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Oct 14 2024 (SC)

Shingara Singh Vs. Daljit Singh

Court : Supreme Court of India

1 2024 INSC770REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5919 OF2023SHINGARA SINGH . APPELLANT VERSUS DALJIT SINGH & ANR ...RESPONDENTS JUDGMENT PRASHANT KUMAR MISHRA, J.1. The defendant No.2 in the suit has preferred this appeal challenging the judgment and decree passed by the High Court allowing the appeal preferred by the plaintiff/Daljit Singh to set aside the judgment and decree of the Trial Court and the First Appellate Court which concurrently decreed the suit partially 2 only for the alternative relief of recovery of Rs. 40,000/- along with interest while dismissing the suit in respect of specific performance of the agreement dated 17.08.1990.2. The facts of the case emerging from the pleadings of the parties are that plaintiff/Daljit Singh instituted the suit on 24.12.1992 claiming specific performance of the agreement to sell dated 17.08.1990 in respect of the land measuring 79 Kanals 09 marlas @ of Rs. 80,000/- per acre against the...

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Oct 14 2024 (SC)

Neelam Gupta Vs. Rajendra Kumar Gupta

Court : Supreme Court of India

2024 INSC769Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos.3159-3160 of 2019 Neelam Gupta & Ors. Appellant(s) Versus Rajendra Kumar Gupta & Anr. Respondent(s) With Contempt Petition (C) Nos. 517-518 of 2020 IN Civil Appeal Nos. 3159-3160 of 2019 Rajendra Kumar Gupta Appellant(s) Versus Neelam Gupta and Ors. Alleged Contemnors/ Respondents JUDGMENT C.T. RAVIKUMAR, J.1. The legal representatives of original defendant No.1 viz., appellant Nos. 1 to 3 herein and original Civil Appeal Nos. 3159-60 of 2019 Page 1 of 53 defendant No.2 in Civil Suit No.195A/95, are in appeal against the judgment dated 11.07.2014 passed by the High Court of Chhattisgarh at Bilaspur in Second Appeal No.401/2003, reversing the concurrent judgments of the Courts below and the consequently, drawn decree dated 25.07.2014.2. The facts, in succinct, that led to the impugned judgment and decree are as follows:- Respondent No.1 herein viz., Rajendra Kumar Gupta filed Civil Suit No...

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Oct 04 2024 (SC)

Vijay Singh @ Vijay Kr. Sharma Vs. The State Of Bihar

Court : Supreme Court of India

2024 INSC759REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1031 OF2015VIJAY SINGH@VIJAY KR. SHARMA ...APPELLANT(S) VERSUS THE STATE OF BIHAR ...RESPONDENT(S) WITH CRIMINAL APPEAL No.1578 OF2017CRIMINAL APPEAL No.765 OF2017CRIMINAL APPEAL No.1579 OF2017JUDGMENT SATISH CHANDRA SHARMA, J.1. On 30.08.1985, Neelam breathed her last in Simaltalla, PS Sikandra, District Munger, Bihar. The factum of her death was discovered in furtherance of the written report lodged by the Criminal Appeal No.1031/2015 and others Page 1 of 26 informant and brother-in-law of the deceased, namely, Ramanand Singh (examined as PW18 before the Trial Court1 ) wherein he alleged that Neelam was abducted by seven persons from their house in an incident which occurred at around 10:00 PM on the said day. On the basis of this information, an FIR bearing No.127 of 1985 was lodged at PS Sikandra and investigation was commenced which led to the filing of a chargesheet against the...

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Sep 27 2024 (SC)

Punjab State Civil Supplies Corporation Ltd. Vs. M/s. Sanman Rice Mill ...

Court : Supreme Court of India

2024 INSC742NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2024(ARISING OUT OF SLP (C) No.27699 OF2018 PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED & ANR. APPELLANT(S) VERSUS M/S SANMAN RICE MILLS & ORS. RESPONDENT(S) JUDGMENT PANKAJ MITHAL, J.1. Leave granted.2. The challenge in this Civil Appeal is to the judgment and order dated 10.01.2017 passed by the High Court of Punjab & Haryana at Chandigarh in exercise of powers under 1 Section 37 of the Arbitration and Conciliation Act, 19961 setting aside the order dated 07.04.2015 passed under Section 34 of the Act and also the arbitral order dated 08.11.2012. FACTS:3. The appellant - Punjab State Civil Supplies Corporation Ltd.2 entered into an agreement dated 06.10.2008 with M/s Sanman Rice Mills3 whereunder the Corporation was to supply paddy to the Rice Mill for the purpose of milling that had to supply back the resultant rice to the Corporation.4. A total of 2,02,850 bags of Grade A vari...

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Sep 27 2024 (SC)

Lakha Singh Vs. Balwinder Singh

Court : Supreme Court of India

REPORTABLE2024INSC744IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). OF2024(Arising out of SLP(Civil) No(s). 30250 of 2018) LAKHA SINGH .APPELLANT(S) VERSUS BALWINDER SINGH & ANR. .RESPONDENT(S) JUDGMENT Mehta, J.1. Heard.2. Leave granted.3. This appeal by special leave is directed against the judgment dated 25th April, 2018 rendered by the High Court of Punjab and Haryana at Chandigarh, whereby the second appeal1 preferred by the appellant-defendant was dismissed, and the judgment dated 20th March, 2017 passed by the learned Additional District Judge, 1 RSA No.4577 of 2017(O&M). 1 Tarn Taran2 in Civil Appeal3 was affirmed. The First Appellate Court dismissed the Civil Appeal preferred by the appellant- defendant and upheld the judgment and decree dated 18th February, 2013 passed by the learned Additional Civil Judge (Senior Division), Patti, Tarn Taran4 in Civil Suit5 filed by the respondent-plaintiff. The trial Court allowed the suit partly, directing t...

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Sep 25 2024 (SC)

Vijay Singh @ Vijay Kr. Sharma Vs. The State Of Bihar

Court : Supreme Court of India

2024 INSC735REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1031 OF2015VIJAY SINGH@VIJAY KR. SHARMA ...APPELLANT(S) VERSUS THE STATE OF BIHAR ...RESPONDENT(S) WITH CRIMINAL APPEAL No.1578 OF2017CRIMINAL APPEAL No.765 OF2017CRIMINAL APPEAL No.1579 OF2017JUDGMENT SATISH CHANDRA SHARMA, J.1. On 30.08.1985, Neelam breathed her last in Simaltalla, PS Sikandra, District Munger, Bihar. The factum of her death was discovered in furtherance of the written report lodged by the Criminal Appeal No.1031/2015 and others Page 1 of 26 informant and brother-in-law of the deceased, namely, Ramanand Singh (examined as PW18 before the Trial Court ) wherein he alleged that Neelam was abducted by seven persons from their house in an incident which occurred at around 10:00 PM on the said day. On the basis of this information, an FIR bearing No.127 of 1985 was lodged at PS Sikandra and investigation was commenced which led to the filing of a chargesheet against the ...

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Sep 23 2024 (SC)

Fuleshwar Gope Vs. Union Of India

Court : Supreme Court of India

REPORTABLE2024INSC718IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO2024 (Arising out of SLP(Crl.) No.4866 of 2023) FULESHWAR GOPE ... APPELLANT(S) VERSUS UNION OF INDIA & ORS. ... RESPONDENT(S) JUDGMENT SANJAY KAROL, J.Leave granted.2. Impugned in this appeal by special leave is a judgment of the High Court of Jharkhand at Ranchi dated 21st March, 2023 in W.P.(Crl.) No.443 of 2022, whereby the learned Division Bench refused to quash (a) Suo motu letter No.F.No.11011/51/2017/IS-IV dated 16th January, 2018 in respect of the investigation of Bero P.S. Case No.67/2016 dated 10th 1|SLP(CRL)4866/2023 November, 2016; (b) Sanction letter No.11011/51/2017/NIA dated 22nd July, 2020 granting sanction qua prosecution of the present appellant as accused No.17 in R.C.-02/2018/NIA/DLI; and (c) Cognizance order dated 25th July, 2020 u/s 120B of the Indian Penal Code r/w Section 17, 18, 21 & 22 of U.A. (P) Act, 1967, u/S17i) & (ii) of CLA Act, 1908 and charges framed ...

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Sep 20 2024 (SC)

Opg Power Generation Private Limited Vs. Enexio Power Cooling Solution ...

Court : Supreme Court of India

REPORTABLE2024INSC711IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3981-3982 OF2024(Arising out of SLP (Civil) Nos.21017-21018 of 2021) OPG POWER GENERATION PRIVATE LIMITED APPELLANT(S) Versus ENEXIO POWER COOLING SOLUTIONS INDIA PRIVATE LIMITED & ANR. RESPONDENT(S) With CIVIL APPEAL NOS. 3983-3984 OF2024(Arising out of SLP (Civil) Nos.21009-21010 of 2021) JUDGMENT MANOJ MISRA, J.1. These two appeals are directed against a common judgment and order of the High Court1 dated 1 September 2021 passed in OSA (CAD) Nos. 174-175 of 2021, whereby, exercising powers under Section 37 of the Arbitration and Conciliation Act, 19962 read with Section 13(1) of the Commercial Courts Act, 20153 and Clause 15 of Amended Letters Patent, 1865 read with Order XXXVI1High Court of Judicature at Madras 2 1996 Act 3 2015 Act Civil Appeal @ SLP (C) Nos.21017-21018 of 2021 Page 1 of 150 Rule 9 of O.S. Rules, the Division Bench of the High Court allowed the appeals, set aside the...

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Sep 19 2024 (SC)

Kamal Kishor Sehgal(d) Thr.lrs. Vs. Murti Devi (dead) Thr. Lrs.

Court : Supreme Court of India

NON-REPORTABLE2024INSC707IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9482 OF2013KAMAL KISHORE SEHGAL (D) THR. LRS. & ORS. APPELLANT(S) VERSUS MURTI DEVI (DEAD) THR. LRS. RESPONDENT(S) JUDGMENT PANKAJ MITHAL, J.1. The suit of the plaintiff now represented by her heirs and legal representatives (respondents herein) for the decree of permanent injunction in respect of the use of passage, more commonly described as common passage, was dismissed by the court of first instance, but in appeal the judgment and order of the Trial Court has been reversed and the suit stands decreed.2. In the above circumstances, the defendants and their legal representatives (appellants herein) have preferred this appeal. 13. We have heard Mr. S. K. Sharma, advocate for the appellants and Mr. Gaurav Agrawal, Sr. Advocate for the respondents.4. The pleadings of the parties reveal that Sh. Jaspal Singh along with Smt. Raj Rani and Smt. Sudesh Rani jointly purchased a piece of land me...

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Sep 19 2024 (HC)

U B Shetty Vs. State Of Karnataka

Court : Karnataka

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMERCIAL APPEAL NO.359 OF2022CONNECTED WITH COMMERCIAL APPEAL NO.360 OF2022CONNECTED WITH COMMERCIAL APPEAL NO.361 OF2022CONNECTED WITH COMMERCIAL APPEAL NO.362 OF2022CONNECTED WITH COMMERCIAL APPEAL NO.363 OF2022IN COMAP NO.359/2022 BETWEEN: U B SHETTY S/O MADAYYA SHETTY AGED ABOUT59YEARS CLASS-I CONTRACTOR R/AT WINDCHIME APARTMENTS NO.497, 6TH MAIN, RMV2D STAGE DOLLARS COLONY BENGALURU 560007. APPELLANT (BY SRI. YASHODHAR HEGDE - ADVOCATE) AND:1. . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND2FAMILY WELFARE III-FLOOR, VIKASA SOUDHA BENGALURU 560 001. 2 . KARNATAKA HEALTH SYSTEMS DEVELOPMENT PROJECT REPRESENTED BY ITS PROJECT ADMINISTRATOR NOW RENAMED AS HEALTH AND FAMILY WELFARE SERVICES REPRESENTED BY ITS DIRECTOR6H FLOOR, AROGYA SOUDHA MAGADI ROAD BENGALURU 560 ...

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