Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO.183625 OF2019AND INTERLOCUTORY APPLICATION NO.36653 OF2021IN WRIT PETITION (C) NO.880 OF2017ASSOCIATION FOR DEMOCRATIC REFORMS & ANR. PETITIONER(S) Versus UNION OF INDIA & ORS. RESPONDENT(S) ORDER1 The Association for Democratic Reforms and Common Cause have joined together and come up with the above Public Interest Litigation praying for the:1. (a) Issue a writ of declaration or any other appropriate writ declaring (i) Section 135 of the Finance Act 2017 and the corresponding amendment carried out in Section 31 of the Reserve Bank of India Act, 1934, (ii) Section 137 of the Finance Act, 2017, and the corresponding amendment carried out in Section 29C of the Representation of the People Act, 1951 (iii) Section 11 of the Finance Act, 2017 and the corresponding amendment carried out in Section 13A, the Income Tax Act, 1961 (iv) Section 154 of the Finance Act, 2017 and the corresponding amen...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION (CIVIL) No.48/2019 Indus Biotech Private Limited . Petitioner(s) Versus Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Limited) & Ors. . Respondent(s) WITH Civil Appeal No.1070 /2021 @ SLP (C) No.8120 OF2020 JUDGMENT1 Leave granted in Special Leave Petition.2. The Arbitration Petition is filed by Indus Biotech Private Limited under Section 11(3) read with Sections 11(4) (a) and 11(12)(a) of the Arbitration and Conciliation Act, 1996 (Act, 1996 for short) seeking the appointment of an Arbitrator on behalf of the respondent Nos. 1 to 4 so as to constitute an Arbitral Tribunal to adjudicate upon the disputes that have arisen between the petitioner and the 2 respondent Nos. 1 to 4 herein. The petition filed before this Court is due to the fact that the respondent No.1 is a Mauritius based Company and the dispute qualifies as international arbitration. The respondents No.2 ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.440441 0F2020TATA CONSULTANCY SERVICES LIMITED APPELLANT(S) VERSUS CYRUS INVESTMENTS PVT. LTD. AND ORS. RESPONDENT(S) WITH CIVIL APPEAL NOs.1314 0F2020CIVIL APPEAL NOs.442443 0F2020CIVIL APPEAL NOs.1920 0F2020CIVIL APPEAL NOs.444445 0F2020CIVIL APPEAL NOs.448449 0F2020CIVIL APPEAL NOs.263264 0F2020CIVIL APPEAL NO.1802 0F2020JUDGMENT1 Lis in the Appeals 1.1 Tata Sons (Private) Limited has come up with two appeals in Civil Appeal Nos.1314 of 2020, challenging a final order dated 18122019 passed by the National Company Law Appellate Tribunal (NCLAT for short) (i) holding as illegal, the proceedings of 2 the sixth meeting of the Board of Directors of TATA Sons Limited held on 24.10.2016 in so far as it relates to the removal of Shri Cyrus Pallonji Mistry (CPM for short); (ii) restoring the position of CPM as the Executive Chairman of Tata Sons Limited and consequently as a Director of the Tata Compan...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2734 OF2020LAXMI PAT SURANA ...APPELLANT Versus UNION BANK OF INDIA & ANR. ...RESPONDENTS JUDGMENT A.M. Khanwilkar, J.1. Two central issues arise for our determination in this appeal, as follows: (i) Whether an action under Section 7 of the Insolvency and Bankruptcy Code, 20161 can be initiated by the financial creditor (Bank) against a corporate person (being a corporate debtor) concerning guarantee offered by it in respect of a loan account of the principal borrower, who had 1 for short, the Code 1 committed default and is not a corporate person within the meaning of the Code?. (ii) Whether an application under Section 7 of the Code filed after three years from the date of declaration of the loan account as Nonperforming Asset2, being the date of default, is not barred by limitation?.2. Briefly stated, respondent No.1 bank3 extended credit facility to M/s. Mahaveer Construction4, a proprietary firm...
Tag this Judgment!Court : Supreme Court of India
W.P.(Crl.) No.409 of 2020, etc. REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.409 OF2020STATE OF UTTAR PRADESH ...Petitioner versus JAIL SUPERINTENDENT (ROPAR) & Ors. ...Respondent(s) WITH [Transfer Petition (Criminal) NO.104-114 of 2021]. JUDGMENT R. Subhash Reddy, J.(Writ Petition (Crl.) No.409/2020) This Writ Petition is filed under Article 32 of the Constitution of India, read with Section 406 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the State of Uttar Pradesh, seeking Writ of Mandamus, seeking appropriate directions, directing the respondent-State of Punjab and the Learned Judicial Magistrate-I, Mohali, 1 W.P.(Crl.) No.409 of 2020, etc. State of Punjab, to transfer the criminal proceedings and trial in the Case Crime No.05 of 2019, titled as State of Punjab v. Mukhtar Ansari, pending before the Judicial Magistrate-I, Mohali, State of Punjab, to the Court of Special Judge (MP/MLA), Allahabad, Uttar Pradesh and with a...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4616-4618/2010 JAGMOHAN SINGH DHILLON ETC.ETC. ...APPELLANT(S) VERSUS SATWANT SINGH & ORS. ETC. ETC. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.These appeals have been filed against the Division Bench Judgment of High Court of Punjab and Haryana dated 28.07.2009 in LPA No.213 of 2007 with LPA No.177 of 2007. The High Court vide the impugned judgment has allowed the LPA filed by the State of Punjab and set aside the judgment of learned Single Judge and dismissed the writ petitions filed by the appellants before us.2. Brief facts of the case necessary to be noted for deciding these appeals are: i. The appellants are ex-servicemen, who after being released from the Army were appointed to Punjab 2 Civil Service (Executive Branch). Rules were framed namely Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in the Punjab Civil Service) (Executive Branch) Rules, 1972, under which Rules Tw...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 925-926 of 2021 Arising out of Special Leave Petition (C) Nos.1832-1833 of 2021 Rapid MetroRail Gurgaon Limited Etc. Appellant Versus Haryana Mass Rapid Transport Corporation Respondents Limited & Ors. 1 JUDGMENT Dr Justice Dhananjaya Y Chandrachud, J This judgment has been divided into the following sections to facilitate analysis: A Factual background B Submissions of counsel C Analysis of the Concession Agreements D Terms of the consent order dated 20 September 2019 passed by the High Court E Obligations of HMRTC and HSVP to pay the debt due F Conclusion 2 PART A A Factual background 1 In 2008, Haryana Shehri Vikas Pradhikaran (HSVP), the second respondent, issued a Request for Qualification and Request for Proposal (RFQ/RFP) for developing a metro rail link from Delhi Metro Sikanderpur Station on MG Road to NH-8 (Project No1). A Consortium Agreement was entered into on 1 December 2008 between I...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1076 of 2021 (arising out of SLP(C)No.9491 of 2020) SURESH KUMAR ...APPELLANT(S) VERSUS THE STATE OF HARYANA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.1077 of 2021 (arising out of SLP(C)No.9486 of 2020) OM PARKASH AND ANOTHER ...APPELLANT(S) VERSUS THE STATE OF HARYANA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.1078 of 2021 (arising out of SLP(C)No.10169 of 2020) SANDEEP KUMAR & ANOTHER ...APPELLANT(S) VERSUS THE STATE OF HARYANA & ORS. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.Leave granted. 22. These three appeals have been filed against the common judgment dated 27.07.2020 of the High Court of Punjab and Haryana dismissing the Civil Writ Petition No.13496 of 2009 which was filed by the appellants in first two appeals. The third appeal, Sandeep Kumar and another is an appeal filed by the two appellants who were intervenors in the Civil Writ Petition No.13496 of 2009. The Division Bench of th...
Tag this Judgment!Court : Supreme Court of India
Crl.A.No.1438 of 2011 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1438 OF2011Rajendra @ Rajappa & Ors. ..Appellants Versus State of Karnataka ..Respondent JUDGMENT R. Subhash Reddy, J.1. This criminal appeal is filed by the accused nos.2 to 5 in Sessions Case No.162 of 2003 on the file of Fast Track CourtIV, Gulbarga, aggrieved by the judgment and order of conviction and sentence dated 22.02.2011 in Criminal Appeal No.1812 of 2005 passed by the High Court of Karnataka (Circuit Bench at Gulbarga).2. Sessions Case No.162 of 2003 is a case chargesheeted by Shahbad Police Station in the State of Karnataka against the 1 Crl.A.No.1438 of 2011 appellantsaccused under Sections 143, 147, 148, 324, 326, 307, 302 read with 149 of Indian Penal Code (IPC). For the aforesaid offences, they were tried by the Fast Track CourtIV at Gulbarga and by judgment dated 20.06.2005, the appellants/accused nos.2 to 5 and accused no.6 were acquitted for the charges ...
Tag this Judgment!Court : Supreme Court of India
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.25047 OF2018ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS & ANR. ...PETITIONER(S) VERSUS THE STATE OF WEST BENGAL & ORS. ...RESPONDENT(S) ORDER The issue before us in SLP (C) 25047/2018 is whether we should allow the Government of West Bengal to fell the trees, in order to construct Road Over Bridges (ROBs) and widen the Roads. We are told that ROBs are necessitated to prevent accidents, which are several, over the past few years. This is the human/development concern that has been expressed by the State of West Bengal. It is, however, undisputed that the ROBs can only be constructed after felling of several trees, ages of which are said to be up to 150 years. As per the Report of the Expert Committee submitted before us, primarily, about 50 trees have already been felled and potentially another 306 trees are to be felled. As per the Report, many of the trees can be called historical trees,...
Tag this Judgment!