Court : Karnataka
Decided on : Dec-20-2023
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.15631 OF2023(GM RES) BETWEEN: MOHAMMED NOMAN AHMED ALMERI AGED47YEARS R/AT No.88, 3RD CROSS AREKERE LAKSHMI LAYOUT IIMB POST, BANNERGHATTA ROAD, BENGALURU 560 076. ... PETITIONER (BY MR.RAHAMATHULLA KOTHWAL, ADVOCATE) AND:1. . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIA AFFAIRS NORTH BLOCK, NEW DELHI 110 001. 2 . THE GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI 110 001. Page No.1 is re-typed and re-placed vide Chamber order dated 21.12.2023. 2 3 . FOREIGNERS REGIONAL REGISTRATION OFFICER BMTC BUS STAND, 5TH FLOOR 'A' BLOCK, TTMC BUILDING KH ROAD, SHANTI NAGAR, BENGALURU, KARNATAKA 560 027. ... RESPONDENTS (BY SRI H.SHANTHI BHUSHAN, DSGI) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF IND...
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE20H DAY OF DECEMBER, 2023 R BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.47144 OF2018(S-RES) BETWEEN: SMT. SHARADHA L.DODMANI AGED ABOUT35YEARS W/O SHANKAR, ACCOUNTANT TOWN MUNICIPAL COUNCIL BADAMI, BAGALKOT DISTRICT 587 201. ... PETITIONER (BY SRI VINAY S.KOUJALAGI, ADVOCATE) AND:1. . STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, AMBEDKAR VEEDHI BENGALURU 560 001. REPRESENTED BY PRINCIPAL SECRETARY2. TOWN MUNICIPALITY COUNCIL BADAMI, BAGALKOT DISTRICT 587 201. REPRESENTED BY CHIEF OFFICER3. DEPUTY COMMISSIONER DISTRICT TOWN MUNICIPAL CELL BAGALKOT 587 201. ... RESPONDENTS (BY SRI V.S.KALASURMATH, HCGP FOR R1 AND R3; SRI PRAKASH HOSAMANE, ADVOCATE FOR R2) Page No.1 is retyped and replaced vide Chamber order dated 11.07.2024 2 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE2D RESPONDENT DATED2707.2018 VIDE ANE...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
REPORTABLE2023INSC1075IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.________OF2023(Arising out of Special Leave Petition (Civil)No.14445 of 2021) MOHAMMED ABDUL WAHID APPELLANT(S) Versus NILOFER & ANR. RESPONDENT(S) JUDGMENT SANJAY KAROL, J.Leave Granted.2. In adjudicating this appeal, the thought to be borne foremost in mind is that every trial is a search of truth. This purpose is succinctly captured in the following terms in American Jurisprudence, Second Edition, 2007: The purpose of trial is to determine the validity of the allegations. The objective is to secure a fair and impartial administration of justice between the parties to the litigation and not the achievement of a hearing wholly free from errors. Once a civil action has been instituted and issue is joined upon the pleadings, there must be a trial on the issue before a judgment may be rendered. Trial is not a contest between lawyers but a presentation of facts to which the law may be applied ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
REPORTABLE2023INSC1071IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.3838 Of 2023 (Arising out of Special Leave to Appeal (Crl.) No.11129 Of 2023) Afjal Ansari .Appellant(s) versus State of UP .Respondent(s) JUDGEMENT SURYA KANT, J.Leave granted.2. This appeal is directed against the order dated 24.07.2023, passed by the High Court of Judicature at Allahabad (hereinafter, High Court), partially allowing the application filed by the Appellant under Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter, CrPC), for the stay on the sentence and conviction, awarded by the Learned Additional Sessions Judge, MP/MLA Court, Ghazipur (hereinafter, Trial Court) vide judgement and order dated 29.04.2023. The High Court, has through the impugned order, Page 1 of 19 suspended the Appellants sentence and granted him bail but the stay on conviction has been declined. FACTS:3. At this juncture, it is imperative to delve into the factual matrix to set out ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-06-2023
2023 INSC1051Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL / APPELLATE JURISDICTION Arbitration Petition (Civil) No.38 of 2020 Cox and Kings Ltd. Petitioner Versus SAP India Pvt. Ltd. & Anr. Respondents With SLP (C) No.8607 of 2022 And With SLP (C) No.5833 of 2022 1 JUDGMENT Dr. Dhananjaya Y Chandrachud, CJI Table of Contents A. The reference ........................................................................................................ 4 B. Submissions .......................................................................................................... 7 C. Legal background ................................................................................................ 16 i. India .................................................................................................................. 16 a. Chloro Controls ............................................................................................. 20 b. Development of Law after Chloro Controls ..........
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-2023
1 M.F.A.No.7749/2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF NOVEMBER2023PRESENT R THE HONBLE MRS. JUSTICE K.S.MUDAGAL AND THE HONBLE MR.JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL No.7749/2013 (ESI) BETWEEN: M/S GROUP4SECURITAS GUARDING LIMITED HEMKUND, NO.32, 80 FT ROAD HAL III STAGE, BANGALORE 560 075 NOW M/S.G4S SECURITY SECURE SOLUTIONS INDIA (P) LTD NO.507, HBR LAYOUT, I STAGE4H BLOCK, NEAR HENNUR CROSS BANGALORE 560 043 REPRESENTED BY ITS REGIONAL MANAGER HR & IR MR.S BALARAJU (MAJOR) ...APPELLANT (BY SRI J.PRADEEP KUMAR, ADVOCATE) AND:1. THE REGIONAL DIRECTOR ESI CORPORATION REGIONAL OFFICE (KARNATAKA) NO.10, BINNY FIELDS BINNYPET, BANGALORE 560 023 2. RECOVERY OFFICER ESI CORPORATION BANGALORE 560 023 RESPONDENTS (BY SRI M.N.KUMAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION822) OF THE EMPLOYEES STATE INSURANCE ACT, 1948 2 M.F.A.No.7749/2013 PRAYING TO SET ASIDE THE ORDER DATED0208.2013 PASSED BY THE EMPLOYEES...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
REPORTABLE2023INSC976IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION No.43 OF2022LOMBARDI ENGINEERING LIMITED PETITIONER(S) VERSUS UTTARAKHAND JAL VIDYUT NIGAM LIMITED RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.:1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, the Act 1996) filed at the instance of a company based in Switzerland and engaged in the business of design consultancy seeking appointment of an arbitrator for the adjudication of disputes and claims emanating from the Contract dated 25.10.2019 entered into between the petitioner and respondent i.e., Uttarakhand Vidyut Nigam Limited (a wholly owned corporation of the Government of Uttarakhand). 1 FACTUAL MATRIX2 The petitioner is a design consultancy firm based in Switzerland, having its registered office at Via Del Tiglio 2, PO Box 934, CH934 CH6512 Bellinzona-Guibiasco, Switzerland and local Indian address at B3/61, 1st Floor, Safdarjung Enclave, D...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
2023 INSC935REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8411 OF2014URBAN IMPROVEMENT TRUST, BIKANER APPELLANT Versus GORDHAN DASS (D) THROUGH LRs. & OTHERS RESPONDENTS JUDGMENT MANOJ MISRA, J.1. I had the benefit of reading the scholarly judgment of my learned Brother, Hrishikesh Roy, J., dismissing this appeal filed against the judgment and order of the High Court1 dated 12.01.2010 passed in S.B. Civil Regular Second Appeal No.114 of 2004. However, since Im of the opinion that plaintiffs suit was not maintainable in respect of the land which was acquired by a notification, the defendants appeal is entitled to be allowed. Therefore, Im recording my opinion separately.1. High Court of Judicature for Rajasthan at Jodhpur Civil Appeal No.8411 of 2014 Page 1 of 50 Appeal 2. This is a defendants appeal against the order of the High Court dismissing his second appeal preferred against the judgment and decree of reversal passed by the first appellat...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
REPORTABLE2023INSC938IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3975 OF2018M.A Biviji APPELLANT(S) VERSUS Sunita & Ors. RESPONDENT(S) With CIVIL APPEAL No.4847 OF2018And CIVIL APPEAL No.OF2023(Arising out of Diary No.21513 OF2018 JUDGMENT Hrishikesh Roy, J.Delay condoned.2. The Civil Appeals have been filed under Section 23 of The Consumer Protection Act, 1986, (hereinafter referred to as the, Act, 1986) assailing the impugned decision passed on 16.02.2018 by the National Consumer Disputes Redressal Commission (hereinafter, NCDRC) in Consumer Case No.48 of 2005 filed by Mrs. Sunita Parvate. The NCDRC directed Suretech Hospital and Research Page 1 of 42 Centre Private Limited, a Hospital in Nagpur, Dr. Nirmal Jaiswal, Chief Consultant and Intensive Care Unit In-charge, at Suretech Hospital, Dr. Madhusudan Shendre, ENT Surgeon at Suretech Hospital, and Dr. M. A. Biviji, Radiologist at Suretech Hospital to jointly and severally pay Rs. 6,11,638/- as compens...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2023
Reportable 2023 INSC920IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No.1011 of 2022 Supriyo @ Supriya Chakraborty & Anr. Petitioners Versus Union of India Respondent With Writ Petition (Civil) No.93 of 2023 With T. C. (Civil) No.5 of 2023 With T. C. (Civil) No.8 of 2023 With T. C. (Civil) No.9 of 2023 With T. C. (Civil) No.11 of 2023 With T. C. (Civil) No.12 of 2023 With Writ Petition (Civil) No.1020 of 2022 With Writ Petition (Civil) No.1105 of 2022 With Writ Petition (Civil) No.1141 of 2022 1 With Writ Petition (Civil) No.1142 of 2022 With Writ Petition (Civil) No.1150 of 2022 With Writ Petition (Civil) No.159 of 2023 With Writ Petition (Civil) No.129 of 2023 With Writ Petition (Civil) No.260 of 2023 With T. C. (Civil) No.6 of 2023 With Writ Petition (Civil) No.319 of 2023 With T. C. (Civil) No.7 of 2023 With T. C. (Civil) No.10 of 2023 With T. C. (Civil) No.13 of 2023 And with Writ Petition (Civil) No.478 of 2023 2 JUDGMENT Dr Dhananjaya Y Chandrac...
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