Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3504 OF2022(Arising out of SLP (C)No.13668 of 2015) OMKAR SINHA & ANR. Appellant(s) VERSUS SAHADAT KHAN & ORS. Respondent(s) WITH CIVIL APPEAL No.3505 OF2022(Arising out of SLP (C)No.13684 of 2015) JUDGMENT K. M. JOSEPH, J.(1) Leave granted. (2) Both the appeals raise common questions. We take civil appeal arising from SLP (C)No.13668 of 2015 as the leading case. (3) Respondent No.1 was appointed as a Forest Guard on 03.05.1980. He completed his training as Forest Guard in the year 1987. Appellant No.1 came to be appointed as Forest Guard on 15.11.2007. The second appellant was also appointed as Forest Guard on the same day. The appellants were originally part of undivided State of Madhya Pradesh. 1 CA No.3504/ 2022 etc. Upon the enactment of the State Reorganisation Act, 2000, a new State viz., State of Chhattisgarh was born on 01.11.2000. While the State of Madhya Pradesh was undivided, State of Mad...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2022(Arising out of Special Leave Petition (Civil) No.18890 of 2021) AKHILESH PRASAD Appellant versus JHARKHAND PUBLIC SERVICE COMMISSION AND ORS. Respondents JUDGMENT Uday Umesh Lalit, J.1. Leave granted.2. This appeal challenges the judgment and final order dated 12.05.2021 passed by the Division Bench of High Court1 in LPA No.609 of 2017.3. In the Graduate Level (Special) Competitive Examination held in the year 1994 for filling up the posts of Cooperative Development Officers, the then Bihar Public Service Commission vide letter dated 24.07.1995 1 High Court of Jharkhand at Ranchi. 2 recommended the name of the appellant, who was at serial No.98 in the merit list, under Scheduled Tribe (ST, for short) category. The claim that the appellant belonged to ST category (Gond) was supported by a Certificate issued to that effect on 03.06.1995 by the Scrutiny Officer, Sonpur (Saran) which place now fa...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6990 OF2014THE STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT OF HARYANA ..APPELLANT(S) VERSUS JAI SINGH & ORS. ..RESPONDENT(S) WITH CIVIL APPEAL NOS. 6610-6612 OF2016CIVIL APPEAL No.6992 OF2014CIVIL APPEAL No.6991 OF2014CIVIL APPEAL No.6997 OF2014CIVIL APPEAL No.7001 OF2014CIVIL APPEAL No.4435 OF2015CIVIL APPEAL No.1679 OF2022(ARISING OUT OF SLP (CIVIL) No.28528 OF2017 CIVIL APPEAL No.1678 OF2022(ARISING OUT OF SLP (CIVIL) No.1072 OF2018 CIVIL APPEAL No.1675 OF2022(ARISING OUT OF SLP (CIVIL) No.4062 OF2019 CIVIL APPEAL No.1677 OF2022(ARISING OUT OF SLP (CIVIL) 3562 OF2022 (DIARY No.7418 OF2020 AND1CIVIL APPEAL No.1680 OF2022(ARISING OUT OF SLP (CIVIL) No.3557 OF2022 (DIARY No.14965 OF2018 JUDGMENT HEMANT GUPTA, J.CIVIL APPEAL No.6990 OF2014 CIVIL APPEAL NOS. 6610- 6612 OF2016 CIVIL APPEAL No.6992 OF2014 CIVIL APPEAL No.6991 OF2014 CIVIL APPEAL No.6997 OF2014 CIVIL APPEAL No.7001 OF2014 CIVIL APPEAL...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOOF2022(@ S.L.P. (CIVIL) NO.30240 OF2019 NKGSB COOPERATIVE BANK LIMITED APPELLANT VERSUS SUBIR CHAKRAVARTY & ORS. RESPONDENTS WITH CIVIL APPEAL NOOF2022(@ S.L.P. (CIVIL) NO.2055 OF2020 CIVIL APPEAL NOOF2022(@ S.L.P. (CIVIL) NOOF2022 (@ DIARY NO.17059 OF2020 CIVIL APPEAL NOOF2022(@ S.L.P. (CIVIL) NOOF2022 (@ DIARY NO.23733 OF2020 AND S.L.P. (CIVIL) NO.12011 OF2020JUDGMENT A.M. KHANWILKAR, J.1. The seminal question involved in these cases is: whether it is 1 open to the District Magistrate or the Chief Metropolitan 2 Magistrate to appoint an advocate and authorise him/her to take 1 for short, DM 2 for short, CMM 2 possession of the secured assets and documents relating thereto and to forward the same to the secured creditor within the meaning of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20023?.2. The High Court of Judicature at ...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos._1498-1500 of 2022 (Arising out of SLP (Civil) Nos.9564-9566 of 2020) Muhammed A.A. & Ors. .... Appellant(s) Versus State of Kerala & Ors. . Respondent(s) W I T H Civil Appeal No.1501 of 2022 (Arising out of SLP (Civil) No.9760 of 2020) Civil Appeal No.1502 of 2022 (Arising out of SLP (Civil) No.10226 of 2020) JUDGMENT L. NAGESWARA RAO, J.Leave granted.1. Writ Petition (Civil) No.6723/ 2019 (M) was filed in the High Court of Kerala for a declaration that Regulation 116 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (for short the Safety Regulations) is ultra vires the regulation making power of the Central Electricity Page 1 of 37 Authority under the Electricity Act, 2003 (for short the Electricity Act) and, therefore, void. The Petitioner- therein also sought for a declaration that the State of Kerala has no power to allow deviation under...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10770 OF2016STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) .....APPELLANT(S) VERSUS A.P. STATE WAKF BOARD & ORS. .....RESPONDENT(S) W I T H CIVIL APPEAL No.10738 OF2016CIVIL APPEAL No.10768 OF2016CIVIL APPEAL No.10769 OF2016CIVIL APPEAL No.10773 OF2016CIVIL APPEAL No.10775 OF2016CIVIL APPEAL NOS. 10776-10777 OF2016CIVIL APPEAL No.10771 OF2016CIVIL APPEAL No.10772 OF2016AND CIVIL APPEAL No.10774 OF2016JUDGMENT HEMANT GUPTA, J.1 CIVIL APPEAL NOS. 10770 OF2016 10738 OF2016 10768 OF2016 10769 OF2016 10773 OF2016 10775 OF2016AND1077610777 OF20161. The present appeals are directed against an order passed by the High Court of Judicature at Andhra Pradesh on 3.4.20121 whereby the writ petitions challenging the Errata Notification dated 13.3.2006, published in the Official Gazette of the State of Andhra Pradesh on 6.4.2006 on behalf of Andhra Pradesh Wakf Board2, were dismissed. The said notification reads t...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 2839 of 2020 M/s Consolidated Construction Consortium Limited Appellant Versus M/s Hitro Energy Solutions Private Limited Respondent 1 JUDGMENT Dr Justice Dhananjaya Y Chandrachud, J This judgement has been divided into the following sections to facilitate analysis: A The Appeal B Factual Background C Submissions of counsel D Whether the appellant is an operational creditor D.1 Statutory Provisions D.2 Legislative History D.3 Judicial Precedent D.4 Analysis E Evidentiary value of respondents MOA F Whether the application under Section 9 is barred by limitation G Conclusion 2 PART A A The Appeal 1 The present appeal under Section 62 of the Insolvency and Bankruptcy Code 1 2016 arises from a judgment and order dated 12 December 2019 of the National 2 Company Law Appellate Tribunal by which it reversed the decision of the National 3 Company Law Tribunal, Chennai dated 6 December 2018. 2 By its judgment a...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1844 OF2020SOUTHERN POWER DISTRIBUTION POWER COMPANY LIMITED OF ANDHRA PRADESH (APSPDCL) & ANR. ...APPELLANT(S) VERSUS M/S HINDUJA NATIONAL POWER CORPORATION LIMITED & ANR. .... RESPONDENT(S) JUDGMENT B.R. GAVAI, J.1. The present appeal filed by the appellants Distribution Companies (hereinafter referred to as the appellants DISCOMS) challenges the judgment and order dated 7th January, 2020, passed by the Appellate Tribunal for Electricity, New Delhi (hereinafter referred to as the APTEL) in Appeal No.41 of 2018, thereby allowing the appeal filed by the respondent No.1 M/s Hinduja National Power 2 Corporation Limited (hereinafter referred to as HNPCL). By the impugned judgment and order, the APTEL has directed the Andhra Pradesh Electricity Regulatory Commission (hereinafter referred to as the State Commission) to dispose of O.P. No.21 of 2015 filed by HNPCL for determination of capital cost and ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8411 OF2019BANK OF BARODA & ANR. APPELLANT(S) VERSUS MBL INFRASTRUCTURES LIMITED & ORS. RESPONDENT(S) JUDGMENT M.M. SUNDRESH, J.1. A judicial interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code), as amended by the Act 26 of 2018 is sought from us.2. We have heard Shri. Tushar Mehta, learned Solicitor General and Mr. Bishwajit Dubey, learned counsel appearing for the Appe1llant, and Shri. Ranjit Kumar and Shri. Parag P. Tripathi, learned senior counsels on behalf of Respondent Nos. 1 and 3, respectively. Perused the documents filed by both sides, and additionally, we had the benefit of going through the written arguments placed on record. 1 A BRIEF JOURNEY:3. M/s. MBL Infrastructures Limited (Respondent No.1) was set up by one, Mr. Anjanee Kumar Lakhotiya (Respondent No.3) in the early 1990s. Loans/ credit facilities were obtained by the Res...
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1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE3D DAY OF JANUARY, 2022 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.20092 OF2021GM-RES) BETWEEN:1. SRI. ANISH MOHAMMED RAWTHER, S/O LATE SYED MOHAMMED RAWTHER, AGED ABOUT40YEARS, RESIDING AT NO.1001, T7A WING, GODREJ WOODSMAN ESTATE, HEBBAL, KEMPAPURA, BANGALORE 560 102.2. MRS. S M SHAREENA, W/O SHAKEER MERAN, AGED ABOUT34YEARS, RESIDING AT NO.390, 23RD CROSS, 7TH SECTOR, HSR LAYOUT, NEW MANGANA PALYA, BANGALORE 560 102.3. MRS. FATHIMA NAZIA RAWTHER, W/O ANISH MOHAMMED RAWTHER, AGED ABOUT36YEARS, RESIDING AT NO.1001, T7A WING, GODREJ WOODSMAN ESTATE, HEBBAL, KEMPAPURA, BANGALORE 560 102.4. SMT. SHEENA SYED, AGED ABOUT37YEARS, W/O MOHAMMED IRFAN, NO.38, 3RD MAIN, 3RD CROSS, DOLLARS COLONY, RMB II STAGE, BANGALORE 560 094.5. SMT.T.S. HAZEENA, W/O LATE SYED MOHAMMED RAWTHER, AGED ABOUT62YEARS, RESIDING AT NO.1001, T7A WING, GODREJ WOODSMAN ESTATE, HEBBAL, KEMPAPURA, BANGALORE 560 102. 26. M/S RAWTHER PLAN...
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