Court : Supreme Court of India
NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4482 OF2021(arising out of SLP(C)No.28392 of 2018) TEK CHAND AND OTHERS ...APPELLANT(S) VERSUS BHAKRA BEAS MANAGEMENT BOARD (B.B.M.S.) AND OTHERS ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.Leave granted.2. The appellants were promoted to the post of Leading Fireman on 09.02.2012 under the Bhakra Beas Management Board ClassIII and ClassIV Employees (Recruitment and Conditions of Service) Regulations, 1994 (hereinafter called the Regulations). Their promotions have been annulled by the High Court, holding them to be ineligible for promotion under the Regulations. 13. The post of Fireman is a feeder post for that of Leading Fireman. The appellants are admittedly senior to respondent no.3 having been appointed as Fireman on 09.02.1991. Respondent no.3 was appointed as Fireman on 09.01.1992. The respondent filed a writ petition claiming to be considered for promotion as Leading Fireman in view of availabl...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 697 of 2021 @ SLP (Crl) No 4009 of 2021 The State of Kerala .... Petitioner Versus K. Ajith & Ors. ....Respondents And With Criminal Appeal No 698 of 2021 @SLP (Crl) No 4481 of 2021 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into the following sections to facilitate analysis: A Factual Background B Submissions of Parties C Issues and Analysis C.1 Withdrawal of prosecution C.2 Immunities and Privileges of MLAs C.2.1 Position in the United Kingdom C.2.2 Position in India C.3 Privilege to commit acts of public destruction An incongruous proposition C.4 Sanction of Speaker C.5 Claiming privilege and inadmissibility of video recordings as evidence C.5.1 Immunity from publication of proceedings of the House C.5.2 Inadmissibility of the video recording as evidence 2 PART A A Factual Background 1 Leave granted. 2 The appeals arise out of a judgment of a Single Judge of the...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 36993700 OF2018PSA SICAL TERMINALS PVT. LTD. ...APPELLANT(S) VERSUS THE BOARD OF TRUSTEES OF V.O. CHIDAMBRANAR PORT TRUST TUTICORIN AND OTHERS ...RESPONDENT(S) JUDGMENT B.R. GAVAI, J.1. The appellant has approached this Court being aggrieved by the judgment and order dated 1st November 2017, passed by the Division Bench of the Madras High Court in C.M.A. (MD) No.345 of 2016 and C.M.P. (MD) No.4867 of 2016, thereby allowing the appeal of the respondent No.1 herein under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) vide which the 1 High Court set aside the award dated 14th February 2014, passed by the Arbitral Tribunal and the order passed by the District Judge dated 25th February 2016, rejecting the application filed by the respondent No.1 herein under Section 34 of the Arbitration Act.2. The facts necessary for adjudication of the pr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10788 OF2016Rashi Mani Mishra and others Appellants Versus State of Uttar Pradesh and others Respondents WITH CIVIL APPEAL No.2898 OF2021(Arising out of SLP(C) No.32631/2018) CIVIL APPEAL No.4427 OF2021(Arising out of SLP(C) No.29294/2018) CIVIL APPEAL No.4428 OF2021(Arising out of SLP(C) No.682/2019) CIVIL APPEAL No.4429 OF2021(Arising out of SLP(C) No.926/2019) JUDGMENT M.R. SHAH, J.1. As common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of together by this common judgment and order. 11.1 Civil Appeal Nos. 10788 of 2016 and Civil Appeal No.2898 of 2021 are with respect to the State of Uttar Pradesh and the rest of the civil appeals are with respect to the State of Uttarakhand. It is to be noted that the relevant rules applicable to the employees of the State of Uttarakhand are as such para materia to the relevant rules applicable to the emplo...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 44574458 OF2021(Arising out of SLP (Civil) No(s). 1067510676 of 2020) ARUNA ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENT(S) WITH CIVIL APPEAL NO(s). 4459 OF2021(Arising out of SLP (Civil) No(s). 11416 of 2020) ARUNA ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.Leave granted.2. The appellant assails the dismissal of her writ petition and the review petition by the High Court. The High Court declined 1 to interfere with the order of the District Caste Verification Committee (hereinafter referred to as the Committee) dated 22.10.2018. The Committee declined to verify the caste certificate of the appellant under the proviso to Rule 14 of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Category (Regulation of Issuance and Verific...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.177 OF2014PRUTHIVIRAJ JAYANTIBHAI VANOL ...APPELLANT(S) Vs. DINESH DAYABHAI VALA AND OTHERS ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.This appeal arises from an order of acquittal, reversing the conviction of respondents 1 to 4 under Sections 302, 34, 120B of the Indian Penal Code (IPC) sentencing them to life imprisonment and fifteen days imprisonment under Section 135(1) of the Bombay Police Act.2. The deceased was assaulted on 01.10.2003 at 2:30 am while he was returning on a motorcycle along with PW2 who was the pillion rider. The respondents are said to have assaulted with iron pipe, steel rod and stick, causing three stab wounds and nine incised wounds. The acquittal is premised on 1 the reasoning that the evidence of the eyewitnesses PW2 and PW10, is inconsistent with the medical evidence, regarding the nature of injuries visvis the weapons of offence.3. Shri Shikhil Suri, the learned a...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2231 OF2021M/S ORATOR MARKETING PVT. LTD. Appellant(s) VERSUS M/S SAMTEX DESINZ PVT. LTD. Respondent(s) JUDGMENT Indira Banerjee, J.This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the IBC) is against the final judgment and order of the National Company Law Appellate Tribunal (NCLAT), New Delhi in Company Application (AT)(Insolvency) No.1064 of 2020 dated 08-03- 2021, whereby the NCLAT has been pleased to dismiss the appeal of the Appellant and confirmed the order dated 23.10.2020 of the Adjudicating Authority, i.e., the National Company Law Tribunal (NCLT), New Delhi, dismissing the petition being CP(IB) No.908/ND/2020, filed by the Appellant under Section 7 of the IBC with the finding that the Appellant is not a financial creditor of the Respondent. The Appellant is an assignee of the debt in question. 22. The short question involved in this Ap...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No.1369 of 2018 Arvind Kumar Tiwari & Ors. .... Petitioner(s) Versus The State of Uttar Pradesh & Ors. . Respondent (s) WITH Writ Petition (Civil) No.1330 of 2019 Writ Petition (Civil) No.606 of 2019 Writ Petition (Civil) No.1488 of 2018 Writ Petition (Civil) No.42 of 2019 Writ Petition (Civil) No.41 of 2019 Writ Petition (Civil) No.339 of 2019 Writ Petition (Civil) No.267 of 2019 Writ Petition (Civil) No.330 of 2019 Writ Petition (Civil) No.376 of 2019 Writ Petition (Civil) No.487 of 2019 Writ Petition (Civil) No.754 of 2019 1 | Pa ge JUDGMENT L. NAGESWARA RAO, J.1. The complaint of the Writ Petitioners is that their result/ marks of Sub-Inspector (Civil Police) Rankers Examination 2000-2008 have not been declared. The further grievance of the Petitioners is that the benefit of the judgment dated 30.01.2017 of this Court in Writ Petition (Civil) No.45 of 2016 (Raghuraj Singh v. State of Utta...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.680 of 2021 @ SLP (Crl) No 3155 of 2018 M/s Supreme Bhiwandi Wada .... Appellant Manor Infrastructure Pvt. Ltd. Versus The State of Maharashtra & Anr. .... Respondents With Criminal Appeal No.681 of 2021 @ SLP (Crl) No 3156 of 2018 With Criminal Appeal No.682 of 2021 @ SLP (Crl) No 2617 of 2018 And With Criminal Appeal No.683 of 2021 @ SLP (Crl) No 2628 of 2018 JUDGMENT Dr Dhananjaya Y Chandrachud, J1This batch of four appeals involves similar issues and were heard together. The first two appeals arise out of an order dated 18 December 2017 of a Single Judge of the High Court of Judicature at Bombay by which two anticipatory bail applications under Section 438 of the Code of Criminal Procedure 1973 (CrPC) were allowed. 1 2 The details of these applications are: (i) Anticipatory Bail (Application) No 1971 of 2016 moved by Nilesh Dayanand Chumble; and (ii) Anticipatory Bail (Application) No 85 of ...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.4443 of 2021 (Arising out of SLP (C) No.12171 of 2019) Vice Chancellor Anand Agriculture University .... Appellant(s) Versus Kanubhai Nanubhai Vaghela and Anr. . Respondent (s) WITH Civil Appeal No.4444 of 2021 (@ SLP (C) No.11429 of 2021 @ Diary No.3021 of 2019) Civil Appeal No.4445 of 2021 (@ SLP (C) No.15957 of 2019) JUDGMENT L. NAGESWARA RAO, J.Leave granted.1. The point that arises for consideration in these appeals is whether the daily wagers/respondents are entitled for regularization of their services. 1 | Pa ge 2. The appellant university engaged daily wagers at different agricultural research centers who are skilled, semi- skilled, unskilled and field labourers. The daily-wage workers have been working as plumbers, carpenters, sweepers, pump operators, helpers, masons etc. An industrial dispute was raised by the daily wagers seeking regularization of their services. The Industrial Tribun...
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