Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICITION CRIMINAL APPEAL NO.597 OF2010Sushil Ansal Appellant Versus State Through CBI Respondent (With Crl. Appeals No.598/2010, 599/2010, 600-602/2010, 604/2010, 605- 616/2010 and 617-627/2010) JUDGMENT T.S. THAKUR, J.Enforcement of laws is as important as their enactment, especially where such laws deal with safety and security of citizens and create continuing obligations that call for constant vigil by those entrusted with their administration. Callous indifference and apathy, extraneous influence or considerations and the cynical Chalta Hai attitude more often than not costs the society dearly in man-made tragedies whether in the form of fire incidents, collapse of buildings and bridges, poisonous gas leaks or the like. Short-lived media attention followed by investigations that at times leave the end result flawed and a long winding criminal trial in which the witnesses predecease their depositions or switch sides u...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.38 OF1997Dr. Subramanian Swamy Petitioner Versus Director, Central Bureau of Investigation & Anr. Respondents WITH WRIT PETITION (CIVIL) No.21 OF2004Centre for Public Interest Litigation Petitioner Versus Union of India Respondent JUDGMENT R.M. LODHA, CJI. Section 6-A of the Delhi Special Police Establishment Act, 1946 (for short, the DSPE Act), which was inserted by Act 45 of 2003, reads as under:Section 6-A. Approval of Central Government to conduct inquiry or investigation.- (1) The Delhi Special Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval of the Central Government where such allegation relates to- (a) the employees of the Central Government of the Level of Joint Secretary and above; and (b) such officers as are appointed...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3934 OF2017RAM PARSHOTAM MITTAL & ORS. APPELLANTS VERSUS HOTEL QUEEN ROAD PVT. LTD. & ORS. RESPONDENTS WITH CIVIL APPEAL NO.3935 OF2017JUDGMENT ARUN MISHRA, J.1. The appeal arises out of the judgment dated 31.5.2013 passed by the High Court of Delhi, setting aside an order dated 31.1.2006 passed by the Company Law Board in Company Petition No.64/2005.2. The backdrop facts indicate that the Government of India took a policy decision on 5.7.2002 to disinvest its shares in the Indian Tourism Development Corporation (in short, the ITDC) which owns various hotel properties; one of them being Indraprastha Hotel, formerly known as Hotel Ashok Yatri Niwas, (hereinafter referred to as the hotel).3. In terms of an approved scheme of Arrangement of Demerger the hotel was transferred to the Respondent No.1 Hotel Queen Road Pvt. 2 Ltd. (in short, HQRL) which was created as a Special Purpose Vehicle to enable ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3793 OF2016VINOD KUMAR APPELLANT(S) VERSUS ASHOK KUMAR GANDHI RESPONDENT(S) With C.A. No.8972-8973/2017, C.A.No.6063 of 2019(arising out of SLP(C) No.19965/2017), C.A.No.6064 of 2019 (arising out of SLP(C) No.20414/2017), C.A.Nos. 6066-6072 of 2019 (arising out of SLP(C) No.20735- 20741/2017), C.A.No.6073 of 2019 (arising out of SLP(C) No.22383/2017), C.A. No.16916/2017 and C.A.No.6075 of 2019 (arising out of SLP(C) No.28455/2017) JUDGMENT ASHOK BHUSHAN, J.Leave granted.2. These appeals, except one where leave to defend was granted, have been filed against the judgment of Delhi High Court dismissing the Rent Control Revisions filed by the appellants in which the order passed by the Rent Controller rejecting the 2 application filed by the appellants-tenants seeking leave to defend in a petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 have been challenged.3. The appellants are ten...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9546 OF2010Asha John Divianathan Appellant versus Vikram Malhotra & Ors. Respondents JUDGMENT A. M. KHANWILKAR, J.1. The central issue in this appeal is in reference to Section 31 of the Foreign Exchange Regulation Act, 19731. To wit, transaction (specified in Section 31 of the 1973 Act) entered into in contravention of that provision is void or is only voidable and it can be voided at whose instance?.2. The undisputed facts are that one Mrs. F.L. Raitt, widow of late Mr. Charles Raitt, a foreigner and the owner of the property in question, gifted it to respondent No.1 (Vikram Malhotra) without obtaining previous permission of the Reserve Bank of India2 under 1 For short, the 1973 Act 2 For short, the RBI 2 Section 31 of the 1973 Act. Further, before executing the gift deed, she had executed an agreement of sale in favour of one Mr. R.P. David, father of appellant (Asha John Divianathan) and husban...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2022(Arising out of SLP (C)No.14697 of 2021) M/S. PATIL AUTOMATION PRIVATE LIMITED AND ORS. APPELLANT(S) VERSUS RAKHEJA ENGINEERS PRIVATE LIMITED RESPONDENT(s) WITH CIVIL APPEAL No.OF2022(Arising out of SLP (C)No.5737 of 2022) ALONG WITH SPECIAL LEAVE PETITION (C) Diary No.29458 of 2021 JUDGMENT K. M. JOSEPH, J.1. Leave granted.2. The seminal question which arises for consideration is whether the statutory pre-litigation mediation contemplated under Section 12A of the Commercial Courts Act, 2015 1 (hereinafter referred to as Act) as amended by the Amendment Act of 2018 is mandatory and whether the Courts below have erred in not allowing the applications filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC), to reject the plaints filed by the respondents in these appeals without complying with the procedure under Section 12A of the Act.3. In Civil Appea...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8714 OF2022(Arising Out of SLP (CIVIL) NO.18607 OF2004 KARNATAKA POWER TRANSMISSION CORPORATION LIMITED ...APPELLANT(S) VERSUS JSW ENERGY LIMITED (EARLIER KNOWN AS JINDAL THERMAL POWER COMPANY LIMITED & JINDAL TRACTABEL POWER COMPANY LIMITED) & ORS. ...RESPONDENT(S) With CIVIL APPEAL NO.8715 OF2022(Arising Out of SLP (CIVIL) NO.23793 OF2004 KARNATAKA ELECTRICITY REGULATORY COMMISSION ...APPELLANT(S) VERSUS JINDAL THERMAL POWER COMPANY LIMITED & OTHERS ...RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. Leave granted. Being connected, the appeals are being disposed of by a common judgment. 12. The appellant, in appeal arising out of SLP (C) No.18607/04, is the Karnataka Power Transmission Corporation Limited and hereinafter referred to as the appellant.3. By the impugned judgment, the High Court has allowed Miscellaneous First Appeal No.4795 of 2002 filed by the first respondent herein, viz., JSW Energy Ltd., ...
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REPORTABLE2023INSC992IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7602 OF2023(@ SLP (C) No.730/2022) ANKITA THAKUR & ORS. APPELLANTS VERSUS THE H.P. STAFF SELECTION COMMISSION & ORS. RESPONDENTS WITH CIVIL APPEAL No.7603 OF2023(@ SLP (C) No.729/2022) CIVIL APPEAL No.7604 OF2023(@ SLP (C) No.4321/2022) CIVIL APPEAL No.7605 OF2023(@ SLP (C) No.9977/2022) CIVIL APPEAL No.7606 OF2023(@ SLP (C) No.17676/2022) JUDGMENT MANOJ MISRA, J.1. Leave granted.2. All these appeals are directed against a common judgment and order1 of the High Court2 disposing of a 1 Order dated 31.12.2021 2 High Court of Himachal Pradesh Special Leave Petition (C) No.730 of 2022 Page 1 of 57 batch of writ petitions as well as intra-court appeals concerning recruitment on the post of Junior Office Assistant3, a Class III (Non-gazetted) post, under the Government of Himachal Pradesh4. There being a commonality of law and facts concerning these appeals, they are being decided by a common judg...
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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...
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REPORTABLE2024INSC466IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7906 OF2010MAHESH CHAND BARETH & ANR. APPELLANT(s) VERSUS STATE OF RAJASTHAN & ORS. RESPONDENT(s) With Civil Appeal No._____ of 2024 [@SLP(C) No.34742/2013]. Civil Appeal Nos. 8656-8668/2011 Civil Appeal No.9618/2011 Civil Appeal No.10709/2011 Civil Appeal No.10712/2011 Civil Appeal No.10711/2011 Civil Appeal No.10710/2011 Civil Appeal No.6898/2012 Civil Appeal No.1668/2012 Civil Appeal No.1038/2012 Civil Appeal No.11332/2011 Civil Appeal No.11442/2011 Civil Appeal No.11407/2011 Civil Appeal No.4559/2012 Civil Appeal Nos.6096-6104/2012 Civil Appeal No.8661/2012 Civil Appeal No.______ of 2024 [SLP(C) No.34663/2013]. Civil Appeal No.322/2013 Civil Appeal Nos.9328-9331/2010 1 Civil Appeal No.10281/2010 Civil Appeal Nos. 2800-2802/2011 Civil Appeal Nos. 2806-2808/2011 Civil Appeal No.2803/2011 Civil Appeal Nos.2804-2805/2011 Civil Appeal No.2980/2011 Civil Appeal No.2978/2011 Civil Appeal No.297...
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