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 : 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!Court : Supreme Court of India
Decided on : Aug-18-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4252 OF2022ARISING OUT OF SLP (C) No.23352 OF2019PR. COMMISSIONER OF INCOME TAX I, CHANDIGARH ...APPELLANT VERSUS M/S. ABC PAPERS LIMITED ...RESPONDENT WITH CIVIL APPEAL No.4253 OF2022ARISING OUT OF SLP (C) No.25541/2019 WITH CIVIL APPEAL No.3480 OF2022ARISING OUT OF SLP (C) No.8146/2022 JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.1. These appeals give rise to an important question concerning appellate jurisdiction of the High Courts under Section 260A of the Income Tax Act, 19611 against judgments of Income Tax Appellate Tribunals2. As Benches of the ITAT are constituted to exercise jurisdiction over more than one state, each state having a separate High Court, question arose as to which of the High Court is the appropriate Court for filing appeals under Section 260A. The question arose 1 hereinafter referred to as the Act. 2 hereinafter referred to as ITAT / Tribunals. Page 1 of 28 because Section 260A...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8162 OF2012INDEPENDENT SCHOOLS FEDERATION OF INDIA (REGD.) ... A PPELLANT VERSUS UNION OF INDIA AND ANOTHER ... R E SPONDENTS W I T H CIVIL APPEAL No.8684 OF2012CIVIL APPEAL No.2229 OF2013CIVIL APPEAL No.9406 OF2013CIVIL APPEAL NOS. 6316-6329 OF2017CIVIL APPEAL NOS. 6330-6331 OF2017CIVIL APPEAL No.3870 OF2018CIVIL APPEAL No.7457 OF2018CIVIL APPEAL No.7458 OF2018CIVIL APPEAL No.7459 OF2018CIVIL APPEAL No.7460 OF2018CIVIL APPEAL No.7461 OF2018CIVIL APPEAL No.7462 OF2018Civil Appeal No.8162 of 2012 and Others Page 1 of 35 CIVIL APPEAL No.OF2022(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.12535 OF2014 CIVIL APPEAL No.OF2022(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.15069 OF2015 CIVIL APPEAL No.OF2022(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.19930 OF2017 CIVIL APPEAL No.OF2022(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.3293 OF2019 CIVIL APPEAL No.OF2022(ARISING OUT OF SPECIAL LEAV...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.121 OF2022VINOD KATARA .PETITIONER(S) Versus STATE OF UTTAR PRADESH .RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.1. Personal liberty of a person is one of the oldest concepts to be purported by national courts. As long ago as in 1215, the English Magna Carta provided that: "No free man shall be taken or imprisoned.... but..... by law of the land." 1 2. Today, the concept of personal liberty has received a far more expansive interpretation. The notion that is accepted today is that liberty encompasses these rights and privileges which have long been recognized as being essential to the orderly pursuit of happiness by a free man and not merely freedom from bodily restraint. There can be no cavil in saying that lodging juveniles in adult prisons amounts to deprivation of their personal liberty on multiple aspects.3. This Writ Application under Article 32 of the Constitution is at the instance ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL No.7095 OF2022(ARISING OUT OF SLP (CIVIL) No.5236 OF2022 AISHAT SHIFA .....APPELLANT(S) VERSUS THE STATE OF KARNATAKA & ORS. .....RESPONDENT(S) W I T H WRIT PETITION (CIVIL) No.120 OF2022CIVIL APPEAL No.7075 OF2022(ARISING OUT OF SLP (CIVIL) No.15405 OF2022 CIVIL APPEAL No.6957 OF2022(ARISING OUT OF SLP (CIVIL) No.9217 OF2022 CIVIL APPEAL NOS. 7078-7083 OF2022(ARISING OUT OF SLP (CIVIL) NOS. 15407-15412 OF2022 CIVIL APPEAL No.7077 OF2022(ARISING OUT OF SLP (CIVIL) No.15419 OF2022 CIVIL APPEAL No.7074 OF2022(ARISING OUT OF SLP (CIVIL) No.15403 OF2022 CIVIL APPEAL No.7076 OF2022(ARISING OUT OF SLP (CIVIL) No.15418 OF2022 1 CIVIL APPEAL No.7072 OF2022(ARISING OUT OF SLP (CIVIL) No.11396 OF2022 CIVIL APPEAL No.6934 OF2022(ARISING OUT OF SLP (CIVIL) No.7794 OF2022 CIVIL APPEAL No.7084 OF2022(ARISING OUT OF SLP (CIVIL) No.15402 OF2022 CIVIL APPEAL No.7085 OF2022(ARISING OUT OF SLP (CIVIL) No.15416 OF2...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.__________________OF2022(Arising out of SLP (C) Nos.4609-4610 OF2021 M.P. POWER MANAGEMENT COMPANY LIMITED, JABALPUR APPELLANT(S) Versus M/S. SKY POWER SOUTHEAST SOLAR INDIA PRIVATE LIMITED & OTHERS RESPONDENTS(S) JUDGMENT K.M. JOSEPH, J.1. Leave granted.2. The appellant impugns the Judgment of the High Court dated 27.02.2020 in Writ Petition No.420 of 2019. It further challenges the Order dated 28.12.2020 in Review Petition No.682 of 2020. By the said Judgment in the Writ Petition, the High Court allowed the Writ Petition filed by the first respondent and quashed the Order dated 07.07.2018, which was passed by the appellant, terminating the Power Purchase Agreement 1 (hereinafter referred to as the PPA, for short), which was entered into by the appellant and the first respondent. The review filed by the appellant was dismissed. Hence the appeals. THE FACTS3 The appellant, which is a wholly owned com...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-2022
CA7982/2012 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos 79-82 of 2012 Wg Cdr A U Tayyaba (Retd) and Others Appellants Versus Union of India and Others Respondents W I T H Civil Appeal Nos 192-196 of 2012 Civil Appeal Nos 83-84 of 2012 Civil Appeal No 5164 of 2012 CA7982/2012 2 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI1 The batch of appeals which forms the subject matter of the present dispute emanates from a judgment of the Delhi High Court dated 11 August 2011. The High Court in its lead judgment dated 12 March 2010 in Babita Puniyas case1 issued specific directions for considering women Short Service Commissioned Officers2 in the Air Force and in the Army for the grant of Permanent Commission3. Following the decision of the Delhi High Court in Babita Puniya, a batch of writ petitions under Article 226 of the Constitution of India came to be instituted before the Delhi High Court seeking the benefit of the Babita Puniya judgment. The Delhi ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-29-2022
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8717 OF2022Sansera Engineering Limited Appellant Versus Deputy Commissioner, Large Tax Payer Unit, Bengaluru Respondent JUDGMENT M.R. SHAH, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.07.2021 passed by the High Court of Karnataka at Bengaluru in Writ Appeal No.249/2020, whereby the Division Bench of the High Court has dismissed the said appeal preferred by the appellant herein and has confirmed the common judgment and order dated 22.11.2019 passed by the learned Single Judge dismissing the writ petitions, upholding the order passed by the respondent rejecting the 1 claim of the appellant for rebate on the ground that the claim was barred by time/limitation prescribed under Section 11B of the Central Excise Act, 1944 (hereinafter referred to as the Act), the original writ petitioner/appellant herein has preferred the present appeal.2. The facts leading to the p...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-20-2022
- 1 - WA No.100139 of 2022 C/W WA No.100062/2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE20H DAY OF JULY, 2022 PRESENT THE HON'BLE MR JUSTICE KRISHNA S.DIXIT AND THE HON'BLE MR JUSTICE P.KRISHNA BHAT WRIT APPEAL No.100139 OF2022(LA-RES) C/W WRIT APPEAL NO.100062 OF2022(LA-RES) IN WA NO.100139/2022 BETWEEN:1. MR. GOPAL S/O GOVIND KARJOL AGE. 45 YEARS, OCC. AGRICULTURE R/O. KHB COLONY,MUDHOL2 MR. UMESH S/O. GOVIND KARJOL AGE. 43 YEARS, OCC. AGRICULTURE R/O. KHB COLONY, MUDHOL, MODHOL TALUK DIST. BAGALKOT3 MR. ARUN S/O. GOVIND KARJOL AGE. 45 YEARS, OCC. AGRICULTURE R/O. KHB COLONY, MUDHOLD, MUDHOL TALUK AND DIST. BAGALKOT APPELLANTS (BY SRI. C V ANGADI, ADVOCATE) AND:1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT - 2 - WA No.100139 of 2022 C/W WA No.100062/2022 M S BUILDING, BENGALURU- 560001 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT (R AND R) LAND ACQUISITION, EX- OFFICIO SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, UPPER...
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