Court : Supreme Court of India
Decided on : Jul-24-2019
..... candidate willing to be selected as a teacher in any school or madrasah, having bengali or english or hindi or nepali or oriya or santhali or telegu or urdu as the medium of instruction, must have bengali or english or hindi or nepali or oriya or santhali or telegu or urdu, as the case may be, as first or second or third .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2019
..... (pw-4) is the husband of doma lepcha (pw-2) who supports this testimony.23) the argument that krishna kanta burman who translated the bengali version into nepali was not examined when the above mentioned first information report was lodged is wholly inconsequential. such first information report was only in respect of information of death. the ..... netai mohanta and the informant on whose information the prosecution was set in motion. he stated that he does not know english, hindi page 6 of 16 or nepali and only knows bengali. he deposed that he had never met ranjit haldar earlier.13) before we examine respective contentions of the learned counsel for the parties, ..... -15). he deposed that he availed the services of one krishna kanta burman for translating the contents of fir, lodged by bhola mohanta, from bengali language to nepali language. he visited the place of occurrence at the house belonging to one jamyang bhutia (pw-5) and prepared rough sketch map and also arranged to take photographs .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-07-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2530 OF2012Birla Institute of Technology .Appellant(s) VERSUS The State of Jharkhand & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 02.04.2008 passed by the High Court of Jharkhand at Ranchi in LPA No.53 of 2007 whereby the Division Bench of the High Court dismissed the LPA filed by the appellant herein and confirmed the order dated 12.01.2007 passed by the Single Judge of the High Court in W.P. No.2572 of 2005. 1 2. The controversy involved in this appeal is a short one as would be clear from the facts stated infra.3. The appellant is a premier technical educational institute of repute in the country. It is known as Birla Institute of Technology (BIT).4. Respondent No.4 joined the appellantInstitute as Assistant Professor on 16.09.1971 and superannuated on 30.11.2001 after attaining the age of superannuation.5. Respondent No....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-17-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.576 OF2016INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. .....APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. .....RESPONDENT(S) W I T H WRIT PETITION (CIVIL) No.24 OF2017A N D WRIT PETITION (CIVIL) No.119 OF2017JUDGMENT A.K. SIKRI, J.This batch of three Writ Petitions was heard together and is being disposed of by this Common Judgment as similar issues and prayers are raised in all these petitions.2) The instant writ petitions have been preferred under Article 32 of the Constitution of India, challenging certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 (hereinafter 2 referred to as the Act) and also the Rules framed there under being the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein)...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4763-4764 OF2013TAMIL NADU POLLUTION CONTROL BOARD APPELLANT(S) VERSUS STERLITE INDUSTRIES (I) LTD. & ORS. RESPONDENT(S) WITH CIVIL APPEAL NOS. 8773-8774 OF2013CIVIL APPEAL NOS. 9542-9543 OF2013CIVIL APPEAL No.5782 OF2014CIVIL APPEAL NOS. 1552-1554 OF2019CIVIL APPEAL No.23 OF2019CIVIL APPEAL No.1582 OF2019JUDGMENT R.F. NARIMAN, J.1. The present appeals arise out of orders that have been passed by the National Green Tribunal [NGT]. dated 31.05.2013, 08.08.2013, 1 and 15.12.2018. The brief facts necessary to appreciate the controversy raised in the present case are as follows.2. The respondent, Sterlite Industries (India) Ltd. / Vedanta Ltd., was operating a copper smelter plant at the State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) Industrial Complex at Thoothukudi, Tamil Nadu. On 01.08.1994, the respondent received a No-Objection Certificate [NOC]. from the Tamil Nadu Pollution C...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2530 OF2012Birla Institute of Technology .Appellant(s) VERSUS The State of Jharkhand & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. On 07.01.2019, this Court placing reliance on the decision of this Court in Ahmadabad Pvt. Primary Teachers Association vs. Administrative Officer and Others (2004) 1 SCC755 which was brought to the 1 Courts notice by the learned counsel appearing for the appellant, allowed the appeal and set aside the order of the High Court.2. However, after the pronouncement of the order in this appeal, it came to the notice of this Court that consequent upon the decision of this Court rendered in Ahmadabad Pvt. Primary Teachers Association (supra), the Parliament amended the definition of the word employee as defined in Section 2(e) of the Payment of Gratuity Act, 1972 by Amending Act No.47 of 2009 on 31.12.2009 with retrospective effect from 03.04.1997. This amendment was no...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3588 OF2019[Arising out of SLP(C) No.46 of 2019]. CARETEL INFOTECH LTD. .APPELLANT Versus HINDUSTAN PETROLEUM CORPORATION LIMITED & ORS. .RESPONDENTS JUDGMENT SANJAY KISHAN KAUL, J.1. 2. Leave granted. Hindustan Petroleum Corporation Limited (respondent No.1) floated an e-public tender on 4.12.2017 for setting up call centres for receiving, recording and replying to information enquiries and complaints from LPG customers of IOC/HPC/BPC. The appellant participated in the tender. Clause 20 of the tender reads as under:1. 20. Black List/Ban/Holiday List i. Bids received from parties who have been banned/blacklisted/put on holiday list or parties in respect of whom the action for blacklisting and holiday listing has been initiated by HPCL/any Government/Quasi Government Agencies or PSUs, shall not be considered for either evaluation or for award of work. Offer of Vendor who has not submitted declaration o...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.714 OF2019(@ SLP(Criminal) No.5415 of 2017) DIPAKBHAI JAGDISHCHANDRA PATEL ... APPELLANT(S) VERSUS STATE OF GUJARAT AND ANOTHER ... RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. This appeal by special leave granted by this Court is directed against the judgment of the High Court of Gujarat at Ahmedabad dismissing the Special Criminal Application No.1230 of 2009 filed by the appellant under Section 482 of the 1 Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.PC for short).2. The petition under Section 482 Cr.PC. was filed challenging the complaint and the Order passed by the Sessions Court rejecting the request of the appellant to discharge him of the offences under Sections 489B and 489C of the Indian Penal Code, 1860 (hereinafter referred to as the IPC for short).3. The contents of the FIR dated 10.04.1996 are as follows: The facts of my complaint are that today ie., on 10.04.199...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.129 OF2017Federation of Obstetrics and Gynecological Societies of India (FOGSI) ..Petitioner Versus Union of India and others ..Respondents JUDGMENT Arun Mishra, J.1. The instant writ petition has been filed by the Federation of Obstetrics and Gynaecological Societies of India (FOGSI) (hereinafter referred to as the Society) highlighting the issues and problems affecting the practice of obstetricians and gynaecologists across the country under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the Act) and challenging the constitutional validity of Sections 23(1) and 23(2) of the Act and seeking direction in the nature of certiorari/mandamus for decriminalising anomalies in paperwork/record keeping/clerical errors in regard of the provisions of the Act for being violative of 2 Articles 14, 19(1)(g) and 21 of the Constitut...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2019
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NO.1123 OF2010ASHOKSINH JAYENDRASINH ..Appellant STATE OF GUJARAT ..Respondent VERSUS JUDGMENT R. BANUMATHI, J.This appeal arises out of the judgment dated 05.03.2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.10 of 2001 in and by which the High Court affirmed the conviction of appellant-accused No.1 under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon him. The High Court also affirmed the conviction of the appellant under Section 307 IPC read with Section 34 IPC and under Section 25(c) of the Arms Act and the sentence of imprisonment imposed upon him. The High Court acquitted the appellant for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1 2. Brief facts which led to filing of this appeal are:- On 23.11.1997 at about 09.00 PM, accused Nos.1 to 5 along wit...
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