Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.172 OF2023AJAY KUMAR RADHEYSHYAM GOENKA APPELLANT Versus TOURISM FINANCE CORPORATION OF INDIA LTD. RESPONDENT With Crl. A. No.170/2023 Crl.A. No.171/2023 JUDGMENT SANJAY KISHAN KAUL, J.Factual Background:1. M/s Rainbow Papers Limited (company incorporated and registered under the Companies Act, 1956), of which Ajay Kumar Radheyshyam Goenka, the Appellant before us, was the Promoter and Managing Director, sought loans from a public financial institution, Tourism Finance Corporation of India Limited, the Respondent before us, to fulfil its various 1 corporate requirements. The proposal of the company was considered by the Respondent and approval was granted for a Term Loan of Rs. 30.00 crores. In pursuance to the approval, a Loan Agreement was executed on 27.03.2012 in New Delhi.2. In order to satisfy its obligations under the Agreement, the Accused company issued post-dated cheque of Rs. 25,47,94...
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1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL No.1497/2023 [ARISING OUT OF SLP(C) No.4149/2016]. SHAH NEWAZ KHAN & ORS. APPELLANTS VS. STATE OF NAGALAND & ORS. RESPONDENTS WITH TRANSFER PETITION (C) No.307/2016 SHAH NEWAZ KHAN & ORS. PETITIONERS VS. STATE OF NAGALAND & ORS. RESPONDENTS2JUDGMENT Dipankar Datta, J.1. Leave granted. THE ISSUE2 An issue, pristinely legal and novel, emerges for decision. It is novel in the sense that although three different High Courts of the country have taken views which are entirely consistent, except the view taken in the judgment and order under challenge of the Gauhati High Court which impliedly stands overruled by a larger Bench of the same High Court, this Court hitherto might not have had the occasion to deal with such an issue and decide either way.3. Shortly put, the issue is: Is the Supreme Court the sole repository of power in terms of section 25 of the Code of Civil Procedure (for brevity the CP...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.237 OF2022Haji Abdul Gani Khan & Anr. Petitioners v. Union of India & Ors. ... Respondents JUDGMENT ABHAY S. OKA, J.1. The main challenge in this writ petition under Article 32 of the constitution of India is to the legality and validity of the action of constituting a Delimitation Commission for the Union Territory of Jammu and Kashmir under provisions of the Delimitation Act, 2002 and the exercise of delimitation undertaken by the Commission. RELEVANT FACTS2 The Constitution (Application to Jammu and Kashmir) Order, 2019 bearing C.O. No.272 was issued by the Honble President of 1 India on 5th August 2019. The said order was issued in the exercise of powers conferred by clause (1) of Article 370 of the Constitution of India. The said order directed that all the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir, subject to m...
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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE30H DAY OF NOVEMBER, 2022 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.19575 OF2022(GM - PDS) BETWEEN: SRI MANJUNATH B., S/O BASAVARAJU, AGED ABOUT34YEARS, R/AT NO.126, BYRAVESHWARA NAGAR MAIN ROAD, NEAR BYRAVESHWARA SAMUDHAYA BHAVANA, BYRAVESHWARANAGARA, DODDABIDARAKLLU, BENGALURU 560 073. ... PETITIONER (BY SRI H.P.GANGESH GOWDA, ADVOCATE) AND:1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE (FOOD), M.S.BUILDING, DR B.R.AMBEDKAR ROAD, BENGALURU 560 001.2. THE COMMISSIONER DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU 560 052. 23. THE ADDITIONAL DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGLAURU 560 052.4. THE DEPUTY DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, WEST RANGE, NO.338/A, SAHAKARI BUILDING, 57TH D CROSS, III BLOCK, RAJAJINAGARA, BENGALURU 560 010.5. M/S RAJAJINAGAR SASTHAS WOMENS ASSOCIATIO...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8714 OF2022(Arising Out of SLP (CIVIL) NO.18607 OF2004 KARNATAKA POWER TRANSMISSION CORPORATION LIMITED ...APPELLANT(S) VERSUS JSW ENERGY LIMITED (EARLIER KNOWN AS JINDAL THERMAL POWER COMPANY LIMITED & JINDAL TRACTABEL POWER COMPANY LIMITED) & ORS. ...RESPONDENT(S) With CIVIL APPEAL NO.8715 OF2022(Arising Out of SLP (CIVIL) NO.23793 OF2004 KARNATAKA ELECTRICITY REGULATORY COMMISSION ...APPELLANT(S) VERSUS JINDAL THERMAL POWER COMPANY LIMITED & OTHERS ...RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. Leave granted. Being connected, the appeals are being disposed of by a common judgment. 12. The appellant, in appeal arising out of SLP (C) No.18607/04, is the Karnataka Power Transmission Corporation Limited and hereinafter referred to as the appellant.3. By the impugned judgment, the High Court has allowed Miscellaneous First Appeal No.4795 of 2002 filed by the first respondent herein, viz., JSW Energy Ltd., ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 82618262 OF2022(Arising out of S.L.P. (Civil) Nos.3084930850 of 2018) RAVI NAMBOOTHIRI ...APPELLANT(S) Versus K.A. BAIJU & ORS. ...RESPONDENT(S) JUDGMENT V. RAMASUBRAMANIAN, J.Leave granted.2. Aggrieved by the Judgment passed by the High Court of Kerala, confirming an order passed by the Additional District Judge setting aside his election as Councilor of Ward No.5 of Annamanada Gram Panchayath, in the elections held in November2015, the elected candidate has come up with the above appeals.3. We have heard the learned counsel for the respective parties.4. The brief facts essential for the disposal of the above appeals are as follows: (i) On 5112015, elections to the Annamanada Gram 1 Panchayath were held. Apart from others, the appellant and respondent No.1 contested from Ward No.5. (ii) On 7.11.2015, the appellant was declared as having been elected from Ward No.5. (iii) Respondent No.1 filed an El...
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- 1 - WP No.362 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF OCTOBER, 2022 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION No.362 OF2021(L-PF) BETWEEN: M/S EXPRESS PUBLICATIONS (MADURAI) PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT NO.1, QUEENS ROAD BANGALORE-560001 REPRESENTED BY SENIOR GENERAL MANAGER MR. P. SURESH KUMAR ...PETITIONER (BY SRI. ASHOK HARANAHALLI, SR. COUNSEL A/W SRI. MANMOHAN P.N., ADVOCATE) AND:1. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA RAJA INDUSTRIAL ESTATE YESHWANTHPUR BENGALURU-560 022 2. THE REGIONAL PROVISION FUND COMMISSIONER EMPLOYEE'S PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAWAN, NO.13 RAJA RAM MOHAN ROY ROAD BENGALURU-560 025 3. MR. NAGESH POLLALI S/O MR. KANTHAPPA POOJARI MAJOR R/AT2181, YOGYA MANE KARIYANGALA VILLAGE - 2 - WP No.362 of 2021 BANTWAL TALUK, POST POLALI DAKSHINA KANNADA DISTRICT-574 219 RESPONDENTS (BY SRI. H. SHANTI BHUSHAN, ASG...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7812-7814 OF2022(Arising out of SLP (C) Nos. 31288-31290 of 2011) MAHARASHTRA STATE BOARD OF WAKFS Appellant (s) VERSUS SHAIKH YUSUF BHAI CHAWLA & ORS. Respondent(s) WITH CIVIL APPEAL No.7930 OF2022(Arising out of SLP(C) No.12296 of 2013) CIVIL APPEAL No.7929 OF2022(Arising out of SLP(C) No.12295 of 2013) CIVIL APPEAL No.7928 OF2022(Arising out of SLP(C) No.12291 of 2013) CIVIL APPEAL No.7927 OF2022(Arising out of SLP(C) No.12293 of 2013) CIVIL APPEAL No.7926 OF2022(Arising out of SLP(C) No.12290 of 2013) CIVIL APPEAL No.7925 OF2022(Arising out of SLP(C) No.12288 of 2013) CIVIL APPEAL No.7924 OF2022(Arising out of SLP(C) No.35198 of 2011) CIVIL APPEAL No.7923 OF2022(Arising out of SLP(C) No.35196 of 2011) 1 CIVIL APPEAL No.7922 OF2022(Arising out of SLP(C) No.32636 of 2011) CIVIL APPEAL No.7921 OF2022(Arising out of SLP(C) No.16915 of 2012) CIVIL APPEAL NOS. 7914 - 7920 OF2022(Arising out of SLP(C) ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6588 OF2015Kerala Land Reforms & Development Co-operative Society Limited Appellant Versus The District Registrar (General) & Another Respondents WITH CIVIL APPEAL No.6830 OF2022CIVIL APPEAL NOS.6831-6832 OF2022CIVIL APPEAL No.6833 OF2022CIVIL APPEAL NOS.6834-6836 OF2022CIVIL APPEAL No.6837-6838 OF2022JUDGMENT M.R. SHAH, J.1. As common questions of law and facts arise in this group of appeals, all these appeals are decided and disposed of together by this common judgment and order. 12. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the Full Bench of the High Court of Kerala at Ernakulam, by which the Full Bench of the High Court has held that, i) the benefit of remission of stamp duty is available only in respect of instruments executed by or on behalf of a society or by an officer or member thereof and instrument so executed should be relating to the business ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6778 6780 OF2022Bharat Petroleum Corporation Ltd. (BPCL) & Ors. ...Appellant(s) Versus Nisar Ahmed Ganai & Ors. Respondent(s) With CIVIL APPEAL NOS. 6781 6783 OF2022JUDGMENT M.R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 06.10.2021 passed by the High Court of Jammu & Kashmir and Ladakh, at Jammu in respective writ petitions preferred by the private respondents herein original petitioners whereby the appellants herein original respondents have been directed to determine the compensation of the acquired lands in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act, 2013), the appellants herein 2 original respondents have preferred present appeals.2. The facts leading to the present appeals in a nutshell are as under...
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