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Aug 18 2020 (SC)

Centre for Public Interest Litigation Vs. Union of India

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.546 OF2020CENTRE FOR PUBLIC INTEREST LITIGATION ...PETITIONER(S) VERSUS UNION OF INDIA ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.From the beginning of this year, 2020, the world including our country is in the grip of a pandemic known as Novel Coronavirus (COVID-19). On 31.12.2019, a cluster of cases of pneumonia of unknown cause in the city of Wuhan, Hubei Province in China was reported to the World Health Organisation (WHO). This was subsequently identified as a new virus in January, 2020 and over the following months, the number of cases continued to rise but were not 2 contained to China and showed exponential growth worldwide. Due to the global rise in cases, this was declared a pandemic on 11.03.2020 by the WHO. The number of affected persons is increasing worldwide. Although, substantial population is also recovering from it but India witnessed exponential growth in number of cases i...

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Aug 14 2020 (SC)

M. Radha Hari Seshu Vs. The State of Telangana

Court : Supreme Court of India

[email protected](Crl.)No.2053 of 2020 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.521 OF2020[Arising out of S.L.P.(Crl.)No.2053 of 2020]. M. Radha Hari Seshu ..Appellant Versus The State of Telangana ..Respondent ORDER Leave granted. This criminal appeal is filed by the appellantaccused, 1.2. aggrieved by the order dated 20th March 2019 passed in I.A.No.1 of 2019 in Criminal Appeal No.1325 of 2016 by the High Court for the State of Telangana at Hyderabad. By the aforesaid order, High Court dismissed the application filed by the appellant herein under Section 389(1) of the Code of Criminal Procedure seeking suspension of sentence imposed in Sessions Case No.306 of 2013 by the learned III Additional District & Sessions Judge, Ranga Reddy District at L.B. Nagar vide judgment dated 14.12.2016.3. Based on the complaint dated 07.12.2011 filed by the de facto complainant a case was registered against the appellant 1 [email protected](Crl.)No.2053 of...

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Aug 14 2020 (SC)

Preet Pal Singh Vs. The State of Uttar Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.520 OF2020[ARISING OUT OF SLP (CRL.) No.2102 OF2019 PREET PAL SINGH .Appellant versus THE STATE OF UTTAR PRADESH & ANR. ..Respondents JUDGMENT Indira Banerjee, J.Leave granted. This appeal, filed by the father of the deceased victim, is 2. against the order dated 21.01.2019 passed by the Allahabad High Court, Lucknow Bench in Criminal Misc. Application No.129789 of 2018, in Criminal Appeal No.1594 of 2018, whereby the High Court granted bail to the Respondent No.2, Sandeep Singh Hora, husband of the deceased victim, convicted by a judgment dated 23.7.2018 of the Additional District and Sessions Judge/Special Judge (EC Act), Lucknow, hereinafter referred to as the Sessions Court in Sessions 2 Trial No.1385 of 2010, for offences under Sections 304B, 498A and 406 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 by staying execution of the sentences of impriso...

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Aug 14 2020 (SC)

In Re Prashant Bhushan Vs.

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION SUO MOTU CONTEMPT PETITION (CRL.) NO.1 OF2020IN RE: PRASHANT BHUSHAN & ANR. . ALLEGED CONTEMNOR(S) JUDGMENT1 A petition came to be filed in this Court by one Mahek Maheshwari bringing to the notice of this Court, a tweet made by Mr. Prashant Bhushan, Advocate, alleged contemnor No.1 praying therein to initiate contempt proceedings against the alleged contemnors for wilfully and deliberately using hate/scandalous speech against this Court and entire judicial system. The Registry placed the said petition on the Administrative side of this Court seeking direction as to whether it should be listed for hearing or not, as consent of the learned Attorney General for India had not been obtained by the said Shri Maheshwari to file the said petition. After 2 examining the matter on the Administrative side, this court on the administrative side directed the matter to be listed on the Judicial side to pass appropriate orders. Accordi...

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Aug 14 2020 (SC)

Union of India Vs. M/S k.c.sharma and Co..

Court : Supreme Court of India

C.A.Nos.9049-9053 of 2011 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9049-9053 OF2011Union of India & Anr. Versus ..Appellants M/s. K.C. Sharma & Co. & Ors. ..Respondents JUDGMENT R. Subhash Reddy, J.1. The Union of India through Secretary (Revenue) and another, have filed these appeals aggrieved by the judgment and decree dated 21.05.2007 passed by the High Court of Delhi in R.F.A.Nos.204-8/2006. By the aforesaid impugned judgment, the High Court has allowed the Regular First Appeals, preferred by the respondents, by setting aside judgment and decree dated 04.01.2006 passed in Suit No.203 of 2005 by the Addl. District Judge, Delhi.2. Necessary facts in brief are as under : The land admeasuring 36 bighas 11 biswas comprising in Khasra Nos.14/9, 12, 17, 18, 19, 20/1, 23 and 24 belonged to Gaon Sabha Luhar Heri, Delhi. The large extent of land in the village, including the aforesaid land, was acquired by the Government by initiating 1 C.A.Nos.90...

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Aug 14 2020 (SC)

Babulal Vardharji Gurjar Vs. Veer Gurjar Aluminium Industries Pvt Ltd

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6347 OF2019BABULAL VARDHARJI GURJAR Appellant(s) VS. VEER GURJAR ALUMINIUM INDUSTRIES PVT. LTD. & ANR. .Respondent(s) JUDGMENT Dinesh Maheshwari, J.Introductory with brief outline and issue involved 1. This appeal under Section 62 of the Insolvency and Bankruptcy Code, 20161 is directed against the judgment and order dated 14.05.2019 passed by the National Company Law Appellate Tribunal, New Delhi2 in Company Appeal (AT) Insolvency No.549 of 2018 whereby, the Appellate Tribunal has rejected the contention that the application made by respondent No.2 under Section 7 of the Code, seeking initiation of Corporate Insolvency Resolution Process3 in respect of the debtor company (respondent No.1 herein), is barred by limitation; and has 1 Hereinafter also referred to as the Code or IBC. 2 Hereinafter also referred to as the Appellate Tribunal or NCLAT. 3 CIRP for short. 1 declined to interfere with the order...

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Aug 14 2020 (SC)

m.c.mehta Vs. Union of India

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/ APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO.4677 OF1985M.C. MEHTA ..PETITIONER UNION OF INDIA & ORS. VERSUS WITH ..RESPONDENT(S) WRIT PETITION (CIVIL) NO.266 OF2006WRIT PETITION (CIVIL) NO.263 OF2006WRIT PETITION (CIVIL) NO.264 OF2006WRIT PETITION (CIVIL) NO.450 OF2006WRIT PETITION (CIVIL) NO.464 OF2006WRIT PETITION (CIVIL) NO.470 OF2006WRIT PETITION (CIVIL) NO.569 OF2006WRIT PETITION (CIVIL) NO.563 OF2006WRIT PETITION (CIVIL) NO.610 OF2006WRIT PETITION (CIVIL) NO.212 OF2008WRIT PETITION (CIVIL) NO.229 OF2008WRIT PETITION (CIVIL) NO.144 OF2009AND2SPECIAL LEAVE PETITION (C) NO.33454 OF2018JUDGMENT ARUN MISHRA, J.IN RE: ISSUE RELATING TO JURISDICTION OF THE MONITORING COMMITTEE1 We are dealing with the authority of the Monitoring Committee to seal the residential premises on the private land particularly when they are not being used for the commercial purpose. Whether the Monitoring Committee could have sealed these residenti...

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Aug 11 2020 (SC)

Common Cause Vs. Union of India .

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION IA.No.168557/2019 IA.No.168564/2019 IA.No.168569/2019 IA.No.168578/2019 IN WRIT PETITION (CIVIL) No.114 OF2014Common Cause . Petitioner(s) Versus Union of India & Ors. . Respondent(s) ORDER1 The abovestated applications are filed by the Applicant M/s Orissa Minerals Development Company Limited (OMDC for short). Since all the applications pertain to the same issue and are between the same parties seeking similar relief, they are disposed of through this common order. WP (C) No.114/2014 2 2. In all these applications the applicant has sought condonation of delay in making the payment pursuant to the order passed by this Court in WP(C)No.114/2017. Further in I.A.Nos.168557/2019 and 168569/2019 the applicant has also sought a direction to the State of Orissa to conduct joint verification of the undisposed stock and allow sale of the same so as to enable the applicant company to realise the amount. In IA.Nos.168564/2019 and 168578/...

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Aug 11 2020 (SC)

Wonder Projects Development Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1713 OF2020Wonder Projects Development Pvt. Ltd. & Anr. ..Appellant(s) Versus Union of India & Ors. ..Respondent(s) JUDGMENT1 The appellants are before this Court claiming to be aggrieved by the order dated 03.02.2020 passed by the National Green Tribunal, Principal Bench, New Delhi (NGT for short) in Appeal No.54/2018. The appellants herein were arrayed as respondent Nos. 11 and 12 in the appeal before the NGT. By the order impugned herein, the NGT has set aside the Environmental Clearance (EC for short) issued by the State Environment Impact Assessment CA No.1713 of 2020 2 Authority (SEIAA for short), Karnataka, in favour of the appellants through its order dated 10.01.2018.2. The brief facts are that the appellants herein are undertaking the construction of New High Rise Residential Building. The project is being undertaken in Survey Nos.61/2, 62 and 63/2 of Kasavanahalli Village, Varthur Hobl...

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Aug 11 2020 (SC)

Vineeta Sharma Vs. Rakesh Sharma

Court : Supreme Court of India

1 R E P O R T A B L E IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.DIARY NO.32601 OF2018VINEETA SHARMA APPELLANT(S) RAKESH SHARMA & ORS. VERSUS WITH RESPONDENTS SPECIAL LEAVE PETITION (C) NO.684 OF2016SPECIAL LEAVE PETITION (C) NO.35994 OF2015SPECIAL LEAVE PETITION (C) NO.38542 OF2016SPECIAL LEAVE PETITION (C) NO.6403 OF2019SPECIAL LEAVE PETITION (C) NO.14353 OF2019SPECIAL LEAVE PETITION (C) NO.24901 OF2019SPECIAL LEAVE PETITION (C) NOS.17661767 OF2020JUDGMENT ARUN MISHRA, J.1. The question concerning the interpretation of section 6 of the Hindu Succession Act, 1956 (in short, 'the Act of 1956') as amended by Hindu Succession (Amendment) Act, 2005 (in short, 'the Act of 2 2005') has been referred to a larger Bench in view of the conflicting verdicts rendered in two Division Bench judgments of this Court in Prakash & Ors. v. Phulavati & Ors., (2016) 2 SCC36and Danamma @ Suman Surpur & Anr. v. Amar & Ors., (2018) 3 SCC343 In other connected matters, the qu...

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