Court : Supreme Court of India
NON-REPORTABLE2023INSC897IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5355 OF2023(@ S.L.P.(C) No.6793 OF2023 VIKRANT KAPILA AND ANOTHER APPELLANT(S) VERSUS PANKAJA PANDA AND OTHERS RESPONDENT (S) JUDGMENT S.V.N. BHATTI, J.1. Defendant Nos. 4 and 5 in C.S. (O.S.) No.701/2021 are the Appellants, and the Civil Appeal is directed against the Judgment and Decree dated 11.10.2022 in RFA (O.S.) No.15/2022, on the file of the High Court of Delhi.2. Respondent Nos. 1, 2, and 3, in the Appeal, filed the subject suit for partition, separate possession, and permanent injunction, concerning Property admeasuring about 471 square yards, together with the built-up area of a house described as D 897, New Friends Colony, New Delhi-1100251.3. For convenience, the parties are adverted to as arrayed in the Original Suit. 1 Suit Property. 1 AVERMENTS IN THE PLAINT4 It is averred that Sheila Kapila was the sole and absolute owner of the Suit Property. On 08.04.2003, Sheila Ka...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023NSC885 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5867 OF2015SHEO RAJ SINGH (DECEASED) THROUGH LRS. & ORS. APPELLANT(S) VERSUS UNION OF INDIA & ANR. RESPONDENT(S) JUDGMENT DIPANKAR DATTA, J.THE CHALLENGE1 This appeal, at the instance of certain affected landowners, challenges an order dated 21st December 2011 passed by a learned Single Judge of the High Court of Delhi (High Court, hereafter). By the order under challenge, the High Court allowed an application filed by the Union of India (first respondent, hereafter) under section 5 of the Limitation Act, 1963 (Limitation Act, hereafter) and thereby condoned the delay of around 479 days in presentation of an appeal from the decision of the Reference Court under section 18 of the Land Acquisition Act, 1894. 1 THE ISSUE2 The limited issue that we are tasked to decide is, whether the High Court was justified in condoning the delay in presentation of the appeal. In the process, we need to necess...
Tag this Judgment!Court : Supreme Court of India
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...
Tag this Judgment!Court : Karnataka Kalaburagi
- 1 - NC:2023. KHC-K:8083 CRL.A No.200030 of 2017 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE9H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T. CRIMINAL APPEAL NO.200030/2017 BETWEEN: SHARANAPPA S/O. BASAPPA MATUR, AGE:64. YEARS, OCC: LIC AGENT, R/O. GACHINKATTI COLONY, VIJAYAPUR-586103. APPELLANT (BY SRI R.S. LAGALI, ADVOCATE) AND: MOHAMMAD ALI S/O. DAWALSAB CHITTARAGI (PINJAR), AGE:36. YEARS, OCC: COMPUTER TEACHER, R/O. DARBAR GALLI, BEHIND DATRI MASJID, LANGESHWALI DARGA, VIJAYAPUR-586104. RESPONDENT (BY SRI PREETAM DEULGAONKAR; SRI SHIVAPUTRA S. UDBALKAR, ADVOCATES ) - 2 - NC:2023. KHC-K:8083 CRL.A No.200030 of 2017 THIS CRIMINAL APPEAL IS FILED UNDER SECTION3784) OF CR.P.C., PRAYING TO ADMIT THIS APPEAL, CALL FOR THE RECORDS FROM THE COURT BELOW AND ALLOW THIS APPEAL AND THEREBY SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED0601.2017 PASSED BY THE I ADDL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS-I VIJAYAPUR IN CRIMINAL CASE NO...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023NSC879 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.301 OF2015BALVIR SINGH APPELLANT(S) VERSUS STATE OF UTTARAKHAND RESPONDENT(S) WITH CRIMINAL APPEAL No.2430 OF2014JUDGMENT J.B. PARDIWALA, J.:1. Since both the captioned appeals arise from a common judgment and order passed by the High Court dismissing two criminal appeals of two accused persons tried in one sessions case those were heard analogously and are being disposed of by this common judgment and order. Page 1 of 422. These appeals are at the instance of two convicts and are directed against a common judgment and order dated 24.03.2014 passed by the High Court of Uttarakhand at Nainital in the Criminal Appeal No.273 of 2013 and Criminal Appeal No.274 of 2013 respectively by which the High Court dismissed both the appeals and thereby affirmed the judgment and order of conviction passed by the Additional District and Sessions Judge Kotdwar, Garhwal in the Sessions Trial No.48 of 20...
Tag this Judgment!Court : Karnataka Dharwad
-1 - R IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE5H DAY OF OCTOBER, 2023 BEFORE THE HONBLE MR. JUSTICE SACHIN SHANKAR MAGADUM W.P NO.104393 OF2023BETWEEN: RAJEEV GANDHI GRUHA NIRMANA SAHAKARI SANGHA REPRESENTED BY ITS PRESIDENT BY NAME SRI. ABHIMANYU S/O NEELAPPA MADIWALAR AGE:65. YEARS OCC: BUSINESS R/O: BASAMMA BUILDING BEHIND BVB BOYS HOSTEL VIDYANAGAR HUBBALLI - 25 PETITIONER (BY SRI.V.M.SHEELAVANT, SRI.M.L.VANTI AND SRI.R.L.SHEELAVANT, ADVOCATES) AND: SMT.SULOCHANA W/O GANAPATI PAVUSKAR (PAVANNAVAR) AGE:70. YEARS OCC: HOUSE HOLD R/O: MIG NO.133 NAVANAGAR HUBBALLI - 25 RESPONDENT (BY SRI.SHIVASAI M.PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER -2 - APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED1703.2023 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI IN O.S.NO.273/2020 ON I.A.NO.5 PRODUCED AT ANNEXURE-F IN THE INTEREST OF JUST...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023NSC857 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 7175 OF2021CPL ASHISH KUMAR CHAUHAN (RETD.) APPELLANT(S) VERSUS COMMANDING OFFICER & ORS. RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. The present civil appeal challenges an order of the National Consumer Disputes Redressal Commission, New Delhi1 (hereafter, Commission). The application by CPL Ashish Kumar Chauhan (hereafter, appellant) for compensation was dismissed by the Commission. The Commanding Officer, 171 Military Hospital is arrayed as the first Respondent; the Medical Officer at the 171 Military Hospital (171 MH) is the second respondent; the Principal Director, Directorate of Air Veterans is impleaded as the third respondent; the Commanding Officer of the South Western Air Command (Gandhinagar HQ) is arrayed as fourth respondent, and the Senior Medical Officer at the said Military facility is impleaded as the fifth respondent. The first, second and fifth 1 In Consumer Compla...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023NSC850 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1968 OF2012BATLIBOI ENVIRONMENTAL ENGINEERS LIMITED ..... A PPELLANT VERSUS HINDUSTAN PETROLEUM CORPORATION LIMITED AND ANOTHER ..... R E SPONDENTS JUDGMENT SANJIV KHANNA, J.This appeal by way of special leave by Batliboi Environmental Engineers Limited1 takes exception to the judgment dated 02.11.2007, whereby the Division Bench of the High Court of Judicature at Bombay allowed the appeal2 filed by Hindustan Petroleum Corporation Limited3 under Section 37 of the Arbitration and Conciliation Act, 19964, and thereby has set aside the arbitral award dated 23.03.1999. 1 For short, BEEL. 2 Appeal No.227 of 2001 in Arbitration Petition No.280 of 1999. 3 For short, HPCL. 4 For short, A&C Act. C.A. No.1968 of 2012 Page 1 of 502. On acceptance of tender and in terms of the letter of intent dated 27.02.1992, HPCL had awarded to BEEL the turnkey contract for detailed engineering including civil and st...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023NSC817 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.377 OF2007CBI APPELLANT(S) VERSUS R.R. KISHORE RESPONDENT(S) WITH CRL. APPEAL No.2763/2023 (Arising out of SLP(CRL.) NO.4364 OF2011 JUDGMENT VIKRAM NATH, J.Crl. Appeal No.377/2007.1. This Constitution Bench has been constituted to consider whether the declaration made by a Constitution Bench of this Court, in the case of Subramanian Swamy vs. Director, Central Bureau of Investigation and another , that 1 Section 6A of the Delhi Special Police Establishment Act, 194 being 2 unconstitutional, can be applied retrospectively in context with Article 20 of the Constitution. 1 (2014) 8 SCC6822 In short DSPE Act Crl. Appeal No.377 of 2007 Page 1 of 1062. Necessary facts relevant for the purposes of this case are stated hereunder:2. 1 The appellant-Central Bureau of Investigation 3 after registering the First Information Report at 02:00 pm on 16.12.2004 for offences under the Prevention of Corr...
Tag this Judgment!Court : Karnataka Kalaburagi
- 1 - NC:2023. KHC-K:7285 WP No.201900 of 2023 R IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE11H DAY OF SEPTEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.201900/2023 (GM-CPC) BETWEEN:1. KRISHNA BHAGYA JALA NIGAM LTD., (GOVERNMENT OF KARNATAKA UNDERTAKING) REPRESENTED BY ITS MANAGING DIRECTOR KRISHNA BHAGYA JALA NIGAM LTD., K.R. CIRCLE, BENGALURU2 THE CHIEF ENGINEER KRISHNA BHAGYA JALA NIGAM LTD., CANAL ZONE NO.1, BHEEMARAYANAGUDI TQ. SHAHAPURA, DIST. YADGIR3 THE EXECUTIVE ENGINEER KRISHNA BHAGYA JALA NIGAM LTD., NRBC DIVISION NO.4 CHIKKAHONNAKUNI TQ. DEODURGA, DIST. RAICHUR ...PETITIONERS (BY SRI KRUPA SAGAR PATIL, ADVOCATE) AND:1. A. PRABHAKARA REDDY AGE:69. YEARS OCC: CLASS-I CONTRACTOR R/O. FLAT NO.404, BHANU ENCLAVE SUNDER NAGAR, ERRAGADDA HYDERABAD- 500038 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER - 2 - NC:2023. KHC-K:7285 WP No.201900 of 2023 P. CHANDRAMOULI S/O P. VENKATARMA SASTRY AGE:62. YEARS OCC: CHIEF GENERAL MANAGER APRCL ...
Tag this Judgment!