Court : Supreme Court of India
2024 INSC500REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7254 OF2024(ARISING OUT OF SLP(C) No.29334 OF2016 M/S AL-CAN EXPORT PVT. LTD. .APPELLANT VERSUS PRESTIGE H.M. POLYCONTAINERS LTD. & ORS. .RESPONDENT(S) WITH CIVIL APPEAL No.7255 OF2024(ARISING OUT OF SLP(C) No.29335 OF2016 JUDGMENT J.B. PARDIWALA, J: For the convenience of exposition, this judgment is divided into the following parts: INDEX A. FACTUAL MATRIX.............................................................................................. 3 B. SUBMISSIONS ON BEHALF OF THE APPELLANT ....................................... 13 C. SUBMISSIONS ON BEHALF OF THE RESPONDENT No.6/Asset Reconstruction Co. (India) Ltd. (ARCIL) ........................................................ 16 D. ISSUES FOR DETERMINATION ...................................................................... 21 E. RELEVANT STATUTORY PROVISIONS OF THE REVENUE CODE ............... 21 F. ANALYSIS .......................
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REPORTABLE2024INSC493IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1188/2015 G.M. SHAHUL HAMEED APPELLANT VERSUS JAYANTHI R. HEGDE RESPONDENT JUDGMENT DIPANKAR DATTA, J.1. The substantial question arising for decision in this civil appeal is whether upon admission of an instrument in evidence and its marking as an exhibit by a court (despite the instrument being chargeable to duty but is insufficiently stamped), such a process can be recalled by the court in exercise of inherent powers saved by section 151 of the Code of Civil Procedure1 for the ends of justice or to prevent abuse of the process of the court. 1 CPC, hereafter Page 1 2. Assail in this civil appeal is to the judgment and order dated 26th September, 20112 passed by a learned Single Judge of the High Court of Karnataka at Bengaluru3 whereby His Lordship set aside the order dated 19th October, 2010 passed by the Court of Additional Senior Judge-III, Mangalore4 and allowed the petition5 preferred...
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AP15of 2023 Reportable 2024 INSC536IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION (CIVIL) No.15 OF2023Elfit Arabia & Anr Petitioners Versus Concept Hotel BARONS Limited & Ors Respondents WITH ARBITRATION PETITION (CIVIL) No.10 OF2023ORDER ARBITRATION PETITION (CIVIL) No.15 OF20231 The petitioner, an entity incorporated in the United Arab Emirates, was purportedly approached by the respondents to finance a telecommunication project undertaken by Telesuprecon Nigeria Limited (TNL). Accordingly, the Memorandum of Understanding (MoU) which forms the basis of the petition under Section 11(6) of the Arbitration and Conciliation Act 19961 was executed on 1 June 2004. TNL was represented by the second respondent, who is also a director of the first respondent a company incorporated in India. Pursuant to the terms of the MoU, the petitioners 1 Act 2 AP15of 2023 claim to have disbursed funds on various occasions. On 2 August 2006, a supplementary MoU was execut...
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REPORTABLE2024INSC466IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7906 OF2010MAHESH CHAND BARETH & ANR. APPELLANT(s) VERSUS STATE OF RAJASTHAN & ORS. RESPONDENT(s) With Civil Appeal No._____ of 2024 [@SLP(C) No.34742/2013]. Civil Appeal Nos. 8656-8668/2011 Civil Appeal No.9618/2011 Civil Appeal No.10709/2011 Civil Appeal No.10712/2011 Civil Appeal No.10711/2011 Civil Appeal No.10710/2011 Civil Appeal No.6898/2012 Civil Appeal No.1668/2012 Civil Appeal No.1038/2012 Civil Appeal No.11332/2011 Civil Appeal No.11442/2011 Civil Appeal No.11407/2011 Civil Appeal No.4559/2012 Civil Appeal Nos.6096-6104/2012 Civil Appeal No.8661/2012 Civil Appeal No.______ of 2024 [SLP(C) No.34663/2013]. Civil Appeal No.322/2013 Civil Appeal Nos.9328-9331/2010 1 Civil Appeal No.10281/2010 Civil Appeal Nos. 2800-2802/2011 Civil Appeal Nos. 2806-2808/2011 Civil Appeal No.2803/2011 Civil Appeal Nos.2804-2805/2011 Civil Appeal No.2980/2011 Civil Appeal No.2978/2011 Civil Appeal No.297...
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REPORTABLE2024INSC467IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8829 OF2010HAR NARAYAN TEWARI (D) THR. LRS. APPELLANT(S) VERSUS CANTONMENT BOARD, RAMGARH CANTONMENT & ORS. RESPONDENT(S) JUDGMENT PANKAJ MITHAL, J.1. Shri Manoj Goel, learned senior counsel for the appellants and Shri Manoj Swarup, learned senior counsel for the respondents were heard.2. The Title Suit No.9/89 of the plaintiff-appellant (Har Narayan Tewari) was decreed on 16.03.2000 by the court of first instance. In an appeal by the Cantonment Board, Ramgarh, the said decree was reversed by the First Appellate Court vide judgment and order dated 28.06.2006; basically on the ground that the suit was hit by principle of res judicata in view of the decision in the earlier Title Suit No.8/64 instituted by Maharani Lalita 1 Rajya Lakshmi1 (wife of Raja Bahadur Kamakshya Narayan Singh2) wherein the plaintiff-appellant was defendant No.32 and the Cantonment Board, Ramgarh was the main contesting ...
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NON-REPORTABLE2024INSC485IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3780-3781 OF2020SHASHIDHAR AND OTHERS APPELLANT(S) VERSUS ASHWINI UMA MATHAD AND ANOTHER RESPONDENT(S) JUDGMENT S.V.N. BHATTI, J.1. These Civil Appeals are filed against the judgment dated 16.10.2019 in R.F.A. No.3052 of 2010 and Cross-objection No.103 of 2011, on the file of the High Court of Karnataka, Dharwad Bench.2. The Respondents filed O.S. No.73 of 2004 in the Court of the Additional Civil Judge, Hubli, for partition of suit properties and allot half of one-third to each of the Respondents in all the suit properties. The suit properties are stated thus:1. Sl. No.Sy. No./CTS No.& Extent Village Remarks Ward No.1. CTS No.290 - Mantur Residential 2. CTS No.1108 Ward 87 Sq. Hubli -do- No.III1 Yds.3. CTS No.92A5, 616.2/- Hubli -do- Ward No.III4 CTS No.92A5, 200.2/- Hosur -do- Ward No.III Hubli 5. Block No.168/4 13A- Shiraguppi Agricultural 03 Gs. Bhandlwad land Village, Tq.Hubli 3. ...
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2024 INSC472Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2807 OF2024(Arising out of Special Leave Petition (Crl.) No.6769 of 2017) Sardar Ravi Inder Singh & Anr. Appellants versus State of Jharkhand & Anr. ... Respondents JUDGMENT ABHAY S. OKA, J.1. Leave granted. FACTUAL ASPECTS2 In substance, the appellants' prayer in this appeal is to quash the criminal proceedings of a complaint filed by the second respondent, Ganesh Kumar Agiwal. The present appellants are the trustees of Sardar Bahadur Sir Inder Singh (Personal Estate) Trust (for short, the Trust). The present appellants and one Gurdev Singh, as the trustees of the said Trust, entered into two separate agreements for sale dated 29th January 2001 (for short the agreements) in favour of the second respondent and one Uma Shankar Agiwal. In the agreements, the second respondent and Uma Shankar were described as the partners of Sri Mahakaleshwar Enterprises Criminal Appeal @ SLP (Crl) No...
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2024 INSC478REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7247 OF2024(Arising out of Special Leave Petition (C) No.16451 of 2023) Bombay Slum Redevelopment Corporation Private Limited Appellant versus Samir Narain Bhojwani Respondent with CIVIL APPEAL NO.7248 OF2024(Arising out of Special Leave Petition (C) No.20359 of 2023) and CIVIL APPEAL NO.7249 OF2024(Arising out of Special Leave Petition (C) No.14238 of 2024) (Diary No.40494 of 2023) JUDGMENT ABHAY S. OKA, J.1. The application for permission to file special leave petition is allowed. Leave granted. FACTUAL ASPECTS2 These appeals take exception to the same judgment and order dated 7th July 2023 passed by the High Court of Civil Appeal @ SLP (C) No.16451 of 2023, etc. Page 1 of 35 Judicature at Bombay. Therefore, the same are being decided together. We are setting out a few factual aspects necessary for deciding the appeals.3. On 31st March 1993, the Maharashtra Housing and Area Development...
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2024 INSC477Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7426 OF2023The State of West Bengal represented through the Secretary & Ors. Appellants versus Rajpath Contractors and Engineers Ltd. Respondent JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 The first appellant the State of West Bengal appointed the respondent as a contractor for the construction of a bridge. As there was a dispute between the parties, the respondent invoked the arbitration clause in the contract, and a sole arbitrator was appointed. On 30th June 2022, the Arbitral Tribunal passed an award directing the appellants to pay a sum of Rs.2,11,67,054.00 (Two Crores Eleven Lakhs SixtySeven Thousand FiftyFour Rupees Only) to the respondent with interest thereon, as directed. The counter claim made by the appellants was dismissed. The appellants Civil Appeal No.7426 of 2023 Page 1 of 8 received a copy of the award on the same day. The High Court of Judicature at Calcutta was closed ...
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2024 INSC452REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 2715 - 2719 OF2024(@ SLP (Crl.) Nos. 14036-14040 of 2023) UNION OF INDIA rep. by the Inspector of Police National Investigation Agency Chennai Branch APPELLANT(S) VERSUS BARAKATHULLAH ETC. RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Leave granted.2. The Central Government in Ministry of Home Affairs, CTCR Division having received a credible information that the office bearers, members and cadres of Popular Front of India (PFI), an extremist Islamic organization have been spreading its extremist ideology across Tamil Nadu, by establishing State Headquarters at Purasaiwakkam, Chennai 1 and also offices in various districts of Tamil Nadu and that through their frontal Organizations like Campus Front of India, National Womens Front, Social Democratic Party of India etc., they conspire for committing terrorist acts, raise funds for committing terrorist activities and recruit members fo...
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