Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2537 OF2017M/s. Geomysore Services (I) Pvt. Ltd. & Anr. . Appellant(s) Versus M/s. Hutti Goldmines Co. Ltd. & Ors. Respondent(s) With CIVIL APPEAL No.2538 OF2017JUDGMENT Deepak Gupta J.1. What is the role and power of the Central Government while dealing with the request of a State Government for reservation of lands for government companies or corporations owned and controlled by the State Government under section 17A (2) of the Mines and Minerals (Development and Regulations) Act, 1957 (hereinafter referred to as the Act), is the main issue involved in this case. 2 THE FACTUAL BACKGROUND2 This case has a long and chequered history. There are gold mines in the State of Karnataka and parties are litigating in respect of their rights to exploit those mines. We have two appellants before us, M/s. Geomysore Services (India) Pvt. Ltd., Appellant No.1 (hereinafter referred to as Geomysore) and Deccan Go...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.76 OF2016NAVTEJ SINGH JOHAR & ORS. VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE WITH Petitioner(s) Respondent(s) WRIT PETITION (CIVIL) No.572 OF2016WRIT PETITION (CRIMINAL) No.88 OF2018WRIT PETITION (CRIMINAL) No.100 OF2018WRIT PETITION (CRIMINAL) No.101 OF2018WRIT PETITION (CRIMINAL) No.121 OF2018JUDGMENT Dipak Misra, CJI (for himself and A.M. Khanwilkar, J.) C O N T E N T S S. No(s). Heading Page No(s) A. B. Introduction 3-11 The Reference 11-15 2 Submissions on behalf of the petitioners 15-30 Submissions on behalf of the respondents and other intervenors.. 31-44 Decisions in Naz Foundation and Suresh Koushal.... Other judicial pronouncements on Section 377 IPC ... The Constitution an organic charter of progressive rights Transformative constitutionalism and the rights of LGBT community. 45-48 48-57 57-64 65-74 Constitutional morality and Section 377 IPC. 74-81 P...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.494 OF2012JUSTICE K.S. PUTTASWAMY (RETD.) AND ANOTHER .....PETITIONER(S) VERSUS UNION OF INDIA AND OTHERS .....RESPONDENT(S) WITH TRANSFERRED CASE (CIVIL) No.151 OF2013TRANSFERRED CASE (CIVIL) No.152 OF2013WRIT PETITION (CIVIL) No.833 OF2013WRIT PETITION (CIVIL) No.829 OF2013TRANSFERRED PETITION (CIVIL) No.1797 OF2013WRIT PETITION (CIVIL) No.932 OF2013TRANSFERRED PETITION (CIVIL) No.1796 OF2013CONTEMPT PETITION (CIVIL) No.144 OF2014WRIT PETITION (CIVIL) No.494 OF2012IN TRANSFERRED PETITION (CIVIL) No.313 OF2014TRANSFERRED PETITION (CIVIL) No.312 OF2014SPECIAL LEAVE PETITION (CRIMINAL) No.2524 OF2014WRIT PETITION (CIVIL) No.37 OF2015Writ Petition (Civil) No.494 of 2012 & c onnected matters Page 1 of 567 WRIT PETITION (CIVIL) No.220 OF2015CONTEMPT PETITION (CIVIL) No.674 OF2015WRIT PETITION (CIVIL) No.829 OF2013TRANSFERRED PETITION (CIVIL) No.921 OF2015CONTEMPT PETITION (CIVIL) No.470 OF2015WRIT...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.194 OF2017Petitioner(s) VERSUS Respondent(s) Joseph Shine Union of India JUDGMENT Dipak Misra, CJI (For himself and A.M. Khanwilkar, J.) The beauty of the Indian Constitution is that it includes I you and we. Such a magnificent, compassionate and monumental document embodies emphatic inclusiveness which has been further nurtured by judicial sensitivity when it has developed the concept of golden triangle of fundamental rights. If we have to apply the parameters of a fundamental right, it is an expression of judicial sensibility which further enhances the beauty of the Constitution as conceived of. In such a situation, the essentiality of the rights of women gets the real requisite space in the living room of individual dignity rather than the 2 space in an annexe to the main building. That is the manifestation of concerned sensitivity. Individual dignity has a sanctified realm in a civ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.373 OF2006Indian Young Lawyers Association & Ors. The State of Kerala & Ors. VERSUS Petitioner(s) Respondent(s) JUDGMENT Dipak Misra, CJI (for himself and A.M. Khanwilkar, J.) Introduction The irony that is nurtured by the society is to impose a rule, however unjustified, and proffer explanation or justification to substantiate the substratum of the said rule. Mankind, since time immemorial, has been searching for explanation or justification to substantiate a point of view that hurts humanity. The theoretical human values remain on paper. Historically, women have been treated with inequality and that is why, many have fought for their rights. Susan B. Anthony, known for her 2 feminist activity, succinctly puts, Men, their rights, and nothing more; women, their rights, and nothing less. It is a clear message.2. Neither the said message nor any kind of philosophy has opened up the large popul...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.7326-7327 OF2018STAR INDIA PRIVATE LIMITED VERSUS DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION & ORS. APPELLANT RESPONDENTS WITH CIVIL APPEAL NOS.7328-7329 OF2018JUDGMENT R.F. NARIMAN, J.1. The present civil appeals raise a challenge to certain clauses of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (hereinafter referred to as the Regulation) notified on 3.3.2017 and the Telecommunication (Broadcasting and Cable) 1 Services (Eighth) (Addressable Systems) Tariff Order, 2017 (hereinafter referred to as the Tariff Order) dated 3.3.2017 made under the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as the TRAI Act). Since regulations made under the TRAI Act were under challenge, a writ petition was filed before the Madras High Court in which the main issues that arose before the Division Bench were as follows:- a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) No.99 OF2018Swiss Ribbons Pvt. Ltd. & Anr. ..Petitioners Union of India & Ors. VERSUS WITH ..Respondents WRIT PETITION (CIVIL) No.100 OF2018WRIT PETITION (CIVIL) No.115 OF2018WRIT PETITION (CIVIL) No.459 OF2018WRIT PETITION (CIVIL) No.598 OF2018WRIT PETITION (CIVIL) No.775 OF2018WRIT PETITION (CIVIL) No.822 OF2018WRIT PETITION (CIVIL) No.849 OF2018WRIT PETITION (CIVIL) No.1221 OF2018SPECIAL LEAVE PETITION (CIVIL) No.28623 OF2018WRIT PETITION (CIVIL) No.37 OF20191 JUDGMENT R.F. Nariman, J.1. The present petitions assail the constitutional validity of various provisions of the Insolvency and Bankruptcy Code, 2016 [Insolvency Code or Code].. Since we are deciding only questions relating to the constitutional validity of the Code, we are not going into the individual facts of any case.2. Shri Mukul Rohatgi, learned Senior Advocate, appearing in Writ Petition (Civil) No.99 of 2018, has first...
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1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NOS. 13591361 OF2007The State of Gujarat :Versus: ..Appellant(s) Anwar Osman Sumbhaniya and Ors. ....Respondent(s) JUDGMENT A.M. Khanwilkar, J.1. The instant appeals filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA), are against the final judgment and order dated 12th January, 2007 passed by the Designated Judge, Jamnagar in Special TADA Case Nos.3/1994, 3/1997 and 1/2005, whereby the respondents have been acquitted after finding them not guilty of the stated offences. 2 2. Separate chargesheets were filed against the respondents for offences punishable under Sections 121, 121A, 122 read with Section 34 of the Indian Penal Code, Sections 3, 4 and 5 of TADA, Sections 25(1)(A)(D), 25(1AA), 25(1B)(A B F G), 27(1), 29(A) of the Arms Act, 1959 (for short 1959 Act), Section 20 of the Indian Telegraph Act, 1885 (for short 1885 Act) and Section 6(1A...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 12251 of 2018 Hanuman Laxman Aroskar ...Appellant Versus Union of India ...Respondent WITH Civil Appeal No 1053 of 2019 Federation of Rainbow Warriors ...Appellant Versus Union of India and Ors ...Respondents 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J Index A Introduction B C D E F Submissions Scheme of the 2006 notification and the Guidance manual for Airports C.1 EIA process C.2 Guidance manual for airports Forests Ecologically Sensitive Zones (ESZs) Sampling Points F.1 Air Quality F.2 Water Quality F.3 Noise Quality F.4 Flora and Fauna F.5 Felling of Trees Public Consultation G H Appraisal by the EAC The appellate jurisdiction of the NGT: the requirement of a merits review Environmental Rule of Law Directions 2 I J K A Introduction PART A1An appeal was filed before the Principal Bench of the National Green Tribunal1 at New Delhi challenging the grant of an Environmental Clearance2 for the developmen...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4779 OF2019(Arising out of Special Leave Petition (Civil) No.19033 of 2017) Ssangyong Engineering & Construction Co. Ltd. Appellant Versus National Highways Authority of India (NHAI) Respondent JUDGMENT R.F. NARIMAN, J.1. 2. Leave granted. The respondent, National Highways Authority of India [NHAI]., invited bids for construction of a four-lane bypass on National Highway 26 in the State of Madhya Pradesh. The appellants bid was accepted vide its letter of acceptance dated 30.12.2005, for a total contract value of INR21901,16,805/-. The appellant before us is a company registered under the laws of the Republic of Korea, whereas the respondent is a Government of India undertaking, responsible for 1 construction of National Highways throughout the territory of India. The components used in execution of work for which price adjustment was payable to the appellant are labour, plant and machinery, petrole...
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