Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8042 OF2019[Arising out of Special Leave Petition(C)No.6371 OF2019 John DSouza ..... Appellants(s) VERSUS Karnataka State Road Transport Corporation .....Respondents(s) JUDGMENT SURYA KANT, J.Leave granted. The instant appeal, by special leave, is directed against 2. the judgment and order dated 30th November, 2018 passed by the Division Bench of High Court of Karnataka at Bangalore whereby the intra-Court appeal preferred by the 1 Karnataka State Road Transport Corporation (in short, `the Corporation) against the order dated 20th September, 2017 of the Learned Single Judge has been allowed and after setting aside the order dated 28th October, 2016 of the First Additional Labour Court, Bangalore, the said Court has been directed to decide afresh application of the Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 (in short, `the Act) in accordance with the observations made by th...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1692 OF2009EBHA ARJUN JADEJA & ORS. APPELLANT(S) Versus THE STATE OF GUJARAT RESPONDENT(S) JUDGMENT Deepak Gupta, J.1. This appeal by the accused is directed against the order passed by the Designated TADA Court whereby the application filed by the accused that they should be discharged due to non compliance of Section 20A(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act) was dismissed.2. Briefly stated the facts of the case are that appellant No.1/accused No.1, Ebha Arjun Jadeja, was wanted in Crime No.II 1 3/1994 registered against him under Section 25(1B)(a) and 27 of the Arms Act, 1959 and under Section 3 and 5 of TADA Act etc.3. The prosecution version is that on 10.04.1995, when Police Inspector C.J.Singh along with some other police personnel was doing night round in Kutiyana and was trying to keep a secret watch over bootlegger...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.478-479 OF2017Vinubhai Haribhai Malaviya and Ors. Appellants Versus The State of Gujarat and Anr. Respondents JUDGMENT R.F. Nariman, J.1. This case arises out of a First Information Report (hereinafter referred to as FIR) that was lodged on 22.12.2009. The FIR is by one Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, who are allegedly residing at UK or USA. The gravamen of the complaint made in the FIR is that one Vinubhai Haribhai Malaviya is blackmailing these two gentlemen with respect to agricultural land which is just outside the city of Surat, Gujarat and which admeasures about 8296 square meters. The FIR alleges that Ramanbhai Patel and Shankarbhai Patel are 1 absolute and independent owners of this land, having obtained it from one Bhikhabhai Khushalbhai and his wife Bhikiben Bhikhabhai in the year 1975. The FIR then nar...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 5153 OF2019H. S. YADAV APPELLANT(S) Versus SHAKUNTALA DEVI PARAKH RESPONDENT(S) JUDGMENT Deepak Gupta, J.Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?. is the question arising in this appeal.2. The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as the Act). Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal. In terms of Section 7 of the Act the State can appoint one or more officers not below the rank of Deputy Collector, as Rent Controller with territorial jurisdiction to be specified by the Collector. The Rent 1 Control Tribunal (hereinafter referred to as the Tribunal) is constituted under Section 6 of the Act. This Tribunal has appellate and supervisory jurisdiction. Section 6 of the Act reads as under: 6. Const...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7843 OF2019(Arising out of SLP (Civil) No.9391 of 2019) Ambalal Sarabhai Enterprises Ltd. .Appellant(s) Versus K.S. Infraspace LLP & Anr. . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein is the plaintiff in Commercial Court Suit No.41/2018 filed before the Commercial Court at Vadodara. The respondents herein are arrayed as the defendants to the suit. The respondents on being notified in the suit had appeared and filed the written statement inter alia contending that the suit is not maintainable as the dispute involved cannot be termed 1 as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (CC Act, 2015 for short). In view of such contention, the respondents herein also filed an application under Order VII Rule 10 of the Civil Procedure Code seeking an order to return the plaint to be presented in the Court in which the suit shoul...
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REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION WRIT PETITION (C) No.885/2019 Vidhi Himmat Katariya and others ..Petitioners Versus The State of Gujarat and others ..Respondents WITH WRIT PETITION(C) No.900/2019 WRIT PETITION(C) No.1026/2019 JUDGMENT M.R. SHAH, J.In all the writ petitions, the respective petitioners students have prayed for an appropriate writ, order or direction directing 1 the respondents State Government to treat the petitioners eligible for reservation under Persons with Disability (PwD category) and grant them admission in MBBS Course for the academic year 201920. It is the case on behalf of the respective petitioners that all of them are eligible to pursue MBBS Course and they shall be granted admission under the PwD category as they are suffering from locomotor disability. All of them are seeking admission to MBBS Course in the reserved category under PwD quota.2. That Section 32 of the Right of Persons with Disabilities Act, 2016 (hereinafter r...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5120 OF2019Duncans Industries Ltd. .. Appellant Versus A. J.Agrochem .. Respondent JUDGMENT M. R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.06.2019 passed by the National Company Law Appellate Tribunal (for short NCLAT) by which the learned Appellate Tribunal has allowed the said appeal preferred by the respondent herein and has quashed and set aside the order dated 05.10.2018 passed by the National Company Law Tribunal, Kolkata (for short NCLT), holding that the respondents application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short IBC) would be maintainable, the original respondent has preferred the present appeal. 2 2. The facts of the case in nutshell are as under:2. 1 That the appellant is a Corporate Debtor. It is a company which owns and manages 14 tea gardens. Out of 14 tea gardens, the Central Government vide notifica...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.905 of 2010 THE STATE OF ARUNACHAL PRADESH APPELLANT Versus RAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR. RESPONDENTS WITH Criminal Appeal No.906 of 2010 THE STATE OF TRIPURA APPELLANT Versus RAMCHANDRA RABIDAS @ RATAN RABIDAS RESPONDENT JUDGMENT INDU MALHOTRA, J.1. The issue which has arisen for consideration in the present Criminal Appeals is whether the Gauhati High Court was justified in issuing directions that road traffic offences shall be 1 dealt with only under the provisions of the Motor Vehicles Act, 1988 (M.V. Act), and in holding that in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code,1860 (IPC) is without sanction of law, and recourse to the provisions of the IPC would be unsustainable in law?.2. The Gauhati High Court, Agartala bench vide the impugned judgment dated 22.12.2008 held that: i. Sections 183 and 184 of the M.V. Act, whi...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1399 OF2010RAMESH NIVRUTTI BHAGWAT ...APPELLANT VS. DR. SURENDRA MANOHAR PARAKHE ...RESPONDENT JUDGMENT S. RAVINDRA BHAT, J.1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter the LOA holder), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter Antoinette). 2 2. Antoinette was the wife of Balaji Balwant Bhagwat (hereafter Balaji). The couple were permanent residents of California, US and were US citizens. Balaji predeceased Antoinette, bequeathing all properties to her. She died on 23.1.1981 at Alhambra, Los Angeles County, California. U.S.A. In her last will dated 24.6.1977, she bequeathed her properties to her husband. The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter vi...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO.4184 OF2009State of West Bengal & Ors. . Appellants Calcutta Club Limited Versus AND Respondent CIVIL APPEAL No.7497 OF2012Chief Commissioner of Central Excise and Service & Ors. . Appellants M/s. Ranchi Club Ltd. Respondent CIVIL APPEAL No.7773 OF2019(ARISING OUT OF SLP (C) NO.26883 OF2013 CIVIL APPEAL No.7771 OF2019(ARISING OUT OF SLP (C) NO.22909 OF2013 CIVIL APPEAL No.7772 OF2019(ARISING OUT OF SLP (C) NO.24977 OF2013 Versus WITH WITH WITH WITH CIVIL APPEAL NOS.4377-4380 OF2015WITH CIVIL APPEAL NO.5157 OF2015WITH CIVIL APPEAL NO.7030 OF2015WITH CIVIL APPEAL NO.8543 OF2015WITH CIVIL APPEAL NO.7259 OF2015WITH1CIVIL APPEAL NO.7924 OF2015CIVIL APPEAL No.7774 OF2019(ARISING OUT OF SLP (C) NO.33249 OF2015 WITH WITH WITH WITH WITH WITH WITH WITH WITH CIVIL APPEAL No.7775 OF2019(ARISING OUT OF SLP (C) NO.151 OF2016 CIVIL APPEAL No.7781 OF2019(ARISING OUT OF SLP (C) NO.2491 OF2016 CIVIL APPEAL N...
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