Court : Supreme Court of India
REPORTABLE2023INSC963IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION REVIEW PETITION (CIVIL) No.1620 OF2023IN CIVIL APPEAL No.1661 OF2020SANJAY KUMAR AGARWAL . PETITIONER(S) VERSUS STATE TAX OFFICER (1) & ANR. . RESPONDENT(S) WITH REVIEW PETITION (CIVIL) No.1621 OF2023IN CIVIL APPEAL No.1661 OF2020RAMCHANDRA DALLARAM CHOUDHARY . PETITIONER(S) VERSUS STATE TAX OFFICER (1) & ANR. . RESPONDENT(S) WITH REVIEW PETITION (CIVIL) No.1622 OF2023IN CIVIL APPEAL No.1661 OF2020STATE BANK OF INDIA . PETITIONER(S) VERSUS RAINBOW PAPERS LIMITED & ANR. . RESPONDENT(S) WITH1REVIEW PETITION (CIVIL) No.236 OF2023IN CIVIL APPEAL No.2568 OF2020CHANDRA PRAKASH JAIN . PETITIONER(S) VERSUS STATE TAX OFFICER . RESPONDENT(S) WITH REVIEW PETITION (CIVIL)No.1623 OF2023IN CIVIL APPEAL No.1661 OF2020INDIAN OVERSEAS BANK . PETITIONER(S) VERSUS STATE TAX OFFICER (1) & ANR. . RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. This batch of five Review Petitions seeks to review the common Judgment and Order dated 06.09.2...
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1 2023 INSC1087REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2023( @ SPECIAL LEAVE PETITION (C) NO.21079 OF2022) VARDAN ASSOCIATES PVT. LTD. APPELLANT VERSUS ASSISTANT COMMISSIONER OF STATE TAX CENTRAL SECTION & ORS. RESPONDENTS ORDER Leave granted.2. We have heard learned counsel for the parties.3. The present appeal emanates from the final judgment and order passed by the learned Single Judge of the High Court at Calcutta (hereinafter referred to as the High Court) in Writ Petition bearing W.P.A. No.17452 of 2019 dated 2nd August, 2022 (herein- after referred to as the Impugned Judgment), by which the said petition was dismissed. 2 BRIEF FACTS:4. The appellant, being a company, carries on the business of horizontal directional drilling using trenchless methodology for underground utilities - oil/gas, telecom and power. The appellant functions as a contractor and is duly registered under the Central Goods and Services Act, 2017 (hereinafter ...
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REPORTABLE2023INSC964IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7413 of 2023 (Arising out of S.L.P. (C) No.8147 of 2016) KUM. GEETHA, D/O LATE KRISHNA & ORS. ....APPELLANT(S) VERSUS NANJUNDASWAMY & ORS. ...RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.1. Leave granted.2. In this appeal, we are called upon to decide two questions. The first relates to the true and correct application of the principle underlying the rejection of plaints under Order VII Rule 11, Code of Civil Procedure, 19081, to the facts of the case. The second question relates to the legality of rejection of a plaint in part. For the reasons to follow, we have held that the High Court has committed an error in passing the order impugned, on both counts. First, by misapplying the well-established principles informing Order VII1Hereinafter referred to as CPC. 1 Rule 11 of the CPC, and second, by rejecting the plaint in part, which is again contrary to the law on the subject. We hav...
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1 NON-REPORTABLE2023INSC968IN THE SUPREME COURT OF INDIA EXTRA-ORDINARY ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.699/2021 RAJESWARI PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) ORDER We are not inclined to proceed further with the present writ petition, as it is clear from the counter affidavit filed by respondent No.2 Telecom Regulatory Authority of India (TRAI) that the cellular mobile telephone number once deactivated for non- usage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days. It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained. The subscriber can prevent misuse of WhatsApp data by deleting the WhatsApp account attached with the previous phone number and erasing the WhatsApp data stored on the local device memory/cloud/drive. Further, as per the information available on the WhatsApp help center, to eliminate enmesh/ confusion in case of re-cycled phon...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2023 ( @ SPECIAL LEAVE PETITION (CIVIL) NO.12441 OF2022 ) SUDHIR SINGH AND OTHERS APPELLANTS A2: Ashok Kumar Tiwari A3: Raj Kumar Yadav VERSUS STATE OF U.P. AND OTHERS RESPONDENTS R2: Commissioner Rural Development, Lucknow R3: District Development Officer, Badaun R4: District Development Officer, Balrampur R5: Uttar Pradesh Subordinate Service Selection Commission through its Secretary R6: Union of India, Ministry of Defence R7: Directorate General of Resettlement through its Secretary JUDGMENT AHSANUDDIN AMANULLAH, J.Heard learned counsel for the parties.2. Leave granted. 23. This appeal arises out of the Judgment and Order passed by the High Court of Judicature at Allahabad (hereinafter referred to as the High Court) in Civil Misc. Writ (A) Petition No.4817 of 2020 dated 05.03.2022 (hereinafter referred to as the Impugned Judgment) filed by the appellants by which their claims for recruitment...
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2023 INSC967REPORTABLE IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION CONTEMPT PETITION (CIVIL) NO1195OF2023In Civil Appeal No 6108 of 2023 Orbit Electricals Private Limited Petitioner Versus Deepak Kishan Chhabria & Ors Respondents ORDER1The order of this Court of 26 September 2023 sets out the background. Rather than replicate the background, we set it out below : 1 The National Company Law Tribunal1 dismissed the application filed by the first respondent for the grant of interim relief by an order dated 31 December 2019. The first respondent is in appeal before the National Company Law Appellate Tribunal2. Admittedly, no interim relief operated in favour of the first respondent during the pendency of the appeal. 2 The appeal has been heard and orders were reserved by the NCLAT on 21 September 2023. However, while reserving orders, the NCLAT has directed the parties to maintain status quo as was available prior to EOGM dated 03.05.2019 till the judgement is delivered. No reaso...
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1 REPORTABLE2023INSC958IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6375 OF2023(ARISING OUT OF SLP (C) NO.8943 OF2021 PRADEEP MEHRA APPELLANT Versus HARIJIVAN J.JETHWA RESPONDENTS (SINCE DECEASED THR. LRS.) & ORS. JUDGMENT SUDHANSHU DHULIA, J.1. This appeal before us shows how the execution proceedings under Order XXI of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC), are being delayed, and the process is being abused in the execution proceedings, to the peril of the helpless decree holder. As long back as in 1872 (when the CPC of 1859 was in operation), it was observed by the Privy Council that, the difficulties of a litigant in India begin when he has obtained 2 a decree1. The situation, we are afraid, is no better even today. 2.The appellant is the landlord and the respondents are the tenants in a premises measuring about 3240 sq. ft. bearing C.T.S. No(s). 691/2, 691/3, 691/6, 691/7 and 691/8, situated at Mehra Industrial Compound, A...
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2023 INSC955Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (Crl.) No.7976 OF2023Bhisham Lal Verma Petitioner Versus State of Uttar Pradesh and another Respondents ORDER SANJAY KUMAR, J1 Is a second petition maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition thereunder?. 2. This is the short question that arises for consideration.3. As the issue turned on the very maintainability of the case, Mr. S. Nagamuthu, learned senior counsel, was requested to assist the Court and, with his usual graciousness, he agreed to do so. 14. We may first note the relevant facts: Complaint dated 23.06.2012 was filed by the Joint Director, State Urban Development Authority, Uttar Pradesh, before the Station House Officer, Police Station Kotwali, Rampur, alleging irregularities in the construction of toilets under the Integrated Low Cost Sanitation Scheme and embezzlement of p...
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REPORTABLE2023INSC962IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8915 of 2012 C. ANIL CHANDRAN APPELLANT(S) VERSUS M.K. RAGHAVAN AND OTHERS RESPONDENT(S) JUDGMENT RAJESH BINDAL, J.1. Challenge in the present appeal is to the order in a Writ Appeal1 passed by the Division Bench of the High Court2 by which the judgment of the learned Single Judge passed in W.P. No.36424 of 2005, was set aside.2. Challenge in the W.P. filed by the appellant was to the order dated 14.03.2005, passed by the Chief Engineer, Irrigation and 1 Writ Appeal No.1563 of 2010, decided on 27.06.2011 2 High Court of Kerala 1 Administration, Thiruvananthapuram vide which the private- respondents No.1 to 4, 7 and 8 were given seniority from back date.3. Learned senior counsel for the appellant submitted that the appellant was appointed as Overseer Grade-III in the Irrigation Department vide G.O. (Rt.) No.276/89/Co-op dated 16.06.1989, on compassionate basis. As the appellant was an Enginee...
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REPORTABLE2023INSC956IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.8167 OF2023 MANISH SISODIA ..... A PPELLANT VERSUS CENTRAL BUREAU OF INVESTIGATION ..... R ESPONDENT W I T H CRIMINAL APPEAL No.OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.8188 OF2023 JUDGMENT SANJIV KHANNA, J.Leave granted.2. Rule of law means that laws apply equally to all citizens and institutions, including the State. Rule of law requires an equal right to access to justice for the marginalised. The rule also mandates objective and fair treatment to all. Thirdly, rule of law is a check on arbitrary use of powers. It secures legitimate exercise of power for public good. Criminal Appeal a/o. of SLP (Crl.) No.8167 of 2023 & Anr. Page 1 of 413. This is precisely the reason why we had heard arguments at some length in these two appeals filed by the appellant Manish Sisodia, former Deputy Chief Minister of Delhi, ...
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