Court : Supreme Court of India
2024 INSC92REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.704 of 2024 (@ SPECIAL LEAVE PETITION (CRIMINAL) No.10047 of 2023) GURWINDER SINGH APPELLANT VERSUS STATE OF PUNJAB & ANOTHER ...RESPONDENTS JUDGEMENT Aravind Kumar J.1. Leave granted.2. The present appeal impugns the order dated 24.04.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-D No.144 of 2022 (O&M) whereby the High Court has upheld the order dated 16.12.2021 passed by the Special Judge, NIA Court, SAS Nagar, Mohali in an application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C) filed by the Appellant herein-Gurwinder Singh along with other co- accused seeking regular bail in NIA Case RC.19/2020/NIA/DLI, registered under Sections 124A, 153A, 153B, 120-B of the Indian Penal Code, 1860 1 (IPC), Section(s) 17, 18, 19 of the Unlawful Activities (Prevention) Act, 1967 (UAP Act) and Sections 25 and 54 of the Arms Act, 1959, which cam...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2024INSC80IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 235-236 OF2024THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA APPELLANT VERSUS RNS SHANMUGAVELU RESPONDENT JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided in the following parts:- INDEX A. FACTUAL MATRIX ............................................................................. 3 B. IMPUGNED ORDER .......................................................................... 13 C. SUBMISSIONS OF THE APPELLANT ............................................ 17 D. SUBMISSIONS OF THE RESPONDENT ......................................... 18 E. ANALYSIS (Points for Determination) .............................................. 19 i) Legislative History and Scheme of the SARFAESI Act ..................... 20 ii) Applicability of Section(s) 73 & 74 of the 1872 Act to Forfeiture under the SARFAESI Rules. ...............................................................
Tag this Judgment!Court : Supreme Court of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA2024INSC50CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 64/2012 PRAMILA APPELLANT(S) VERSUS STATE OF CHHATTISGARH RESPONDENT(S) JUDGMENT ABHAY S. OKA, J.Heard the learned senior counsel appearing for the appellant and the learned counsel for the respondent/State. The appellant has taken an exception to the judgment and order dated 3rd May, 2010 passed by the Division Bench of the High Court of Chhattisgarh. The appellant herein was the second appellant before the High Court. The appellant was convicted for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment. The issue of juvenility was raised by the appellant in this Appeal during the course of hearing by filing an interlocutory application. Therefore, vide order dated 13th September, 2023, this Court directed the Sessions Court to hold an enquiry into that aspect of issue of juvenility. In ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2024INSC41IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO._______________OF2024(Arising out of Petition for Special Leave to Appeal (Criminal) No.12289 of 2023) NARA CHANDRABABU NAIDU APPELLANT(S) VERSUS THE STATE OF ANDHRA PRADESH & ANR. RESPONDENT(S) JUDGMENT ANIRUDDHA BOSE, J.Leave granted.2. The appellant is aggrieved by initiation of a criminal proceeding against him and his detention in connection with the same by the respondent State through its CID. Allegations have been made against him for commission of offences under 1 Sections 166, 167, 418, 420, 465, 468, 471, 409, 209 and 109 read with Sections 120B, 34 and 37 of the Indian Penal Code, 1860 and Section 12 and 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. The said offences are alleged to have been committed between the years 2015 and 2019, during which period he was the Chief Minister of the State of Andhra Pradesh. Initially, a First Informa...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2024INSC36IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9695 OF2013ASMA LATEEF & ANR. APPELLANTS VS. SHABBIR AHMAD & ORS. RESPONDENTS JUDGMENT DIPANKAR DATTA, J.The Challenge 1. Respondents 1 to 3 had filed an objection under section 47 of the Code of Civil Procedure, 1908 (CPC, hereafter) in an execution application filed before the Executing Court by the appellants. It was urged, based on the case pleaded therein, that the decree put to execution was inexecutable. The Executing Court, on 19th March, 2008, allowed the objections of the respondents 1 to 3, resulting in dismissal of the execution application. 12. A revision was carried by the appellants from the order dated 19th March, 2008 before the Revisional Court which, vide its order dated 21st February, 2009, dismissed the objection filed by the respondents 1 to 3 and directed the Executing Court to proceed with the execution of the decree whilst treating such objection as non-maintainable.3...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2024INSC30IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5348-5349 OF2019THE STATE OF HIMACHAL PRADESH AND OTHERS APPELLANT(S) VERSUS YOGENDERA MOHAN SENGUPTA AND ANOTHER RESPONDENT(S) WITH TRANSFERRED CASE (C) No.2 OF2023INDEX I INTRODUCTION Paras 1 to 2 II. FACTS Paras 3 to 4.1 III. SUBMISSIONS Paras 5 to 29 IV. CONSIDERATION Paras 30 to 122 A. Legislative Scheme of the TCP Act. Paras 30 to 44 B. Nature of functions/powers of the Paras 45 to 61 Authorities under Chapter-IV of the TCP Act. C. Whether the NGT could have issued Paras 62 to 70 directions to the legislative body to exercise its legislative functions in a particular manner?. D. Whether observations in Para 47 of the Paras 71 to 78 Mantri Techzone Private Limited (supra) would operate as res judicata?. E. Development Plan 2041. Paras 79 to 90 F. Whether the NGT was justified in Paras 91 to 112 passing the order dated 14th October 2022 when the High Court was seized of the same issue d...
Tag this Judgment!Court : Supreme Court of India
2024 INSC24REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO.491 OF2022BILKIS YAKUB RASOOL ...PETITIONER VERSUS UNION OF INDIA & OTHERS RESPONDENTS WITH WRIT PETITION (CRL.) NO.319 OF2022WRIT PETITION (CRL.) NO.326 OF2022WRIT PETITION (CRL.) NO.352 OF2022WRIT PETITION (CRL.) NO.403 OF2022WRIT PETITION (CRL.) NO.422 OF2022JUDGMENT NAGARATHNA, J.Table of Contents Sr. Particulars Page No(s). No.1 Preface 3-5 2 Details of the writ petitioners 5-9 3 Factual Background 9-25 Writ Petition (Crl.) No.491 of 2022 Etc. Page 1 of 251 4 Counter affidavit of State of Gujarat 25-47 5 Submissions 47-87 6 Reply Arguments 87-101 7 Points for consideration 101-251 (A) Re: Point No.1: Whether the petition 102-106 filed by one of the victims in Writ Petition (Crl.) No.491 of 2022 under Article 32 of the Constitution is maintainable?. (B) Re: Point No.2: Whether the writ petitions filed as Public Interest 106-117 Litigation (PIL) assailing the impugned orders of...
Tag this Judgment!Court : Supreme Court of India
2024 INSC22REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2024(Arising out of SLP(Crl.) No.11654/2023) GURDEV SINGH BHALLA APPELLANT(S) VERSUS STATE OF PUNJAB & ORS. RESPONDENT(S) JUDGMENT VIKRAM NATH, J.Leave granted.2. The challenge by means of this appeal is to an order dated 23rd March, 2023 passed by the High Court of Punjab and Haryana at Chandigarh whereby the Criminal Revision filed by the appellant against the order of the Special Judge, Bathinda dated 05.03.2018 allowing the application under Section SLP(Crl.) No.11654 of 2023 Page 1 of 13 319 of the Code of Criminal Procedure, 19731 summoning the appellant along with three other officials of the Police Department has been dismissed.3. Relevant facts are as follows:3. 1. Punjab Agro Foodgrains Corporation Ltd., Bathinda, lodged a complaint on 18.12.2012 at Police Station, Phul, District Bathinda against one Devraj Miglani2 which was registered as FIR No.91/2012 under Sections 406...
Tag this Judgment!Court : Supreme Court of India
2024 INSC7REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.20-21 OF2024(@ SPECIAL LEAVE PETITION (CIVIL) NOS. 3877- 3878 OF2022 RADHEY SHYAM YADAV & ANR. ETC. ...APPELLANT(S) VS. STATE OF U.P. & ORS. ...RESPONDENT(S) JUDGMENT K.V. Viswanathan, J.1. Leave granted.2. Radhey Shyam Yadav, Lal Chandra Kharwar and Ravindra Nath Yadav are the three appellants. On 25.06.1999, they were appointed as Assistant Teachers at the Junior High School, Bahorikpur, Maharajganj, District Jaunpur, U.P. (hereinafter referred to as the School). From October, 2005, abruptly their salaries were stopped. They 1 moved the High Court for redressal. Both the learned Single Judge and the Division Bench declined them relief. Aggrieved, they are before us in these Appeals. Brief facts:- 3. From the record, it appears that the School started as a recognized unaided school in 1983-1984 with one post of Head Master, four posts of Assistant Teacher, three posts of Peon and one post ...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC3IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL/CRIMINAL JURISDICTION Writ Petition (C) No.162 of 2023 Vishal Tiwari Petitioner Versus Union of India & Ors. Respondents With Writ Petition (Crl) No.39 of 2023 With Writ Petition (C) No.201 of 2023 And with Writ Petition (Crl) No.57 of 2023 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Table of Contents A. Factual background and submissions ....................................................... 3 B. The scope of judicial review over SEBIs regulatory domain ................. 11 C. There is no apparent regulatory failure attributable to SEBI .................. 17 D. The plea to transfer the investigation from SEBI to another agency or to an SIT .................................................................................................................. 23 i. The power to transfer an investigation is exercised in extraordinary situations ......................................................................................
Tag this Judgment!