Court : Supreme Court of India
2024 INSC414REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024(Arising out of SLP(Crl.) NO(S). OF2024 (D.No.42896/2023) PRABIR PURKAYASTHA .APPELLANT(S) VERSUS STATE(NCT OF DELHI) RESPONDENT(S) JUDGMENT Mehta, J.1. Leave granted.2. The instant appeal by special leave is preferred on behalf of the appellant for assailing the order dated 13th October, 2023 passed by learned Single Judge of the High Court of Delhi whereby the learned Single Judge dismissed the Criminal Miscellaneous Case No.7278 of 2023 filed by the appellant seeking the following directions: - 1 "A. Declare the arrest of the Petitioner as illegal and in gross violation of the fundamental rights of the Petitioner guaranteed under Article 21 and 22 of the Constitution of India in relation to FIR No.224/2023 dated 17.08.2023 PS Special Cell, Lodhi Road, Delhi Police; B. Declare and set aside the Remand Order dated 04.10.2023 passed by the Ld. Special Judge, Patiala House C...
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2024 INSC422REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2281 OF2011RAJENDRA S/O RAMDAS KOLHE APPELLANT(S) VERSUS STATE OF MAHARASHTRA RESPONDENT(S) JUDGMENT UJJAL BHUYAN, J.Heard learned counsel for the parties.2. This appeal is directed against the judgment and order dated 15.11.2010 passed by the High Court of Judicature of Bombay, Bench at Aurangabad (hereinafter the High Court) dismissing Criminal Appeal No.635 of 2008, Rajendra Ramdas Kolhe Vs. State of Maharashtra, filed by the appellant thereby confirming the judgment and order dated 23.07.2008 passed by the 3rd Ad Hoc Additional Sessions Judge, Ambajogai (trial court hereinafter) in Sessions Case No.60/2006. 22.1. It may be mentioned that by the judgment and order dated 23.07.2008, the trial court had convicted the appellant for committing an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) and sentenced to suffer life imprisonment and...
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2024 INSC461REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.406 OF2013IN RE- INHUMAN CONDITIONS IN1382PRISONS ORDER (I) CONTEXT1 Pursuant to our order dated 23rd April, 2024, Mr. Gaurav Agrawal, learned Amicus Curiae1 has filed a Note summarising details of information2 received from the States of Bihar, Punjab, Chhattisgarh, Rajasthan, Jharkhand, Odisha, and Kerala.2. The AC submits that the State of Uttar Pradesh has also filed a report which runs into more than 300 pages; likewise stands the position for the States of Andhra Pradesh, West Bengal and Madhya Pradesh all their reports/responses are voluminous. Mr. Agrawal submits that these three States (supra) may file additional affidavits in terms of the order dated 23rd April, 2024, for which purpose some time be granted.3. It is also submitted that further affidavits have been received from the States of Telangana, Assam, Gujarat, Tamil Nadu and Maharashtra. He requests for time to fi...
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2024 INSC410REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2646 OF2009BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SINGH MALIK APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR. RESPONDENT(S) WITH C.A. No.2647 OF2009DELHI HIGH COURT BAR ASSOCIATION THROUGH ITS PRESIDENT APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR. RESPONDENT(S) WITH C.A. No.2648 OF2009BAR COUNCIL OF INDIA THROUGH BY ITS SECRETARY MR. S. RADHAKRISHNAN APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR. RESPONDENT(S) 1 WITH C.A. No.2649 OF2009M. MATHIAS APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. An important question of law pertaining to the Legal Profession as a whole that has fallen for consideration before this Court is whether a complaint alleging deficiency in service again...
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Non-reportable 2024 INSC412IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICITON CIVIL APPEAL NOS. 9751-9752 OF2011The Divisional Forest Officer, Munnar, Kerala, and another .. Appellants Versus P.J.Antony, etc. .. Respondents JUDGMENT SANJAY KUMAR, J1 These appeals arise out of the judgment dated 13.08.2010 passed by the High Court of Kerala at Ernakulam in W.P. (C) Nos. 18493 and 19478 of 2006. Thereby, the High Court allowed the writ petitions and set aside the order of confiscation of sandalwood dated 23.02.2004, which had been confirmed by the learned District Judge, Thodupuzha, in C.M.A. No.39 of 2004. In consequence, the Forest Department of the State was directed to proceed on the basis of the application made by the writ petitioners in accordance with Government Order dated 1 03.04.1973. Aggrieved by this judgment and the directions therein, the State of Kerala and its Divisional Forest Officer, Munnar, filed these appeals.2. P.J.Antony and Cheriyan Kuruvila, the responde...
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1 REPORTABLE2024INSC411IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5026 OF2023BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. . APPELLANT VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS. ...RESPONDENT JUDGMENT PRASHANT KUMAR MISHRA, J.1. The legal issue in this appeal, concerns restitution of a judgment debtor on a decree being varied, reversed, set aside or modified as it is statutorily recognised in Section 144 of the Code of Civil Procedure, 1908.1 The decree passed by the Trial Court in the present case was varied by the appeal court. 1 CPC 2 However, in the meantime, the decree was executed by sale of the judgment debtors property on 23.09.1985 in favour of the decree holders, including respondent Nos. 1 and 2.2. After the decree was varied by the Appellate Court, the appellant/judgment debtor applied for restitution by invoking Section 144 CPC. The Trial Court, Appellate Court and the second Appellate Court as well, under impugned judgme...
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2024 INSC408NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6394 OF2024(Arising out of Special Leave Petition (C) No.4974 of 2021) M/S. EMBIO LIMITED APPELLANT(S) VERSUS DIRECTOR GENERAL OF FOREIGN TRADE & ORS. RESPONDENT(S) JUDGMENT ABHAY S. OKA, J.1. The appellant filed a Writ Petition under Article 226 of the Constitution of India before the Karnataka High Court, challenging the order imposing a penalty of Rs. 23,38,882/ under the provisions of Section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992 (for short, the FT Act). The said Writ Petition was dismissed. By the impugned judgment, a Writ Appeal against the order of the learned Single Judge was dismissed.2. The appellant was formerly known as Emmellen Biotech Pharmaceuticals Limited, which amalgamated with Karnataka Malladi Biotics Limited based on an order of the Bombay High Court dated 24th March 2009. Civil Appeal @ SLP(C) 4974 of 2021 Page 1 of 8 FACTUAL ASPECT3 A ...
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CA63512024 2024 INSC415Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 6351 of 2024 (Arising out of SLP (C) No 10492 of 2023) Dharnidhar Mishra (D) and Another Appellants Versus State of Bihar and Others Respondents ORDER1Application for substitution to bring on record the legal heirs of the first petitioner is allowed. Cause title be amended accordingly. 2 Leave granted. 3 This appeal arises from a order passed by the High Court of Judicature at Patna dated 7 February 2023 in the Letters Patent Appeal No 997 of 2019 in Civil Writ Jurisdiction Case No 8408 of 2019 by which the Division Bench of the High Court disposed of the Letters Patent Appeal by asking the appellant herein to file an appropriate application before the concerned authority for disbursement of the value of the land assessed at Rs 4,68,099. 1 CA63512024 4 The facts giving rise to this appeal may be summarized as under: In the year 1976, a notification under Section 4 of the Land Ac...
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Reportable 2024 INSC407IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 2531-2532 OF2024(@ SPECIAL LEAVE PETITION (Crl.) NOS.10504-10505 OF2023 SHENTO VARGHESE APPELLANT VERSUS JULFIKAR HUSEN & ORS. ...RESPONDENTS JUDGEMENT Aravind Kumar J.1. Leave granted.2. These appeals have been preferred at the instance of the first informant in Crime No.318 of 2022. By the impugned order dated 09.08.2023, passed in Crl. O.P. Nos.14029 & 14031 of 2023 and Crl. M.P. Nos.8658 of 2023, the High Court of Madras has allowed the claim of the Respondents-accused for de-freezing of their bank accounts. The High Court has ordered for de-freezing on the specific ground that there was delay on part of the police in reporting the seizure to the jurisdictional Magistrate. 1 The facts in the instant case, which we shall advert to later below, have given rise to following question of law: What is the implication of non-reporting of the seizure forthwith to the jurisdictional Mag...
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Reportable 2024 INSC403IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. of 2024 (@ SPECIAL LEAVE PETITION (CIVIL) No.15290 OF2021 SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD APPELLANT(S) VERSUS RAGHACHAND ASSOCIATES RESPONDENT(S) WITH CIVIL APPEAL NO.____ ____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.16430/2021) WITH CIVIL APPEAL NO.____ ____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.16513/2021) WITH CIVIL APPEAL NO.___ _____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.15827/2021) WITH CIVIL APPEAL NO.___ _____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.16811/2021) 1 WITH CIVIL APPEAL NO.___ _____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.16718/2021) WITH CIVIL APPEAL NO.____ ____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.16815/2021) AND CIVIL APPEAL NO.___ _____ OF2024(@SPECIAL LEAVE PETITION(CIVIL) No.15489/2021) JUDGMENT Aravind Kumar, J.1. Leave granted.2. The appellant (OP/service provider, used interchangeably) has challen...
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