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...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO.4184 OF2009State of West Bengal & Ors. . Appellants Calcutta Club Limited Versus AND Respondent CIVIL APPEAL No.7497 OF2012Chief Commissioner of Central Excise and Service & Ors. . Appellants M/s. Ranchi Club Ltd. Respondent CIVIL APPEAL No.7773 OF2019(ARISING OUT OF SLP (C) NO.26883 OF2013 CIVIL APPEAL No.7771 OF2019(ARISING OUT OF SLP (C) NO.22909 OF2013 CIVIL APPEAL No.7772 OF2019(ARISING OUT OF SLP (C) NO.24977 OF2013 Versus WITH WITH WITH WITH CIVIL APPEAL NOS.4377-4380 OF2015WITH CIVIL APPEAL NO.5157 OF2015WITH CIVIL APPEAL NO.7030 OF2015WITH CIVIL APPEAL NO.8543 OF2015WITH CIVIL APPEAL NO.7259 OF2015WITH1CIVIL APPEAL NO.7924 OF2015CIVIL APPEAL No.7774 OF2019(ARISING OUT OF SLP (C) NO.33249 OF2015 WITH WITH WITH WITH WITH WITH WITH WITH WITH CIVIL APPEAL No.7775 OF2019(ARISING OUT OF SLP (C) NO.151 OF2016 CIVIL APPEAL No.7781 OF2019(ARISING OUT OF SLP (C) NO.2491 OF2016 CIVIL APPEAL N...
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Civil Appeal No.5808 of 2017 SK. MD. Rafique vs. Managing Committee, contai Rahamania High Madrasah and Others IN THE SUPREME COURT OF INDIA1Reportable CIVIL APPELLATE/ORIGINAL/INHERENT JURISDICTION CIVIL APPEAL NO.5808 OF2017Sk. Md. Rafique VERSUS Managing Committee, Contai Rahamania High Madrasah and Others Appellant Respondents WITH C.A. No.6098/2017 CONMT.PET.(C) No.670/2017 In SLP(C) No.6661/2016 CONMT.PET.(C) No.669/2017 In SLP(C) No.6661/2016 CONMT.PET.(C) No.828/2017 In SLP(C) No.6661/2016 C.A. No.5809/2017 C.A. No.5826/2017 C.A. No.5817/2017 C.A. No.5814/2017 CONMT.PET.(C) No.583/2016 In SLP(C) No.6661/2016 C.A. No.5829/2017 W.P.(C) No.723/2016 CONMT.PET.(C) No.846/2016 In SLP(C) No.6661/2016 Civil Appeal No.5808 of 2017 SK. MD. Rafique vs. Managing Committee, contai Rahamania High Madrasah and Others 2 CONMT.PET.(C) No.1509/2017 in C.A. No.5808/2017 W.P.(C) No.629/2017 CONMT.PET.(C) No.1798/2017 in C.A. No.5808/2017 CONMT.PET.(C) No.937/2018 in C.A. No.5808/2017 CONMT.PET.(C)...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 2566 of 2019 Bengaluru Development Authority ...Appellant Versus Mr Sudhakar Hegde & Ors. ...Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J Index A B C D E F Introduction Submissions Issues Date of commencement of the PRR project Applicability of the EIA Notification 2006 Compliance with the procedure under the EIA Notification 2006 1 G Deficiencies in the EIA report G.1 Accreditation of the EIA consultant G.2 Forest land G.3 Trees G.4 Pipeline H Appraisal by the SEAC Courts and the environment Directions I J2PART A A Introduction 1. The present appeal arises from a judgment of the Principal Bench of the National Green Tribunal1 dated 8 February 2019 quashing the Environmental Clearance2 granted to the appellant for the development of an eight lane Peripheral Ring Road3 connecting Tumkur Road to Hosur Road and totaling a length of 65 kilometers. The NGT was of the view that the primary data upon ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 20825-20826 OF2017ARJUN PANDITRAO KHOTKAR Appellant Versus KAILASH KUSHANRAO GORANTYAL AND ORS. Respondents WITH CIVIL APPEAL NO.2407 OF2018CIVIL APPEAL NO.3696 OF2018JUDGMENT R.F. Nariman, J.1. 2. I.A. No.134044 of 2019 for intervention in C.A. Nos. 20825- 20826 of 2017 is allowed. These Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference order dated 26.07.2019, dealing with the interpretation of Section 65B of the Indian 1 Evidence Act, 1872 (Evidence Act) by two judgments of this Court. In the reference order, after quoting from Anvar P.V. v. P.K. Basheer & Ors. (2014) 10 SCC473(a three Judge Bench decision of this Court), it was found that a Division Bench judgment in SLP (Crl.) No.9431 of 2011 reported as Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC801may need reconsideration by a Bench of a larger strength.3. The brief...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2773 OF2020(Arising out of SLP(Civil) No.2252 of 2019) M/S. ULTRATECH CEMENT LTD. & ANR. .APPELLANT(S) VERSUS STATE OF RAJASTHAN & ORS. .RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.PRELIMINARY AND BRIEF OUTLINE Leave granted.2. This appeal is directed against the judgment and order dated 11.01.2019 passed in D.B. Civil Writ Petition No.9090 of 2018, whereby the High Court of Judicature for Rajasthan, Bench at Jaipur, dismissed the writ petition filed by the appellants while upholding the order of revision dated 12.03.2018 as passed by the Additional Chief Secretary, Finance, Government of Rajasthan, Jaipur1 in revision proceedings under Clause 13 of the Rajasthan Investment Promotion Scheme-20032. 1 ACS for short 2 Hereinafter also referred to as RIPS-2003 or simply the Scheme. 1 2.1. The appellant No.1, M/s Ultratech Cement Limited (Unit-Kotputli Cement Works), is a public limited company registered ...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO(s). 2904 OF2020(arising out of SLP (Civil) No(s). 16893 of 2018) M/S. EXL CAREERS AND ANOTHER ...APPELLANT(S) VERSUS FRANKFINN AVIATION SERVICES PRIVATE LIMITED ..RESPONDENT(S) JUDGMENT NAVIN SINHA, J.Leave granted.2. The present appeal has been placed before us on a reference by a two Judge Bench opining a perceived conflict between two Division Bench decisions in Joginder Tuli vs. S.L. Bhatia, (1997) 1 SCC502and Oil and Natural Gas Corporation Ltd. vs. Modern Construction & Co., (2014) 1 SCC648 The question of law we are required to answer is that if a plaint is returned under Order VII Rule 10 and 10A of the Code of Civil Procedure 1908, (hereinafter called as the Code) for presentation in the court in which it should have been instituted, whether the suit shall proceed de novo or will it continue from 1 the stage where it was pending before the court at the time of returning of the plaint. The ord...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.200 OF2020(@ S.L.P.(CRIMINAL)No.4178 of 2019) UNION OF INDIA ... APPELLANT(S) VERSUS ASHOK KUMAR SHARMA AND OTHERS ... RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. What is the interplay between the provisions of the Code of Criminal Procedure (hereinafter referred to as CrPC for short) and the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act for short)?. Whether in respect of offences falling under chapter IV of the Act, 1 a FIR can be registered under Section 154 of the CrPC and the case investigated or whether Section 32 of the Act supplants the procedure for investigation of offences under CrPC and the taking of cognizance of an offence under Section 190 of the CrPC?. Still further, can the Inspector under the Act, arrest a person in connection with an offence under Chapter IV of the Act.2. One Naushad Khan made an online complaint on 22.2.2018. The Commissioner (Food Protection ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3100 OF2020SAMIR AGRAWAL APPELLANT VERSUS COMPETITION COMMISSION OF INDIA & ORS ....RESPONDENTS JUDGMENT R.F. Nariman, J.1.The present appeal is at the instance of an Informant who describes himself as an independent practitioner of the law. The Appellant/Informant, by an Information filed on 13.08.2018 [the Information]., sought that the Competition Commission of India [CCI]. initiate an inquiry, under section 26(2) of the Competition Act, 2002 [the Act]., into the alleged anti-competitive conduct of ANI Technologies Pvt. Ltd. [Ola]., and Uber India Systems Pvt. Ltd., Uber B.V. and Uber Technologies Inc. [together referred to as Uber]., alleging that they entered into price-fixing agreements in contravention of section 3(1) read with section 3(3)(a) of the Act, and engaged in resale price maintenance in contravention of section 3(1) 1 read with section 3(4)(e) of the Act. According to the Informant, ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) No.229 OF2020RAJEEV SURI ...PETITIONER Versus DELHI DEVELOPMENT AUTHORITY & ORS. ...RESPONDENTS with TRANSFERRED CASE (CIVIL) No.230 OF2020CIVIL APPEAL No....... OF2020(Arising out of S.L.P. (Civil) No../2020) (@ Diary No.8430/2020) WRIT PETITION (CIVIL) No.510/2020 WRIT PETITION (CIVIL) No.638/2020 WRIT PETITION (CIVIL) No.681/2020 WRIT PETITION (CIVIL) No.845/2020 WRIT PETITION (CIVIL) No.853 OF2020WRIT PETITION (CIVIL) No.922/2020 WRIT PETITION (CIVIL) No.1041/2020 1 JUDGMENT A.M. Khanwilkar, J.TABLE OF CONTENTS S.No.TOPIC PARAS1 Introduction 1 2. Objectives of the Project 2-10 3. Proceedings and Contentions of the 11-123 Parties Consideration 4. Rule of Law 124-135 5. Democratic Due Process and 136-158 Judicial Review 6. Need for Heightened Judicial 159-167 Review 7. Constitutionalism 168-172 8. Participatory Democracy in India 173-198 9. Change in Land Use 199 a) What is Master Plan and Z...
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