Court : Supreme Court of India
REPORTABLE2024INSC313IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024(Arising out of SLP(Crl.) No(s). 7880 of 2023) THE STATE OF WEST BENGAL .APPELLANT(S) VERSUS JAYEETA DAS ..RESPONDENT(S) JUDGMENT Mehta, J.1. Leave granted.2. Heard learned counsel for the parties and perused the material available on record.3. The State of West Bengal has approached this Court by way of this appeal for assailing the legality and validity of the judgment dated 11th May, 2023 passed by the High Court of Calcutta in C.R.R. No.3180 of 2022. Brief Facts:- 4. Based on written complaint dated 1st January, 2022 filed by the SI Raju Debnath, STF Police Station, Kolkata on 28th 1 December, 2021 informing about recovery of an unclaimed black coloured bagpack lying abandoned at Sahid Minar containing some written posters of CPI(Maoist) and some incriminating articles about the activities of CPI(Maoist), FIR No.01 of 2022 came to be registered at STF Police Station, Kolk...
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2024 INSC310REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2024[Arising out of SLP (C) No.6937 of 2021]. THE STATE OF TELANGANA & ORS. APPELLANT(S) VERSUS MOHD. ABDUL QASIM (DIED) PER LRS. RESPONDENT(S) JUDGMENT M. M. Sundresh, J.1. Leave granted.2. The statement made by the Tribal Chief Seattle, way back in the year 1854, in his letter to the offer of George Washington, the former First President of the United States of America, to buy their land, is a pearl of wisdom not understood by the ignorant, educated modern mind. Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every meadow, every humming insect. All are holy in the memory and experience of my people. xxx xxx xxx This we know: the earth does not belong to man; man belongs to the earth. All things are connected like the blood that unites us all. Man did not weave 1 the web of life; he is merely a strand in it. W...
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REPORTABLE2024INSC287IN THE SUPREME COURT OF INDIA CIVIL APPEALATE JURISDICTION CIVIL APPEAL No.8616 OF2017KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. APPELLANT(S) VS THIYYURKUNNATH MEETHAL JANAKI AND ORS RESPONDENT(S) JUDGMENT ANIRUDDHA BOSE The present appeal arises out of a suit for partition instituted by one Thiyyer Kunnath Meethal Chandu (Chandu) claiming 8/20 shares in the suit property described in the schedule to the plaint as Kizhake vattakkandy enha Pattayathil perulla Asarikandy pasramba, 6 feetinu ki-pa 37, the-va 35. The appellants before us were the defendants in the said suit, and are successors-in- interest of one Sankaran. The latter and Chandu are uterine brothers, both being the sons of one Chiruthey, who was married twice. Her first husband was Madhavan, within whose wedlock Sankaran was born. Madhavan passed away sometime before the 1 year 1910, though the exact year of death has not been specified in the pleadings nor it has appeared in evidence. After Madha...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.of 2024 (@ SPECIAL LEAVE PETITION (CIVIL) No.29227 OF2019 AABID KHAN APPELLANT VERSUS DINESH AND OTHERS RESPONDENT(S) JUDGMENT Aravind Kumar, J.1. Leave granted.2. We have heard learned advocates appearing for the parties and perused the records.3. Challenge is laid in this appeal to the order dated 21.01.2019 passed in MA No.1614 of 2018 by the High Court of Madhya Pradesh, Bench at Indore whereunder the compensation awarded by the Motor Accidents Claims Tribunal (hereinafter referred to as tribunal) by award dated 04.12.2017 in a sum of Rs.87,700/- with interest @ 7% p.a. came to 1 be enhanced to Rs.1,27,700/- with same interest contending inter-alia that compensation so awarded by the High Court is on the lower side and same has to be enhanced.4. The occurrence of the accident, injuries sustained by the appellant/ claimant in the road accident that took place on 23.04.2013, consequential disability...
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2024 INSC289Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4615 OF2023Karikho Kri Appellant Versus Nuney Tayang and another Respondents With CIVIL APPEAL No.4716 OF2023JUDGMENT SANJAY KUMAR, J1 In the year 2019, Karikho Kri, an independent candidate, Dr. Mohesh Chai, candidate of the Bharatiya Janata Party, and Nuney Tayang, candidate of the Indian National Congress, contested the election to the Arunachal Pradesh Legislative Assembly from 44 Tezu (ST) Assembly Constituency. The election was held on 11.04.2019 and Karikho Kri emerged victorious with 7538 votes, while Dr. Mohesh Chai secured 7383 votes and Nuney Tayang secured 1088 votes. 12. Nuney Tayang filed Election Petition No.01(AP) of 2019 before the Itanagar Bench of the High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh, seeking a declaration that the election of Karikho Kri was void on the grounds mentioned in Sections 100(1)(b), 100(1)(d)(i) and 100(1)(d)(iv) of the Represent...
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2024 INSC283Non-reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.... of 2024 (@ Special Leave Petition (C) No.13989 of 2019) With Civil Appeal No.... of 2024 (@Special Leave Petition (C) No.15843 of 2019) Vitthalrao Marotirao Navkhare Appellant Versus Nanibai (Dead), through LRs, and others Respondents JUDGMENT SANJAY KUMAR, J1 Leave granted.2. The plaintiff in Spl. C.S. No.286 of 2005 on the file of the learned Civil Judge (Senior Division), Amravati, is the appellant before us. In one appeal, he assails certain findings recorded by a learned Judge of the Nagpur Bench of the Bombay High Court in the judgment dated 24.11.2018 in Second Appeal No.38 of 2009, arising therefrom. In the 1 other appeal, his challenge is to the order dated 22.03.2019 of the very same learned Judge of the Bombay High Court, Nagpur Bench, in Misc. Civil Application (Review) No.46 of 2019 in Second Appeal No.38 of 2009.3. Spl. C.S. No.286 of 2005 was filed by the appellant...
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2024 INSC301REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.153/2023 YASH TUTEJA & ANR. PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) WITH WRIT PETITION (CRIMINAL) NO.208/2023 WRIT PETITION (CRIMINAL) NO.216/2023 AND WRIT PETITION (CRIMINAL) NO.217/2023 JUDGMENT ABHAY S.OKA, J1 Taken up for final hearing as notice has already been issued on the petitions. In substance, in these Writ Petitions, the only challenge that survives is to the complaint filed by the Directorate of Enforcement under Section 44(1)(b) of the Prevention of Money-Laundering Act, 2002 (for short, the PMLA) concerning ECIR/RPZO/11/2022.2. It is not in dispute that the alleged scheduled offences on which the complaint is based are under various sections of the Income-tax Act, 1961, read with Sections 120B, 191, 199, 200 and 204 of the Indian Penal Code, 1860 (for short, the 1 IPC). It is also not in dispute that except for Section 120B of the IPC, none of ...
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REPORTABLE2024INSC282IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6282 OF2023KARIM UDDIN BARBHUIYA . APPELLANT(S) VERSUS AMINUL HAQUE LASKAR & ORS. . RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. The instant Appeal filed by the appellant - Karim Uddin Barbhuiya (Original Respondent No.1) is directed against the impugned judgment and order dated 26.04.2023 passed by the Gauhati High Court at Guwahati in I.A. (Civil) No.1278 of 2021 in Election Petition No.01 of 2021, whereby the High Court has dismissed the said IA filed by the present appellant under Order VII Rule 11 CPC seeking rejection of the Election Petition filed by the respondent No.1 - Aminul Haque Laskar (Original Election Petitioner). 12. A brief conspectus of relevant facts may be stated as under: (i) On 05.03.2021, General Election to the Legislative Assembly of Assam was notified by the Election Commission of India, whereunder the last date for filing of nomination papers was 12.03.2021. (ii) ...
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2024 INSC284Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No._________ of 2024 (@ Special Leave Petition (Crl.) No.2772 of 2023) Vipin Sahni and another Appellants Versus Central Bureau of Investigation Respondent JUDGMENT SANJAY KUMAR, J1 Leave granted.2. Exercising power under Section 239 Cr.P.C, the learned Special Judicial Magistrate, CBI Court, Ghaziabad, discharged the appellants herein of a charge under Sections 420 and 120B IPC, vide order dated 31.08.2019 in Case No.456 of 2012 arising out of RC-219 2011 (E) 0016 1 registered on the file of Police Station CBI, EO-1, New Delhi. Aggrieved thereby, the Central Bureau of Investigation (for short, CBI) approached the High Court of Judicature at Allahabad, under Section 482 Cr.P.C, by way of Application U/S482No.11426 of 2021. By order dated 20.01.2023 passed therein, the High Court set aside the discharge order and directed the learned Magistrate to proceed with the case against the appe...
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REPORTABLE IN THE SUPREME COURT OF INDIA2024INSC270CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8821 OF2011STATE OF MAHARASHTRA & ANR. APPELLANT(S) Versus NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD. RESPONDENT(S) JUDGMENT SUDHANSHU DHULIA, J.1. The State of Maharashtra is in appeal before us challenging the order of the Division Bench of Bombay High Court dated 18.08.2009, which has allowed the writ petition of the respondent, while setting aside the order of the Deputy Superintendent of Stamps, Maharashtra (appellant no.2). We have heard learned counsel Mr. Aniruddha Joshi for the appellants and learned senior counsel Ms. Madhavi Divan for the respondents.2. National Organic Chemical India Ltd. (respondent) was incorporated with an initial share capital of Rs.36 crores. In 1992 1 it increased its share capital to Rs. 600 crores and accordingly paid a stamp duty of Rs.1,12,80,000/- as per Article 10 of Schedule-I of the Bombay Stamp Act, 1958 (hereinafter Stamp Act). At that time, the pr...
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