Court : Supreme Court of India
2024 INSC663REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5267 of 2024 ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION & ORS. ...APPELLANT(S) VERSUS V.V. BRAHMA REDDY & ANR. RESPONDENT(S) WITH CIVIL APPEAL No.5268 of 2024 WITH CIVIL APPEAL No.5269 of 2024 WITH CIVIL APPEAL No.5270 of 2024 WITH CIVIL APPEAL No.5271 of 2024 WITH CIVIL APPEAL No.5272 of 2024 WITH CIVIL APPEAL No.5273 of 2024 WITH CIVIL APPEAL No.5274 of 2024 WITH CIVIL APPEAL No.5275 of 2024 WITH CIVIL APPEAL No.5276 of 2024 1 WITH CIVIL APPEAL No.5277 of 2024 WITH CIVIL APPEAL No.5278 of 2024 WITH CIVIL APPEAL No.5279 of 2024 WITH CIVIL APPEAL No.5280 of 2024 WITH CIVIL APPEAL No.5281 of 2024 WITH CIVIL APPEAL No.5282 of 2024 WITH CIVIL APPEAL No.5283 of 2024 WITH CIVIL APPEAL No.5284 of 2024 WITH CIVIL APPEAL No.5285 of 2024 WITH CIVIL APPEAL No.5286 of 2024 WITH CIVIL APPEAL No.5287 of 2024 WITH CIVIL APPEAL No.5288 of 2024 WITH CIVIL APPEAL No.5289 of 2024 WITH CIVIL APPEAL No.5...
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2024 INSC578REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No.348 OF2023GOVERNMENT OF NCT OF DELHI ...PETITIONER(S) VERSUS OFFICE OF LIEUTENANT GOVERNOR OF DELHI RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.1. Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 19571 provides that the Lieutenant Governor2 of National Capital Territory of Delhi3 shall nominate 10 persons with special knowledge in municipal administration to the DMC. The question for our consideration is whether the Lt. Governor can exercise that power of nomination as a statutory duty attached to his office or he is bound by the aid and advice of the Council of Ministers of NCTD as provided in Article 239AA(4) of the Constitution. 1 Hereinafter referred to as the DMC Act and DMC for Delhi Municipal Corporation. 2 After the establishment of Legislative Assembly for the Union Territory of Delhi, the Administrator is redesignated as Lieutenant Governor. 3 Hereinafter ...
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REPORTABLE2024INSC447IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2668 OF2024(Arising out of SLP (Crl.) No.9052 of 2021) NATIONAL INVESTIGATION AGENCY NEW DELHI APPELLANT(S) VERSUS OWAIS AMIN @ CHERRY & ORS. RESPONDENT(S) JUDGMENT M. M. Sundresh, J.1. Leave granted.2. Challenge in this appeal is to the judgment rendered by the Division Bench of the High Court of Jammu & Kashmir at Jammu in Criminal Appeal (D) No.11/2020 dated 27.04.2021 by which the judgment rendered by the Special Judge, National Investigation Agency (NIA) (3rd Additional Sessions Judge) Jammu, has been confirmed in part, while remitting the issue pertaining to the charges framed under Sections 306 and 411 of the Jammu and Kashmir State Ranbir Penal Code SVT., 1989 (hereinafter referred to as RPC, 1989) along with Section 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAPA, 1967) for taking cognizance afresh. 13. Heard Mr. S.V. Raju, learned Addit...
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REPORTABLE2024INSC439IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8978/2019 M/S SUNDEW PROPERTIES LIMITED APPELLANTS VERSUS TELANGANA STATE ELECTRICITY REGULATORY COMMISSION & ANR. RESPONDENTS JUDGMENT DIPANKAR DATTA, J.THE CHALLENGE1 This is a statutory appeal before us under section 125 of the Indian Electricity Act, 20031. It registers a challenge to the judgment and order dated 27th September, 2019 passed by the Appellate Tribunal for Electricity2 1 Electricity Act 2 APTEL Page 1 of 24 dismissing an appeal carried under section 111 of the Electricity Act by the appellant from the judgment and order dated 15th February, 2016 passed by the Telangana State Electricity Regulatory Commission3. Consequently, the impugned judgment and order of the TSERC was upheld. BRIEF FACTS2 The basic facts giving rise to this appeal are not disputed. A brief overview of the facts and the trajectory of proceedings, relevant for a decision on the present appeal, are set out...
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REPORTABLE2024INSC348IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5366-5367 OF2024FERTILIZER CORPORATION OF INDIA APPELLANTS LIMITED & ORS. VERSUS M/S COROMANDAL SACKS PRIVATE LIMITED RESPONDENT JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided into the following parts: - INDEX A. FACTUAL MATRIX ............................................................................................. 2 i. Case of the original plaintiff before the trial court ...................................... 4 ii. Case of the original defendants before the trial court .................................. 6 iii. Appeals before the High Court .................................................................... 9 B. SUBMISSIONS ON BEHALF OF THE APPELLANTS/ORIGINAL DEFENDANTS .................................................................................................... 10 C. SUBMISSIONS ON BEHALF OF THE RESPONDENT/ORIGINAL PLAINTIFF ..........
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REPORTABLE2024INSC243IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1891-1966 OF2024UNION OF INDIA ...APPELLANT(S) ROMIT NANDAN SAHAI VERSUS M/S INDIAN OIL CORPORATION LTD. ...RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.: For the convenience of the exposition, this judgement is divided in the following parts: - INDEX A. FACTUAL MATRIX ................................................................................ 2 B. PROCEEDINGS BEFORE THE RAILWAY CLAIMS TRIBUNAL ... 8 C. IMPUGNED ORDER ............................................................................. 11 D. SUBMISSIONS ON BEHALF OF THE APPELLANT ....................... 13 E. SUBMISSIONS ON BEHALF OF THE RESPONDENT .................... 16 Civil Appeal No(s). 1891-1966 of 2024 Page 1 of 95 F. ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Sco...
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2024 INSC119REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2024(Arising out of Special Leave Petition (Civil) No.1663 of 2019) CHANDIGARH HOUSING BOARD ...APPELLANT VERSUS TARSEM LAL ...RESPONDENT JUDGMENT Leave granted.2. Being aggrieved by judgment dated 10.08.2018 passed by the High Court of Punjab and Haryana at Chandigarh, the appellant/Chandigarh Housing Board has preferred this appeal. Civil Appeal @ SLP (C) No.1663 of 2019 Page 1 of 313. Briefly stated, the facts pertinent to the adjudication of the present appeal are that the appellant herein, vide advertisement dated 28.06.1983, had called for applications for allotment of houses exclusively for Scheduled Castes and Scheduled Tribes and a total of 35 houses in the HIG (Upper) and HIG (Lower) categories were reserved for that purpose. This advertisement was issued pursuant to Regulation 25 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 wh...
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2024 INSC29Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5933 OF2023Dr. Balbir Singh Bhandari Appellant Versus The State of Uttarakhand & Ors. Respondents With Civil Appeal No.5935 of 2023 Civil Appeal No.5937 of 2023 Civil Appeal No.5938 of 2023 Civil Appeal No.5934 of 2023 Civil Appeal No.5936 of 2023 Civil Appeal No.5941 of 2023 and Civil Appeal Nos. 5939-5940 of 2023 JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 The benefit of a personal/promotional pay scale was granted to the appellants by the State of Uttarakhand. The said benefit was withdrawn under a subsequent decision of the State of Uttarakhand. The narrow question is whether the C.A. 5933 OF2023etc. Page 1 of 11 benefits can be recovered from the appellants who have superannuated.2. Few factual aspects need consideration. The undivided Government of Uttar Pradesh issued an order dated 16th June 1988 by which the appellants were appointed on an ad hoc basis in the State Ayurvedic an...
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REPORTABLE2024INSC15IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3088-3089 OF2020BHARTI AIRTEL LIMITED AND ANOTHER ..... A P PELLANTS VERSUS VIJAYKUMAR V. IYER AND OTHERS ..... R E SPONDENTS SANJIV KHANNA, J.The present appeals raise an interesting question on the right to claim set-off in the Corporate Insolvency Resolution Process, when the Resolution Professional proceeds in terms of clause (a) to sub-section (2) of Section 25 of the Insolvency and Bankruptcy Code, 20161 to take custody and control of all the assets of the corporate debtor.2. In order to decide the issue raised in these appeals, we are required to refer to the facts in brief:2. 1 In April 2016, Bharti Airtel Limited and Bharti Hexacom Limited2 1 For short, IBC. 2For short- The appellants or Airtel entities. C.A. Nos. 3088-3089 of 2020 Page 1 of 41 JUDGMENT entered into eight spectrum trading agreements with Aircel Limited and Dishnet Wireless Limited3 for purchase of the right to use ...
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REPORTABLE2024INSC14IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9133 OF2019DBS BANK LIMITED SINGAPORE ..... A PPELLANT VERSUS RUCHI SOYA INDUSTRIES LIMITED AND ANOTHER ..... R E SPONDENTS WITH CIVIL APPEAL No.787 OF2020JUDGMENT SANJIV KHANNA, J.The issue that arises for consideration in the present appeals is: Whether Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 20161, as amended in 2019, entitles the dissenting financial creditor to be paid the minimum value of its security interest?.2. Appellant - DBS Bank Limited Singapore had extended financial debt of around USD50000,000 (fifty million dollars only) or Rs. 1 For short, IBC or the Code, as the case may be. Civil Appeal No.9133 of 2019 & Anr. Page 1 of 32 243,00,00,000 (rupees two hundred forty three crore only) to M/s. Ruchi Soya Industries Limited2, the corporate debtor.3. The financial debt was secured by: (i) a sole and exclusive first charge over certain immovable and fixed assets o...
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