Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION CONTEMPT PETITION (CIVIL) D.No.28852 of 2020 Y. Sai Satya Prasad & Ors. Petitioner(s) Versus D. Prabhakara Rao & Ors. Respondent(s) JUDGMENT M. R. Shah, J.1.0. Present contempt petition has been preferred by the 84 petitioners erstwhile employees of the Andhra Pradesh Power Utilities alleging deliberate and willful disobedience of the judgment and order passed by this Court dated 7.12.2020 in MA No.1270 of 2020 in Civil Appeal No.11435 of 2018 and other allied Miscellaneous Applications in the case of Telangana Page 1 of 54 Power Generation Corporation Limited vs. Andhra Pradesh Power Generation Corporation Limited reported in 2020 SCC Online SC995noncompliance alleged against the Telangana Power Utilities (hereinafter referred to as the TS Power Utilities). 2.0. Shri Huzefa Aziz Ahmadi learned Senior Advocate has appeared on behalf of the applicants, Shri Ranjit Kumar and Shri V Giri, learned Senior Advocates have appeare...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) No.735 OF2014HARBHAJAN SINGH .....APPELLANT(S) VERSUS STATE OF HARYANA & ORS. .....RESPONDENT(S) W I T H WRIT PETITION (CIVIL) No.1116 OF2019A N D CIVIL APPEAL No.6614 OF2022(ARISING OUT OF SLP (CIVIL) No.4733 OF2022 JUDGMENT HEMANT GUPTA, J.WRIT PETITION (CIVIL) No.735 OF2014AND WRIT PETITION (CIVIL) No.1116 OF20191. The above writ petitions are preferred challenging the Haryana Sikh Gurdwara (Management) Act, 20141, creating a separate juristic entity for the management of historical Gurdwaras in the State of Haryana mentioned in Schedule I; Gurdwaras having income of more than Rs.20 1 For short, the Haryana Act 1 lakhs in Schedule II and the Gurdwaras having income of less than Rs.20 lakhs in Schedule III.2. The Statement of Objects and Reasons of the Haryana Sikh Gurdwara Management Bill, 2014 (Bill No.28-III A of 2014) provides that the Bill is an earnest effort to provide a legal ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PEITTION (C) NOS. 156566 OF2021 THE STATE OF TELANGANA & ANR. ......PETITIONERS VERSUS B. SUBBA RAYUDU AND OTHERS ....RESPONDENTS JUDGMENT INDIRA BANERJEE J.These Special Leave Petitions are against a final judgment and order dated 8th December 2020 whereby the High Court for the State of Telangana and for the State of Andhra Pradesh at Hyderabad, allowed the Writ Petitions filed by the Respondent No.1 being Writ Petition (TR.) No.5482 of 2017 and Writ Petition No.24820 of 2017, set aside an order being F. No.29/01/2016SR(S) dated 14th January 2016 of the Ministry of Personnel, PG and Pensions and directed the Ministry of Personnel, PG and Pensions to allocate the Respondent to the State of Telangana with effect from 14th January 2016. The State of Telangana was directed to give a 1 posting to the Respondent in the cadre of Joint DirectorClass A in the Animal Husbandry Department of the State of Telanga...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9286 OF2019K. PARAMASIVAM ..Appellant (s) Versus THE KARUR VYSYA BANK LTD. & ANR. ..Respondent (s) JUDGMENT Indira Banerjee, J.This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, hereinafter referred to as the IBC, is against a final judgment and order dated 18th November 2019, passed by the National Company Law Appellate Tribunal (NCLAT) dismissing the Company Appeal (AT) (Insolvency) No.538 of 2019, against an order dated 8th April 2019 passed by the Adjudicating Authority, admitting the application filed by the Respondent No.1 being CP/1314/IB/2018 under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Maharaja 1 Theme Parks and Resorts Private Limited, hereinafter referred to as Maharaja Theme Parks and Resorts.2. The Appellant is the promoter, shareholder and suspended/ discharged director of Maharaja The...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7667 of 2021 SUNDARESH BHATT, LIQUIDATOR OF ABG SHIPYARD APPELLANT(S) VERSUS CENTRAL BOARD OF INDIRECT RESPONDENT(S) TAXES AND CUSTOMS JUDGMENT N.V. RAMANA , CJI1The present Civil Appeal under Section 62(1) of the Insolvency and Bankruptcy Code, 2016 (IBC) arises out of the impugned judgment dated 22.11.2021 passed by the National Company Law Appellate Tribunal, New Delhi (NCLAT) in Company Appeal (AT) (Insolvency) No.236 of 2021. Vide the impugned judgment, the NCLAT has allowed the appeal filed by the respondent against the order of the National Company Law Tribunal, Ahmedabad (NCLT) /Adjudicating Authority whereby the Adjudicating Authority directed the release of certain goods lying in the Customs Bonded Warehouses without payment of custom duty 1 and other levies. 2 A conspectus of the facts necessary for the disposal of the present appeal is as follows: ABG Shipyard (Corporate Debtor) was in the...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5237 OF2022[ARISING OUT OF S.L.P. (C) No.14118 of 2022]. [DIARY NO.2738 OF2020 NET RAM YADAV Appellant (s) VERSUS THE STATE OF RAJASTHAN & ORS. .Respondent (s) JUDGMENT Indira Banerjee, J.Leave granted.2. This appeal filed by the Appellant is against a judgment and order dated 28th February 2018 passed by a Division Bench of the Jaipur Bench of the High Court of Judicature for Rajasthan, dismissing the D.B. Special Appeal Writ No.2027 of 2017 and affirming an order dated 13th December 2017 passed by a Single Bench, whereby the Single Bench had dismissed a Writ Petition being W.P. (C) No.7392 of 2017 filed by the Appellant, challenging his downgradation in seniority. 13. The Appellant, a handicapped candidate of the OBC category with the educational qualifications B.A., B.Ed, was selected Senior Teacher under the Education Department of the Government of Rajasthan, through a direct competitive examinat...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2393 of 2022 ARMED FORCES EX OFFICERS MULTI SERVICES COOPERATIVE SOCIETY LTD. ...APPELLANT(S) VERSUS RASHTRIYA MAZDOOR SANGH (INTUC) RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA J.1. The Appellant is a cooperative society run by ex-officers of the three defence forces, engaged in the business of providing support services such as transportation, house-keeping and security services to companies and Government establishments. Respondent is a labour union affiliated with the Indian National Trade Union Congress, representing the drivers formerly employed by the Appellant.2. Fifty-five drivers who are members of the Respondent Union were employed by the Appellant from 1998 through a settlement for pay and allowances. As the settlement expired on 30.06.2004, fresh negotiations between the employer and the employees commenced but did not result in any easy settlement due to claims for pay hike and dem...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4633 OF2021VIDARBHA INDUSTRIES POWER LIMITED .. Appellant versus AXIS BANK LIMITED .. Respondent JUDGMENT Indira Banerjee, J.This appeal under Section 62 of the Insolvency and Bankruptcy Code 2016, hereinafter referred to as the IBC, is against a judgment and order dated 2nd March 2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi in Company Appeal (AT) (Insolvency) No.117 of 2021 whereby the learned Tribunal refused to stay the proceedings initiated by the Respondent, Axis Bank Limited against the Appellant for initiation of the Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC.2. The Appellant is a Generating Company within the meaning of Section 2(28) of the Electricity Act, 2003 and has set up a 600 MW1Coal-fired Thermal Power Plant comprising of two units each of 300 MW capacity, within the Butibori Industrial Area in the Nagpur District in Mahar...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION/ CRIMINAL ORIGINAL JURISDICTION CIVIL APPEAL No.5233 0F2012NEDUMPILLI FINANCE COMPANY LIMITED APPELLANT(S) VERSUS STATE OF KERALA & ORS. RESPONDENT(S) WITH CIVIL APPEAL No.5230 OF2012CIVIL APPEAL No.5190 OF2012CIVIL APPEAL No.5191 OF2012CIVIL APPEAL No.5184 OF2012CIVIL APPEAL No.5241 OF2012CIVIL APPEAL No.5185 OF2012CIVIL APPEAL No.5111 OF2012CIVIL APPEAL No.5188 OF2012CIVIL APPEAL No.5187 OF20121 CIVIL APPEAL No.5183 OF2012CIVIL APPEAL No.5113 OF2012CIVIL APPEAL NO.3857 OF2022(@Special Leave Petition (Civil) No.8331 of 2015) TRANSFER PETITION (CRL.) No.359 OF2015CIVIL APPEAL No.5186 OF2012CIVIL APPEAL No.5192 OF2012CIVIL APPEAL No.5189 OF2012CIVIL APPEAL No.5112 OF2012CIVIL APPEAL No.5232 OF2012CIVIL APPEAL No.5231 OF2012CIVIL APPEAL No.5234 OF2012CIVIL APPEAL No.5237 OF2012CIVIL APPEAL No.5238 OF2012CIVIL APPEAL No.5315 OF2012CIVIL APPEAL NOS. 1878618787 OF2017CIVIL APPEAL No.1324 OF2015CIVIL APPEAL No.7836 OF201...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.937 OF2022(Arising out of SLP(Crl.)No.2426 OF2022 Bhola Kumhar Appellant VERSUS State Of Chhattisgarh Respondents JUDGMENT C.T.RAVIKUMAR, J.This Special Leave Petition is filed assailing the judgment and order dated 19.7.2018 of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.110/2015 whereby and whereunder the conviction of the petitioner under Section 376 of the Indian Penal Code (for short IPC) was confirmed, but the sentence therefor, was reduced from 12 years to 7 years of rigorous imprisonment. Notice was issued on 04.03.2022. However, the said order and the subsequent order dated 21.03.2022 would reveal that it was, in troth, a limited one. 2 Leave Granted, accordingly. A short prelude may be profitable for a proper consideration of the limited question (which we intend to go into) viz., whether the appellant is entitled to compensation for being kept in prison beyond t...
Tag this Judgment!