Court : Supreme Court of India
2024 INSC162REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1495 OF2023Rajesh Monga . Appellant(s) Versus Housing Development Finance Corporation Limited & Ors. . Respondent(s) JUDGMENT A.S. Bopanna, J.1. The appellant is before this Court in this appeal claiming to be aggrieved by the order dated 10.11.2022 passed by the National Consumer Disputes Redressal Commission, New Delhi (NCDRC for short) in Consumer Complaint No.2367 of 2018. By the said order the NCDRC has concluded that the appellant is bound by the terms and C.A. No.1495 of 2023 Page 1 conditions of the agreement dated 11.01.2006, while the respondent was bound by various instructions of the Reserve Bank of India (RBI for short), at the time of signing the agreement dated 11.01.2006. Hence the complaint filed by the appellant was dismissed. The appellant is therefore before this Court.2. The brief facts are that the appellant was in need of home loan. The respondents No.2 and 3 being t...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC161IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.451 of 2019 Sita Soren Appellant Versus Union of India Respondent Page 1 of 135 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Table of Contents A. Reference 4 B. Overview of the judgment in PV Narasimha Rao 8 C. Submissions 14 D. Reconsidering PV Narasimha Rao does not violate the principle of stare decisis 22 E. History of parliamentary privilege in India 34 F. Purport of parliamentary privilege in India 44 I. Functional analysis 44 II. Parliamentary privilege as a collective right of the House 54 III. Necessity test to claim and exercise a privilege 60 G. Bribery is not protected by parliamentary privilege 65 I. Bribery is not in respect of anything said or any vote given 65 II. The Constitution envisions probity in public life 72 III. Courts and the House exercise parallel jurisdiction over allegations of bribery 76 Page 2 of 135 IV. Delivery of results is irrelevant to the offence of...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2024INSC155IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION No.29 OF2023M/S ARIF AZIM CO. LTD. PETITIONER VERSUS M/S APTECH LTD. RESPONDENT JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided into the following parts: - INDEX A. FACTUAL MATRIX .................................................................................... 2 B. SUBMISSIONS ON BEHALF OF THE PETITIONER ........................ 15 C. SUBMISSIONS ON BEHALF OF THE RESPONDENT ...................... 18 D. ANALYSIS ................................................................................................... 21 i. ISSUE No.1: Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996?. If yes, whether the present petition is barred by limitation?. ............................................................. 22 a. When does the right to apply...
Tag this Judgment!Court : Supreme Court of India
2024 INSC152Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9035 OF2013(@Special Leave Petition (C) No.33563 of 2011) Savitri Bai and another Appellants Versus Savitri Bai Respondent JUDGMENT SANJAY KUMAR, J1 Civil Suit No.22A/80 was dismissed by the learned Additional Civil Judge, Class-1, Mudwara Katni, vide judgment dated 21.12.1992. The same stood confirmed in appeal by the learned First Additional District Judge, Mudwara Katni, when Civil Appeal No.1A/1993 filed by the plaintiff was dismissed on 14.03.1997. However, Second Appeal No.395 of 1997 filed by the said plaintiff was allowed by the High Court of Madhya Pradesh at Jabalpur on 28.07.2011. Thereby, the High Court declared that the plaintiff was the owner of the suit house property under the registered Sale Deed dated 18.01.1979 and decreed its possession in 1 her favour. Further, the High Court declared the Will dated 23.03.1977 executed in favour of Meghraj, the second defendant, ...
Tag this Judgment!Court : Supreme Court of India
2024 INSC145REPORTABLE IN THE SUPREME COURT OF INDIA INHERANT JURISDICTION MISCELLANEOUS APPLICATION (CIVIL) No.2045 OF2022IN CURATIVE PETITION (CIVIL) DIARY No.23828 OF2020IN REVIEW PETITION (CIVIL) NO.789 OF2019IN CIVIL APPEAL NO.8450 OF2016M/S BRAHMAPUTRA CONCRETE PIPE INDUSTRIES ETC. ETC. APPELLANT(S) VERSUS THE ASSAM STATE ELECTRICITY BOARD AND OTHERS RESPONDENT(S) WITH MISCELLANEOUS APPLICATION (CIVIL) NOS . 2046 , 2047 , 2048 AND2050OF2022IN CURATIVE PETITION (CIVIL) DIARY NOS . 23829, 23830, 23831 OF2020AND14718of 2021 IN REVIEW PETITION (CIVIL ) NOS . 786 787 OF2019IN1CIVIL APPEAL NOS . 8442 8443 OF2016WITH MISCELLANEOUS APPLICATION (CIVIL ) NO . 2049 OF2022IN CURATIVE PETITION (CIVIL ) DIARY NO . 23833 OF2020IN REVIEW PETITION (CIVIL ) NO . 788 OF2019IN CIVIL APPEAL NO . 8445 OF2016JUDGMENT ANIRUDDHA BOSE, J.The appellants before us are firms who are aggrieved by an order of a Registrar (JIV) of this Court passed on 31.10.2022 declining registration of a set of petitions labe...
Tag this Judgment!Court : Supreme Court of India
2024 INSC138REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.472 OF2012RAM NATH APPELLANT VERSUS THE STATE OF UTTAR PRADESH & ORS. RESPONDENT(S) WITH CRIMINAL APPEAL No.479 OF2012CRIMINAL APPEAL No.476478 OF2012CRIMINAL APPEAL @ SLP(Crl.) No.1379 of 2011 JUDGMENT ABHAY S. OKA, J.1. Leave granted in Special Leave Petition (Crl.) No.1379 of 2011. Criminal Appeal No.472 of 20112 Page 1 of 242. The issue involved in these appeals is about the interplay between the provisions of Chapter IX of the Food Safety and Standards Act, 2006 (for short, the FSSA) and Sections 272 and 273 of the Indian Penal Code (for short, the IPC). FACTUAL ASPECT3 Criminal Appeal No.472 of 2012 takes exception to the order dated 5th October 2010 passed by a Division Bench of Allahabad High Court. The appellant filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, CrPC) seeking quashing of the prosecution for the offences punishable under Se...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2024INSC127IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1480 OF2012Dr. Mrs. Suman V. Jain ..Appellant Versus Marwadi Sammelan through its ..Respondents Secretary and Others. JUDGMENT J.K. Maheshwari J.1. The instant appeal arises out of the judgment dated 04.07.2008, passed by the Division Bench of the High Court of Judicature at Bombay in Appeal No.63 of 2008, whereby the Division Bench dismissed the appeal preferred by the appellant and confirmed the order dated 08.08.2006 passed by learned Single Judge in Writ Petition No.1611 of 2004. The said writ petition was filed by the appellant being aggrieved by an order dated 30.04.2004 passed by the Mumbai University and College Tribunal, Mumbai (hereinafter referred to as College Tribunal) in Civil Appeal No.51 of 2003. Before the College Tribunal, the appellant filed an appeal to quash the order dated 10.09.2003 passed by respondent No.1 Marwadi Sammelan Trust 1 (hereinafter referred to as Trust) r...
Tag this Judgment!Court : Supreme Court of India
1 2024 INSC115REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s)._______ OF2024(Arising out of SLP(C) No.11975/2019) CHATRAPAL . APPELLANT VERSUS THE STATE OF UTTAR PRADESH & ANR. ... RESPONDENTS JUDGMENT PRASHANT KUMAR MISHRA, J.Leave granted.2. The present appeal, by special leave, is directed against the judgment and order dated 08.01.2019 passed by the High Court of Judicature at Allahabad in Writ Petition (C) No.297 of 2 2008, whereby the High Court has dismissed the petition of the appellant being devoid of merit.3. The facts, briefly stated, are that the appellant was appointed on permanent basis on the post of Ardly (a class IV Post) in the Bareilly Judgeship. The appellant was transferred and posted as Process Server in the Nazarat of outlying court of Baheri, District Bareilly on 24.08.2001. In compliance of the transfer order, the appellant joined the Nazarat Branch in Baheri, District Bareilly as Process Server on 31.08.2001 but he was ...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC113IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No.880 of 2017 Association for Democratic Reforms & Anr. Petitioners Versus Union of India & Ors. Respondents With Writ Petition (C) No.59 of 2018 With Writ Petition (C) No.975 of 2022 And With Writ Petition (C) No.1132 of 2022 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI A. Background ................................................................................................... 4 i. Corporate Contributions ........................................................................... 5 ii. Curbing black money .............................................................................. 10 iii. Transparency ........................................................................................... 11 iv. Objections of RBI and ECI to the Electoral Bond Scheme .................. 13 v. Electoral Bond Scheme .......................................................................... 18 B. Is...
Tag this Judgment!Court : Supreme Court of India
2024 INSC134REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION MA No.2034 OF2022IN MA No.1849 OF2021IN SPECIAL LEAVE PETITION (CRL.) No.5191 OF2021SATENDER KUMAR ANTIL PETITIONER VERSUS CENTRAL BUREAU OF INVESTIGATION AND ANR. RESPONDENTS WITH MA No.2035 of 2022 in SLP (Crl.) No.5191 of 2021 ORDER A. Heard learned Amicus, Mr. Siddharth Luthra, Senior Advocate Mr. Gaurav Agarwal for National Legal Services Authority (hereinafter referred to as NALSA) and Additional Solicitor General of India, Ms. Aishwarya Bhati for the Union. B. We have perused the compliance affidavits filed by the respective States, Union Territories, Central Bureau of Investigation and NALSA on the directions issued by 1 this Court in the Judgment reported in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC51and the periodical orders passed therein. The learned Amicus having gone through these compliance affidavits in great detail has submitted a tabular chart and report...
Tag this Judgment!