(1)
STATE OF WEST BENGAL AND ANOTHER ..... APPELLANTS Vs.
M/S. CHIRANJILAL (MINERAL) INDUSTRIES OF BAGANDIH AND ANOTHER RESPONDENTS D.D
12/09/2023
SUPREME COURT OF INDIA
Mining Lease - Dispute over the grant of mining lease for Dolomite - Multiple applications filed by different parties - Various orders issued by state authorities - Confusion over the status of the land and the mining lease - Appellants challenging the grant of mining lease to Respondent No. 1 - M/s. Chiranjilal (Mineral) Industries of Bagandih. [Para 1-2]
Background - A detailed acco...
(2)
KESHAV SOOD Vs.
KIRTI PRADEEP SOOD & ORS. D.D
12/09/2023
SUPREME COURT OF INDIA
Civil Appeal – Rejection of Plaint Under Rule 11 of Order VII of CPC – Appellant sought rejection of the plaint based on bar of res judicata – Learned Single Judge rejected the plaint, while the Division Bench of High Court reversed the decision – Supreme Court held that the issue of res judicata could not be decided under Rule 11 of Order VII of CPC at this stage. [Para 2-...
(3)
CBI …APPELLANT(S) Vs.
R.R. KISHORE …RESPONDENT(S) D.D
11/09/2023
SUPREME COURT OF INDIA
Criminal Appeal – Constitutionality of Section 6A of the Delhi Special Police Establishment Act, 1946 – Whether retrospective or prospective application of the declaration of unconstitutionality – Reference to a larger bench for determination – Arguments regarding the applicability of Article 20 of the Constitution – Section 6A as a procedural provision – Nature...
(4)
CBI ...APPELLANT(S) Vs.
R.R. KISHORE ...RESPONDENT(S) D.D
11/09/2023
SUPREME COURT OF INDIA
Unconstitutionality of Legislative Provisions – Retrospective Application of Judicial Decisions: The Supreme Court declared Section 6A of the Delhi Special Police Establishment Act, 1946 unconstitutional for violating Article 14 of the Constitution. The decision, made in the context of Article 20, applies retrospectively, rendering the provision non-existent from its inception in 2003. [Para...
(5)
Bachhu Yadav .… Petitioner(s) Vs.
Directorate of Enforcement Government of India (PMLA) & Anr. Represented by its Assistant Director …. Respondent(s) D.D
06/09/2023
SUPREME COURT OF INDIA
Bail Application – Rejection by High Court Petitioner appeals against the High Court's decision, which had denied his bail in connection to a case registered under Section 4 of the Prevention of Money Laundering Act, 2002. [Para 1]
Representation by Counsel Learned senior counsel for the petitioner argues that Rs. 30 lakhs in the petitioner's bank account cannot be considered as p...
(6)
BALWANTBHAI SOMABHAI BHANDARI …. APPELLANT(S) Vs.
HIRALAL SOMABHAI CONTRACTOR ....RESPONDENT(S) D.D
06/09/2023
SUPREME COURT OF INDIA
Civil Contempt – Violation of Court Undertaking – Appellants sold plots in violation of a court undertaking not to sell until the main petition is heard and decided – Contempt proceedings initiated – Appellants argue they were not aware of the undertaking and tendered unconditional apology – High Court rejects apology and holds appellants guilty of contempt – Ap...
(7)
EVA AGRO FEEDS PRIVATE LIMITED …….. APPELLANT(S) Vs.
PUNJAB NATIONAL BANK AND ANR. RESPONDENT(S) D.D
06/09/2023
SUPREME COURT OF INDIA
Facts - appellant won an auction for a property conducted by a Liquidator. However, the Liquidator later cancelled the highest bid, leading to legal proceedings. The Appellate Tribunal set aside the original Tribunal's order, prompting the appellant to appeal to the higher court.
Auction and Liquidation — Highest Bid — Rejection by Liquidator - held that the highest bid in an au...
(8)
K. Hymavathi .… Petitioner(s) Vs.
State of Andhra Pradesh & Anr. …. Respondent(s) D.D
06/09/2023
SUPREME COURT OF INDIA
Negotiable Instruments Act - Complaints under Section 138 - Legally recoverable debt - Cheque issued within the period of limitation - Complaints filed within time - No grounds for quashing the complaint - High Court erred in quashing the proceedings - Orders set aside. [Para 2-18]
Expeditious Trial of Cases under Section 138 of NI Act - Power of Magistrate under Section 322 of CrPC - Jurisdict...
(9)
Life Insurance Corporation of India … Appellant Vs.
Dravya Finance Pvt. Ltd. & Ors. … Respondents D.D
06/09/2023
SUPREME COURT OF INDIA
Insurance Policy Assignment - Legality of levying service charge for recording assignment - Appellant-insurer imposed a registration charge for policy assignments - Constitutional challenge on grounds of contravention of the Insurance Act and Article 265 of the Constitution - High Court found the levy unconstitutional - Nature of the levy determined as service charge or fee - Appellant's conte...