Court : Supreme Court of India
Decided on : Apr-30-2021
Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Suo Motu Writ Petition (Civil) No.3 of 2021 IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC. 1 ORDER This order has been divided into the following sections to facilitate analysis: A Introduction B Outline of the Disaster Management Act C Medical Infrastructure C.1 Submissions in UOIs Affidavits C.2 National Policy for Admission in Hospitals D Oxygen allocation and availability E Vaccines E.1 Vaccine capacity and disbursal E.2 Vaccine pricing F Potentiality of Compulsory Licensing for vaccines and essential drugs G Supply of Essential Drugs G.1 Submissions in the Central Governments Affidavits G.2 Recommendations G.3 Black Marketing H Recommendations for augmenting healthcare workforce I Epilogue J Conclusion 2 PART A A Introduction 1 The genesis of this suo motu writ petition is in an order dated 22 April 2021. This Court took note of the unprecedented humanitarian crisis in the country, follow...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2021
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1301 of 2021 Sarabjeet Singh Mokha ....Appellant Versus The District Magistrate, Jabalpur & Ors. .... Respondents 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J A Facts ....................................................................................................................3 B Submissions of counsel .................................................................................... 9 C Right to make a representation: Constitutional safeguards and legislative scheme of the NSA ................................................................................................. 17 D Analysis .............................................................................................................2 5 D.1 Delay in considering the representation .................................................. 25 D.2 Failure to communicate decision on the representation ........................ 38 E Conclusio...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2021
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1410 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.925 OF2021 ATTORNEY GENERAL FOR INDIA .... APPELLANT(S) VERSUS SATISH AND ANOTHER .... RESPONDENT(S) WITH CRIMINAL APPEAL NO.1411 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.1339 OF2021 NATIONAL COMMISSION FOR WOMEN .... APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA AND ANOTHER.... RESPONDENT(S) WITH CRIMINAL APPEAL NO.1412 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.1159 OF2021 THE STATE OF MAHARASHTRA .... APPELLANT(S) VERSUS SATISH .... RESPONDENT(S) WITH CRIMINAL APPEAL NO.1413 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.5071 OF2021 1 THE STATE OF MAHARASHTRA .... APPELLANT(S) VERSUS LIBNUS .... RESPONDENT(S) WITH CRIMINAL APPEAL No.1414 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.7472 OF2021 SATISH ... APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA .... RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Leave granted in all appeals.2. The four Appeals filed by the a...
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Decided on : Feb-24-2021
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.703-704 OF2021ARISING OUT OF SPECIAL LEAVE PETITION (C) NOS. 14219-14220 OF2020V.N. PUBLIC HEALTH AND .. APPELLANT(S) EDUCATIONAL TRUST ETC. VERSUS STATE OF KERALA & ORS. ETC. .. RESPONDENT(S) JUDGMENT KRISHNA MURARI, J.Leave granted.2. These appeals arises out of the Judgment and Order dated 03.11.2020 passed by the Kerala High Court in Writ Appeal Nos. 1401 and 1413 of 2020, wherein the Division Bench of the said High Court modified the directions of the learned Single Judge to the extent of consideration for establishment of Medical College by the appellant for the Academic Year 2021-2022. 13. The issue arising for consideration before us is whether Essentiality Certificate (hereinafter referred to as EC) and Consent of Affiliation (hereinafter referred to as CoA) should be granted for the year 2020-2021 to the appellant. The other issues which need to be addressed are :- (i) Whether grant of Esse...
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Decided on : May-31-2021
Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Suo Motu Writ Petition (Civil) No.3 of 2021 IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC1ORDER This order has been divided into the following sections to facilitate analysis: A Introduction B Submission by Counsel C National Vaccination Policy D Separation of Powers E Issues with the Liberalized Vaccination Policy E.1 Vaccine Procurement and Distribution among Different Categories of the Population E.2 Effects of Vaccination by Private Hospitals under the Liberalized Vaccination Policy E.3 Basis and Impact of Differential Pricing E.4 Vaccine Logistics E.5 Digital Divide F Conclusion 2 PART A A Introduction 1 Proceedings in the present suo motu writ petition were initiated on 22 April 2021, when this Court took cognizance of the management of the COVID-19 pandemic during the second wave. Subsequently, hearings were conducted on 23 April 2021, 27 April 2021 and 30 April 2021 when submissions we...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2021
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.29432944 OF2020KALPRAJ DHARAMSHI & ANR. ...APPELLANT(S) VERSUS KOTAK INVESTMENT ADVISORS LTD. & ANR. .... RESPONDENT(S) WITH CIVIL APPEAL NOS.31383139 OF2020CIVIL APPEAL No.29492950 OF2020CIVIL APPEAL No.847848 /2021 [D.NO.24125 OF2020 JUDGMENT B.R. GAVAI, J.1. Leave to file Civil Appeal in Diary No.24125 of 2020 is granted. 22. All these appeals, assail the judgment and order of the National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as NCLAT) dated 5.8.2020, passed in Company Appeal (AT) (Insolvency) Nos. 344345 of 2020.3. By the said judgment and order dated 5.8.2020, NCLAT has allowed the appeals filed by Kotak Investment Advisors Limited (hereinafter referred to as KIAL), respondent No.1 herein, aggrieved by two separate orders dated 28.11.2019 passed by National Company Law Tribunal, Mumbai Bench (hereinafter referred to as NCLT or Adjudicating Authority) in M.A. No.10...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-01-2021
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2506 OF2021THOTA SRIDHAR REDDY & ORS. .....APPELLANT(S) VERSUS MANDALA RAMULAMMA & ORS. .....RESPONDENT(S) W I T H CIVIL APPEAL No.2507 OF2021JUDGMENT HEMANT GUPTA, J.1. These two appeals are directed against the order passed by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh whereby revision under Section 28 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 19551 was allowed on 3.6.2019 while setting aside the order dated 19.2.1982 passed by the Revenue Divisional Officer granting occupancy rights to Shri Thota Balakrishna Reddy, predecessor-in-interest of the present appellants2 in respect of the land measuring 31.05 guntas falling in survey Nos. 53, 54, 55, 56, 61 and 62 in Village Jeedimetla as well as the order dated 1 For short, the Inams Act 2 Hereinafter referred to as the purchaser 1 4.12.2017 passed by the Joint Collector whereby the appe...
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Decided on : Mar-02-2021
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8733-8734 OF2018ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED APPELLANT Versus THE COMMISSIONER OF INCOME RESPONDENTS TAX & ANR. WITH CIVIL APPEAL NOS. 8735-8736 OF2018CIVIL APPEAL NOS. 8737-8941 OF2018CIVIL APPEAL NOS. 8942-8947 OF2018CIVIL APPEAL NOS. 8950-8953 OF2018CIVIL APPEAL NOS. 8948-8949 OF2018CIVIL APPEAL No.4419 OF2012CIVIL APPEAL No.4420 OF2012CIVIL APPEAL No.10114 OF2013CIVIL APPEAL No.10097 OF2013CIVIL APPEAL NOS. 10112-10113 OF2013CIVIL APPEAL No.10106 OF2013CIVIL APPEAL NOS. 8954-8955 OF20181 CIVIL APPEAL NOS. 10115-10117 OF2013CIVIL APPEAL No.8956 OF2018CIVIL APPEAL No.8957 OF2018CIVIL APPEAL No.8990 OF2018CIVIL APPEAL No.10103 OF2013CIVIL APPEAL No.10104 OF2013CIVIL APPEAL No.8960 OF2018CIVIL APPEAL No.8966 OF2018CIVIL APPEAL No.8958 OF2018CIVIL APPEAL No.8959 OF2018CIVIL APPEAL No.8962 OF2018CIVIL APPEAL No.8961 OF2018CIVIL APPEAL No.8963 OF2018CIVIL APPEAL No.8964 OF2...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-05-2021
..... general body of the municipal corporation, since this function is not permitted to be delegated to anybody else under section 152 of the act. thereafter the planning authority has to publish a notice in the official gazette inviting the objections and suggestions from the public with respect to the proposed modification. it is also required to give a notice to all the persons affected by the proposed ..... which appeal to three gentlemen or five gentlemen sitting as a court . and what will suffer is public 276 the quest for constitutionalism in uk public law discourse, jo eric khushal murkens, oxford journal of legal studies, vol. 29, pg. 446 145 interest in the form of public exchequer including sovereignty of the nation.171. in this regard, we must recall the ..... stand withdrawn to this court and be registered as transferred cases, to be heard along with the present special leave petition on 18.03.2020. letters patent appeal no.119 of 2020 before the high court stands disposed of in terms of this order. any steps taken by the authorities, in the meantime, will ..... scc6644 (2006) 6 scc430(para28) 45 2020 scconline sc329(para58) 46 (1991) 2 scc716(paras 20 and21) 39 because a body has been referred to in the zdp (zone-d) or has been working for a prolonged period, it will ..... allegations of 204 372 u.s. 726 (1963) 205 air1963sc1295206 air1967sc1836207 338 u.s. 25 (1949) 208 (1970) 1 scc248209 air1978sc597210 (1980) 2 scc684211 (1996) 3 scc709212 (2014) 9 scc737213 (supra at100) 214 (supra .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2021
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3395 OF2020JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION & ORS. . APPELLANT(S) VERSUS NBCC (INDIA) LTD. & ORS. . RESPONDENT(S) WITH CIVIL APPEAL No.3396 of 2020, T.C (C) Nos. 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 of 2020, Civil Appeal No.1056 of 2021 @ SLP(C) No.5144 of 2021@ Diary No.18129 of 2020, Civil Appeal No.1057 of 2021 @ SLP(C) No.10543 of 2020 and Diary No.20274 of 2020 JUDGMENT Dinesh Maheshwari, J.Introductory Permission to file special leave petition(s) and leave granted in respective Petition(s) for Special Leave to Appeal.2. This batch of civil appeals, special appeals and transfer cases essentially relate to the resolution plan1 in the corporate insolvency resolution process2 under the Insolvency and Bankruptcy Code, 20163 1 Hereinafter, at some places, it has also been referred to as the plan. 2 CIRP for short. 3 Hereinafter also referred to as the Code or IBC....
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