Court : Supreme Court of India
Decided on : May-09-2022
Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. No.61370 of 2021 [Report No.06 0f 2021]. In Application No.1440 of 2020 I.A. No.107884 of 2021 and I.A. No.30853 & 30858 of 2022 In Writ Petition (Civil) No.202 of 1995 In the Matter of: T.N. GODAVARMAN THIRUMULPAD .... Petitioners (s) Versus UNION OF INDIA AND ORS. & ORS. . Respondent (s) ORDER1 In Interlocutory Application (I.A.) No.1308 of 2005 and other connected I.A.s in Writ Petition (C) No.202 of 1995, this Court on 05.10.2015 directed the National Board for Wildlife (NBWL) to furnish a copy of the orders passed by it relating to matters of National Parks and Wildlife Sanctuaries. The Central Empowered Committee (CEC) was given liberty to 1 | Pa ge approach this Court by filling an appropriate application, if they were not satisfied with the decision of the Standing Committee of NBWL while other aggrieved parties were given the liberty to approach the appropriate forum.2. In its 56th meeting held on 17...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-2022
WP3162022 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No 316 of 2022 NIMS University Petitioner Versus Union of India and Others Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J1In these proceedings under Article 32 of the Constitution, the petitioners seek directions (a) for the lowering of the cut off percentile for admission to Super Specialty courses; and (ii) to the Medical Counselling Committee (MCC) to conduct a mop up and stray vacancy round of the NEET - Super Specialty counselling to fill up seats which are vacant for the DM/MCh courses. WP3162022 2 2 On 5 April 2018, Gazette Notification No MCI-19(I)/2018-Med./100818 was issued by the then Medical Council of India in the following terms: In order to be eligible for admission to Postgraduate Course for an academic year, it shall be necessary for a candidate to obtain minimum of marks at 50th percentile in the National Eligibility-Cum-Entrance Test for Postgraduate courses he...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5443 OF2019PTC INDIA FINANCIAL SERVICES LIMITED ..... APPELLANT VERSUS VENKATESWARLU KARI AND ANOTHER ..... RESPONDENTS JUDGMENT SANJIV KHANNA, J.The primary legal issue which arises for consideration in this appeal is whether the Depositories Act, 1996 read with the Regulation 58 of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 19961 has the legal effect of overwriting the provisions relating to the contracts of pledge under the Indian Contract Act, 18722 and the common law as applicable in India. To facilitate analysis, this judgment has been divided into sections as follows:1. For short, 1996 Regulations. 2 For short, Contract Act. Civil Appeal No.5443 of 2019 Page 1 of 86 A. Factual background of the case B. Relevant provisions of the Contract Act C. Analysis of case laws under the Contract Act: (i) What is pledge and the legal difference between ownership...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-20-2022
..... than economic or pecuniary... 33 14.4. we have no hesitation in endorsing the views of full bench decision of bombay high court in the case of jagan gagansingh nepali @ jagya (supra). looking to the object and purpose of this enactment, the expression other advantage cannot be read in a restrictive manner and is required to be ..... or other advantage apart from pecuniary benefit. 14.3. this aspect has gone into consideration of the full bench of bombay high court in the case of jagan gagansingh nepali @ jagya (supra), wherein the court examined precisely the connotations of the expression other advantage occurring in section 2(1)(d) of the act. the question formulated had ..... learned counsel for the respondent-state has referred to the decision of the full bench of the bombay high court in the case of state of maharashtra v. jagan gagansingh nepali @ jagya & anr.: (2011) scc online bombay 1049 to submit that therein, the bombay high court has held that crimes of bodily offence could be the crimes .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-20-2022
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1301 OF2019RISHIRAJ @ TUTUL MUKHARJEE & ANR. ..Appellants VERSUS STATE OF CHHATTISGARH ..Respondent WITH CRIMINAL APPEAL NO.1302 OF2019HANI @ KOUSTUBH SAMDARIYA ..Appellant VERSUS STATE OF CHHATTISGARH ..Respondent AND CRIMINAL APPEAL NO.1303 OF2019VIJAY @ HALLO JAISWAL & ANR. ..Appellants VERSUS STATE OF CHHATTISGARH & ANR. ..Respondents JUDGMENT Uday Umesh Lalit, J.1. These appeals by special leave, at the instance of accused, named; (1) Rishiraj @ Tutul Mukharjee, (2) Samrat @ Laltu Mukharjee, (3) Vijay @ 1 Hallo Jaiswal, (4) Ajay @ Chhotu @ Jijji Jaiswal and (5) Hani @ Koustubh Samadriya, challenge the common judgment and order dated 10.08.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal Nos.452, 492, 522 and 538 of 2012.2. The present proceedings arise out of the registration of crime pursuant to First Information Report No.187 of 2010 dated 09.06.2010, lodge...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-23-2022
Crl.A.847/2022 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 847 of 2022 P R Adikesavan Appellant Versus The Registrar General, High Court of Respondents Madras and Another JUDGMENT Dr Dhananjaya Y Chandrachud, J1The appeal arises from the judgment dated 25 March 2022 of a Division Bench of the Madras High Court convicting appellant under Section 2(c)(iii) read with Section 12(1) of the Contempt of Courts Act 1971 and sentencing him two weeks of simple imprisonment. Crl.A.847/2022 2 2 Insolvency proceedings were initiated against the appellant under the provisions of the Presidency Towns Insolvency Act 1909. On 12 March 2021, a Single Judge of the Madras High Court issued a non-bailable warrant seeking the presence of the appellant on 26 March 2021. On 31 March 2021, when a team of the police tried to execute the warrant, the appellant and fifty other advocates gheraoed the police and prevented them from executing the order. The Deputy Co...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-03-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. No.1000 of 2003 (Recommendation of CEC dated 20.11.2003) WITH I.A. Nos.982984 of 2003 AND I.A. Nos.10261028 of 2004 AND I.A. Nos. 11231124 of 2004 AND I.A. Nos.11971199 of 2004 AND I.A. Nos. 12101211 of 2004 AND I.A. Nos.12501251 of 2004 AND I.A. No.1412 of 2005 AND I.A. No.1512 of 2006 AND I.A. No.1992 of 2007 AND1I.A. No.3880 of 2015 AND I.A. No.96949 of 2019 AND I.A. No.117831 of 2019 AND I.A. No.65571 of 2021 In the Matter of: WRIT PETITION (CIVIL) No.202 of 1995 In Re: T.N. Godavarman Thirumulpad ..Petitioner(s) Versus Union of India and Ors. Respondent(s) JUDGMENT ANIRUDDHA BOSE, J.These proceedings originate from the Writ Petition under Article 32 of the Constitution of India registered as W.P. (Civil) No.202 of 1995 (T.N. Godavarman Thirumulpad v. Union of India and Ors.), which is in the nature of a public interest litigation. It was instituted for protection of forest lands in the Nilgiris district of t...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-26-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No.755 OF2020ALL INDIA HAJ UMRAH TOUR ORGANIZER ASSOCIATION MUMBAI PETITIONERS v. UNION OF INDIA & ORS. RESPONDENTS WITH WRIT PETITION (C) NO.781 OF2020WRIT PETITION (C) NO.907 OF2020WRIT PETITION (C) NO.772 OF2020WRIT PETITION (C) NO.882 OF2020WRIT PETITION (C) NO.809 OF2020WRIT PETITION (C) NO.940 OF2020WRIT PETITION (C) NO.855 OF2020WRIT PETITION (C) NO.977 OF2020WRIT PETITION (C) NO.856 OF2020WRIT PETITION (C) NO.860 OF2020WRIT PETITION (C) NO.896 OF2020WRIT PETITION (C) NO.989 OF2020WRIT PETITION (C) NO.1034 OF2020WRIT PETITION (C) NO.1014 OF2020WRIT PETITION (C) NO.1329 OF2020WRIT PETITION (C) NO.1431 OF20201 JUDGMENT ABHAY S. OKA, J.1. The broad question involved in this group of writ petitions is about the liability of Haj Group Organizers (HGOs) or Private Tour Operators (PTOs) to pay service tax on the service rendered by them to Haj pilgrims for the Haj pilgrimage. FACTUAL ASPECTS2 The H...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-2022
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) No.4634 OF2014VIJAY MADANLAL CHOUDHARY & ORS. ...PETITIONER(S) VERSUS UNION OF INDIA & ORS. ...RESPONDENT(S) WITH SPECIAL LEAVE PETITION (CIVIL) No.28394 OF2011SPECIAL LEAVE PETITION (CIVIL) No.28922 OF2011SPECIAL LEAVE PETITION (CIVIL) No.29273 OF2011SPECIAL LEAVE PETITION (CRIMINAL) NO.............OF2022(@ DIARY No.41063 OF2015 SPECIAL LEAVE PETITION (CRIMINAL) No.9987 OF2015SPECIAL LEAVE PETITION (CRIMINAL) NO.10018 OF2015SPECIAL LEAVE PETITION (CRIMINAL) No.10019 OF20152 SPECIAL LEAVE PETITION (CRIMINAL) No.993 OF2016TRANSFER PETITION (CRIMINAL) No.150 OF2016TRANSFER PETITION (CRIMINAL) NOS.151-157 OF2016WRIT PETITION (CRIMINAL) No.152 OF2016SPECIAL LEAVE PETITION (CRIMINAL) No.11839 OF2019SPECIAL LEAVE PETITION (CRIMINAL) No.2890 OF2017SPECIAL LEAVE PETITION (CRIMINAL) No.5487 OF2017CRIMINAL APPEAL No.1269 OF2017CRIMINAL APPEAL No.1270 OF2017CRIMINAL APPEAL NOS. 1271-1272 O...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-17-2022
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...
Tag this Judgment!