Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.5926 of 2019 (@SLP (C) No.4016 of 2019) Appellants Versus Respondents Durgabai Deshmukh Memorial Sr. Sec. School & Anr. J.A.J Vasu Sena & Anr. JUDGMENT Dr Dhananjaya Y Chandrachud, J1The present appeal arises from a judgment of a Division Bench of the Delhi High Court dated 7 May 2018 setting aside the judgment of a learned Single Judge in a Letters Patent Appeal.1 The Division Bench accepted the deemed confirmation of the services of the first respondent who was a probationer in the school of the appellants. 1 LPA No.86/2018 1 2 Allowing the appeal filed by the first respondent, the Division Bench held that under Rule 105(1) read with the first proviso of the Delhi School Education Rules 1973,2 the maximum period of probation permissible is two years. The High Court held that there is a deemed confirmation of the services of a probationer who is continued in service beyond the maximum period of proba...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No.708 of 2020 Gujarat Mazdoor Sabha & Anr. The State of Gujarat ...Petitioners Versus ...Respondent JUDGMENT Dr Dhananjaya Y Chandrachud, J Index A B C D E F G H I The Notifications Grounds of challenge The power under Section 5 of the Factories Act, 1962 Precedent on public emergency and security of the state Interpreting public emergency in Section 5 Scheme and objects of the Factories Act, 1962 Social and economic value of overtime Constitutional vision of social and economic democracy Summation 1 PART A1Invoking its powers under Section 5 of the Factories Act, 19481, the State of Gujarat has exempted factories from observing some of the obligations which employers have to fulfil towards the workmen employed by them. The government justifies the action on the ground that industrial employers are faced with financial stringency in the economic downturn resulting from the outbreak of COVID -19....
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) No.245/2020 LALIT KUMAR JAIN .PETITIONER(S) VERSUS UNION OF INDIA & ORS. ..RESPONDENT(S) WITH W.P.(C) No.117/2021, W.P.(C) No.1371/2020, W.P.(C) No.1420/2020, W.P.(C) No.1353/2020, T.P.(C) No.1252/2020, W.P.(C) No.1276/2020, W.P.(C) No.1287/2020, T.P. (C) No.1285/2020, T.P.(C) No.1325/2020, W.P.(C) No.1364/2020, T.C.(C) No.257/2020, W.P.(C) No.1434/2020, W.P.(C) No.38/2021, W.P.(C) No.1419/2020, T.P.(C) No.1202/2020, T.P.(C) No.1220/2020, T.P.(C) No.1203/2020, T.P.(C) No.1193/2020, T.P.(C) No.1196/2020, T.P.(C) No.1289/2020, T.P.(C) No.1323/2020, T.P.(C) No.1333/2020, T.P.(C) No.1292/2020, T.P.(C) No.1299/2020, T.P.(C) No.1331/2020, W.P. (C) No.1342/2020, T.P.(C) No.1339/2020, W.P.(C) No.1348/2020, W.P.(C) No.1344/2020, W.P.(C) No.1343/2020, T.C.(C) No.250/2020, T.C.(C) No.251/2020, T.C. (C) No.247/2020, T.C.(C) No.253/2020, T.C.(C) No.252/2020, T.C.(C) No.248/2020, T.C.(C) No.254/2020, T.C....
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.1411 OF2020G. MOHAN RAO & ORS. ...PETITIONER(S) versus STATE OF TAMIL NADU & ORS. ...RESPONDENT(S) with WRIT PETITION (C) No.173 OF2021WRIT PETITION (C) No.174 OF2021JUDGMENT A.M. Khanwilkar, J.1. The Indian Constitution ordains a structure of governance wherein the three organs of the State are entrusted with independent functions. The Legislature legislates on the law, the Executive puts the law into execution and the Judiciary being the sentinel on the qui vive reviews and enforces the law in light of its primary role as the guardian of the Constitution. Thus, we the 1 people of India have embraced a system of separation of powers for securing checks and balances. Consequently, in daytoday functioning of the government institutions many a times a perception emerges about the overstepping between three organs. Similar grievance has been made in the case at hand. The extent and manner in whic...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.3224 of 2020 Ebix Singapore Private Limited .... Appellant Versus Committee of Creditors of Educomp .... Respondents Solutions Limited & Anr. With Civil Appeal No.3560 of 2020 Kundan Care Products Limited .... Appellant Versus Mr Amit Gupta and Ors. .... Respondents With Civil Appeal No.295 of 2021 Seroco Lighting Industries Private Limited .... Appellant Versus Ravi Kapoor RP for Arya Filaments .... Respondents Private Limtied & Ors. 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. Further, a Glossary of defined terms which have been used throughout the judgment has also been provided. The sections in the judgment are as follows: Glossary ............................................................................................................ 5 A Civil Appeal No 3224 of 2020 the Ebix Appeal ...................................... 11 A.1...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 18111812 OF2022VALLAL RCK ...APPELLANT(S) VERSUS M/S SIVA INDUSTRIES AND HOLDINGS LIMITED AND OTHERS ...RESPONDENT(S) JUDGMENT B.R. GAVAI, J.1. These appeals challenge the common judgment dated 28th January 2022 passed by the learned National Company Law Appellate Tribunal, Chennai Bench, Chennai (hereinafter referred to as the NCLAT) in Company Appeal (AT)(CH)(Insolvency) Nos. 211 and 212 of 2021, thereby dismissing the appeals filed by the present appellant, which were in turn filed, challenging the two orders dated 12th August 2021 passed by the learned National Company Law Tribunal, Division BenchII, Chennai (hereinafter referred to 1 as the NCLT), thereby rejecting the application filed by the Resolution Professional (RP for short) under Section 12A of the Insolvency and Bankruptcy Code, 2016 (IBC for short) read with Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency Re...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). . OF2022(ARISING OUT OF SLP (Crl.) No(s). 7899-7900 of 2015) MANOJ PRATAP SINGH . APPELLANT(S) VERSUS THE STATE OF RAJASTHAN . RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Table of Contents Preliminary 2 Relevant factual and background aspects 7 The Evidence 12 The Trial Court found the appellant guilty and awarded death sentence 33 Deceased aged 7 years, mentally and physically challenged 33 Deceased last seen with the appellant 34 Discoveries on the information of appellant 34 1 Medical evidence 35 Report of FSL36Defence contentions rejected 37 Chain of circumstances complete 40 Death sentence by the Trial Court 41 High Court confirmed the death sentence awarded to the appellant 44 Rival Submissions 48 The scope and width of these appeals 61 Procedural questions relating to investigation and trial 64 Concurrent findings of fact: whether requiring interference?. 67 Whether death sentence be...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) No.4634 OF2014VIJAY MADANLAL CHOUDHARY & ORS. ...PETITIONER(S) VERSUS UNION OF INDIA & ORS. ...RESPONDENT(S) WITH SPECIAL LEAVE PETITION (CIVIL) No.28394 OF2011SPECIAL LEAVE PETITION (CIVIL) No.28922 OF2011SPECIAL LEAVE PETITION (CIVIL) No.29273 OF2011SPECIAL LEAVE PETITION (CRIMINAL) NO.............OF2022(@ DIARY No.41063 OF2015 SPECIAL LEAVE PETITION (CRIMINAL) No.9987 OF2015SPECIAL LEAVE PETITION (CRIMINAL) NO.10018 OF2015SPECIAL LEAVE PETITION (CRIMINAL) No.10019 OF20152 SPECIAL LEAVE PETITION (CRIMINAL) No.993 OF2016TRANSFER PETITION (CRIMINAL) No.150 OF2016TRANSFER PETITION (CRIMINAL) NOS.151-157 OF2016WRIT PETITION (CRIMINAL) No.152 OF2016SPECIAL LEAVE PETITION (CRIMINAL) No.11839 OF2019SPECIAL LEAVE PETITION (CRIMINAL) No.2890 OF2017SPECIAL LEAVE PETITION (CRIMINAL) No.5487 OF2017CRIMINAL APPEAL No.1269 OF2017CRIMINAL APPEAL No.1270 OF2017CRIMINAL APPEAL NOS. 1271-1272 O...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.21762 OF2017ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) APPELLANT(S) VERSUS AHMEDABAD URBAN DEVELOPMENT AUTHORITY RESPONDENT(S) WITH C.A. No.8193/2012; C.A. No.5057/2012; C.A. No.5058/2014; C.A. No.9974/2018; C.A. No.5056/2012; C.A. No.4196/2015; C.A. No.4374/2015; C.A. No.9380/2017; C.A. No.13071/2017; C.A. No.12058/2017; C.A. No.16375/2017; C.A. No.12869/2017; C.A. No.17527/2017; C.A. No.21845/2017; C.A. No.5719/2018; C.A. No.9886/2018; C.A. No.9200/2018; C.A. No.9860/2018; C.A. No.10114/2018; C.A. No.1643/2019; C.A. No.3596/2018; C.A. No.6762/2018; C.A. No.3972/2018; C.A. No.3343/2018; C.A. No.3359/2018; C.A. No.3971/2018; C.A. No.3347/2018; C.A. No.6489/2018; C.A. No.10598/2018; C.A. No.7643/2018; C.A. No.8321/2018; C.A. No.8554/2018; C.A. No.9172/2018; C.A. No.10406/2018; C.A. No.11259/2018; C.A. No.11884/2018; C.A. No.226/2019; C.A. No.170/2019; C.A. No.2047/2019; C.A. No.2335/2019; C.A....
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.889 of 2007 Arup Bhuyan .. Appellant Versus State of Assam & Anr. .. Respondents With Review Petition (Criminal) No.417/2011 In Criminal Appeal No.1383/2007 With Review Petition (Criminal) No.426/2011 In Criminal Appeal No.889/2007 With Special Leave Petition (Crl) No.5971/2019 With Special Leave Petition (Crl) No.5964/2019 With Criminal Appeal No.1383/2007 2 With SLP(Crl.)...CRLMP No.16637/2014 With Special Leave Petition (Crl.) No.5643/2019 With Special Leave Petition (Crl.) No.6270/2019 JUDGMENT M. R. Shah, J.1. Present reference to the larger Bench is made against the judgment and order in the case of Arup Bhuyan vs. Union of India, (2011) 3 SCC377as well as State of Kerala vs. Raneef, (2011) 1 SCC784 pursuant to the order passed by this Court dated 26.08.2014, reported as (2015) 12 SCC702 Background of the Reference 2. That the Division Bench of this Court in the case of Raneef (supra) wh...
Tag this Judgment!