Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.152 OF2013TOFAN SINGH Appellant Versus STATE OF TAMIL NADU Respondent WITH CRIMINAL APPEAL No.1750 OF2009CRIMINAL APPEAL No.2214 OF2009CRIMINAL APPEAL No.827 OF2010CRIMINAL APPEAL No.835 OF2011CRIMINAL APPEAL No.836 OF2011CRIMINAL APPEAL No.344 OF2013CRIMINAL APPEAL No.1826 OF2013CRIMINAL APPEAL No.433 OF2014SPECIAL LEAVE PETITION (CRL.) No.6338 OF2015CRIMINAL APPEAL No.77 OF2015CRIMINAL APPEAL No.90 OF2017CRIMINAL APPEAL No.91 OF2017SPECIAL LEAVE PETITION (CRL.) No.1202 OF2017JUDGMENT R.F. Nariman, J.1.These Appeals and Special Leave Petitions arise by virtue of a reference order of a Division Bench of this Court reported as Tofan Singh v. State of Tamil Nadu (2013) 16 SCC31 The facts in that 1 appeal have been set out in that judgment in some detail, and need not be repeated by us. After hearing arguments from both sides, the Court recorded that the Appellant in Criminal Appeal No.152 of 2013 ...
Tag this Judgment!Court : Karnataka
- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION Nos.17852-17856/2014 & 17969/2014 c/w W.P.Nos.17290/2014 & 17673-17687/2014, W.P.No.20626/2016 (LA-BDA) In W.P.Nos.17852-17856/2014 & 17969/2014 BETWEEN:1. M/S. EVERSHINE MONUMENTS (EARLIER KNOWN AS M/S. GRANITE EXPORTERS) A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.15, VITTAL MALLYA ROAD, BANGALORE, REP. BY ITS PARTNER, MR. MUNNAVAR BASHA AGED ABOUT83YEARS.2. MR. MUNNAVAR BASHA S/O. LATE MOHAMMED BASHA, AGED ABOUT83YEARS, RESIDING AT NO.15 VITTAL MALLYA ROAD, BANGALORE 560 001.3. MRS. MAQBOOL JAAN W/O. ASGAR AHAMAD PASHA, AGED ABOUT50YEARS, RESIDING AT LAKSHMIPURAM, KUPPAM, ANDHRA PRADESH 517 425.4. MRS. MUDASHIRA BEGUM D/O. ASGAR AHAMAD PASHA, AGED ABOUT45YEARS, RESIDING AT LAKSHMIPURAM, KUPPAM, ANDHRA PRADESH 517 425.5. MRS. REHANA BEGUM D/O. ASGAR AHAMAD PASHA, - 2 - AGED ABOUT40YEARS, RESIDING AT LAKSHMIPURAM, KUPPAM, ANDHRA PRAD...
Tag this Judgment!Court : Karnataka
- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF APRIL, 2018 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NOs.15967-15969/2017 c/w 21196/2017, 18876/2016 & 18948-18950/2016 (LA-BDA) & 21193-21195/2017 (BDA) W.P.Nos.15967-15969/2017 BETWEEN:1. SRI S. HAREESH S/O. LATE N. SHANTHARAM, AGED ABOUT52YEARS, 73/52, 2ND FLOOR, CHANDRA APARTMENT, 4TH CROSS, BASAWESHWAR LAYOUT, VIJAYANAGAR, BANGALORE 560 040.2.3. SRI M.S. SHANMUKHA S/O. M.K. SHIVANNA, AGED ABOUT36YEARS, MUDDALINGANAHALLI VILLAGE, THYAMGONDALU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 562 132. SRI S. GURUPRASAD S/O. LATE N. SHANTHARAM, AGED ABOUT37YEARS, NO.24, 13TH CROSS, GAYATHRI LAYOUT, BASAVANAPURA ROAD, K.R. PURAM, BANGALORE 560 036. ... PETITIONERS (BY SRI: UDAYA HOLLA, SENIOR COUNSEL FOR SMT. MAYA HOLLA, ADVOCATE) AND:1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, - 2 - 2.3. 4.5. URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BANGALORE 560 001. THE BANGALORE DEV...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)111TTJ(Delhi)11
1. These are two appeals by the same assessee against two different orders of the learned CIT(A) for asst. yrs. 1999-2000 and 2000-01. As common facts are involved in these two appeals and further as the...(sic) interconnected in the two assessment years, for the sake of convenience, these appeals are being decided by a common order.2. Shri Ajay Vohra and Shri Prakash Narayan, advocates and Smt. Rashmi Kapoor, chartered accountant appeared for the assessee whereas Shri Sunil Aggarwal, senior Departmental Representative represented the Revenue.3. Before proceeding to adjudicate the grounds taken in this appeal by the assessee and additional grounds admitted during the course of hearing of the appeal, we consider it proper to briefly narrate the facts of this matter, which are as under: 3.1 The assessee company was manufacturing various electrical equipments like transformers, switches, switchgears, bulbs, lamps and tubes, etc. It was having various factories at various places in the co...
Tag this Judgment!Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: September 05, 2018 Judgment delivered on: October 03, 2018 + LPA2052017, CM No.11669/2017 SUNNY PAUL Through: Mr. Viresh B. Saharya, Adv. with ..... Appellant Mr. Akshat Agarwal, Adv. versus STATE OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr. Satyakam, ASC (GNCTD) with Mr. Mohit Kumar Bafna, Adv. for R-1 Ms. Aakanksha Kaul, Adv. for R-2 & 3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The challenge in this appeal by the appellant is to the order dated March 15, 2017 passed by the learned Single Judge in W.P.(C) No.10463/2015 whereby the learned Single Judge has upheld the order dated October 01, 2015 passed by the Maintenance Tribunal constituted under The Maintenance and Welfare of Parents & Senior Citizens Act, 2007 (for short Act of 2007) whereby the appellant and his brother were directed to LPA No.205/2017 Page 1 of 35 vacate H.No.19A, Raj Niwas Marg, Civil ...
Tag this Judgment!Court : Delhi
* + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 486/2011 & I.A. No.9067/2011 Reserved on:31. 10.2018 Date of decision :02. 07.2019 SITAC PVT LTD ..... Plaintiff Through Mr.Amit Sibal, Sr. Adv. with Mr.Vinay P.Tripathi and Mr.Abhinav Jaganathan, Advs. versus BANWARI LAL SONS PVT LTD & ORS ..... Defendants Through Mr.Kamaldeep Dayal, Adv. for D-1. Mr.Sonal Sinha and Ms.Aastha Vashistha, Advs. for D-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This suit/petition has been filed by the plaintiff/petitioner under Sections 14(2), 17 and 29 of the Arbitration Act, 1940 (hereinafter referred to as the Act) seeking a direction for the Arbitrator to file the Arbitral Record and the Arbitral Award dated 25.01.2011 before this Court and making the same a Rule of Court, alongwith decree against respondents awarding Rs.5,35,920/- paid by the petitioner to the Arbitrator as their share of fees as per order dated 21.12.2010.2. Respondent no.1 has filed its objections to the Award under Section 30 and...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375
S.H. Kapadia, J.CIVIL APPEALS NO. 6258-6259 OF 2000 1. These civil appeals, by grant of special leave, are directed against the judgment and order dated 4.9.2000 passed by the High Court of Calcutta in First Appeal Nos.46 and 47 of 2000 confirming the judgment and decree passed by the Court of 9th Sub Judge, Alipore, Calcutta in Title Suit No. 89 of 1981, whereby the suit for partition stood decreed. It may be clarified that Civil Appeal No. 6258 of 2000 has been preferred by Crystal Developers who were original defendant No. 14 in title suit No. 89/81 whereas Civil Appeal No. 6259 of 2000 has been filed by Archit Vanijya & Viniyog Pvt. Ltd. and Ors., original defendants No. 15 to 20 in the said suit No. 89/81.2. Since common questions of law and fact arise in the said Civil Appeals, the same were heard together and are disposed of by this judgment.3. The facts giving rise to these appeals are as follows:- One Balai Chand Ghosh (since deceased) had three wives. His first wife was Jamun...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
P.S. Narayana, J.1. Ranga Reddy District Sarpanches Association, represented by its President and Convenor Sri Girish Sanghi and others had invoked the jurisdiction of this Court under Article 226 of the Constitution of India questioning certain provisions of A.P. Panchayat Raj Act, 1994 and certain Government Orders and Rules by filing W.P. No. 12348/2002. Federation for Empowerment of Local Government by its Presidum Member, Lok Satta by its General Secretary and Dr. Jayaprakash Narayana filed W.P.MP. No. 22300/2003 in W.P. No. 12348/2002 to implead them as Respondents 3 to 5 and in view of the averments made in the affidavit filed in support of the application the said W.P.M.P. No. 22300/2003 is allowed and proposed parties are impleaded as Respondents 3 to 5. The contesting parties had put in lengthy pleadings and also placed ample material before the Court in support of their respective contentions. Likewise, Prasanna, Chairperson, District Level Committee, Zilla Parishad, Nalgond...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD135; 1998(2)ALD(Cri)466; 1998(4)ALT738
ORDERB. Sudershan Reddy, J 1. Both these writ petitions can be disposed of by a common order, as common questions arise for consideration. This is a tell tale story of unscrupulous litigants abusing the judicial process. They were aided and abetted by vested interests. It is a saga of naked abuse of this Court's Forum and the device of public interest litigation. We cannot help, except to feel distress as to how this Court was taken for a ride. More about it at a later stage. We would, briefly, indicate the facts in both these writ petitions. 2. Writ Petition - WPNo.5717 of 1997 is filed by ft former Member of the Legislative Assembly representing Shadnagar Constituency and a resident of Hyderabad. The said writ petition is filed on 18-3-1997. The petitioner in the writ petition, prays for issuance of an appropriate writ declaring the action of the respondents in abusing of power vested by law under Sections 12E and 13 and other provisions of Chapter III of the Central Excise Act, 1944...
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
S.K. Singh, J.1. Indian Railway Construction Company Limited (in short the respondent company) is a Government of India owned company registered under the provisions of the Companies Act, 1956. All the shares of the company are held by the President and/or officers of the Central Government in the name of the President of India. The respondent company concededly an instrumentality of State within the meaning of Article 12 of the Constitution is engaged in the construction and implementation of various projects in the country and abroad pertaining to construction of roads, buildings, bridges, electrification, telecommunication, railway tracking, and construction work pertaining to airports.2. Petitioners in these five writ petitions were appointed at Anpara Project of the respondent company on casual/ad hoc basis on a consolidated monthly emoluments of Rs. 400 subject to the condition that they will have to undergo training for the prescribed period during which they would be entitled t...
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