Court : Supreme Court of India
SLP15632021 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 5212 of 2022 (Arising out of SLP (C) No 1563 of 2021) State of Uttar Pradesh and Others Appellants Versus Mohd Rehan Khan Respondent W I T H Civil Appeal No 5213 of 2022 (Arising out of SLP (C) No 5524 of 2021) JUDGMENT Dr Dhananjaya Y Chandrachud, J1Leave granted. SLP15632021 2 2 The appeal arises out of a judgment of a Division Bench of the Allahabad High Court dated 25 August 2020. The Division Bench dismissed the intra- court appeal filed by the appellants against the judgment of a Single Judge of the High Court dated 5 November 2019 directing the appellants to consider the candidature of the respondent for appointment to a Class IV post on compassionate grounds. 3 The father of the respondent was employed by the Government of Uttar Pradesh as a driver in the Office of Economics and Statistics Officer at Shahjahanpur. He died in harness in 2015. The respondent was appointed on a temp...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 5216 of 2022 (Arising out of SLP(C) No 1580 of 2021) Sau Rajani .... Appellant(s) Versus Sau Smita & Anr ....Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J1Leave granted. 2 By a judgment dated 11 December 2019, a Single Judge of the Nagpur Bench of the High Court of Judicature at Bombay, held in the course of deciding a second appeal 1 under Section 100 of the Code of Civil Procedure 1908 that the suit instituted by the appellant is barred by Sections 71 and 177 of the Maharashtra Housing and Area 2 Development Act 1976 .The High Court reversed concurrent findings of the trial court in the suit and of the first appellate court. 1 CPC 2 the Act 2 3 In order to appreciate the nature of the controversy, it would, at the outset, be necessary to advert to the plaint in the suit - Regular Civil Suit No 775 of 1993- instituted by the appellant before the Court of the Civil Judge (Junior Division), Amr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1021 of 2022 Varsha Garg ...Appellant Versus The State of Madhya Pradesh & Ors. ...Respondents WITH MA1144of 2022 In SLP (Crl) No.2239 of 2022 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J1A Single Judge of the Indore Bench of the High Court of Madhya Pradesh rejected, by a judgment dated 8 April 2022, a petition instituted by the appellant under Section 482 of the Code of Criminal Procedure 19731 registered as Misc. Criminal Case No.57152 of 2021. 2 The petition addressed a challenge to the correctness of an order dated 13 November 2021 of the Second Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore rejecting an application under Section 311 CrPC seeking to summon the nodal officers of certain cellular entities along with the decoding register to trace the mobile location of accused Vikas, Mangilal and Suresh. 3 The appellant is the spouse of an advocate who was brutally murdered outsi...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11287 OF2013K. S. SAHU APPELLANT v. UNION OF INDIA & ORS. ...RESPONDENT(S) JUDGMENT ABHAY S. OKA, J.1. This is an appeal under Section 31 of the Armed Forces Tribunal Act, 2007 by which, an exception has been taken to the judgment and order dated 27th August 2013 passed by the Armed Forces Tribunal (for short, the said Tribunal), Regional Bench, Kochi.2. On 31st July 2002, the appellant joined Indian Navy as a sailor. The appellant was selected by the Service Selection Board to undergo training for being commissioned as an officer. He underwent initial training at INS Mandovi at Goa for a period of two years from 7th July 2002. On 21st June 2009, he was sent for training at Indian Naval Academy, Ezhimala 1 (for short, INA). He was required to complete 5th and 6th terms of training at INA. On 1st December 2010, a communication was issued by the Integrated Headquarters of the Ministry of Defence (Na...
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Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Special Leave Petition (Crl.) No.7159 of 2022 The State of Kerala Petitioner Versus Sister Amala & Anr. Respondents ORDER C.T. RAVIKUMAR, J.1. This petition seeking leave to appeal is filed by State of Kerala against the final order dated 03.03.2022 passed by High Court of Kerala in Criminal MC No.1184/2022, whereby all further proceedings against the petitioners therein/respondents herein in Crime No.1019/2018 of Kuravilangadu Police Station were quashed. On 05.08.2022 when this matter came up for hearing the SLP was dismissed observing that the detailed judgment/order would follow. The order dated 05.08.2022 reads thus: Although, we do not appreciate the finding recorded by the High Court in the impugned judgment Page 1 of 5 by looking to the fact that this is a matter of 2018 and four years have rolled by this time. In changed circumstances, this court may not like to open the issue any further. The special...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1167 of 2022 [@ SPECIAL LEAVE PETITION (CRL) No.3417/2022]. RELIANCE INDUSTRIES LIMITED APPELLANT VERSUS SECURITIES AND EXCHANGE BOARD OF INDIA & ORS. RESPONDENTS JUDGMENT N.V. RAMANA , CJI1 Leave granted.2. This appeal is filed against the impugned order dated 28.03.2022, passed by the High Court of Judicature at Bombay in Criminal Interim Application No.1945 of 2021 in Criminal Revision Application No.209 of 2020. 13. Brief facts necessary for disposal of this appeal are that a complaint was filed on 21.01.2002 by one Shri S. Gurumurthy, with the Securities and Exchange Board of India [for short the SEBI]. against Reliance Industries Ltd. [for short RIL]., its associate companies and its directors, alleging that they fraudulently allotted 12 crore equity shares of RIL to entities purportedly connected with the promoters of RIL, which were funded by RIL and other group companies in 1994. It w...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5167 OF2022(DIARY No.24399 OF2020 COMMISSIONER OF SERVICE TAX DELHI APPELLANT(S) VERSUS QUICK HEAL TECHNOLOGIES LIMITED RESPONDENT(S) WITH CIVIL APPEAL NOS. 51685169 OF2022(ARISING OUT OF S.L.P. (CIVIL) NOS. 67156716 OF2022 JUDGMENT J.B. PARDIWALA, J.:1. Since the issues raised in both the captioned cases are the same, those were taken up for hearing analogously and are being disposed of by this common judgment. Civil Appeal (Diary No.24399 of 2020) 2. Delay condoned. 13. This appeal under Section 35L(b) of the Central Excise Act, 1944 (for short, the Act 1944), as made applicable to the service tax by Section 83 of Chapter V of the Finance Act, 1994 (for short, the Act 1994), is at the instance of the revenue and is directed against the order No.50022/2020 dated 09.01.2020 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, the Tribunal) in the Service Tax Appeal N...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5017 OF2022Shirdi Nagar Panchayat, Shirdi Appellant Versus Appasaheb Narayan Chaudhari & Others Respondents JUDGMENT M.R. SHAH, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.09.2021 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No.5591/2018, by which the High Court has allowed the said writ petition and has directed the appellant herein original respondent No.4 Shirdi Nagar Panchayat, Shirdi to prepare the proposal for acquisition of the land in question, original respondent No.4 Shirdi Nagar Panchayat, Shirdi has preferred the present appeal. 12. At the outset, it is required to be noted that the private respondents herein filed a writ petition before the High Court and prayed for the following reliefs: (B) to direct respondents No.1 to 4 to initiate acquisition proceedings in respect of land Gut No.8 to the exten...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2176 OF2020Kotak Mahindra Bank Limited .Appellant VERSUS Kew Precision Parts Private Limited & Ors. ...Respondents JUDGMENT INDIRA BANERJEE, J.This appeal filed by the Appellant Financial Creditor, Kotak Mahindra Bank Limited under Section 62 of the Insolvency and Bankruptcy Code, 2016, hereinafter referred to as the IBC, is against the judgment and order dated 8th January, 2020 of the National Company Law Appellate Tribunal, New Delhi (NCLAT) allowing Company Appeal (AT) Insolvency No.1349 of 2019 filed by the Respondent-Corporate Debtor, against an order dated 6th September, 2019 passed by the Adjudicating Authority/National Company Law Tribunal (NCLT) admitting the application being Company Petition No.(IB) 672/ND/2019 filed by the Appellant 1 Financial Creditor under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporator Debtor.2. The Corpo...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 1184 of 2022 (Arising out of SLP(Crl) No 1674 of 2022) XYZ ... Appellant(s) Versus State of Madhya Pradesh & Ors ...Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J1 Leave granted.2. This appeal arises from a judgment of a Single Judge dated 6 January 2022 at the Gwalior Bench of the High Court of Madhya Pradesh, dismissing an application under Section 482 of the Code of Criminal Procedure 1973.13. The appellant is working as a yoga instructor at Lakshmibai National Institute of Physical Education, Gwalior.2 The second respondent was, at the material time, the Vice-Chancellor of the Institute. The appellant alleges that in March 2019, the second respondent touched her inappropriately at the Institute, upon which she disengaged herself and shouted at him. On 14 October 2019, she lodged a complaint at Police 1 CrPC 2 Institute 2 Station Gole Ka Mandir, Gwalior. Apprehending that the police ha...
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