Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.554 OF2021Reepak Kansal Writ Petitioner Versus Union of India and others Respondents WITH WRIT PETITION (CIVIL) No.539 OF2021Gaurav Kumar Bansal Writ Petitioner Versus Union of India and others Respondents (With applications for interventions) JUDGMENT M.R. SHAH, J.1. The applications for interventions are allowed in terms of the prayer made and the applicants are permitted to intervene in the present proceedings. 12. These two writ petitions have been filed in Public Interest seeking directions to the respondents Central/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of the deceased who have succumbed to the pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005 (hereinafter referred to as DMA2005). It is also further prayed for an appropriate direction to the respondents State ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.536 OF2021(@ Special Leave Petition (Crl.) No.5985 of 2016) SURENDRAN ...APPELLANT(S) VERSUS SUB-INSPECTOR OF POLICE ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.Leave granted.2. This appeal has been filed against the judgment of the High Court dated 01.09.2015 dismissing the Criminal Revision filed by the appellant challenging his conviction and sentence under Section 279, 337 and 338 IPC.3. The appellant, a bus driver, while driving bus No.KL7D4770caused an accident on 16.02.1995 in which 2 car driver of KL10 5634 was injured. The appellant was charged with offence under Sections 279, 337 and 338 IPC. The learned Judicial First Class Magistrate vide his judgment dated 28.04.1999 convicted the accused under Section 279 IPC and 338 IPC and sentence him to undergo six months imprisonment and fine of Rs.500/- was imposed, in default to undergo simple imprisonment for one month under Section 337 IPC...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1537 OF2016R. JANAKIAMMAL ... APPELLANT VERSUS S.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS ... RESPONDENTS WITH CIVIL APPEAL NO.1538 OF2016S.R. SOMASUNDARAM AND ANOTHER ... APPELLANTS VERSUS S.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS ... RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.These two appeals have been filed challenging the Division Bench judgment dated 23.11.2011 of Madras High Court dismissing the A.S. No.281 of 2000 and A.S. No.332 of 1999 filed by the appellants respectively. The parties shall be referred to as described in O.S.No.1101 of 1987 (S.R. Somasundaram vs. S.K. Kumarasamy). The 2 appellant, R. Janakiammal in C.A.No.1537 of 2016 was defendant No.7 in O.S.No.1101 of 1987 whereas S.R. Somasundaram, appellant in C.A.No.1538 of 2016 was the plaintiff in O.S.No.1101 of 1987. Janakiammal is the mother of Somasundaram. Relevant facts and events ne...
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1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 2274 of 2021 (Arising out of Special Leave Petition (Civil) No 5014 of 2021) The State of Odisha & Ors .... Appellant(s) Versus Orissa Private Engineering College Association (OPECA) & Anr ....Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J1Leave granted. 2 This appeal arises from an order of a Division Bench of the High Court of Orissa dated 21 January 2021. The High Court has allowed a writ petition filed by the first respondent allowing institutions imparting education to grant admission to the students for the B.Tech (Engineering) degree course for academic session 2020-21 on the basis of the marks obtained in the qualifying examinations. This is purportedly in relaxation of a statutory requirement that all admissions have to be based on a centralized entrance test. 3 In the State of Orissa, there is a legislation called the Odisha Professional Educational Institutions (Regulation of Admis...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION SU O MOT U WRI T PETITIO N (CIVIL ) No.6 O F2020IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS With Writ Petition (C) No.916 of 2020 Bandhua Mukti Morcha Petitioner Versus Union of India & Ors. Respondents JUDGMENT Ashok Bhushan, J.1. The Worldwide Pandemic COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. The pandemic had affected each and every person in the world including all citizens of this country. The pandemic has adversely affected all businesses 1 including the small scale businesses, industries, markets and smallest of the person.2. One of the groups, which were severally affected by the pandemic, was the migrant labouers. When Nationwide Lockdown was declared on 24.03.2020, after few days, there was huge exodus of the migrant labourers from their place of work to their na...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. NO.168186 OF2018 I.A. No.109882 OF2020 I.A. NO.114865 OF2020 I.A. NO.153341 Of 2019, I.A. NO.120307 Of 2020, I.A. NO.123299 OF2020AND I.A. No.6397 OF2021(IN RE.: LA-RESIDENTIA PROJECT) IN WRIT PETITION (CIVIL)No.940 OF2017BIKRAM CHATTERJI & ORS. PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) ORDER Uday Umesh Lalit, J.1. This Order shall dispose of following three sets of applications: - A) I.A. No.168186 of 2018 (Z-68), I.A. No.109882 of 2020 (Z-309* and R-103*) and I.A. No.114865 of 2020 (Z-318*) filed by the Court Volume Number 2 Association1 and by some applicants who have booked apartments in the project developed by the Company2. B) I.A. No.153341 of 2019 (Z-233*), I.A. No.120307 of 2020 (I-155*) and I.A.No.123299 of 2020 (I-158*) filed by the Company; and C) I.A.No.6397 of 2021 (Z-342*) filed by Religare Finvest Limited, the creditor of the Company.2. By lease deed dated 03.02.2011 executed bet...
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C.A.Nos.1570-1578 of 2021 etc. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1570-1578 OF2021M/s. Silpi Industries etc. ..Appellants Versus Kerala State Road Transport Corporation & Anr. etc. ..Respondents W I T H CIVIL APPEAL NOS.1620-1622 OF2021M/s. Khyaati Engineering ..Appellant Versus Prodigy Hydro Power Pvt. Ltd. ..Respondent JUDGMENT R. Subhash Reddy, J.1. In view of the common issues which arise for consideration, these appeals are heard together and disposed of by this common judgment.2. Civil Appeal Nos.1570-1578 of 2021 are filed, aggrieved by the common judgment dated 11.08.2017 passed in Arbitration 1 C.A.Nos.1570-1578 of 2021 etc. Appeal Nos.69, 70, 72, 73, 77, 78, 79, 80 and 81 of 2014. By the aforesaid judgment, High Court has allowed the Arbitration Appeals filed by the respondent no.1-Kerala State Road Transport Corporation, by setting aside the common order dated 05.08.2014 passed in O.P.(Arb.) Nos.258 of 2007 etc. and the awa...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.1411 OF2020G. MOHAN RAO & ORS. ...PETITIONER(S) versus STATE OF TAMIL NADU & ORS. ...RESPONDENT(S) with WRIT PETITION (C) No.173 OF2021WRIT PETITION (C) No.174 OF2021JUDGMENT A.M. Khanwilkar, J.1. The Indian Constitution ordains a structure of governance wherein the three organs of the State are entrusted with independent functions. The Legislature legislates on the law, the Executive puts the law into execution and the Judiciary being the sentinel on the qui vive reviews and enforces the law in light of its primary role as the guardian of the Constitution. Thus, we the 1 people of India have embraced a system of separation of powers for securing checks and balances. Consequently, in daytoday functioning of the government institutions many a times a perception emerges about the overstepping between three organs. Similar grievance has been made in the case at hand. The extent and manner in whic...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION No.16706 OF2021IN PETITION FOR SPECIAL LEAVE TO APPEAL(C) No.12158 OF2020SANJAY PRAKASH & ORS. PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) WITH INTERLOCUTORY APPLICATION NO.11014 OF2021IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) No.12505 OF2020WITH INTERLOCUTORY APPLICATION NO.11786 OF2021IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) No.12503 OF2020WITH INTERLOCUTORY APPLICATION NO.7477 OF2021Page | 1 IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) No.12466 OF2020WITH INTERLOCUTORY APPLICATION NO.11026 OF2021IN PETITION FOR SPECIAL LEAVE TO APPEAL (C)NO.12570 OF2020ORDER Five sets of officers belonging to the Indian Police Service (IPS) have applied for being impleaded in this set of petitions for special leave to appeal (SLPs). These proceedings arise from a common Judgment delivered by a Division Bench of the Delhi High Court in five writ petitions brought by Group A officers of...
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1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.59 OF2021THE STATE OF KERALA & ORS. ... APPELLANT(S) VERSUS LEESAMMA JOSEPH . RESPONDENT JUDGMENT SANJAY KISHAN KAUL, J.1. The international awakening to further the rights and equal opportunities to persons with special abilities (hereinafter referred to as PWD) propelled the adoption of the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region in the meeting of the member states of the Economic and Social Commission for Asia and the Pacific held in Beijing in December, 1992; to which India was a signatory. In furtherance of its international commitments, The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the 1995 Act") was enacted which came into force on 7th February, 1996. In 2007, India ratified the United Nations Convention on the Rights of Persons with...
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