Court : Supreme Court of India
2023 INSC911Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2350 OF2011Mohd. Rijwan Appellant versus State of Haryana Respondent JUDGMENT ABHAY S. OKA, J.1. The Sessions Court convicted the appellant-accused for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short, IPC). He was sentenced to undergo life imprisonment for the offence punishable under Section 302 read with Section 34 of IPC. He was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 201 read with Section 34 of IPC. His conviction and sentence have been confirmed by the High Court by the impugned judgment.2. One Chander Bhushan (PW-10) is the complainant. He is the brother of the deceased Vidya Sagar alias Bhushan. He Criminal Appeal No.2350 of 2011 Page 1 of 6 complained that at about 02:00 p.m. on 17th February 2004, the deceased had gone to the factory by his moto...
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2023 INSC912NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.3191 OF2023[Arising out of SLP (Crl.) No.3010 of 2023]. YUSUF @ ASIF APPELLANT VERSUS STATE RESPONDENT JUDGMENT PANKAJ MITHAL, J.1. Leave granted.2. Heard Mr. Narendra Hooda, learned Senior counsel for the appellant and Ms. Aishwarya Bhati, learned Additional Solicitor General for the respondent. 1 | 10 3. On the basis of the information received by the Intelligence Officer of Narcotics Control Bureau1, a lorry parked near Puzhal Central Jail, Chennai, was intercepted by NCB on 28.03.2000 early in the morning. Four persons were found in the lorry and upon search, they were found in possession of commercial quantity i.e. 20 kgs of heroin kept in two jute bags. The samples were drawn from each of the packets i.e. 14 big and 12 small polythene packets kept in the two jute bags and they were seized under a seizure memo i.e. Mahazar. All the four persons were arrested after receiving t...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3991/2023 COMMISSIONER, CUSTOMS CENTRAL EXCISE AND SERVICE TAX, PATNA APPELLANT VS. M/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. & ORS. RESPONDENTS WITH CIVIL APPEAL No.3992/2023 UNION OF INDIA & ORS. APPELLANTS VS. M/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. RESPONDENTS JUDGMENT DIPANKAR DATTA, J.PREFACE1 We are tasked to decide two civil appeals that centre around a common question: whether the educational institutions in question, viz. (i) the Indian Institute of Technology, Patna (IIT Patna, hereafter) and (ii) the National Institute of Technology, Rourkela (NIT Rourkela, hereafter), are covered 1 by the definition of governmental authority in Mega Service Tax Exemption Notification1 (Exemption Notification, hereafter) inter alia exempting various services from the tax network rendered to government, governmental, or local authorities. If governmental authority as defined in the Exemption Notific...
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2023 INSC906REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5721 OF2023(Arising out of SLP (C) No.20137 OF2023 STATE OF U.P. & ANR. APPELLANTS Versus EHSAN & ANR. RESPONDENTS JUDGMENT MANOJ MISRA, J.1. This appeal is directed against the judgment and order of the High Court1 dated 08.10.2018, passed in Writ C No.21009 of 2012, by which the writ petition of the first respondent2 was disposed of by declaring that the land in dispute shall continue to be in possession of the original petitioner and would not be treated as surplus land as he is entitled to the benefits of the Urban Land (Ceiling and Regulation) Repeal Act, 19993. In addition to the above, a direction was issued to the Competent Authority (Urban Ceiling) Saharanpur4 to ensure that the name of the original petitioner is restored in the revenue records. 1 High Court of Judicature at Allahabad 2 The original petitioner 3 The Repeal Act, 1999 4 The Competent Authority Civil Appeal No.5721...
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2023 INSC937NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6736 OF2023(Arising out of S.L.P.(Civil) No.22744 of 2023) PANKAJ KUMAR TIWARI ... APPELLANT(S) VS. INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH & ORS. ... RESPONDENT(S) JUDGMENT ABHAY S.OKA J.Leave granted.2. It is not necessary to serve notice to the second to eleventh respondents. Notice is accepted by the learned counsel for the first respondent.3. By the impugned order dated 27th September, 2023, a Division of the Bombay High Court stayed an order passed by a Civil Court in Bihar by entertaining a petition under Article 226 of the Constitution of India.4. Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the first respondent. Civil Appeal @ SLP(Civil)No.22744 of 2023 Page 1 of 115. The present appeal discloses a shocking state of affairs. The first respondent is a nationalized bank. The second respondent was the borrower wh...
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1 2023 INSC907REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 266-267 OF2015Harvinder Singh @ Bachhu Appellant Versus The State of Himachal Pradesh Respondent JUDGMENT M. M. Sundresh, J.1. Conviction rendered for life imprisonment by the Division Bench of the High Court of Himachal Pradesh, by setting at naught the order of acquittal rendered by the Additional Sessions Judge (Presiding Officer), Fast Track Court, Solan, Himachal Pradesh, is under challenge in these appeals. BRIEF FACTS2 The appellant, along with the co-accused (since deceased), was charged under Sections 302, 376, 511, 454, 380 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC). The case of the prosecution is that PW1 while making a visit to his cow-shed on 17.06.2003 at about 3.15 pm heard the cries of the deceased frantically asking him for help stating Mama ji Bachao. He went to the house of the deceased, and called out the name of her...
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2023 INSC989REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1485 OF2011KAMALAKAR APPELLANT VERSUS STATE OF KARNATAKA RESPONDENT JUDGMENT VIKRAM NATH, J.1. This Appeal is by the accused challenging the order of conviction and sentence passed by the High Court of Karnataka in Criminal Appeal No.102/2022 on 7.11.2007.2. FACTS OF THE CASE:2. 1. The case pertains to offences relating to cruelty towards deceased at her matrimonial home under Section 498A IPC and subsequent allegations of abetment to suicide under Section Criminal Appeal No.1485 of 2011 Page 1 of 15 306 IPC. The deceased, who is the informants daughter, was married to the appellant for four and a half years until her death in 1994. After their marriage, the couple resided in their matrimonial home in Chinkera Village along with the appellants parents. The prosecution alleges that after two years of marriage, all the three accused, i.e., the appellant and his parents, started ill-tre...
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REPORTABLE IN THE SUPREME COURT OF INDIA2023INSC966CIVIL APPELLATE JURISDICTION CIVIL APPEALS NO . 6232-6236 OF2013NUTAN KUMARI APPELLANT VERSUS B.R.A. BIHAR UNIVERSITY AND OTHERS RESPONDENTS ORDER1 The appellant1 is aggrieved by the judgment dated 16th May, 2011, passed by the Division Bench of the High Court of Patna whereunder the appeals2 filed by the respondents No.5 to 8 herein working as Physical Training Instructors3 in four different colleges under the respondent No.1- University were allowed and the judgment of the learned Single Judge dated 10th February, 2011 passed in CWJC No.14680 of 2020 filed by the appellant terminating their services was quashed. It was further clarified that if the respondent No.1 University, including the Chancellor were so inclined, they would be entitled to proceed afresh with the inquiry directed to be conducted in the matter after due notice to the private respondents herein. 1 Parties have been described in the manner in which they have been a...
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REPORTABLE2023INSC908IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8516 OF2011UCO BANK AND OTHERS Appellants VERSUS M.B. MOTWANI (DEAD) THR. LRS. & OTHERS Respondents JUDGMENT RAJESH BINDAL, J.1. The challenge in the present appeal is to the judgment1 of the High Court2 passed in A Writ Petition3. Vide the aforesaid judgment, the Division Bench of the High Court had set aside the order dated 03.03.1993, passed by the appellant-Bank, wherein the 1 Dated 30.07.2009. 2 High Court of Bombay 3 Writ Petition No.15 of 1995. 1 punishment of dismissal was imposed upon the respondent no.1 and the order dated 23.07.1993, by which the appeal filed by him was dismissed by the Appellate Authority. FACTS2 Briefly the facts, available on record, are that the respondent no.1 was appointed as an Apprentice in the appellant- Bank4 in the year 1952. In the year 1974, he was posted as a Branch Manager at Moradabad Branch. From there, he was transferred to Calcutta Main Branch ...
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REPORTABLE2023INSC909IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4188 OF2013M/s MATHOSRI MANIKBAI KOTHARI COLLEGE OF VISUAL ARTS Appellant(s) VERSUS THE ASSISTANT PROVIDENT FUND COMMISSIONER Respondent(s) JUDGMENT RAJESH BINDAL, J.1. The order dated 30.09.2011, passed by the Division Bench of the Gulbarga Bench of the Karnataka High Court in a Writ Appeal1 has been impugned by the appellant before this Court. Vide aforesaid order, the Division Bench has upheld the order dated 10.06.2011, passed by the learned Single Judge in Writ Petition2. The Single Judge 1 Writ Appeal No.10133 of 2011. 2 Writ Petition No.80995 of 2011. 1 upheld the order3 passed by the Tribunal4 dated 24.12.2010 and also upheld the application of EPF Act5 to the appellants institution.2. Briefly the facts, available on record, are that the Ideal Fine Arts Society6 runs two institutions, namely, the Ideal Institute of Fine Arts7 and Mathosri Manikbai Kothari College of Visual Arts8. B...
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