the appellant for committing murder and sentenced him to life in prison together with 1 fine of Rs.1000/-, in default to undergo rigorous imprisonment for 6 (six) months. Aggrieved thereby, the appellant invoked the jurisdiction of the Madras High Court, Madurai Bench, under section 374(2) of the Code of Criminal Procedure, 1973. The High Court, vide judgment and order dated 12th November 2009, allowed the appeal in part. The appellant was convicted for an offence under section 304-Part II, of the Indian Penal Code, 1860 (IPC, hereafter) and sentenced to five years rigorous imprisonment. Still dissatisfied, the judgment and order of the High Court ...
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Decided on : Dec-11-2023
REPORTABLE2023INSC1059IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2669 OF2013M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD.& ANR. APPELLANT(S) VERSUS M/S ASHOK PAPER MILL(ASSAM) LTD. & ANR. RESPONDENTS JUDGMENT SANJAY KAROL J., 1. The questions to be determined in this lis are: A) Whether Article 116 of the Limitation Act 1963, applies to proceedings under the Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990. B) Contingently, if the Limitation Act does not apply then, in the absence of Limitation being placed within the text of the Statute in question, could the Appeal filed against the Order 1|[Civil Appeal No.2669 of 2013]. of the Commissioner of Payments be held as maintainable having been filed after a period of nearly three years from the said order?. THE APPEAL2 This Civil Appeal assails a judgement of the Gauhati High Court passed in CRP No.263 of 2009 dated 21 July 2011, by which the Civil Revisi...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2023
Criminal Appeal @ SLP(Criminal) No.5323 of 2023 REPORTABLE2023INSC1036IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2023(Arising out of SLP(Criminal) No(s). 5323 of 2023) SHASHIKANT SHARMA & ORS. .APPELLANT(S) VERSUS STATE OF UTTAR PRADESH & ANR. .RESPONDENT(S) JUDGMENT Mehta, J.1. Leave granted.2. The instant appeal has been preferred by the accused appellants questioning the legality and validity of the Order dated 6th April, 2023 passed by the learned Single Judge of the High Court of Judicature at Allahabad rejecting the Criminal Appeal No.3107/2023 preferred by the accused appellants under Section 14A(1) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 (hereinafter being referred to as the SC/ST Act). The learned appellate Court affirmed the Order dated 14th 1 Criminal Appeal @ SLP(Criminal) No.5323 of 2023 March, 2023 passed by the learned Special Judge SC/ST(PoA) Act, Hathras in Session Case No.228/2021, re...
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