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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2535 of 2020 THOMAS LAWRENCE APPELLANT VERSUS THE STATE OF KERALA & ORS. ...RESPONDENTS JUDGMENT R.F. Nariman, J.1. The present appeal arises out of an order of the National Green Tribunal, Principal Bench, New Delhi, dated 06.11.2019, in which the NGT states: In view of order dated 14.10.2019 in O.A. No.71 of 2019, Sanjeev SJ, President, Environmental Protection and Research Council v. State of Kerala, no separate order is necessary in this matter as the issue raised can be gone into in the course of EIA study in the said matter. The application is disposed of.2. Mrs. Anitha Shenoy, learned senior advocate, appearing on behalf of the appellant/PIL-Petitioner states that the order dated 2 14.10.2010 dealt with a completely different matter, namely, Original Application No.71 of 2019, which was concerned with a challenge to the environmental clearance granted to one Dragon Stone Reality Private Limit...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL N O.3564/2020 [@ SLP [C]. NO.11626/2020]. BALAJI BALIRAM MUPADE & ANR. Appellant(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) JUDGMENT SANJAY KISHAN KAUL, J.Leave granted.1. Judicial discipline requires promptness in delivery of judgments an aspect repeatedly emphasized by this Court. The problem is compounded where the result is known but not the reasons. This deprives any aggrieved party of the opportunity to seek further judicial redressal in the next tier of judicial scrutiny.2. A Constitution Bench of this Court as far back as in the year 1983 in the State of Punjab & Ors. v. Jagdev Singh Talwandi - 1984 (1) SCC596drew the attention of the High Courts to the serious difficulties which were caused on account of a practice which was increasingly being adopted by several High Courts, that of pronouncing the final orders 2 without a reasoned judgment. The relevant paragraph is reproduced a...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Transfer Petition (Civil) No (s).1034 of 2020 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA .... Petitioner(s) Versus LALIT KUMAR JAIN & ORS. . Respondent (s) W I T H Transfer Petition(s)(Civil) No(s). 1043/2020 Transfer Petition(s)(Civil) No(s). 1035/2020 Transfer Petition(s)(Civil) No(s). 1038/2020 Transfer Petition(s)(Civil) No(s). 1044/2020 Transfer Petition(s)(Civil) No(s). 1027/2020 Transfer Petition(s)(Civil) No(s). 1029/2020 Transfer Petition(s)(Civil) No(s). 1036/2020 Transfer Petition(s)(Civil) No(s). 1030/2020 Transfer Petition(s)(Civil) No(s). 1142/2020 Transfer Petition(s)(Civil) No(s). 1147/2020 Transfer Petition(s)(Civil) No(s).1146/2020 Transfer Petition(s)(Civil) No(s).1148/2020 ORDER1 The Insolvency and Bankruptcy Board of India has filed the above Transfer Petitions under Article 139 (A) read with 1 | Pa ge Article 142 of the Constitution of India seeking transfer of the Writ Petitions filed before H...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.152 OF2013TOFAN SINGH Appellant Versus STATE OF TAMIL NADU Respondent WITH CRIMINAL APPEAL No.1750 OF2009CRIMINAL APPEAL No.2214 OF2009CRIMINAL APPEAL No.827 OF2010CRIMINAL APPEAL No.835 OF2011CRIMINAL APPEAL No.836 OF2011CRIMINAL APPEAL No.344 OF2013CRIMINAL APPEAL No.1826 OF2013CRIMINAL APPEAL No.433 OF2014SPECIAL LEAVE PETITION (CRL.) No.6338 OF2015CRIMINAL APPEAL No.77 OF2015CRIMINAL APPEAL No.90 OF2017CRIMINAL APPEAL No.91 OF2017SPECIAL LEAVE PETITION (CRL.) No.1202 OF2017JUDGMENT R.F. Nariman, J.1.These Appeals and Special Leave Petitions arise by virtue of a reference order of a Division Bench of this Court reported as Tofan Singh v. State of Tamil Nadu (2013) 16 SCC31 The facts in that 1 appeal have been set out in that judgment in some detail, and need not be repeated by us. After hearing arguments from both sides, the Court recorded that the Appellant in Criminal Appeal No.152 of 2013 ...
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[REPORTABLE]. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1392 of 2011 Chunthuram Appellant Versus State of Chhattisgarh Respondent JUDGMENT Hrishikesh Roy, J.1. The present Appeal challenges the judgment and order dated 15.2.2008 of the Chhattisgarh High Court, whereby the Criminal Appeal No.513/2002 was disposed of upholding the conviction of the appellant in terms of the conclusion reached by the learned Additional Sessions Judge, Jashpurnagar (hereinafter referred to as, the trial Court) in Sessions Case No.149/2001. The trial Court convicted the appellant and co-accused Page 1 of 13 Jagan Ram, under Sections 302/34 of the Indian Penal Code, 1860 (for short the IPC) and sentenced them to undergo life imprisonment and fine of Rs.500/- each and for the conviction under Sections 201/34 IPC three years imprisonment and fine of Rs.500/- each was ordered. The co-accused Jagan Ram was however acquitted by the High Court.2. The case of the prosecution i...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.3340 of 2020 Arising out of SLP (C) No.30763 of 2019 The State of Rajasthan & Ors. ...Appellants Versus Heem Singh ...Respondent JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The appeal B Murder, trial and disciplinary enquiry C Submissions of counsel D Proof of misconduct in disciplinary proceedings E Findings of the disciplinary enquiry F The judgment of the Division Bench 1 PART A G Evidence in the disciplinary enquiry H On a preponderance of probabilities I Judicial review over disciplinary matters J The effect of an acquittal K Conclusion A The appeal 1 This appeal is from a judgment dated 24 April 2019 of a Division Bench of the High Court of Judicature for Rajasthan at Jodhpur. The respondent, who was a police constable, filed a petition under Article 226 of the Constitution to challenge his dismissal from service after ...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.12202 of 2018 DHARMENDRA KUMAR SINGH Appellant Versus THE STATE OF UTTAR PRADESH & ORS. Respondents With Civil Appeal No.11368/2018 Civil Appeal No.5257/2019 Civil Appeal No.5093/2019 Civil Appeal No.7002/2019 JUDGMENT SANJAY KISHAN KAUL, J.1. An ideological battle often rages between preservation of environment and economic development. Mining activity and the manner 1 in which it is carried on has had its proponents and opponents. Its necessity as an input for economic development is recognised but mining activity throughout our country for minerals or sands has had a troubled history on account of large-scale violations. This has also resulted in a ban on mining activity in certain areas at certain times not the ideal method, but leaving little option open because of the rampant misuse of the licences to mine. The present litigation, in a sense, flows from the concern to regulate mining activity i...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3559 OF2020(Arising out of SLP (C) No.12910/ 2020 (Diary No.8161 of 2020) Smriti Madan Kansagra Appellant Versus Perry Kansagra Respondent JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Appeal arises out of a Guardianship Petition filed by the Respondentfather under Section 7, 8, 10 and 11 of the Guardian and Wards Act, 1890 for the custody of the minor childAditya Vikram Kansagra, before the District Courts, Saket, New Delhi.2. The Appellantmother Smriti is an Indian citizen, who was a practicing lawyer prior to her marriage to the Respondent Perry, in New Delhi. The Respondentfather Perry is of Indian origin, and Gujrati descent, whose family shifted to Kenya and settled there since the last three generations, when his grandfather migrated in 1935. Perry and his family have been settled in Kenya, where they have established a vast business establishment in Kenya 1 and U.K., and Perry holds...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 3544-45 of 2020 (Arising out of SLP (C) Nos. 21049-21050 of 2019 Mrs Ritika Sharan ....Appellant Versus Mr Sujoy Ghosh .... Respondent JUDGMENT Dr Dhananjaya Y Chandrachud, J1These appeals arise from a judgment dated 11 July 2019 of a Single Judge of the High Court of Karnataka. 2 The appellant and the respondent got married on 4 February 2009. Their child, Sattik, was born on 9 May 2013. There are serious differences between the spouses and they have been living apart since 2016. The appellant submits that she has been compelled to leave the matrimonial home due to domestic violence and abuse. The appellant instituted a petition on 6 October 2016, under Section 13(1)(i-a) of the Hindu Marriage Act 1955 seeking a decree for divorce on the 1 ground of cruelty. The divorce proceedings are pending before the Family Court, Bengaluru (MC No.4484 of 2016). The appellant also instituted an application unde...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.296 OF2020Satyama Dubey & Ors. . Petitioner(s) Versus Union of India & Ors. . Respondent(s) WITH Writ Petition (Crl) No.304/2020, Writ Petition (Crl) No.308/2020, Writ Petition (Crl) No.314/2020, AND Writ Petition (Crl) No.316/2020 JUDGMENT1 The petitioners and all the intervening applicants in these matters have raised concern with regard to the WP (Crl) No.296/2020 etc. 2 manner in which a 19 years old girl hailing from Hathras, Uttar Pradesh is alleged to have been raped, brutally assaulted; due to which she lost her life and also the manner in which she was cremated. The Writ Petition (Crl) No.296/2020 was initially taken on board by this Court and notice was ordered to the respondents returnable in a week. In the meanwhile, the remaining petitions and the applications were filed in respect of the same incident to seek for varied reliefs which are all ultimately in pursuit of a fai...
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