Court : Supreme Court of India
Decided on : May-10-2023
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3615 OF2023(ARISING OUT OF SLP(C) No.8493 OF2021 RELIANCE INFRASTRUCTURE LTD. .APPELLANT(S) VERSUS STATE OF GOA .RESPONDENT(S) WITH CIVIL APPEAL NO.______ OF2023(ARISING OUT OF SLP(C) No.16778 OF2021 JUDGMENT DINESH MAHESHWARI, J.Table of Contents Preliminary ................................................................................................................. 2 Relevant factual aspects and background .................................................................. 3 Arbitration proceedings and award ............................................................................. 7 Challenge to the award under Section 34 of the Act .................................................. 9 The appeal under Section 37 of the Act ................................................................... 11 Rival Submissions ......................................................................................
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2023
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
Decided on : Jan-24-2023
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. OF2023(@ SLP(C) Nos. 32592-32593 of 2015) BAHARUL ISLAM & ORS. APPELLANT(S) VERSUS THE INDIAN MEDICAL ASSOCIATION AND ORS. RESPONDENT(S) WITH TC (C) No.25 OF2018TC (C) No.24 OF2018JUDGMENT NAGARATHNA, J.I N D E X Sl. Particulars Page No.No.(s) 1. Brief facts of the case 2-8 2. Birds Eye View of the controversy 8 3. Submissions on behalf of the appellants 8-14 4. Arguments on behalf of R-1 14-19 5. Arguments on behalf of R-7 19-24 6. Submissions on behalf of the State of Assam 24-29 7. Points for consideration 30 8. Constitutional Scheme 30-39 9. Contentions on behalf of the UOI3941 10. Interplay between Entry 66 of List 1 and Entry 25 of 42-68 List III11 Relevant provisions of Indian Medical Council Act, 68-80 1956 12. Relevant provisions of Assam Rural Health 80-92 Regulatory Authority Act, 2004 13. A comparative table and analysis of the provisions 92-106 of the IMC Act, 1956 and the Assam Act 1...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-15-2023
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2023(@ SPECIAL LEAVE PETITION (CRL.) No.9978 OF2022 S. ATHILAKSHMI Appellant(s) Versus THE STATE REP. BY THE DRUGS ..Respondent(s) INSPECTOR JUDGMENT SUDHANSHU DHULIA, J.Leave granted.2. The Appellant before this Court is a registered medical practitioner who is presently working as an Associate Professor and the Head of Dermatology Department, in the Government Omandurar Medical College, Chennai. In the past, she has held the post of Assistant Professor and Civil Surgeon at Royapettah Medical College. It is permissible for her under the law to 2 practice medicine when she is not performing her official duties. The Appellant, in her individual and independent capacity was carrying on her medical practice at a premises which is No.87, Red Hills Road (North), Villivakkam, at Chennai. It is here that she could be consulted and where she meets and examines her patients.3. An inspection was made ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-06-2023
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 : Supreme Court of India
Decided on : Oct-09-2023
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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Decided on : Aug-02-2023
REPORTABLE IN THE SUPREME COURT OF INDIA2023INSC674CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1922-1923/2017 WAZIR KHAN ..... APPELLANT(S) VERSUS STATE OF UTTARAKHAND ..... RESPONDENT(S) ORDER These appeals are at the instance of the appellant/convict Wazir Khan and is directed against the judgment(s) and order(s) dated 25.07.2017 (conviction) and 09.08.2017 (sentence) resply passed by the High Court of Uttarakhand at Nainital in Government Appeal No.10 of 2011, by which the High Court allowed the appeal filed by the respondent State of Uttarakhand and thereby reversed the judgment and order of acquittal passed by the trial court. The deceased Bushra was the wife of the appellant/convict Wazir Khan. The appellant/convict Wazir Khan was put to trial in the Court of Additional Sessions Judge, Roorkee, District Haridwar, Uttarakhand in Sessions Trial No.158 of 2007 for the offence punishable under Section 302 and 201 of the Indian Penal Code, 1860 (for short IPC). It is the...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-01-2023
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5393 OF2010M/S GODREJ SARA LEE LTD. APPELLANT(S) VS. THE EXCISE AND TAXATION OFFICER- CUM-ASSESSING AUTHORITY & ORS. ..RESPONDENT(S) JUDGMENT DIPANKAR DATTA, J.This appeal, by special leave, registers a challenge to an order dated 12th October, 2009 passed by the High Court of Punjab and Haryana at Chandigarh (hereafter the High Court, for short) dismissing Civil Writ Petition No.9191 of 2009 presented by the appellant and relegating it to the remedy of an appeal under section 33 of the Haryana Value Added Tax Act, 2003 (hereafter the VAT Act, for short).2. Two questions emerge for decision on this appeal. First, whether the High Court was justified in declining interference on the ground of availability of an alternative remedy of appeal to the appellant under section 33 of the VAT Act, which 2 it had not pursued. Should the answer to the first question be in the negative, we would next be required...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-16-2023
REPORTABLE2023NSC733 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3339 of 2023 CENTRAL COUNCIL FOR RESEARCH IN APPELLANTS AYURVEDIC SCIENCES & ANR. VERSUS BIKARTAN DAS & ORS. RESPONDENTS JUDGMENT J.B. Pardiwala, J.:1. This appeal by special leave is at the instance of the Central Council for Research in Ayurvedic Sciences (CCRAS), Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Government of India (appellant No.1) and its Director General (appellant No.2). The two appellants before us were the original respondents before the High Court of Orissa. This appeal is directed against the judgment and order dated 17.12.2020 passed by the High Court of Orissa, Cuttack in W.P. (C) No.30620 of 2020 by which the High Court allowed the writ application filed by the original petitioner (respondent No.1) before us, setting aside the order passed by the Central Administrative Tribunal (CAT), Cuttack Bench, Cuttack and thereby holding tha...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-2023
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...
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