Court : Supreme Court of India
REPORTABLE2024INSC154IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.664665 / 2024 (Arising out of Special Leave to Appeal (Crl.) Nos.18521853/ 2024) (Arising out of Diary No.15720/2020) State of Punjab .Appellant(s) versus Gurpreet Singh & Ors. .Respondent(s) JUDGEMENT SURYA KANT, J.Delay condoned.2. Leave granted.3. These appeals are directed against the judgment dated 05.12.2019, passed by the High Court of Punjab and Haryana at Chandigarh (hereinafter, High Court), allowing Criminal Appeal, CRAD1606DB2015 (O&M) filed by Gurpreet Singh, Kashmira Singh and Jagdeep Singh (Respondent Nos. 13) and Criminal Revision, CRR29422015 (O&M) filed by Harpreet Singh against their conviction awarded by the Learned Additional Sessions Judge, Ludhiana (hereinafter, Trial Court) vide judgments dated 29.09.2015 and 02.07.2015 respectively. The High Court has, through the impugned judgment, acquitted all the four Respondents of the charges under Section 302 read with ...
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REPORTABLE2024INSC86IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2024(Arising out of SLP(C)No.18612 of 2015) JAGMOHAN AND ANOTHER Appellant(s) VERSUS BADRI NATH AND OTHERS Respondent(s) JUDGMENT RAJESH BINDAL, J.Leave granted.2. The defendants are before this Court challenging the concurrent findings of fact recorded by all the courts below.3. It is a case in which the respondents had filed a suit1 on 25.01.1984 for possession by pre-emption of the plot measuring 719 square yards, situated at Light Railway Bazar, Jagadhri (hereinafter referred to as the property in dispute). 1 Civil Suit No.309 1 The Trial Court2 decreed the suit. The judgment and decree3 of the Trial Court was upheld upto the High Court4.4. The facts in brief are that the respondents (plaintiffs in the suit) claimed themselves to be the tenants in the property in dispute since 1949. The property in dispute was owned by Anarkali and others. The same was sold by the owners thereof to th...
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2024 INSC87REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2852 OF2023VELTHEPU SRINIVAS AND OTHERS ...APPELLANT(S) VERSUS STATE OF ANDHRA PRADESH RESPONDENT(S) (NOW STATE OF TELANGANA) AND ANR. JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.1. This criminal appeal by appellants (accused 1 to4) is against the concurrent conviction under Section 302 read with Section 34 and sentence for life imposed by the Trial as well as the Telangana High Court. For the reasons to follow, while we confirm the judgment and sentence with respect to A-1, A-2 and A-4, the conviction and sentence of A-3 is however modified to Section 304 Part II and sentenced to 10 years imprisonment. The details of the crime, trial, decisions of the Courts, followed by our analyses and conclusions are as follows.2. The case of the prosecution is that the accused 1 to 4 belonging to the same family, and the deceased, come from the 1 same village - Janda Venkatpur, Asifabad, Telangana. I...
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2024 INSC96REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024[Arising out of Special Leave Petition (Crl.) No(s). 5104 of 2022]. RAJASEKAR APPELLANT(S) VERSUS THE STATE REP. BY THE INSPECTOR OF POLICE RESPONDENT(S) ORDER1 Leave granted.2. The Appellant before us is aggrieved by the judgement dated 26.10.2021 passed by the High Court of Judicature at Madras in Criminal Appeal No.176 of 2017 whereby the High Court dismissed the appeal preferred by the Appellant and confirmed the judgement dated 03.02.2017, passed by the Sessions Court--convicting the Appellant for offences u/S. 3(a) r/w Sec. 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.3. At the outset, it must be noted that vide order dated 12.07.2022, this Court issued notice only on the quantum of SLP(Crl.) No.5104 of 2022 Page 1 of 3 sentence awarded to the Appellant. Therefore, only that limited question is required to be considered by this Court.4. Vide t...
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2024 INSC83REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7238 OF2009UNION OF INDIA AND ORS. APPELLANT(S) VERSUS M/S. B. T. PATIL AND SONS BELGAUM (CONSTRUCTION) PVT. LTD. RESPONDENT(S) JUDGMENT UJJAL BHUYAN, J.Appellants i.e., Union of India, Director General of Foreign Trade and Joint Director General of Foreign Trade by means of this civil appeal have taken exception to the judgment and order dated 22.08.2008 passed by a Division Bench of the High Court of Karnataka, Circuit Bench at Dharwad in Writ Appeal No.356 of 2006 affirming the judgment and order of the learned Single Judge dated 22.09.2005 allowing Writ Petition No.45525 of 2004 filed by the respondent. 22. Facts lie within a narrow compass. Nonetheless, for a determination of the lis, it would be necessary to briefly narrate the relevant facts as projected by the respondent in the related writ petition. 2.1. Respondent is a class-I contractor specializing in the field of civil contract...
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2024 INSC99REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024[Arising out of Special Leave Petition (Crl.) No(s). 8845 of 2023]. ABDUL JABBAR APPELLANT(S) VERSUS THE STATE OF HARYANA & ORS. RESPONDENT(S) ORDER1 Leave granted.2. The decision of the High Court of Punjab & Haryana (the High Court) in Criminal Revision Petition bearing number CRR No.3005 of 2013 is assailed before us.3. The Appellant was prosecuted along with 3 (three) other persons for offences punishable under Section 452, Section 323 and Section 325 of the Indian Penal Code (the IPC). Thereafter, vide an order dated 22.04.2013, the Appellant came to be convicted by the Chief Judicial Magistrate, Nuh, Haryana (the Trial Court) in relation to offences punishable under (i) Section 323 read with Section 34; and (ii) Section 325 read with Section 34 of the IPC. Accordingly, the Trial Court sentenced the Appellant as under: SLP (Crl.) No.8845 of 2023 Page 1 of 3 Offence(s) P...
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2024 INSC101REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024[Arising out of Special Leave Petition (Crl.) No(s). 9013 of 2023]. MAMIDI ANIL KUMAR REDDY APPELLANT(S) VERSUS THE STATE OF ANDHRA PRADESH & ANR. RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). OF2024[Arising out of Special Leave Petition (Crl.) No(s). 9015 of 2023]. ORDER1 Leave granted.2. Both the appeals are being disposed of by the present common order.3. The present appeals arise out of orders dated (i) 11.11.2022 in Criminal Petition No.5710 of 2021 (the Impugned Order I) and (ii) 23.11.2022 in Criminal Petition No.2768 of 2022 (the Impugned Order II), passed by the High Court of Andhra Pradesh (collectively referred to as the Impugned Orders). SLP (Crl.) No.9013 of 2023 Page 1 of 74. Vide the Impugned Orders, the High Court refused to quash the Docket Order dated 20.07.2021 which reinitiated criminal proceedings against the Appellants for offences u/s. 420, 498A, 506 of t...
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2024 INSC82Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Special Leave Petition (Crl.) No.2888 of 2023 Bhaggi @ Bhagirath @ Naran Petitioner Versus The State of Madhya Pradesh Respondents ORDER1 The petitioner-convict seeks to assail the judgment dated 11.10.2018 of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.5725 of 2018.2. In troth, it is a common judgment in Criminal Reference No.6/2018 submitted by the Trial Court under Section 366 of the Code of Criminal Procedure, 1973 (Cr.PC) for confirmation of the conviction under Section 376 AB of the Indian Penal Code, 1860 (IPC) as amended by Act No.22 of 2018 and in Criminal Appeal No.5725 of 2018 filed by the petitioner-convict herein aggrieved by the conviction and sentence imposed against him for certain other offences under the IPC, as also against the conviction under the Protection of Children from Sexual Offences Act, 2012 (for Page 1 of 17 short, POCSO Act). As per the impugned judg...
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2024 INSC100REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). OF2024[Arising out of Special Leave Petition (Civil) No(s). 16030 of 2018]. VINOD KANJIBHAI BHAGORA ...APPELLANT(S) VERSUS STATE OF GUJARAT & ANR. RESPONDENT(S) ORDER1 Leave granted. The decision of the High Court of Gujarat (the High Court) in Special Civil Application No.22341 of 2017 whereunder, the High Court declined to exercise its jurisdiction under Article 226 of the Constitution of India, is assailed before us (the Impugned Order).2. The Appellant was engaged by the Central Government as a Postal Assistant in the Gandhinagar Postal Division on 12.08.1983 and thereafter continued to serve in the aforesaid role up until 16.07.1993.3. In the interregnum, an invitation for application(s) for recruitment to the post of Senior Assistant in the Ministry of Health and Medical Services, Government of Gujarat (the State Government) came to be issued. Accordingly, the Appellant SLP(C) No...
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REPORTABLE2024INSC80IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 235-236 OF2024THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA APPELLANT VERSUS RNS SHANMUGAVELU RESPONDENT JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided in the following parts:- INDEX A. FACTUAL MATRIX ............................................................................. 3 B. IMPUGNED ORDER .......................................................................... 13 C. SUBMISSIONS OF THE APPELLANT ............................................ 17 D. SUBMISSIONS OF THE RESPONDENT ......................................... 18 E. ANALYSIS (Points for Determination) .............................................. 19 i) Legislative History and Scheme of the SARFAESI Act ..................... 20 ii) Applicability of Section(s) 73 & 74 of the 1872 Act to Forfeiture under the SARFAESI Rules. ...............................................................
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