Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.20978 of 2017 JK JUTE MILL MAZDOOR MORCHA APPELLANT VERSUS JUGGILAL KAMLAPAT JUTE MILLS COMPANY LTD. THROUGH ITS DIRECTOR & ORS. RESPONDENTS JUDGMENT R.F. NARIMAN, J.1. The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolvency and Bankruptcy Code, 2016 [Code].. The facts of the present case reveal a long-drawn saga of a jute mill being closed and reopened several times until finally, it has been closed for good on 07.03.2014. Proceedings were pending under the Sick Industrial Companies (Special Provisions) Act, 1985. On 14.03.2017, the appellant issued a demand notice on behalf of 1 roughly 3000 workers under Section 8 of the Code for outstanding dues of workers. This was replied to by respondent No.1 on 31.03.2017. The National Company Law Tribunal [NCLT]., on 28.04.2017, after describing all the anteceden...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4476 OF2019(Arising out of Special Leave Petition (Civil) No.4210 of 2018) 63 MOONS TECHNOLOGIES LTD. (FORMERLY KNOWN AS FINANCIAL TECHNOLOGIES INDIA LTD.) & ORS. APPELLANT VERSUS UNION OF INDIA & ORS. RESPONDENT CIVIL APPEAL No.4478 OF2019(Arising out of Special Leave Petition (Civil) No.4652 of 2018) CIVIL APPEAL No.4477 OF2019(Arising out of Special Leave Petition (Civil) No.4239 of 2018) CIVIL APPEAL No.4479 OF2019(Arising out of Special Leave Petition (Civil) No.4659 of 2018) CIVIL APPEAL No.4481 OF2019(Arising out of Special Leave Petition (Civil) No.4816 of 2018) WITH WITH WITH WITH WITH CIVIL APPEAL No.4480 OF2019(Arising out of Special Leave Petition (Civil) No.4720 of 2018) WRIT PETITION (CIVIL) NO.368 OF2019WITH1JUDGMENT R.F. NARIMAN, J.1.2. Leave granted. This batch of appeals and writ petition raises questions as to the applicability and construction of Section 396 of the Companies Act,...
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1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.903 OF2018POONAM BAI APPELLANT Versus THE STATE OF CHHATTISGARH RESPONDENT JUDGMENT MOHAN M. SHANTANAGOUDAR, J.1. This appeal calls into question the judgment dated 06.04.2018 passed by the High Court of Chhattisgarh at Bilaspur in ACQA No.205 of 2010, by which the judgment of the trial court was set aside and the appellant was convicted under Section 302 of the Indian Penal Code (in short, the IPC) for committing the murder of the deceased Vimla Bai and sentenced to undergo rigorous imprisonment for life and to a fine of Rs.500/. 2 2. The case of the prosecution in brief is as follows: The deceased Vimla Bai was the wife of Pilaram Sahu (P.W. 3). The appellant Poonam Bai is the daughter of Balaram, P.W. 3s brother, and thus the niece of the deceased. On the date of the incident, i.e. 01.11.2001, around noon, the appellant Poonam Bai came to the house of the deceased when she was alone, q...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.763 of 2019 (arising out of SLP (Crl.) No.9312/2014) KALABAI ...APPELLANT(S) VERSUS STATE OF MADHYA PRADESH ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.This appeal has been filed by the appellant against the judgment and order of the High Court of Madhya Pradesh, Bench at Indore dated 25.03.2014 by which Criminal Appeal filed by the appellant questioning her conviction and sentence under Section 302 IPC has been dismissed.2. The prosecution case in brief is: Deceased, Smt. Lalita Bai was wife of Vijay Singh. The appellant is sister-in-law of the deceased. On 20.08.1999 in the late evening a quarrel was going on 2 between Lalita Bai and her husband, Vijay Singh. The appellant who lives on the ground floor came on the first floor where Lalita Bai was boiling milk on battiwala stove. Appellant threw the burning stove on the deceased due to which clothes of deceased caught fire and serious burn inju...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3873 OF2010THE STATE OF RAJASTHAN .. APPELLANT(S) VERSUS NEMI CHAND MAHELA AND OTHERS .. RESPONDENT(S) W I T H (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.4562 OF2012 CIVIL APPEAL No.4491 OF2019JUDGMENT Sanjiv Khanna, J.Leave granted in Special Leave Petition (Civil) No.4562 of 2012.2. Predicament of candidates consequent to conflicting opinions in different decisions of the High Court on true and correct interpretation of principle of prospective overruling as directed in Kailash Chand Sharma vs. State of Rajasthan and Ors.1 is the cause of this agonising and festering litigation since 1999. This scarecrow of a litigation, to use the words of Charles Dickens, in 1 (2002) 6 SCC562Civil Appeal No.3873 of 2010 & Anr. Page 1 of 15 course of time, [has]. become so complicated that no man alive knows what it means. 3. Award of bonus marks to candidates seeking appointment to the post of Primary Schoo...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.744 OF2019(arising out of SLP(CRL.) No.11070 of 2018) S.K. MIGLANI .... APPELLANT(S) VERSUS STATE NCT OF DELHI .... RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the judgment of Delhi High Court dated 06.08.2018 dismissing the application filed by the appellant under Section 482 Cr.P.C. praying for setting aside the order dated 03.12.2014 and 13.12.2014 passed by Chief Metropolitan Magistrate, Saket Court, New Delhi and further to quash the F.I.R. No.432 of 2000 under Sections 201, 409, 419, 420, 467, 468, 471, 120-B I.P.C. and the charge sheet. 2 2. The brief facts of the case necessary to be noted are:- 2.1 The appellant has been working at the relevant time as Manager in Bank of Baroda, Faridabad Branch. Mr. Anant Chatterjee, Director, Housing gave written complaint dated 14.11.2000. On said basis a FIR No.432 of 2000 dated 15.11.2000 was lodged at PS Kotla Muba...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.594 of 2019 (arising out of SLP (Crl.) No.8103/2018) RASHMI CHOPRA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) WITH CRIMINAL APPEAL NO.598 of 2019 (arising out of SLP (Crl.) No.8050/2018) ANITA GANDHI ...APPELLANT(S) THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) VERSUS WITH CRIMINAL APPEAL NO.599 of 2019 (arising out of SLP (Crl.) No.8052/2018) NAYAN CHOPRA THROUGH POA HOLDER RAJESH CHOPRA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) 1 WITH CRIMINAL APPEAL NO.597 of 2019 (arising out of SLP (Crl.) No.8042/2018) AMIT CHOPRA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) WITH CRIMINAL APPEAL NO.596 of 2019 (arising out of SLP (Crl.) No.8041/2018) KULDEEP GANDHI ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) AND CRIMINAL APPEAL NO.595 of 2019 (arising out of SLP (Crl.) No.8039/2018)...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.770 OF2019(Arising out of SLP (CRL.) No.6695 OF2018 GOVIND SINGH ...Appellant VERSUS THE STATE OF CHHATTISGARH ...Respondent JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal arises out of judgment and order dated 11.04.2013 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.587 of 2008 in and by which the High Court has affirmed the conviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed upon the appellant.3. Case of prosecution is that on 23.05.2007 at 07.30 PM, deceased Lalita was sitting in her room along with her friend Dev 1 Kumari (PW-1); while her mother Indra Kunwar (PW-2) was cooking food inside the house. At that time, the appellant-father of the deceased came to her room and took out the bulb saying that he wanted to connect the same in the courtyard. When deceased asked her father Govind Singh not to do so, he disconnec...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1990 OF2012SADAYAPPAN @ GANESAN APPELLANT VERSUS STATE, REPRESENTED BY INSPECTOR OF POLICE RESPONDENT N.V. RAMANA, J.JUDGMENT1 This appeal is directed against the Judgment dated 13th December, 2011 passed by the High Court of Judicature at Madras in Criminal Appeal No.346 of 2011 whereby the Division Bench of the High Court dismissed the appeal preferred by the appellant herein and upheld his conviction and sentence passed by the Trial Court for the offence punishable under Section 302 read with Section 34, IPC.2. Prosecution case in brief is that Selvam @ Thangaraj (deceased), Karuppusamy (A1) and Sadayappan @ Ganesan (A2/appellant herein) were neighbouring 1 agricultural land owners in the village of Kandavayal who used to go together for hunting of rabbits in the nearby forest area. Around 15 years prior to the incident, the deceased Thangaraj had negotiated to buy some agricultural land f...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 539540 OF2008JAGDISHRAJ KHATTA APPELLANT VERSUS STATE OF HIMACHAL PRADESH RESPONDENT JUDGMENT N.V. RAMANA, J.1. These appeals are directed against judgment and order dated 09.01.2008 and 27.02.2008, passed by the Division Bench of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.356 of 1993, whereby the appeal preferred by the State of Himachal Pradesh was allowed, and the judgment and order dated 03.04.1993 passed by the Additional Sessions Judge, Kangra, Dharamshala, Himachal Pradesh, acquitting the appellantaccused for offences under Sections 498A and 306 of the IPC, and Section 30 of the Indian Arms Act, was set aside.2. The case of the prosecution in brief is that the appellant, who 1 was posted as the Forest Range Officer at Jawalamukhi, at the relevant time, was residing with the deceased (his wife) and two minor children. On 07.01.1990, at about 10 a.m., within s...
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