Court : Supreme Court of India
REPORTABLE2024INSC49IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.335/ 2024 (Arising out of Special Leave to Appeal (Crl.) No.2877/2021) Mariam Fasihuddin & Anr. .Appellant(s) versus State by Adugodi Police Station & Anr. .Respondent(s) JUDGEMENT SURYA KANT, J.Leave granted.2. The Appellants assail the judgment dated 18.02.2021, passed by the High Court of Karnataka, at Bengaluru (hereinafter, High Court), whereby their Criminal Revision Petition challenging the order dated 15.03.2018 of the VI Additional Chief Metropolitan Magistrate, Bengaluru (hereinafter, Trial Magistrate) has been dismissed. Consequently, the Appellants prayer to discharge them in connection with FIR No.141/2010 under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter, IPC) 1 | Page registered at P.S. Adugodi, Bengaluru has been concurrently turned down. A. FACTS3 The brief facts that are relevant to the present proceedings are set out as foll...
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CA Nos. 6244-6245/2021 NON-REPORTABLE2024INSC62IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6244-6245 OF2021BOMBAY MERCANTILE COOPERATIVE BANK LTD. THROUGH ITS AUTHORIZED SIGNATORY APPELLANT(S) VERSUS M/S U.P GUN HOUSE & ORS. RESPONDENT(S) ORDER We have heard learned counsel for the appellant - Bombay Mercantile Cooperative Bank Ltd.1, Saeedul Hasan Khan, the sole proprietor of respondent No.1 - M/s. U.P. Gun House2, who appears in person and Mr. Shubhranshu Padhi, learned amicus curiae. The facts of the present case are peculiar. In 1996, Saeedul Hasan Khan, sole proprietor of the Gun House took loan of Rs. 2,00,000/- (rupees two lakhs only) from the Cooperative Bank to establish a firearms business. The loan was secured by mortgaging immovable property3. On 30.02.2002, the loan was declared a Non-Performing Asset, as an amount of Rs.2,39,812.41 (rupees two lakhs thirty nine thousand eight hundred twelve and forty one paisa only) was due and payable. On...
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REPORTABLE2024INSC84IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.516 OF2024[arising out of Special Leave Petition (Crl.) No.298 of 2023]. ATAMJIT SINGH APPELLANT(S) VERSUS STATE (NCT OF DELHI) & ANR. RESPONDENT(S) ORDER1 Leave granted.2. This is an appeal instituted at the instance of the original complainant of a complaint lodged under inter alia Section 138 of the Negotiable Instruments Act, 1881 (the NI Act) (the Underlying Complaint) assailing an order dated 06.09.2022 passed by the High Court of Delhi (the High Court) in CRL. M.C. No.556 of 2019 whereunder the High Court quashed an order dated 03.08.2017 passed by the Metropolitan Magistrate -10, South-East, Saket Court (the Trial Court) summoning Mr. Amrit Sandhu Coaster/Respondent No.2 in relation to the commission of an offence under Section 138 of the NI Act (the Impugned Order).3. The High Court by way of the Impugned Order deemed it appropriate to quash the underlying proceedings on the pr...
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Non-Reportable 2024 INSC48IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2024(arising out of SLP(Crl.) No.14423 OF2023 JAY SHRI & ANR. APPELLANT(S) VERSUS STATE OF RAJASTHAN RESPONDENT(S) ORDER Leave granted. With the consent of the learned counsel for the parties, we have taken up the appeal for hearing. Right to file reply is waived. We have heard learned counsel for the parties, including counsel for the complainant/informant, who has filed an application seeking impleadment, which is allowed impleading him as respondent No.2 to the present appeal. Prima facie, in our opinion, mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 18601, unless fraudulent or dishonest intention is shown right at the beginning of the transaction.2 This Court has time and again cautioned about converting purely civil disputes 1 For short, IPC. 2 Sarabjit Kaur v. State of Punjab and Another, (2023) 5 SCC360 Cr...
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1 REPORTABLE2024INSC105IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION No.OF2024(Arising from Diary No.50249/2023) IN CIVIL APPEAL NO.2085 OF2022AXIS BANK LIMITED APPLICANT/ APPELLANT(S) VERSUS NAREN SHETH & ANR. NON-APPLICANT(S)/ RESPONDENT(S) ORDER Delay condoned.2. This application is filed by the applicant- appellant seeking clarification of the judgment dated 12.09.2023 passed in Civil Appeal No.2085 of 2022.3. Heard learned counsel for the parties.4. The word "unsecured creditor" referred to in paragraph 20 of the judgment be now read as "secured creditor".5. Judgment dated 12.09.2023 is corrected to the above extent only. 25. Miscellaneous application is disposed of accordingly. ....................,J.(VIKRAM NATH) ....................,J.(SATISH CHANDRA SHARMA) NEW DELHI JANUARY19 2024 3 ITEM NO.4 COURT NO.8 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 50249/2023 AXIS BANK LIM...
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REPORTABLE2024INSC47IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2024(@ SLP(C) No.13486 OF2007 RAJA GOUNDER AND OTHERS ...APPELLANT(S) VERSUS M. SENGODAN AND OTHERS ...RESPONDENT(S) JUDGMENT S.V.N. BHATTI, J.1. Leave granted.2. The Defendant Nos. 3 to 5 in O.S. No.357 of 1985 before the Court of the Subordinate Judge, Sankari, Coimbatore District, Tamil Nadu, are the Appellants in the Civil Appeal. The Appellants assail the judgment and decree of the Trial Court and the High Court of Judicature at Madras, dismissing the suit filed by Respondent No.1 and Respondent No.2 for partition and separate possession of the plaint schedule properties. 1 I. FACTUAL BACKGROUND3 A genealogy is prefaced to appreciate the relationship between the parties: - 4. Respondent Nos. 1 and 2 in this Civil Appeal were the Plaintiffs in O.S. No.357 of 1985 before the Trial Court filed for partition and separate possession of plaint schedule properties. The plaint schedule consist...
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REPORTABLE2024INSC46IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO._303 OF2024(ARISING OUT OF S.L.P. (CRL.) No.12301 OF2023 KUSHA DURUKA Appellant(s) VERSUS THE STATE OF ODISHA Respondent(s) JUDGMENT RAJESH BINDAL, J.Leave granted.2. This is another case in which an effort has been made to pollute the stream of administration of justice.3. About three decades ago, this Court in Chandra Shashi v. Anil Kumar Verma1 was faced with a situation where an attempt was made to deceive the Court and interfere with the administration of justice. The litigant was held to be guilty of contempt of court. It was 1 (1995) 1 SCC4211 a case in which husband had filed fabricated document to oppose the prayer of his wife seeking transfer of matrimonial proceedings. Finding him guilty of contempt of court, he was sentenced to two weeks imprisonment by this Court. This Court observed as under:"1. The stream of administration of justice has to remain unpolluted so that pur...
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Reportable 2024 INSC51IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos 3736-3737 of 2023 State Bank of India and Ors .... Appellant(s) Versus The Consortium of Mr Murari Lal Jalan and Mr Florian Fritsch and Anr ....Respondent(s) WITH Civil Appeal Nos 4131-4134 of 2023 Civil Appeal Nos 6427-6428 of 2023 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI1This batch of appeals arises from three orders of the National Company Law Appellate Tribunal1. A Resolution Plan was submitted under the Insolvency and Bankruptcy Code, 20162 by a consortium of Murari Lal Jalan and Florian Fristch in respect of the Corporate Debtor (Jet Airways Limited). The Plan was voted upon and approved by the Committee of Creditors on 17 October 2020. The Resolution Professional then filed an application before the Adjudicating Authority to seek approval of the Resolution Plan. The Plan received the 1 NCLAT 2 IBC 2 imprimatur of the Adjudicating Authority the National Company Law Tribunal3 - on 2...
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2024 INSC45Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.212 OF2024Ramalingam & Ors. Appellants versus N. Viswanathan Respondent JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 The appellants have taken exception to the judgment and order dated 20th December 2018 passed by the learned Single Judge of the High Court of Judicature at Madras. The learned Additional District and Sessions Judge, Salem, had passed an order dated 9th January 2009 granting discharge to the appellants in the exercise of powers under Section 227 of the Code of Criminal Procedure, 1973 (for short CrPC). One Nanjundan, the husband of the deceased Siddammal, challenged the order of the learned Additional District and Sessions Judge by filing a revision application. The High Court, by the impugned judgment and order, has allowed the revision application and has remanded the case to the learned Additional District and Sessions Judge for holding trial. The Criminal Appeal ...
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2024 INSC44Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1933 OF2023The State of Assam and others Appellants Versus Binod Kumar and others Respondents JUDGMENT SANJAY KUMAR, J1 By judgment dated 05.12.2017, the Gauhati High Court allowed W.P(C). No.4752 of 2015 and held Rule 63(iii) of the Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007. This judgment is called in question by the State of Assam and its officials in the Home Department.2. While ordering notice on 07.01.2019, this Court directed that no coercive steps should be taken against the appellants on the basis of the impugned judgment. On 21.03.2023, this Court issued notice to the learned Attorney General for India, being of the opinion that his presence was necessary for effective adjudication of this appeal. 13. The core controversy in this case is as to who should be the Reporting Authority to initiate Annual Co...
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