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 : 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...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-2021
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9198 OF2019SESH NATH SINGH & ANR. ..Appellant(s) versus BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANR. ..Respondent(s) JUDGMENT Indira Banerjee, J.This appeal under Section 62 of the Insolvency and Bankruptcy Code 2016, hereinafter referred to as the IBC, is against a judgment and order dated 22nd November 2019, passed by the National Company Law Appellate Tribunal (NCLAT), dismissing Company Appeal (AT) (Insolvency) No.672 of 2019, filed by the Appellants, challenging an order dated 25th April 2019, of the National Company Law Tribunal (NCLT), Kolkata Bench, admitting the application filed by the Respondent No.1 as Financial Creditor, under Section 7 of the IBC being CP(IB) No.1202/KB/2018, thereby initiating 2 the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Debi Fabtech Private Ltd.2. The Corporate Debtor was inter alia engaged in the business of export of t...
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...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-31-2021
..... , we had sought the uoi s stance on invoking its powers of compulsory licensing under the patents act, 1970 in order to ramp up manufacturing and other statutory provisions to drive down costs. the uoi has adduced the following justifications in its affidavit dated 9 may 2021: (i ..... ng provided an equal quota for procurement as the state/ut governments. the manner in which the centre and states/uts shall ensure an equitable distribution of vaccines across sections of the society, and how this factors into the rationale of equal apportionment between state/ut governments and private hospitals. 22 part e the nature of the intervention ..... are covered with at least one registered csc30. hence, approximately 13,000 gram panchayats in india do not have a csc. 39 it is clear from the above statistics that there exists a digital divide in india, particularly between the rural and urban areas. the extent of the advances ..... appropriate way to safeguard the public health and the public safety... while this court should guard with firmness every right appertaining to life, liberty or property as secured to the individual by the supreme law of the land, it is of the last importance that it should not invade the domain of local authority except when it ..... to them; and (d) the end result of the liberalized vaccination policy is that the uoi can purchase vaccines at rs 150 per dose for covishield and covaxin, while the state/ut governments have to pay rs 300 and rs 400 per dose respectively. if the uoi .....
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...
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-2021
-:1. :- R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF JANUARY, 2021 PRESENT THE HONBLE MRS. JUSTICE B.V.NAGARATHNA AND THE HONBLE MR. JUSTICE NATARAJ RANGASWAMY WRIT APPEAL No.538/2020 (GM-RES) Connected with WRIT APPEAL No.545/2020 (GM-RES) IN W.A.No.538/2020 BETWEEN:1. SRI U.M. RAMESH RAO S/O. LATE U.M. KRISHNA RAO AGED ABOUT77YEARS, CHARTERED ACCOUNTANT, I G ROAD, CHIKKAMAGALUR 577 101.2. M/S. VIJAYADEVAN COFFEE ESTATE A PARTNERSHIP FIRM HAVING OFFICE AT I G ROAD, CHIKKAMAGALUR 577 101. REPRESENTED BY ITS PARTNER SRI U.M. RAMESH RAO.3. M/S. YELLIKUDIGE ESTATE A PARTNERSHIP FIRM HAVING OFFICE AT YELLIKUDIGE VILLAGE ALDUR HOBLI, CHIKKAMAGALUR TALUK 577 111 REPRESENTED BY ITS PARTNER SRI U.M. RAMESH RAO. ... APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR SRI. SRINIVAS S.V., ADVOCATE) -:2. :- AND: UNION BANK OF INDIA (FORMERLY CORPORATION BANK) M.G. ROAD, CHIKKAMAGALUR 577 101 REPRESENTED BY ITS AUTHORISED OFFICER. ... RESPONDENT (BY SRI. DHYAN CHINN...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-09-2021
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.5627 of 2021 (Arising out of SLP (C) No.4115 of 2019) Delhi Airport Metro Express Pvt. Ltd. .... Appellant(s) Versus Delhi Metro Rail Corporation Ltd. . Respondent (s) W I T H Civil Appeal No.5628 of 2021 (Arising out of SLP (C) No.8311 of 2019) JUDGMENT L. NAGESWARA RAO, J.Leave granted.1. Whether in exercise of its power under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, the 1996 Act), the Division Bench of the Delhi High Court was right in interfering with the award dated 11.05.2017 passed by the Arbitral Tribunal in favour of the Appellant - Delhi 1 | Pa ge Airport Metro Express Pvt. Ltd. (hereinafter, DAMEPL or the Concessionaire), is the question that arises for consideration in these Appeals.2. Delhi Metro Rail Corporation Ltd. (hereinafter, DMRC), a joint venture of the Government of India and the Government of National Capital Territory of Delhi, proposed implementat...
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