Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2021(arising out of S.L.P. (Criminal) No.5102 of 2020) Bhima Razu Prasad ...Appellant Versus State, rep. By Deputy Superintendent of Police, CBI/SPE/ACUII Respondent WITH CRIMINAL APPEAL No.OF2021(arising out of S.L.P. (Criminal) No.6720 of 2020) AND CRIMINAL APPEAL No.OF2021(arising out of S.L.P. (Criminal) No.6327 of 2020) JUDGMENT MOHAN M. SHANTANAGOUDAR, J.1. Leave granted. 12. These appeals arise out of judgment dated 6.01.2020 in Crl. A. Nos. 1089, 1090 and 1091 of 2007 passed by the High Court of Judicature at Madras (High Court). Since they involve common facts and question of law, appeal arising out of S.L.P. (Crl.) No.5102 of 2020 shall be taken as the leading case.3. The brief facts leading to this appeal are as follows:3. 1 The Appellant/Accused No.1 was working as Regional Manager (South) at Chennai with the Rashtriya Ispat Nigam Ltd. On 4.01.2001 case was registered against the A...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).845 OF2021(Arising out of SLP(Civil) No(s).4322 of 2021) (Diary No.1282/2020) PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) ..APPELLANT(S) VERSUS PRAKASH HARKACHAND PARAKH & ORS. .RESPONDENT(S) WITH CIVIL APPEAL NO(S).846 OF2021(Arising out of SLP(Civil) No(s). 404 OF2020 ORDER Rastogi, J.Civil Appeal @ SLP(Civil) Diary No.1282/2020 1. Delay condoned.2. Leave granted.3. The appellant is primarily aggrieved by an interim order passed by the High Court dated 4th October, 2019 in a writ petition filed at 1 the instance of the 1st respondent pursuant to which the street opened for public use has been restricted on certain terms and conditions which has been referred to in the operative para 17 of the order impugned which is as under:- 17. However, a balance can always be struck. We, therefore, grant an interim order not in absolute terms as claimed by the petitioner, but as under: (a) There will be an ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 843-844 OF2021(Arising out of SLP (C) No.1531-32/ 2021) BHARAT SANCHAR NIGAM LTD. & ANR. APPELLANTS Versus M/S NORTEL NETWORKS INDIA PVT. LTD. RESPONDENT JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Appeals raise two important issues for our consideration : (i) the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 (the 1996 Act); and (ii) whether the Court may refuse to make the reference under Section 11 where the claims are ex facie time-barred?.2. (a) The factual matrix in which the present issues have arisen for our consideration is the issuance of a tender notification by the Appellant- Company [hereinafter referred to as BSNL]. inviting bids for planning, engineering, supply, insulation, testing and commissioning of GSM based cellular mobile network in the southern region covering the Kerala, Karnataka, Tamil Nadu, Andhra Pr...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.29432944 OF2020KALPRAJ DHARAMSHI & ANR. ...APPELLANT(S) VERSUS KOTAK INVESTMENT ADVISORS LTD. & ANR. .... RESPONDENT(S) WITH CIVIL APPEAL NOS.31383139 OF2020CIVIL APPEAL No.29492950 OF2020CIVIL APPEAL No.847848 /2021 [D.NO.24125 OF2020 JUDGMENT B.R. GAVAI, J.1. Leave to file Civil Appeal in Diary No.24125 of 2020 is granted. 22. All these appeals, assail the judgment and order of the National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as NCLAT) dated 5.8.2020, passed in Company Appeal (AT) (Insolvency) Nos. 344345 of 2020.3. By the said judgment and order dated 5.8.2020, NCLAT has allowed the appeals filed by Kotak Investment Advisors Limited (hereinafter referred to as KIAL), respondent No.1 herein, aggrieved by two separate orders dated 28.11.2019 passed by National Company Law Tribunal, Mumbai Bench (hereinafter referred to as NCLT or Adjudicating Authority) in M.A. No.10...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S).296 OF2021(Arising out of SLP(Crl.) No(s). 6364 of 2019) PRITI SARAF & ANR. .APPELLANT(S) VERSUS STATE OF NCT OF DELHI & ANR. .RESPONDENT(S) JUDGMENT Rastogi, J.1. Leave granted.2. The appellants who are the de-facto complainants in FIR No.132/2017 dated 28th April, 2017 are questioning the order of the High Court dated 15th March, 2019 passed in Criminal Miscellaneous Case Nos. 1718/2017 and 7009/2017 whereby the learned Single Judge in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure(hereinafter being referred to as CrPC) taking cognizance for the offence under Sections 420, 406 and 34 IPC1quashed the orders and set aside the criminal proceedings against 2nd respondent on the foundation that the allegations made in the complaint/FIR does not constitute offences under aforestated sections. Brief facts of the case 3. The factual matrix of the matter as reflecte...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1827 OF2018M/S CANON INDIA PRIVATE LIMITED . APPELLANT(S) VERSUS COMMISSIONER OF CUSTOMS . RESPONDENT(S) WITH CIVIL APPEAL No.1875 OF2018WITH CIVIL APPEAL NO.1832 OF2018WITH CIVIL APPEAL NO.3213 OF2018JUDGMENT S.A. BOBDE, CJI.1. This batch of statutory appeals (being Civil Appeal Nos. 1827/2018, 1875/2018, 1832/2018 and 3213/2018) under Section 130E of the Customs Act, 1962 arises from a common final order of the Central Excise and Service Tax Appellate Tribunal (CESTAT) dated 19th December 2017 (impugned order).2. Vide the impugned order an exemption of basic customs duty accorded to the Digital Still Image Video 1 Cameras (DSIC) imported by the Nikon India Pvt. Ltd, Canon India Pvt. Ltd., Sony India Pvt. Ltd. and Samsung India Electronics Pvt. Ltd (hereinafter referred to as appellants or importers), in terms of exemption Notification No.20/2005 dated 01.03.2005 (as amended by Notification No.15/201...
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CONTEMTP PETITION (C) NO.413 OF2019IN Civil Appeal No.4564 of 2008 Hampshire Hotels and Resorts (Noida) Pvt. Ltd.. Vs.Ritu Maheshwari, CEO1Reportable IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION CONTEMPT PETITION (CIVIL) NO.413 OF2019IN CIVIL APPEAL NO.4564 OF2008HAMPSHIRE HOTELS AND RESORTS (NOIDA) PVT. LTD. Petitioner(s) VERSUS RITU MAHESHWARI, CHIEF EXECUTIVE OFFICER, NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) Contemnor WITH CONTEMPT PETITION (CIVIL) NO.416 OF2019IN CIVIL APPEAL NO.4570 OF2008WITH CONTEMPT PETITION (CIVIL) NO.415 OF2019IN CIVIL APPEAL NO.4968 OF2008WITH CONTEMPT PETITION (CIVIL) NO.414 OF2019IN CIVIL APPEAL NO.4566 OF2008WITH CONTEMPT PETITION (CIVIL) NO.645 OF2019IN CIVIL APPEAL NO.4565 OF2008WITH CONTEMPT PETITION (CIVIL) NO.646 OF2019IN CIVIL APPEAL NO.4571 OF2008WITH CONTEMPT PETITION (CIVIL) NO.647 OF2019IN CIVIL APPEAL NO.4569 OF2008JUDGMENT Uday Umesh Lalit, J.1. These Contempt Petitions allege infraction on part of NOIDA, the Respondent-Autho...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 292 OF2021(Arising out of SLP(Crl.) No(s).8498 of 2019) SUMETI VIJ ...APPELLANT(S) VERSUS M/S PARAMOUNT TECH FAB INDUSTRIES ...RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 293 OF2021(Arising out of SLP(Crl.) No(s).8564 of 2019) JUDGMENT Rastogi, J.1. Leave granted.2. The appellant is aggrieved by the judgment dated 30th April, 2019 passed by the High Court of Himachal Pradesh holding the appellant guilty of offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) after 1 reversal of the finding of acquittal returned by the learned trial Judge by its judgment dated 28th September, 2012.3. The brief facts of the case which emanates from the record are that the appellant accused approached the complainant respondent in its factory at Moginand and expressed her desire to purchase nonwoven fabric from the complainant. On the basis of order placed by the ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION IN TRANSFER PETITION (CRL.) No.262 of 2018 SWAATI NIRKHI & ORS. PETITIONERS Versus STATE (NCT OF DELHI) & ORS. RESPONDENTS JUDGMENT INDU MALHOTRA, J.1. The present Transfer Petition has been filed by the Petitioner under Section 406 Cr.P.C. seeking transfer of Criminal Case No.3483 of 2017 titled as State v. Swaati Nirkhi & Ors. (arising out of FIR No.39/2016) from the Court of Metropolitan Magistrate 461 North West, Rohini Courts, New Delhi to the Court of Metropolitan Magistrate at Allahabad (Prayagraj), Uttar Pradesh. 12. The Respondent No.4 herein/Complainant filed FIR No.39 on 7.1.2016 before the Police Station, Mangol Puri under Section 389 read with 34 IPC against 4 accused viz. Mr. Mohan Shrivastava, Ms. Swaati Saxena, Sanjay Saxena, Shashank Saxena wherein it was stated that his nephew Ashish Khare was married to Ms. Swaati Nirkhi (Petitioner No.1 in the Transfer Petition) on 19th April 2015 in Delhi. That...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.37 OF2009WESTINGHOUSE SAXBY FARMER LTD. Appellant(s) Versus COMMR. OF CENTRAL EXCISE CALCUTTA Respondent(s) JUDGMENT V. RAMASUBRAMANIAN, J.1. Aggrieved by the dismissal of their appeal by the Customs Excise and Service Tax Appellate Tribunal (for short CESTAT), the 1 assessee has come up with the present appeal under Section 35 L(b) of the Central Excise Act, 1944.2. We have heard Shri Kunal Chatterji, learned counsel for the appellant/assessee and Ms. Nisha Bagchi, learned standing counsel for the respondent.3. The appellant is a company wholly owned by the State Government of West Bengal. It is engaged in the manufacture of Relays which is used as part of the Railway signaling system.4. A Relay is generally an electrically operated switch, used to control a circuit. They may also be used where several circuits must be controlled by one signal.5. Though essentially relays are electrical equipment, th...
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