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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...
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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 ...
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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 ...
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1 REPORTABLE2023INSC1070IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.___________ OF2023(@ SPECIAL LEAVE TO APPEAL (C) No.21335 OF2022 State of Haryana and Others Appellants Versus Dinesh Singh and Another Respondents JUDGMENT Justice Aravind Kumar, J.1. Leave granted.2. The broad issue at hand relates to recruitment and appointment to the posts in the Haryana Civil Service (Executive Branch)1. The process of recruitment to the posts in the Service are governed by Haryana Civil Service (Executive Branch) Rules, 2008 [for short, the Rules].. 1 Hereinafter referred to as Service 2 3. Part II2 of the Rules is titled Recruitment to Service. For a person to be appointed in the Service, Rule 73 requires that such persons name must be found in one or other of the registers of Accepted Candidates to be maintained under these rules. Rule 84 requires the Chief Secretary to maintain Registers of Accepted Candidates. From among the various Registers to be maintained, ...
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REPORTABLE2023INSC1074IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.14524 OF2015UNION OF INDIA & ORS APPELLANT(S) VERSUS AIR COMMODORE NK SHARMA (17038) ADM/LGL RESPONDENT(S) JUDGMENT SANJAY KAROL J., 1. This Civil Appeal, under Section 31(1)1 of the Armed Forces Tribunal Act, 20072 at the instance of the Union of India, is directed against the judgment and order dated 30th November 2015, passed by the Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.537 of 2014. 131. Leave to appeal.(1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme Court that the point is one which ought to be considered by that Court. 2 Referred to as the Act 1| [Civil Appeal No.14524 of 2015]. For ease, the Union of India is hereafter referred to as the A...
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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 ...................................................................................
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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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2023 INSC1030REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4910 OF2023VIJAY Appellant(s) Versus UNION OF INDIA & ORS. ...Respondent(s) JUDGMENT SANJAY KAROL J.1. The issues that arise for consideration of this Court in the present appeal are:1. 1 Whether the bar of admissibility created by Section 35 of the Indian Stamp Act 18991 applies to the 1 Hereinafter referred to as Stamp Act 1-Civil Appeal No.4910 of 2023 agreement(s) to sell dated 04.02.1988 executed by the parties?. 1.2 Can a copy of a document be adduced as secondary evidence when the original instrument is not in possession of the party?. 1.3 Whether, in the facts of the present case, would the decision of this Court in Jupadi Kesava Rao v. Pulavarthi Venkata Subha Rao2 be binding as held by both the Courts below?. FACTUAL MATRIX2 Plaintiff and Defendant entered into an agreement to sell on 04.02.1998, and pursuant to that, Plaintiff was allegedly put in possession by Defendant. When ...
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1 2023 INSC1026REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3618 OF2023[@ SPECIAL LEAVE PETITION (CRL.) NO.8658 OF2017 VISHNU KUMAR SHUKLA & ANR. APPELLANTS A1: VISHNU KUMAR SHUKLA A2: VINEETA SHUKLA VERSUS THE STATE OF UTTAR PRADESH & ANR. RESPONDENTS R1: THE STATE OF UTTAR PRADESH R2: RAM KUMAR GARG JUDGMENT AHSANUDDIN AMANULLAH, J.Leave granted.2. This appeal is directed against the Final Judgment and Order dated 02.08.2017 (hereinafter referred to as the Impugned Judgment) passed by 2 the Lucknow Bench of the High Court of Judicature at Allahabad (hereinafter referred to as the High Court) in Case U/S482378/407 Cr.P.C. No.4929 of 2017, by which the Order dated 02.06.2017 passed by the Chief Judicial Magistrate, Lucknow rejecting the prayer for discharge of the appellants, who are husband and wife, respectively, has been upheld. THE FACTUAL PRISM:3. In brief, the allegations are that the Complainant/Respondent No.2 (hereinafter referr...
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REPORTABLE2023INSC1022IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.339 OF2023NEW INDIA ASSURANCE CO. LTD. & ORS. APPELLANTS VERSUS M/S. MUDIT ROADWAYS RESPONDENT JUDGMENT Hrishikesh Roy, J.1. Heard Mr. Aditya Kumar, learned counsel appearing for the appellants. Also heard Mr. Parthiv K. Goswami and Mr. Mrinal Kumar Choudhury, learned Senior Counsel for the respondent.2. This appeal challenges the 10.8.2022 order of the National Consumer Disputes Redressal Commission (hereinafter referred to as, the NCDRC for short), which partially allowed the consumer complaint directing the Insurance Company to pay Rs.6,57,55,155/- for a fire insurance claim with 9% interest from Page 1 of 33 claim denial date within 8 weeks, or face 12% interest beyond the stipulated 8 weeks. INSURANCE POLICIES & CLAIM PROCESS3 The respondent purchased the following insurance policies: Sr. Description Date Duration of Sum No.Premium Policy Insured Paid 1 Standard Fire 19.06.2017 19.06.2...
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