Court : Supreme Court of India
Decided on : Apr-10-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION REVIEW PETITION (CRIMINAL) No.46 OF2019IN WRIT PETITION (CRIMINAL) No.298 OF2018YASHWANT SINHA & ORS. PETITIONER(S) VERSUS CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIECTOR & ANR. RESPONDENT(S) WITH M.A.No.58/2019 in W.P. (CRL.) 225/2018 R.P. (CRL.) No.122/2019 IN W.P. (CRL.) 297/2018 M.A. No.403/2019 IN W.P. (CRL.) No.298/2018 R.P.(C) No.719/2019 in W.P.(C) 1205/2018 JUDGMENT RANJAN GOGOI, CJI1 A preliminary objection with regard to the maintainability of the review petition has been raised by the Attorney General on behalf of the respondents. The learned Attorney General contends 2 that the review petition lacks in bona fides inasmuch as three documents unauthorizedly removed from the office of the Ministry of Defence, Government of India, have been appended to the review petition and relied upon by the review petitioners. The three documents in question are: (a) An eightpage note written by three members of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION REVIEW PETITION (CRIMINAL) No.46 OF2019IN WRIT PETITION (CRIMINAL) No.298 OF2018YASHWANT SINHA & ORS. PETITIONER(S) VERSUS CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIECTOR & ANR. RESPONDENT(S) WITH M.A.No.58/2019 in W.P. (CRL.) 225/2018 R.P. (CRL.) No.122/2019 IN W.P. (CRL.) 297/2018 M.A. No.403/2019 IN W.P. (CRL.) No.298/2018 R.P.(C) No.719/2019 in W.P.(C) 1205/2018 JUDGMENT RANJAN GOGOI, CJI1 A preliminary objection with regard to the maintainability of the review petition has been raised by the Attorney General on behalf of the respondents. The learned Attorney General contends 2 that the review petition lacks in bona fides inasmuch as three documents unauthorizedly removed from the office of the Ministry of Defence, Government of India, have been appended to the review petition and relied upon by the review petitioners. The three documents in question are: (a) An eightpage note written by three members of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-02-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.578 OF2019(Arising out of SLP(Crl.) No.7857 of 2018) National Investigation Agency ..Appellant(s) :Versus: Zahoor Ahmad Shah Watali ....Respondent(s) JUDGMENT A.M. K hanwilkar , J.1. Leave granted.2. The respondent is named as Accused No.10 in the First Information Report dated 30th May, 2017, registered by the Officerincharge of Police Station, NIA, Delhi, for offences punishable under Sections 120B, 121 and 121A of the Indian Penal Code (IPC) and Sections 13,16,17,18,20,38,39 and 40 of the Unlawful Activities (Prevention) Act, 1967, (for short the 1967 Act). The respondent (Accused No.10) filed an application for bail before the District and Sessions Judge, 2 Special Court (NIA), New Delhi, which came to be rejected on 8th June, 2018. That order has been reversed by the High Court of Delhi at New Delhi in Criminal Appeal No.768/2018 vide order dated 13th September, 2018. The High Court direc...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-02-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION TRANSFERRED CASE (CIVIL) NO.66 OF2018IN TRANSFER PETITION (CIVIL) NO.1399 OF2018DHARANI SUGARS AND CHEMICALS LTD. PETITIONER VERSUS UNION OF INDIA & ORS. RESPONDENTS WITH WRIT PETITION (CIVIL) NO.339 OF2018WRIT PETITION (CIVIL) NO.802 OF2018WRIT PETITION (CIVIL) NO.1086 OF2018WRIT PETITION (CIVIL) NO.1110 OF2018WRIT PETITION (CIVIL) NO.1124 OF2018WRIT PETITION (CIVIL) NO.1142 OF2018WRIT PETITION (CIVIL) NO.1138 OF2018WRIT PETITION (CIVIL) NO.1156 OF2018WRIT PETITION (CIVIL) NO.1153 OF2018WRIT PETITION (CIVIL) NO.1166 OF2018WRIT PETITION (CIVIL) NO.1206 OF20181 WRIT PETITION (CIVIL) NO.1212 OF2018WRIT PETITION (CIVIL) NO.1236 OF2018WRIT PETITION (CIVIL) NO.1296 OF2018SLP(C) No.31421 OF2018WRIT PETITION (CIVIL) NO.1316 OF2018WRIT PETITION (CIVIL) NO.1308 OF2018WRIT PETITION (CIVIL) NO.1359 OF2018TRANSFERRED CASE (CIVIL) NO.65 OF2018IN TRANSFER PETITION (CIVIL) No.1404 OF2018WRIT PETITION (CIVIL) NO.1363 OF20...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2530 OF2012Birla Institute of Technology .Appellant(s) VERSUS The State of Jharkhand & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. On 07.01.2019, this Court placing reliance on the decision of this Court in Ahmadabad Pvt. Primary Teachers Association vs. Administrative Officer and Others (2004) 1 SCC755 which was brought to the 1 Courts notice by the learned counsel appearing for the appellant, allowed the appeal and set aside the order of the High Court.2. However, after the pronouncement of the order in this appeal, it came to the notice of this Court that consequent upon the decision of this Court rendered in Ahmadabad Pvt. Primary Teachers Association (supra), the Parliament amended the definition of the word employee as defined in Section 2(e) of the Payment of Gratuity Act, 1972 by Amending Act No.47 of 2009 on 31.12.2009 with retrospective effect from 03.04.1997. This amendment was no...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-2019
NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos.21072125 OF2011C.B.I. New Delhi .Appellant(s) VERSUS B.B. Agarwal & Ors. etc. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and order dated 18.04.2009 passed by the High Court of Delhi at New Delhi in Crl.MC Nos.572230 of 2006 & Crl.MA No.9675 of 2006, Crl.MC No.74 of 2007 & Crl.MA Nos.23536 of 1 2007, Crl.MC No.80 of 2007 & Crl.MA Nos.25960 of 2007 and Crl.MC No.2376 of 2007 & Crl.MA Nos.834142 of 2007 whereby the High Court allowed the criminal petitions filed by the respondents herein under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) and quashed the criminal proceedings in CBI Case No.RC.4(A)/94CBI/BSC/DLI pending before the Special Judge, Tis Hazari, Delhi against the respondents herein.2. A few facts need mention hereinbelow to appreciate the short controversy involved in these appeals...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4763-4764 OF2013TAMIL NADU POLLUTION CONTROL BOARD APPELLANT(S) VERSUS STERLITE INDUSTRIES (I) LTD. & ORS. RESPONDENT(S) WITH CIVIL APPEAL NOS. 8773-8774 OF2013CIVIL APPEAL NOS. 9542-9543 OF2013CIVIL APPEAL No.5782 OF2014CIVIL APPEAL NOS. 1552-1554 OF2019CIVIL APPEAL No.23 OF2019CIVIL APPEAL No.1582 OF2019JUDGMENT R.F. NARIMAN, J.1. The present appeals arise out of orders that have been passed by the National Green Tribunal [NGT]. dated 31.05.2013, 08.08.2013, 1 and 15.12.2018. The brief facts necessary to appreciate the controversy raised in the present case are as follows.2. The respondent, Sterlite Industries (India) Ltd. / Vedanta Ltd., was operating a copper smelter plant at the State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) Industrial Complex at Thoothukudi, Tamil Nadu. On 01.08.1994, the respondent received a No-Objection Certificate [NOC]. from the Tamil Nadu Pollution C...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1464 OF2019ARISING OUT OF SLP(CIVIL) No.12812 of 2015 Employees' State Insurance Corporation Appellant(s) VS. Venus Alloy Pvt. Ltd. Respondent(s) JUDGMENT Dinesh Maheshwari., J Leave granted.2. The short question calling for determination in this appeal by special leave against the judgment dated 17.02.2014 passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Appeal No.1213 of 2006 is as to whether the Directors of respondent-Company, who are receiving remuneration, come within the purview of employee under sub-section (9) of Section 2 of the Employees' State Insurance Act, 1948 ('the ESI Act')?.3. Put in brief, the relevant background aspects of the matter are that the respondent-Company had been covered under the ESI Act and had been 1 depositing the amount of contribution with reference to the wages paid to some of its employees. However, in an inspection carried out by the ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-25-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) No.99 OF2018Swiss Ribbons Pvt. Ltd. & Anr. ..Petitioners Union of India & Ors. VERSUS WITH ..Respondents WRIT PETITION (CIVIL) No.100 OF2018WRIT PETITION (CIVIL) No.115 OF2018WRIT PETITION (CIVIL) No.459 OF2018WRIT PETITION (CIVIL) No.598 OF2018WRIT PETITION (CIVIL) No.775 OF2018WRIT PETITION (CIVIL) No.822 OF2018WRIT PETITION (CIVIL) No.849 OF2018WRIT PETITION (CIVIL) No.1221 OF2018SPECIAL LEAVE PETITION (CIVIL) No.28623 OF2018WRIT PETITION (CIVIL) No.37 OF20191 JUDGMENT R.F. Nariman, J.1. The present petitions assail the constitutional validity of various provisions of the Insolvency and Bankruptcy Code, 2016 [Insolvency Code or Code].. Since we are deciding only questions relating to the constitutional validity of the Code, we are not going into the individual facts of any case.2. Shri Mukul Rohatgi, learned Senior Advocate, appearing in Writ Petition (Civil) No.99 of 2018, has first...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-17-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.576 OF2016INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. .....APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. .....RESPONDENT(S) W I T H WRIT PETITION (CIVIL) No.24 OF2017A N D WRIT PETITION (CIVIL) No.119 OF2017JUDGMENT A.K. SIKRI, J.This batch of three Writ Petitions was heard together and is being disposed of by this Common Judgment as similar issues and prayers are raised in all these petitions.2) The instant writ petitions have been preferred under Article 32 of the Constitution of India, challenging certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 (hereinafter 2 referred to as the Act) and also the Rules framed there under being the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein)...
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