Court : Supreme Court of India
NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1661 OF2010Sk. Sakkar @ Mannan .....APPELLANT VERSUS State of West Bengal .....RESPONDENT JUDGEMENT Surya Kant, J: The appellant Sk. Sakkar @ Mannan assails the judgement dated 09.12.2009 passed by the High Court at Calcutta whereby his appeal against the judgement and order dated 26.05.2004 and 27.05.2004 passed by Special Judge, Birbhum convicting him for offences under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and imposing a sentence of five years rigorous imprisonment (RI) and a fine of Rs. 20,000/ (in default, whereof to further undergo RI for one additional year), has been dismissed.2. The prosecution case in brief is that upon receiving secret information, D.S.P. Headquarter, Birbhum conducted a raid on 16.11.1997 and intercepted an Ambassador car bearing No.BRW312 Page | 1 Since the car was detained inside a forest area, 3/4 occupants of the car...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.102 OF2021(Arising out of SLP (Criminal) No.4171 of 2020) OPTO Circuit India Ltd. .Appellant(s) Versus Axis Bank & Ors. . Respondent(s) JUDGMENT A.S. Bopanna, J.Leave granted.2. The appellant is before this Court assailing the order dated 13.08.2020 passed by the High Court of Karnataka in WP No.8031 of 2020. Through the said Page 1 of 21 common order the High Court has disposed of two writ petitions but the consideration herein relates to the issue raised in Writ Petition No.8031 of 2020 which was filed before the High Court, by the appellant herein raising the issue relating to the freezing of their bank account.3. When the Special Leave Petition was listed for admission, the learned senior counsel for the appellant while assailing the order passed by the High Court, inter alia contended that the freezing of the bank accounts maintained by the appellant company has prejudiced the appellant, in...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5146 of 2019 PHOENIX ARC PVT. LTD. ...APPELLANT(S) VERSUS KETULBHAI RAMUBHAI PATEL ...RESPONDENT(S) JUDGMENT ASHO K BHUSHAN,J.This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as Code) has been filed questioning the judgment of the National Company Law Appellate Tribunal, New Delhi dated 09.04.2019 dismissing the Company Appeal filed by the appellant. The Company Appeal was filed by the appellant against order dated 22.02.2019 of National Company Law Tribunal, Mumbai Bench rejecting the Miscellaneous Application filed by the appellant under Section 60(5)(c) of the Code holding that the appellant is not the financial creditor of the 2 corporate debtor, Doshion Veolia Water Solutions Private Limited.2. Brief facts of this case for deciding this appeal are: L & T Infrastructure Finance Company Limited advanced the financial facility to Doshion Limited, a ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4020 OF2010U.P. HOUSING & DEVELOPMENT BOARD & ANR. APPELLANT(S) VERSUS NAMIT SHARMA RESPONDENT(S) ORDER Heard Shri Vishwajit Singh, learned counsel appearing for the appellants and Dr. Manish Singhvi, learned senior counsel appearing for the respondent. This appeal has been filed against the order dated 07.07.2009 of the Division Bench of the Allahabad High Court, Lucknow Bench in Writ Petition No.3315(M/B) of 2005, by which order the writ petition filed by the respondent has been disposed of with a direction to opposite party to the writ petition to allot one plot to the respondent against the Registration No.L.W/P-2951(6). Appellant aggrieved by the said judgment has come up in this appeal. The brief facts necessary to be noticed for 1 deciding this appeal are: One Shri M.L. Sharma, the grandfather of the respondent got registration in his name in a scheme for HIG plot in the Housing Scheme of the a...
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[email protected].(Crl.)Nos.4729-30 of 2020 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 100101 OF2021[Arising out of S.L.P.(Crl.)Nos.47294730 of 2020]. N.Vijayakumar ..Appellant Versus State of Tamil Nadu ..Respondent JUDGMENT R. Subhash Reddy, J.1. Leave granted.2. The sole accused in Special Calendar Case No.49 of 2011 on the file of Special Court for Trial of Prevention of Corruption Act Cases, Madurai, has filed these appeals, aggrieved by the conviction recorded vide judgment dated 28.08.2020 and 22.09.2020 and sentence imposed vide order dated 15.09.2020 and 29.09.2020 by the Madurai Bench of the Madras High Court under Sections 7 and 13(2) 1 [email protected].(Crl.)Nos.4729-30 of 2020 read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, the Act).3. The appellantaccused was working as Sanitary Inspector in 8th Ward of Madurai Municipal Corporation. He was chargesheeted for the offence under Sections 7, 13(2) read with 13...
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NonReportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5124 OF2013Santosh Kumar @ Rana Ram Kalal .....Appellant Versus Ashok Chand and Others .... Respondents JUDGMENT N. V. Ramana, J.1. The instant appeal, by way of special leave, is directed against order dated 15.03.2010 passed by the High Court of Judicature for Rajasthan at Jodhpur in Civil Writ Petition No.6517 of 2009 whereby the High Court allowed the writ petition filed by the respondent nos. 1 and 2 herein, and directed the Trial Court to decide certain issues as preliminary legal issues.2. A conspectus of the facts necessary for the disposal of the appeal are as follows: the appellant herein filed a civil suit against 1 the respondents in the year 2007 seeking, inter alia, possession of the disputed property and a declaration that he is the owner of the disputed property. The Trial Court, vide order dated 22.04.2008, framed as many as eleven issues, of which we are concerned currently with t...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.99 OF2021[Arising out of SLP (Crl.) No.9105 of 2015]. State of Gujarat .. Appellant Versus Bhalchandra Laxmishankar Dave .. Respondent JUDGMENT M. R. Shah, J.Leave granted.2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.01.2015 passed by the High Court of Gujarat in Criminal Appeal No.92 of 2003 by which the High Court has acquitted the respondent herein original accused for the offences under Section 7 read with Sections 13(1) & 13(2) of the Prevention of Corruption Act (hereinafter referred to as the Act) by 2 quashing and setting aside the judgment and order of conviction passed by the Learned Special Judge, Bharuch, the State of Gujarat has preferred the present appeal.3. The respondent herein original accused (hereinafter referred to as the accused) who was working as Assistant Director in ITI, Gandhi Nagar was charged for the offences punishable unde...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.2842 of 2020 Phoenix Arc Private Limited .... Appellant Versus Spade Financial Services Limited & Ors. .... Respondents With Civil Appeal No.3063 of 2020 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The appeals B CIRP for the Corporate Debtor C Proceedings before NCLT D Proceedings before NCLAT E Transactions of the Corporate Debtor F Relationship between Anil Nanda and Arun Anand G Whether Spade and AAA are financial creditors of the Corporate Debtor G.1 Submission of Counsel G.2 Assessment of preliminary submissions G.2.1 Res Judicata G.2.2 Issues before NCLAT G.2.3 Remand to NCLAT G.3 Analysis G.3.1 Statutory Provisions G.3.2 Financial Creditor and Financial Debt G.3.3 Collusive Transactions G.3.4 Spade and AAA2H Whether Spade and AAA are related parties H.1 Submission of Counsel H.2 Statutory provisions H.3 Analysis I Wh...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.98 of 2021 [Arising out of Special Leave Petition (Crl.) No.11616 of 2019]. Union of India ..... Appellant (s) VERSUS K.A. Najeeb ..... Respondent (s) ORDER Surya Kant, J: Leave Granted.2. The present appeal has been preferred by the Union of India through the National Investigation Agency (in short, NIA) against an order dated 23.07.2019 of the High Court of Kerala at Ernakulam, whereby bail was granted to the respondent for an offence under Sections 143, 147, 148, 120B, 341, 427, 323, 324, 326, 506(H), 201, 202, 153A, 212, 307, 149 of the Indian Penal Code, 1860 (IPC), Section 3 of the Explosive Substances Act, 1908 and Sections 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). Page | 1 FACTS3 The prosecution case in brief is that one Professor TJ Joseph while framing the Malayalam question paper for the second semester B.Com. examination at the Newman College, T...
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