Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.903 OF2011STATE OF KERALA & ANR. ...APPELLANT(S) VERSUS M/S POPULAR ESTATES (NOW DISSOLVED) & ANR. ...RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. This appeal by special leave challenges a judgment of the Kerala High Court1, which allowed an appeal preferred by the respondent (hereafter called Popular Estates) and held that an area of slightly over 402 acres (i.e., 100 hectares and 155.90 acres) vested in the State of Kerala (hereafter the state), and the rest of the land (of a total 1534.40 acres) had to be treated as plantation, and thus, belonged to the said respondent.2. Popular Estates became owners of 1534.40 acres of land. Those lands were acquired by sale, by M/s Popular Automobiles, a registered firm, through four registered deeds executed in 1963. These lands fell to Popular Estates share upon partition of the firms assets. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (he...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF SEPTEMBER, 2021 PRESENT THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.8926/2021 (GM-R/C-PIL) BETWEEN1. P LATHAVYA ACHARYA SECRETARY AND MANAGING TRUSTEE SRI SHIROOR MUTT BHAKTHASAMITHI S/O LATE VITTALACHARYA, AGED54YEARS, R/AT "LAXMIVITTALA" VIDWAAN VITTALACHARYA MARG VOLAKADU UDUPI-576 101. 2 . P.SRINIVASA ACHARYA JOINT SECRETARY, SRI SHIROOR MUTT BHAKTHASAMITHI S/O LATE VITTALACHARYA AGED62YEARS, R/AT "SHRIVASA", BEHIND PPC VOLAKADU UDUPI-576 101. 3 . ARJUN ACHARYA P JOINT TREASURER, SRI SHIROOR MUTT BHAKTHASAMITHI S/O P SRINIVASA ACHARYA, AGED25YEARS, R/AT "SHRIVASA", BEHIND PPC VOLAKADU UDUPI-576 101. 2 2 4 . AKSHOBHYA ACHARYA TREASURER SRI SHIROOR MUTT BHAKTHASAMITHI S/O P LATHAVYA ACHARYA AGED24YEARS, R/AT "LAXMIVITTALA" VIDWAAN VITTALACHARYA MARG, VOLAKADU, UDUPI-576 101. ..PETITIONERS (BY SRI D.R. RAVISHANKAR, ADV., FOR LEX N...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.3224 of 2020 Ebix Singapore Private Limited .... Appellant Versus Committee of Creditors of Educomp .... Respondents Solutions Limited & Anr. With Civil Appeal No.3560 of 2020 Kundan Care Products Limited .... Appellant Versus Mr Amit Gupta and Ors. .... Respondents With Civil Appeal No.295 of 2021 Seroco Lighting Industries Private Limited .... Appellant Versus Ravi Kapoor RP for Arya Filaments .... Respondents Private Limtied & Ors. 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. Further, a Glossary of defined terms which have been used throughout the judgment has also been provided. The sections in the judgment are as follows: Glossary ............................................................................................................ 5 A Civil Appeal No 3224 of 2020 the Ebix Appeal ...................................... 11 A.1...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 4864 OF2021(Arising out of SLP(Civil) No(s). 13473 of 2020) PANKAJ KUMAR .APPELLANT(S) VERSUS STATE OF JHARKHAND & ORS. .RESPONDENT(S) WITH CIVIL APPEAL NO(S). 4865-4870 OF2021(Arising out of SLP(Civil) No(s). 3610-3615 of 2021) JUDGMENT Rastogi, J.1. Leave granted.2. The instant batch of appeals have been preferred assailing the judgment and Order passed by the High court of Jharkhand dated 24thFebruary, 2020 by three Judges with majority of 2:1. 13. The brief narration of facts for proper appreciation of the controversy relevant for the purpose are as under.4. In Civil Appeal @ SLP(Civil) No.13473 of 2020, the appellants father originally belonged to District Patna in the State of Bihar but as alleged, the appellant was born on 27th November, 1974 in Hazaribagh where his father was residing which earlier was part of the unified State of Bihar but after the Bihar Reorganisation Act, 2000(hereinaf...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 676 of 2021 Pratap Technocrats (P) Ltd. & Ors. ...Appellants Versus Monitoring Committee of Reliance Infratel Limited & Anr. ...Respondents 1 JUDGMENT Dr Justice Dhananjaya Y Chandrachud, J Index A The Appeal B Corporate Resolution Insolvency Process C Approval of Resolution Plan D Challenge before Appellate Tribunal E Submissions F Analysis F.1 Clearing the ground F.2 Jurisdiction to approve a Resolution Plan F.3 Exercise of jurisdiction G Conclusion 2 PART A A The Appeal 1 This appeal arises under Section 62 of the Insolvency and Bankruptcy Code1, against a judgment the dated 4 January 2021 of the National Company Law Appellate Tribunal2. Reliance Infratel Limited3 is the corporate debtor. The appellants are operational creditors. By its order dated 3 December 2020, the National Company Law Tribunal, Mumbai4, approved the resolution plan formulated in the course of the insolvency resolution process5...
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