Court : Karnataka
1 R Reserved on :12. 09.2024 Pronounced on :24. 09.2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.22356 OF2024(GM RES) BETWEEN: SHRI SIDDARAMAIAH AGED ABOUT78YEARS S/O SHRI SIDDARAME GOWDA HONBLE CHIEF MINISTER OF KARNATAKA RESIDING AT NO.6, CAUVERY CRESCENT BENGALURU 560 001. ... PETITIONER (BY DR. ABHISHEK MANU SINGHVI, A/W., PROF. RAVI VARMA KUMAR, SR. ADVOCATE FOR SRI SHATHABISH SHIVANNA, SRI SAMRUDH S.HEGDE, AND SRI ABHISHEK J., ADVOCATES) AND:1. . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA2BENGALURU 560 001. 2 . THE SPECIAL SECRETARY TO HIS EXCELLENCY THE GOVERNOR OF KARNATAKA RAJ BHAVAN, BENGALURU 560 001. 3 . MR. ABRAHAM T. J., RESIDING AT ASHIRVAD23262ND A CROSS, 16 B MAIN HAL2D STAGE, INDIRANAGAR BENGALURU 560 008. 4 . SRI SNEHAMAYI KRISHNA AGED ABOUT54YEARS S/O LATE SIDDAPPA RESIDING AT NO.335, BANDIPALYA GANAPATHY ASHRAMA POST MYSURU ...
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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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REPORTABLE2024INSC710IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION No.19 OF2024AJAY MADHUSUDAN PATEL & ORS. PETITIONERS VERSUS JYOTRINDRA S. PATEL & ORS. RESPONDENTS JUDGMENT Arbitration Petition No.19 of 2024 Page 1 of 67 J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided in the following parts: INDEX A. FACTUAL MATRIX .................................................................................. 3 B. SUBMISSIONS ON BEHALF OF THE PETITIONER (AMP GROUP) ............................................................................................................ 25 C. SUBMISSIONS ON BEHALF OF THE RESPONDENT (JRS GROUP) ............................................................................................................ 31 D. SUBMISSIONS ON BEHALF OF THE RESPONDENT (SRG GROUP) ............................................................................................................ 32 E. ANALYSIS .....................
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REPORTABLE2024INSC709IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10662 of 2024 (Arising out of the Special Leave Petition (Civil) No.14286 of 2022) M/s. ULTRA-TECH CEMENT LTD. APPELLANT VERSUS MAST RAM & ORS. RESPONDENTS JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided into the following parts: - INDEX I. FACTUAL MATRIX 3 II. SUBMISSIONS ON BEHALF OF THE APPELLANT ...8 III. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS. 1-6 .12 IV. SUBMISSIONS ON BEHALF OF THE RESPONDENT No.10 13 V. SUBMISSIONS ON BEHALF OF THE RESPONDENT No.11 ..15 VI. ISSUES FOR DETERMINATION .17 VII. ANALYSIS .18 A. Scheme of Arrangement between the Appellant and JAL under Sections 391 to 394 respectively of the Companies Act, 1956 18 B. Return of acquired land under the 2013 Act ..25 C. Impugned Order of the High Court ....28 D. Role of the State under Article 300-A of the Constitution ...30 VIII. CONCLUSION ..37 2 1. Leave Granted.2. This appeal ...
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2024 INSC695NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8374 OF2024SRI SIDDARAJA MANICKA PRABHU TEMPLE APPELLANT VERSUS THE IDOL OF ARULMIGHU KAMAKALA KAMESHWARAR TEMPLE ... RESPONDENT JUDGMENT AUGUSTINE GEORGE MASIH, J.1. The challenge in this Appeal pertains to the Judgment dated 26.10.2017 passed by the Division Bench of the High Court of Judicature at Madras (hereinafter referred to as the Madras High Court) in Original Side Appeal No.272 of 2011, whereby the appeal preferred by the Appellant-Defendant was dismissed.2. The relevant facts for the purpose of adjudication of the present challenge are succinctly enumerated as follows. The subject matter in question comprises of Civil Appeal No.8374 of 2024 Page 1 of 22 an immovable property located adjacent to the Respondent-Plaintiff-Temple, namely, Kamakala Kameshwarar Temple (hereinafter referred to as the suit property or Schedule A property). The suit property and the Respondent-Plain...
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1 REPORTABLE2024INSC689IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2024(Arising Out of Special Leave Petition (C) No.20580 of 2023) KIMNEO HAOKIP HANGSHING APPELLANT VERSUS KENN RAIKHAN & ORS. RESPONDENTS JUDGMENT SUDHANSHU DHULIA, J.Leave granted.2. The appellant before this Court is a Member of Legislative Assembly (hereinafter MLA) and was elected from the 46-Saikul Assembly Constituency in the 12th General Elections to the Manipur Legislative Assembly, which were held in 2022. 2 The respondent, who was also a contestant from the same seat, filed an Election Petition before the High Court of Manipur challenging the result of the election on the grounds that the appellant has not disclosed her assets in her nomination papers and that she had indulged in corrupt practices in the election. The appellant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) read with Section 86 of the Representation of the People Act, 19...
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2024 INSC692REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9702 OF2024KUKREJA CONSTRUCTION COMPANY & OTHERS APPELLANTS VERSUS STATE OF MAHARASHTRA & OTHERS RESPONDENTS WITH CIVIL APPEAL NO.9703 OF2024CIVIL APPEAL NO.9704 OF2024CIVIL APPEAL NO.9705 OF2024CIVIL APPEAL NO.9706 OF2024CIVIL APPEAL NO.9707 OF2024CIVIL APPEAL NO.9708 OF2024CIVIL APPEAL NO.9709 OF2024CIVIL APPEAL NO.9710 OF2024CIVIL APPEAL NO.9711 OF2024CIVIL APPEAL NO.9712 OF2024Page 1 of 86 JUDGMENT NAGARATHNA, J.These appeals have been filed against three impugned judgments and orders of the High Court of Judicature at Bombay, namely, i) Judgment dated 18.12.2018 whereby Writ Petition Nos. 1898/2009, 1823/2012, 839/2015, 2871/2015, 2107/2016, 2170/2016, 384/2017 and 541/2017 were rejected on the ground of delay and laches and the writ petitioners therein/appellants herein have filed an appeal. Writ Petition Nos. 203/2014 and 2262/2010 were allowed and Writ Petition No.1860/2017 was p...
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NON-REPORTABLE2024INSC688IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.. OF2024(Arising out of SLP (C) No.24805 of 2023) RASHMI KANT VIJAY CHANDRA & ORS. APPELLANT(S) Versus BAIJNATH CHOUBEY & COMPANY RESPONDENT(S) ORDER Leave Granted.2. This appeal is directed against the judgment and order dated 24th August, 2023 passed in S.A.No.100 of 2021 by the High Court of Calcutta, whereby the judgment and order dated 12th December, 2019 passed by the City Civil Court at Calcutta1 in Title Appeal No.14/2018 was set aside. The First Appellate Court set aside the findings returned by the Presidency Small 1 Hereinafter referred as First Appellate Court 1 | SLP (C) No . 2 4805/2023 Cause Court2 in favour of the respondent-tenant, at Calcutta in Ejectment Suit No.1079 of 2002 by order dated 27th November, 2017.3. The issue inter se the parties, is one between a landlord and tenant. The facts stretch about 90 years in time beginning on 19th February, 1933, when one Harak...
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- 1 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL No.11440 OF2011C/W MISCELLANEOUS FIRST APPEAL No.206 OF2018IN MFA No.11440/2011: BETWEEN:1. LAKSHMINARAYANAPPA @ MOOGAPPA, S/O ADINARAYANAPPA, AGED41YEARS, 2. SMT. PARVATHAMMA, W/O LAKSHMINARAYANAPPA @ MOOGAPPA, AGED36YEARS, 3. ANAND, S/O LAKSHMINARAYANAPPA @ MOOGAPPA, AGED13YEARS, THIRD APPELLANT IS A MINOR HENCE HE IS REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN THE FIRST APPELLANT ALL ARE R/AT GINKALAVARIPALLI VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT, AND NOW AT No.102M2D CROSS, 1ST MAIN, YELAHANKA, BANGALORE. APPELLANTS (BY SRI. K.V.SHYAMAPRASAD, ADVOCATE) - 2 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 AND:1. M/S ROYAL SUNDARAM ALLIANZ INS. CO. LTD., No.132, SRI BALAJI SOVEREIGN, 2ND FLOOR, BEXT TO URBAN EDGE, BRIGADE ROA...
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- 1 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL No.11440 OF2011C/W MISCELLANEOUS FIRST APPEAL No.206 OF2018IN MFA No.11440/2011: BETWEEN:1. LAKSHMINARAYANAPPA @ MOOGAPPA, S/O ADINARAYANAPPA, AGED41YEARS, 2. SMT. PARVATHAMMA, W/O LAKSHMINARAYANAPPA @ MOOGAPPA, AGED36YEARS, 3. ANAND, S/O LAKSHMINARAYANAPPA @ MOOGAPPA, AGED13YEARS, THIRD APPELLANT IS A MINOR HENCE HE IS REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN THE FIRST APPELLANT ALL ARE R/AT GINKALAVARIPALLI VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT, AND NOW AT No.102M2D CROSS, 1ST MAIN, YELAHANKA, BANGALORE. APPELLANTS (BY SRI. K.V.SHYAMAPRASAD, ADVOCATE) - 2 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 AND:1. M/S ROYAL SUNDARAM ALLIANZ INS. CO. LTD., No.132, SRI BALAJI SOVEREIGN, 2ND FLOOR, BEXT TO URBAN EDGE, BRIGADE ROA...
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