Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3249 OF2016State of Gujarat and Another Appellant(s) Versus The I.R.C.G. and Others Respondent(s) JUDGMENT Dipak Misra, CJI The present appeal, by special leave, assails the judgment and order dated 8th February, 2012, passed by the High Court of Gujarat in Special Civil Application No.3023 of 2003 with Civil Application No.6115 of 2004.2. The essential facts that need to be stated are that the High Court was moved by way of a public interest litigation seeking direction/order directing the State and its functionaries to make detailed survey of the mosques, dargahs, graveyards, khankahs and other religious places and institutions desecrated, damaged and/or destroyed 2 during the period of communal riot in the State in the year 2002 under the supervision and guidance of the Court and to immediately repair and restore the same within specified time limit and further command the State Government to su...
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1 REPORTABLE2023NSC605 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1269 OF2013MOHD. NAUSHAD APPELLANT(S) VERSUS STATE (GOVT. OF NCT OF DELHI) RESPONDENT(S) WITH CRIMINAL APPEAL NOS.1270-1271 OF2013AND CRIMINAL APPEAL NOS. @ SLP (CRL.) NOS.64476451 OF2013JUDGMENT SANJAY KAROL J.Prosecution Case.........................................................................................8 High Court and Trial Court Findings..........................................................16 Submissions of Counsels...........................................................................36 Submissions on behalf of A3, Mohd. Naushad.........................................36 Submissions on behalf of A9, Javed Ahmed Khan...................................45 Submissions on behalf of A5 and A6.......................................................46 Submission on behalf of the State (NCT of Delhi)....................................47 Prosecution Witnesses...............
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.554 OF2006|DIRECTOR GENERAL OF FOREIGN TRADE AND |.....APPELLANT(S) | |ANOTHER | | |VERSUS | | |M/S. KANAK EXPORTS AND ANOTHER |.....RESPONDENT(S) | W I T H CIVIL APPEAL No.658 OF2006CIVIL APPEAL No.1587 of 2006 CIVIL APPEAL No.1589 OF2006TRANSFER CASE (CIVIL) No.32 OF2007TRANSFER CASE (CIVIL) No.33 OF2007TRANSFER CASE (CIVIL) No.36 OF2007TRANSFER CASE (CIVIL) No.1 OF2008TRANSFER CASE (CIVIL) No.3 OF2008WRIT PETITION (CIVIL) No.27 OF2008TRANSFER CASE (CIVIL) No.49 OF2009WRIT PETITION (CIVIL) No.343 OF2009WRIT PETITION (CIVIL) No.246 OF2010A N D TRANSFER CASE (CIVIL) No.OF2015(ARISING OUT OF TRANSFER PETITION (CIVIL) No.568 OF2014 JUDGMENT A.K. SIKRI, J.Civil Appeal No.554 of 2006 Civil Appeal No.658 of 2006 Civil Appeal No.1587 of 2006 Civil Appeal No.1589 of 2006 Transfer Case (Civil) No.36 of 2007 Transfer Case (Civil) No.1 of 2008 Transfer Case (Civil) No.3 of 2008 Transfer Case (Civil) No.49 of 20...
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Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)
D.A. Desai, J.1. Validity and legality of an order made against each petitioner convening General Court Martial to try each petitioner in respect of the charges framed against each of them is questioned on diverse grounds but principally the composition in each of these petitions under Article 32 of the Constitution. In Writ Petition No. 4903/81 the petitioner has also challenged the constitutional validity of Rules 22, 23, 25 and 40 of the Army Rules, 1954 ('rules' for short) as being violative of the fundamental rights of the petitioner guaranteed under Articles 14 and 21 of the Constitution. As certain contentions were common to all the three petitions they were heard together and are being disposed of by this common judgment. Facts alleged on which legal formulations were founded may be briefly set out in respect of each petitioner.Re Writ Petition No. 4903/81 :Petitioner Lt. Col. Prithipal Singh Bedi was granted permanent regular commission in the Regiment of Artillery in 1958 and...
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1 INTHESUPREMECOURTOFINDIA CIVILAPPELLATEJURISDICTION CIVILAPPEALNO.14874OF2017 (ARISINGOUTOFSLP(C)No.19445of2004) REPORTABLE STATEOFUTTARAKHAND&ORS. ...APPELLANTS VERSUS KUMAONSTONECRUSHER ...RESPONDENT WITHC.A. No.14446/2017 @ SLP(C) No.3189/2012 C.A. No.14448/2017 @ SLP(C) No.1675/2012 C.A. No.14922/2017 @ SLP(C) No.8713/2008 C.A. No.14924/2017 @ SLP(C) No.10601/2008 C.A. No.14923/2017 @ SLP(C) No.9523/2008 C.A. No.14920/2017 @ SLP(C) No.6959/2008 C.A. No.14921/2017 @ SLP(C) No.6958/2008 C.A. No.14452/2017 @ SLP(C) No.950/2012 C.A. No.14453/2017 @ SLP(C) No.1031/2012 C.A. No.14464/2017 @ SLP(C) No.948/2012 C.A. No.14465/2017 @ SLP(C) No.1169/2012 C.A. No.14468/2017 @ SLP(C) No.1197/2012 C.A. No.14469-14476/2017 @ SLP(C) No.2213-2220/2012 T.P.(C) No.76/2012 T.P.(C) No.77/2012 C.A. No.14485/2017 @ SLP(C) No.1697/2012 C.A. No.14486/2017 @ SLP(C) No.2082/2012 C.A. No.14492/2017 @ SLP(C) No.2236/2012 C.A. No.14493/2017 @ SLP(C) No.2081/2012 C.A. No.14495/2017 @ SLP(C) No.2399/2012 C.A. ...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 823-827 of 2022 (Arising out of SLP (C) Nos.2001-2005 of 2021) The State of Manipur & Ors. .... Appellant (s) Versus Surjakumar Okram & Ors. . Respondent (s) W I T H Civil Appeal Nos. 828-832 of 2022 (Arising out of SLP (C) Nos.2386-2390 of 2021) JUDGMENT L. NAGESWARA RAO, J.Leave granted.1. The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (Manipur Act No.10 of 2012) (hereinafter referred to as the 2012 Act) was enacted by the Legislature of Manipur to provide for appointment, salary and allowances 1 | Pa ge of Parliamentary Secretaries in Manipur. Section 3 read with Section 4 thereof, enabled the Chief Minister to appoint a member of the Manipur Legislative Assembly as a Parliamentary Secretary, who shall have the rank and status of a Minister of State. Section 7 of the 2012 Act stipulated that a Parliamentary Secretary shall be entitl...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.354 OF2006ADI SAIVA SIVACHARIYARGAL NALA SANGAM & ORS. ...PETITIONER (S) VERSUS THE GOVERNMENT OF TAMIL NADU & ANR. ...RESPONDENT (S) WITH W.P. (C) No.355 of 2006 W.P. (C) No.383 of 2006 AND W.P. (C) No.384 of 2006 JUDGMENT RANJAN GOGOI, J.1. Religion incorporates the particular belief(s) that a group of people subscribe to. Hinduism, as a religion, incorporates all forms of belief without mandating the selection or elimination of any one single belief. It is a religion that has no single founder; no single scripture and no single set of teachings. It has been described as Sanatan Dharma, namely, eternal faith, as it is the collective wisdom and inspiration of the centuries that Hinduism seeks to preach and propagate. It is keeping in mind the above precepts that we will proceed further.2. Before highlighting the issues that confronts the Court in the present case the relevant Constitutional p...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2357 OF2017GOVT. OF NCT OF DELHI .....APPELLANT(S) UNION OF INDIA VERSUS WITH .....RESPONDENT(S) CONT. PETITION (CIVIL) No.175 OF2016IN WRIT PETITION (CRIMINAL) No.539 OF1986CIVIL APPEAL No.2360 OF2017CIVIL APPEAL No.2359 OF2017CIVIL APPEAL No.2363 OF2017CIVIL APPEAL No.2362 OF2017CIVIL APPEAL No.2358 OF2017CIVIL APPEAL No.2361 OF2017CRIMINAL APPEAL No.277 OF2017AND CIVIL APPEAL No.2364 OF20172 JUDGMENT A.K. SIKRI, J.Prologue All these appeals arise out of the judgment dated August 04, 2016 rendered by the High Court of Delhi in writ petitions filed before it under Article 226 of the Constitution of India. We would refer to the subject matter of those writ petitions and the manner in which the High Court dealt with and decided the same at the appropriate stage. However, it would be pertinent to point out that in the said impugned judgment, main issue related to the status of National Capital Terri...
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REPORTABLE2023NSC886 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8527-8529 OF2009M/S. DAKSHIN GUJARAT VIJ COMPANY ..... A PPELLANT LIMITED VERSUS M/S. GAYATRI SHAKTI PAPER AND BOARD LIMITED AND ANOTHER, ETC. ..... R E SPONDENTS W I T H CIVIL APPEAL NOS. 1-2 OF2010CIVIL APPEAL NOS. 1693-1698 OF2010CIVIL APPEAL No.12282 OF2016CIVIL APPEAL No.1142 OF2022CIVIL APPEAL No.1141 OF2022CIVIL APPEAL NOS. 4611-4624 OF2022CIVIL APPEAL NOS. 4532-4556 OF2022CIVIL APPEAL No.4571 OF2022CIVIL APPEAL DIARY No.10378 OF2022CIVIL APPEAL No.3662 OF2022Civil Appeal Nos. 8527-8529 of 2009 etc. Page 1 of 55 CIVIL APPEAL No.4233 OF2022AND CIVIL APPEAL No.8738 OF2022JUDGMENT SANJIV KHANNA, J.This judgment interprets relevant provisions of the Electricity Act, 20031 and Rule 3 of the Electricity Rules, 20052, for being classified as a Captive Generating Plant3 and a captive user.2. We will be elucidating the legal position as per the statute, our intent being to first lay down the...
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Reported in : AIR2001SC1937; JT2001(4)SC187; 2001(3)SCALE62; (2001)4SCC642; [2001]2SCR729; 2001(2)LC983(SC)
R.C. Lahoti, J. 1. Leave granted in S.L.P.(C) Nos. 14845/1994 and 11674/1995. 2. The Rajasthan Excise Act, 1950 (Act No.2 of 1950) was passed by the State Legislature of Rajasthan to enact for Rajasthan a uniform law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs. It came into force w.e.f. 1.5.1950. For the purpose of this judgment it would suffice to notice the definitions of 'intoxicating drug' and 'liquor' as given in clauses (14) and (15) of Section 3 of the Act which read as under:-3. Definitions.-In this Act unless there is something repugnant in the subject or context-XXX XXX XXX XXX XXXXXX XXX XXX XXX XXX (14) 'Intoxicating drug' means-(i) the leaves, small stalks and flowering or fruiting tops of the hemp plant (Cannabia Sativa) including all forms known as Bhang, Sidhi or Ganja; (ii) charas, that is, the resin obtained from the hemp plant, which has not been submitted to any manipulations other than...
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