Court : Supreme Court of India
REPORTABLE2023NSC733 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3339 of 2023 CENTRAL COUNCIL FOR RESEARCH IN APPELLANTS AYURVEDIC SCIENCES & ANR. VERSUS BIKARTAN DAS & ORS. RESPONDENTS JUDGMENT J.B. Pardiwala, J.:1. This appeal by special leave is at the instance of the Central Council for Research in Ayurvedic Sciences (CCRAS), Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Government of India (appellant No.1) and its Director General (appellant No.2). The two appellants before us were the original respondents before the High Court of Orissa. This appeal is directed against the judgment and order dated 17.12.2020 passed by the High Court of Orissa, Cuttack in W.P. (C) No.30620 of 2020 by which the High Court allowed the writ application filed by the original petitioner (respondent No.1) before us, setting aside the order passed by the Central Administrative Tribunal (CAT), Cuttack Bench, Cuttack and thereby holding tha...
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2023INSC734 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2023(Arising out of S.L.P. (Criminal) No.9492 of 2023) PESALA NOOKARAJU APPELLANT(S) VERSUS THE GOVERNMENT OF RESPONDENT(S) ANDHRA PRADESH & ORS. JUDGMENT J.B. PARDIWALA, J.:1. Leave granted.2. This appeal is at the instance of a detenu, preventively detained under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (1 of 1986) (for short, the Act 1986) and is directed against the order passed by a Division Bench of the High Court of Andhra Pradesh dated 07.03.2023 in Writ Petition No.33638 of 2022 filed by the appellant herein by which the Division Bench rejected the writ petition and 1 thereby declined to interfere with the order of preventive detention passed by the District Collector, Kakinada District, Andhra Pradesh dated 25.08.2022 in exercise of his pow...
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2023INSC732 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2023Arising out of SLP (C) No.3543 OF2019Y.P. LELE APPELLANT(S) VERSUS MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & Ors. RESPONDENT(S) JUDGMENT VIKRAM NATH, J.Leave granted.2. The appellant is the original defendant No.5, as described in the plaint of the Special Civil Suit No.125 of 1988.3. The present appeal assails the correctness of judgment and order dated 27.06.2018 passed by the 1 learned Single Judge of the Bombay High Court in Civil Writ Petition No.1488 of 2015 titled Maharashtra State Electricity Board vs. Miraj Electric Supply Co. Ltd. Ors., whereby the petition was allowed, the order dated 30.09.2014 passed by the Trial Court allowing the application under order IX Rule 13 of the Code of Civil Procedure, 19081 was set aside and the ex parte decree was maintained.4. Shorn of unnecessary facts, Maharashtra State Electricity Board2 filed Special Civil Suit No.125 o...
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2023 INSC711NonReportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4007 OF2019Commissioner of Service Tax, MumbaiII Appellant versus M/s 3I Infotech Ltd. Respondent with Civil Appeal No.7155 OF2019M/s 3I Infotech Ltd. Appellant versus Commissioner of Service Tax, Mumbai Respondent JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 These two appeals arise out of service tax demands on the basis of four Show Cause Notices. The notices C.A.No.4007 of 2019 etc. Page 1 of 15 were issued under Section 73 of the Finance Act, 1994 (for short the Finance Act) for the demand of service tax. The brief particulars of Show Cause Notices are as under: Show Cause Period Demand under Notice Date Taxable Service 1.4.2004 to Maintenance & 19/10/2009 31.3.2009 Repair 1.4.2009 to Information 20/10/2010 31.3.2010 Technology Software 1.4.2010 to Information 21/10/2011 31.3.2011 Technology Software 1.4.2011 to Information 22/10/2012 31.3.2012 Technology Software 2. The adjudicati...
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2023 INSC701NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5049 OF2023(Arising out of Special Leave Petition (C) No.478 of 2022) Union of India & Ors. Appellants v. K. Pushpavanam & Ors. ... Respondents JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 Leave granted.2. This appeal takes exception to the judgment and order dated 17th August 2021 passed by the High Court of Madras at Madurai Bench in a writ petition filed by the first respondent. A petition was filed by the first respondent seeking a writ of mandamus in the following terms: Special Leave Petition (C) No.478 of 2022 Page 1 of 11 .Therefore I most respectfully pray that this Hon'ble Court may be pleased to direct the Respondent No.1 to appoint the Chairman and other members of the 22nd Law Commission constituted through the notification in number F. No.A 45012/1/2018Admn. Ill (LA) dated 21.02.2020 in accordance with law within the time stipulated by this Hon'ble Court. Therefore I most re...
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NON-REPORTABLE2023INSC706IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRL.) No.99/2015 PRADYUMAN BISHT PETITIONER VS. UNION OF INDIA & ORS RESPONDENTS With Contempt Petition (C) No.353/2020 in Writ Petition (Crl.) No.99/2015 Special Leave Petition (C) No.2952/2020 Suo Moto Writ (Crl.) No.2/2021 Writ Petition (C) No.867/2021 Writ Petition (C) No.1422/2019 ORDER1 Would not hope for the litigants who visit the temples of justice dwindle, if the very halls of justice lack the shield of security?. How can the litigants secure justice for them when those entrusted to render justice are themselves insecure?. These are questions which disturb us to no end, considering certain recent happenings involving firing of gun shots within the precincts of courts in India.2. It is appalling that court premises in the national capital itself, in the past year or so, have witnessed at least three major incidents of gunfire. Preserving the sanctity of a court as a space...
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1 REPORTABLE2023INSC703IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2363 OF2023arising out of SLP (Crl.) No.9710/2023 [@Diary No.16317/2022]. SATHYAN APPELLANT Versus STATE OF KERALA RESPONDENT JUDGMENT SANJAY KAROL J., 1. This appeal is at the instance of the Accused-Appellant namely, Sathyan against the order and judgement dated 5th September, 2019 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.2822 of 20081, wherein his prayer to set aside the conviction in S.C. No.1140 of 2006 under Section 8 of the Abkari Act, was denied and the findings returned by 1 Hereinafter referred to as the "impugned judgement"2. Additional District & Sessions Judge, Fast Track (Ad Hoc-11), Kozhikode, in judgment dated 3rd November, 2008, were endorsed. BRIEF FACTS2 On 1stOctober 2003, the Appellant was arrested for carrying five litres of Arrack, in a jerry can, in his autorickshaw. The case was registered before the court of the Judicial Ist Clas...
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1 2023 INSC704REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL No.5068 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) No.20743 OF2021 DEVESH SHARMA Appellant Versus UNION OF INDIA AND ORS. Respondent(s) WITH CIVIL APPEAL NO(S).5122 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO(S). 17633 OF2023 @ D.NO.21388 OF2022WITH CIVIL APPEAL No.5070 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO.2069 OF2022 WITH CIVIL APPEAL NO(S). 5086 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO(S).17630 OF2023 @ D.NO.5464 OF2022WITH CIVIL APPEAL NO(S).5121 OF20232 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO(S).17632 OF2023 @ D.NO.12813 OF2022WITH CIVIL APPEAL No.5069 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO.2061 OF2022 WITH CIVIL APPEAL NO(S).5071-5084 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) NOS.2578-2591 OF2022 WITH CIVIL APPEAL No.5085 OF2023(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO.3222 OF2022 WITH CIVIL APPEAL NO(S). 5...
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REPORTABLE2023INSC708IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 3798 OF2023M/S LARSEN AIR CONDITIONING AND REFRIGRATION COMPANY APPELLANT(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. Aggrieved by the impugned judgment1 of the Allahabad High Court, the appellant has approached this court with a simple question of law, as to whether the High Court erred in modifying the arbitral award to the extent of reducing the interest, from compound interest of 18% to 9% simple interest per annum. Facts 2. The dispute between the appellant and Union of India (hereafter respondent-state) arose from a contract entered into pursuant to being awarded the tender. In the course of work, certain disputes arose. On 22.04.1997, the 1 Judgment dated 17.07.2019 passed by Allahabad High Court in First Appeal from Order No.1227/2003. 1 respondent-state referred the dispute to arbitration, and the proceedings closed on 24.10.1998. The tribunal p...
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REPORTABLE2023INSC705IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1030/2023 MANOJ KUMAR SONI APPELLANT VS. THE STATE OF MADHYA PRADESH RESPONDENTS WITH CRIMINAL APPEAL NO.1458/2023 KALLU @ HABIB APPELLANT VS. THE STATE OF MADHYA PRADESH. RESPONDENTS JUDGMENT DIPANKAR DATTA, J.1. These criminal appeals, by special leave, assail the common judgment and order dated 12th October, 2022 of the High Court of Madhya Pradesh, Bench at Jabalpur (High Court, hereafter) whereby Criminal Appeal No.10474 of 2019 and Criminal Appeal No.10549 of 2019 [appeals under Section 374(2) of the Criminal Procedure Code (Cr. PC, hereafter)]. carried by Manoj Kumar Soni (Manoj, hereafter) and Kallu @ Habib 1 (Kallu, hereafter), respectively, were dismissed. While Manoj assailed his conviction for the offence punishable under Section 411 of the Indian Penal Code, 1860 (IPC, hereafter) and sentence of rigorous imprisonment of three years with a fine of Rs. 5,000.00 and a default...
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