Court : Supreme Court of India
202 3 I N S C1082REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3865 OF2023(@ SLP (Crl.) No.12863 of 2023) RAM KISHOR ARORA APPELLANT(S) VERSUS DIRECTORATE OF ENFORCEMENT RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Leave granted.2. The present appeal is directed against the judgment and order dated 22.09.2023 passed by the High Court of Delhi at New Delhi, in Writ Petition (Crl.) No.2408/2023, whereby the High Court has dismissed the said petition seeking declaration that the arrest of the appellant on 27.06.2023 by the respondent Directorate of Enforcement (hereinafter referred to as the ED) was illegal and violative of the fundamental rights 1 guaranteed to the appellant under Articles 14, 20 and 21 of the Constitution of India, and seeking direction to release the appellant forthwith. The appellant had also sought direction to quash the order of remand dated 28.06.2023 passed by the ASJ/05, PMLA, Patiala House Courts, New Delhi (hereinaf...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE2023INSC1081IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1854 OF2023SUSHMA SHIVKUMAR DAGA & ANR. APPELLANTS Versus MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS. RESPONDENTS JUDGMENT SUDHANSHU DHULIA, J.1. The appellants before this Court were the plaintiffs in a civil suit, filed in the year 2021, seeking declaration that the Conveyance Deed dated 17.12.2019 to be declared null and void, and that the registered Development Agreements dated 17.09.2007, 20.11.2007, 30.11.2007, 03.12.2007 and 27.02.2008 stand validly terminated. The respondents/defendants moved an application under Section 8 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as Arbitration Act) for referring the matter to arbitration by 2 relying upon the arbitral clause in the two agreements dated 31.03.2007 and 25.07.2008. It was contended that the aforesaid agreements formed the basis of the Conveyance Deed and the Development Agreements which are subject matter of th...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE2023INSC1080IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1359 OF2023SAYUNKTA SANGARSH SAMITI & ANR. APPELLANTS Versus THE STATE OF MAHARASHTRA & ORS. RESPONDENTS JUDGMENT SUDHANSHU DHULIA, J.1. The appellants before this Court have challenged the order dated 22.10.2021 passed by the High Court of Judicature, Bombay, which has dismissed the Writ Petition of the appellants. The petition was for quashing of the order dated 26.10.2020 passed by respondent No.2 i.e. Slum Rehabilitation Authority, Maharashtra (hereinafter referred to as SRA).2. SRA had proposed a Slum Rehabilitation Scheme for the slum at CS No.1(pt) of Lower Parel Division at J.R. Boricha Marg. The project was for construction of a total built up area of 75854.716 sq. m., where 1765 slum dwellers were to be rehabilitated. Nine towers i.e. tower nos. A to I, 69 commercial tenements, 24 recreational tenements, 6 existing amenities, 19 2 balwadis, 19 welfare centres and 19 society offi...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023INSC1077IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5494 OF2013U.P. SINGH Appellant(s) VERSUS PUNJAB NATIONAL BANK Respondent(s) JUDGMENT RAJESH BINDAL, J.1. The workman is before this Court impugning the order1 passed by the Division Bench of the High Court2 in an intra court appeal3, whereby the order4 passed by the learned Single Judge in the Writ Petition5 was upheld. 1 Order dated 10.02.2011. 2 High Court of Delhi 3 Letters Patent Appeal No.481 of 2010 4 Order dated 26.02.2010. 5 Writ Petition No.7834 of 2003 1 2. The learned Single Judge of the High Court had set aside the award6 of the Tribunal7. Vide the aforesaid award, the prayer of the workman was accepted, and order dated 05.12.1984 deeming that the workman had voluntarily retired, was set aside. He was directed to be reinstated with full back wages along with interest and consequential benefits.3. The brief facts of the case, as are available on record, are that the workman wa...
Tag this Judgment!Court : Supreme Court of India
2023 INSC1072NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2490 OF2014CHHOTE LAL APPELLANT VERSUS ROHTASH & ORS. RESPONDENTS JUDGMENT PANKAJ MITHAL, J.1. Heard learned counsel for the parties.2. Out of the ten accused persons before the Court of Sessions, six were convicted for the offences under Sections 148, 201/149 and 302/149 of the Indian Penal Code1 and separate punishment for each of the offences was prescribed, the maximum being imprisonment for life with a fine of Rs.5,000/- and in default thereof, to undergo further imprisonment of six 1 Hereinafter referred to as IPC Page 1 of 7 months under Section 302/149 IPC. The said conviction and sentence has been set aside by the High Court vide impugned judgment and order dated 20.11.2008.3. Aggrieved by the acquittal of all the six accused, the appellant/complainant Chhote Lal has preferred this appeal.4. The sole submission of the learned counsel for the appellant is that in matters...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023INSC1074IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.14524 OF2015UNION OF INDIA & ORS APPELLANT(S) VERSUS AIR COMMODORE NK SHARMA (17038) ADM/LGL RESPONDENT(S) JUDGMENT SANJAY KAROL J., 1. This Civil Appeal, under Section 31(1)1 of the Armed Forces Tribunal Act, 20072 at the instance of the Union of India, is directed against the judgment and order dated 30th November 2015, passed by the Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.537 of 2014. 131. Leave to appeal.(1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme Court that the point is one which ought to be considered by that Court. 2 Referred to as the Act 1| [Civil Appeal No.14524 of 2015]. For ease, the Union of India is hereafter referred to as the A...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023INSC1076IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7107 OF2017SHAKTI YEZDANI & ANR. APPELLANT(S) VERSUS JAYANAND JAYANT SALGAONKAR & ORS. RESPONDENT(S) JUDGMENT Hrishikesh Roy, J.1. Heard Mr. Abhimanyu Bhandari, learned counsel appearing for the appellants. Also heard Mr. Rohit Anil Rathi, learned counsel representing respondent No.1. Mr. Aniruddha A. Joshi, learned counsel appears for respondent nos. 4, 6, 7 and 8.2. The appellants and respondent nos. 1 to 9 are the legal heirs and representatives of an individual Jayant Shivram Salgaonkar. The family patriarch executed a will on 27.06.2011 making provisions for the devolution of his estates upon the successors. Page 1 of 43 Apart from the properties mentioned in the will, the testator had certain fixed deposits (FDs) for the sum of Rs. 4,14,73,994/- in respect of which the respondent nos. 2, 4 and appellant No.2 were made nominees. Additionally, there were certain mutual fund investments...
Tag this Judgment!Court : Supreme Court of India
2023 INSC1078Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3864 OF2023(Arising out of Special Leave Petition (Crl.) No.7041 of 2016) Manik Hiru Jhangiani Appellant versus State of M.P. Respondent JUDGMENT ABHAY S. OKA, J.1. Leave granted. FACTUAL ASPECTS2 Various provisions of the Food Safety and Standards Act, 2006 (for short, the FSSA) were brought into force on different dates. The Prevention of Food Adulteration Act, 1954 (for short, the PFA) was repealed with effect from 5th August 2011, as provided in sub-section (1) of Section 97 of the FSSA.3. The appellant was, at the relevant time, a Director of M/s. Bharti Retail Limited, (for short, Bharti), a company that is engaged in the business of operating retail stores under the name of Easy Day having its outlets all over the country. A Food Inspector appointed under the PFA visited a shop owned Criminal Appeal @ S.L.P. (Crl.) no.7041 of 2016 Page 1 of 15 by Bharti in Indore and purcha...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE2023INSC1070IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.___________ OF2023(@ SPECIAL LEAVE TO APPEAL (C) No.21335 OF2022 State of Haryana and Others Appellants Versus Dinesh Singh and Another Respondents JUDGMENT Justice Aravind Kumar, J.1. Leave granted.2. The broad issue at hand relates to recruitment and appointment to the posts in the Haryana Civil Service (Executive Branch)1. The process of recruitment to the posts in the Service are governed by Haryana Civil Service (Executive Branch) Rules, 2008 [for short, the Rules].. 1 Hereinafter referred to as Service 2 3. Part II2 of the Rules is titled Recruitment to Service. For a person to be appointed in the Service, Rule 73 requires that such persons name must be found in one or other of the registers of Accepted Candidates to be maintained under these rules. Rule 84 requires the Chief Secretary to maintain Registers of Accepted Candidates. From among the various Registers to be maintained, ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023INSC1075IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.________OF2023(Arising out of Special Leave Petition (Civil)No.14445 of 2021) MOHAMMED ABDUL WAHID APPELLANT(S) Versus NILOFER & ANR. RESPONDENT(S) JUDGMENT SANJAY KAROL, J.Leave Granted.2. In adjudicating this appeal, the thought to be borne foremost in mind is that every trial is a search of truth. This purpose is succinctly captured in the following terms in American Jurisprudence, Second Edition, 2007: The purpose of trial is to determine the validity of the allegations. The objective is to secure a fair and impartial administration of justice between the parties to the litigation and not the achievement of a hearing wholly free from errors. Once a civil action has been instituted and issue is joined upon the pleadings, there must be a trial on the issue before a judgment may be rendered. Trial is not a contest between lawyers but a presentation of facts to which the law may be applied ...
Tag this Judgment!