Court : Karnataka
- 1 - MFA No.9035 of 2012 C/W MFA.CROB No.47 of 2014 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.9035 OF2012C/W MFA CROB.NO.47 OF2014(WC) IN MFA NO.9035/2012 BETWEEN: M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, VTC TOWER, 2ND FLOOR, OPPOSITE TO BATA, NO.39, CMH ROAD, INDIRANAGAR, BANGALORE. REPRESENTED BY: M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, NO.89, 2ND FLOOR, S.V.R COMPLEX, HOSUR MAIN ROAD, MADIWALA, BANGALORE - 560 068. REPRESENTED BY ITS MANAGER LEGAL. APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) - 2 - MFA No.9035 of 2012 C/W MFA.CROB No.47 of 2014 AND:1. SRI. N. KRISHNAPPA, S/O. LATE NARAYANAPPA, AGED ABOUT53YEARS, 2. SMT. LAKSHMIDEVAMMA, W/O. N. KRISHNAPPA, AGED ABOUT48YEARS, BOTH ARE R/AT YEDAHALLI, THORADEVANAHALLI POST, KASABA HOBLI, KOLAR TALUK & DISTRICT.3. D.C. NAGARAJ, S/O. CHIKKA ANNAIAH, RESIDING AT NO.9, DEVISHETTIHALLI VILLA...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2963 OF2023[Arising out of Special Leave Petition (Civil) No.14970 of 2021]. Bishambhar Prasad Appellant Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. WITH CIVIL APPEAL No.2965 OF2023[Arising out of Special Leave Petition (Civil) No.13106 of 2021]. The Rajasthan Industrial Development Appellant and Investment Corporation Ltd. Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. WITH C.A. No.of 2023 @ SLP (C)No.14970 OF2021ETC.ETC. Page 1 of 113 CIVIL APPEAL No.2964 OF2023[Arising out of Special Leave Petition (Civil) No.13008 of 2021]. The State of Rajasthan & Anr. Appellant Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. WITH CIVIL APPEAL NO.2966 OF2023[Arising out of Special Leave Petition (Civil) No.960 of 2022]. The President, J.K. Staple & Acrylic Appellant Employees Union & Ors. Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. AND CIVIL APP...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 677-678 OF2021MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED ...APPELLANT(S) VERSUS ADANI POWER MAHARASHTRA LIMITED AND ANOTHER ...RESPONDENT(S) JUDGMENT B.R. GAVAI, J.1. The present appeals challenge the judgment and order dated 28th September 2020 passed by the Appellate Tribunal for Electricity (hereinafter referred to as APTEL), in cross appeals being Appeal No.116 of 2019, filed by Maharashtra State Electricity Distribution Company Limited (hereinafter referred to as MSEDCL), the appellant herein, and Appeal No.155 of 2019, filed by ADANI Power Maharashtra Limited (hereinafter referred to as APML), respondent No.1 herein, thereby challenging the order dated 7th February 2019, 1 passed by Maharashtra Electricity Regulatory Commission (hereinafter referred to as MERC).2. The facts, in brief, giving rise to the present appeals are as under: APML and MSEDCL had entered into four long te...
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- 1 - WP No.14685 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF APRIL, 2023 R BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION No.14685 OF2014(LB-BMP) BETWEEN:1. SMT V KAMALA W/O LATE M.VENKATESH, AGED56YEARS, 2. SHRI M.VENKATESH S/O LATE M.M.MUNISWAMAPPA, AGED65YEARS, RESIDING AT NO.105, DAMODRA MUDALIAR STREET, ULSOOR, BANGALORE-560 008. ... PETITIONERS (BY SRI. ARUN B.M., ADVOCATE) AND:1. BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 001, BY ITS COMMISSIONER.2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 001.3. ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, - 2 - WP No.14685 of 2014 MARUTHI SEVANAGARA SUB-DIVISION, BANGALORE.4. SHRI.V.CHANDRASHEKAR S/O LATE M.VENKATARAMAIAH, AGED55YEARS, RESIDING AT NO.9/1A, GROVER ROAD, SARVAGNANAGAR, COX TOWN, BANGALORE-560 005.5. SHRI.V.VASUDEV SINCE DEAD BY LR's a) SMT. GEETHA WIFE OF LATE V. VASUDEV, AGED ABOUT50YEARS b) Ms. V. ZAINKA...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1359 OF2017AMOD KUMAR KANTH Appellant(s) VERSUS ASSOCIATION OF VICTIM OF UPHAAR TRAGEDY AND ANR. Respondent(s) JUDGMENT (1) By the impugned order, the High Court has dismissed the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity). The petition under Section 482 Cr.P.C. was filed against the order passed by the Additional Sessions Judge Metropolitan Magistrate rejecting the closure report filed by the Central Bureau of Investigation (hereinafter referred to as CBI for short) which was filed against the appellant. The closure report filed by the CBI was not accepted by the Magistrate, who instead took cognizance on the protest petition filed by the first respondent before us (Association of Victims of Uphaar Tragedy). As noted by the learned Judge in the impugned judgment on 13.06.1997, 59 persons lost their l...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.11095 OF2018GMR WARORA ENERGY LIMITED ...APPELLANT (S) VERSUS CENTRAL ELECTRICITY REGULATORY COMMISSION (CERC) & ORS. ...RESPONDENT (S) WITH CIVIL APPEAL NOS.11910-11911 OF2018CIVIL APPEAL NOS.12055-12056 OF2018CIVIL APPEAL NO.3123 OF2019CIVIL APPEAL NO.5372 OF2019CIVIL APPEAL No.6641 OF2019CIVIL APPEAL NOS. 2935-2936 OF2020CIVIL APPEAL NOS. 4628-4629 OF2021CIVIL APPEAL NOS. 5583-5584 OF2021CIVIL APPEAL No.39 OF2021CIVIL APPEAL No.5005 OF2022CIVIL APPEAL No.4089 OF20221 Index I. INTRODUCTION.. Paras 1 to 5 II. BRIEF FACTS AND SUBMISSIONS.. Paras 6 to 91 III. ADDITIONAL ISSUES Para 92 IV. CONSIDERATION Paras 93 to 130 V. CONCLUSION Paras 131 to 168 VI. EPILOGUE.. Paras 169 to 184 List of abbreviations:1. APTEL - Appellate Tribunal for Electricity 2. CEA - Central Electricity Authority 3. CERC - Central Electricity Regulatory Commission 4. CIL - Coal India Limited 5. COD - Commercial Operation Date 6. C...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2890-2891 OF2023(ARISING OUT OF SLP(C) NOS. 10362-10363 OF2022 ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRA .APPELLANT(S) VERSUS MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. & ANR. .RESPONDENT(S) JUDGMENT DINESH MAHESHWARI, J.Leave granted.2. The present appeals are in challenge to the order dated 23.04.2021 as passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Petition No.12075 of 2020 whereby the High Court partly allowed the writ petition and while maintaining the order of debarment as passed against the appellant, modified its term of operation by making the same effective from 13.02.2020 for a period of three years, instead of being effective from 30.07.2020. The appellant has also challenged the order dated 13.12.2021 in Review Petition No.894 of 2021, whereby the High Court dismissed the review petition against the said order dated 23....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4206-4207 OF2011[Arising out of Special Leave Petition (C) No.3229-3230 of 2011]. GADDIPATI DIVIJA & ANR. APPELLANT(S) VERSUS PATHURI SAMRAJYAM & ORS. RESPONDENT(S) JUDGMENT KRISHNA MURARI, J.These two appeals are directed against the judgment and final order dated 05.10.2010 passed by the High Court of Andhra Pradesh at Hyderabad (hereinafter referred to as High Court) in Appeal Suit No.45 of 2008 filed by Respondent No.1 herein against the judgment and decree dated 22.08.2007 passed by the Additional Senior Civil Judge, Ongole (hereinafter referred to as Trial Court) in O.S. No.142 of 2004; and order dated 10.12.2010 in ASMP No.2292 of 2010 filed by the Appellants herein, seeking to recall the aforementioned judgment dated 05.10.2010 passed in Appeal Suit No.45 of 2008. 12. The High Court allowed Appeal Suit No.45 of 2008 filed by Respondent No.1 and set aside the judgment and decree dated 22.08.2...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2892-2894 OF2023(ARISING OUT OF SLP (CIVIL) NOS. 8163-8165 OF2022 M/S SUNEJA TOWERS PRIVATE LIMITED & ANR. .APPELLANT(S) VERSUS ANITA MERCHANT .RESPONDENT(S) JUDGMENT DINESH MAHESHWARI, J.Table of Contents Preliminary and brief outline ............................................................................................ 2 Relevant factual and background aspects ......................................................................... 5 The State Commission awarding compound interest ....................................................... 11 Approval by the National Commission ............................................................................ 17 Rival Contentions ........................................................................................................... 19 Matters of form and pleading not relevant in the present case ....................................... 35 The cite...
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1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1153 OF2023(Arising out of Special Leave Petition (Crl.) No.10160 of 2021) Yedala Subba Rao & Anr. Appellants versus Union of India ...Respondent JUDGMENT ABHAY S. OKA, J.1. Leave granted. FACTUAL ASPECTS2 The appellants are accused nos.46 and 47 in FIR No.65 of 2018 registered on 23rd September 2018 at Dumbriguda Police Station, District Vishakhapatnam, in Andhra Pradesh. The appellants, along with other coaccused, are being prosecuted for the offences punishable under Section 120B read with Section 302 of the Indian Penal Code, Sections 18, 19, 20 and 39 of the Unlawful Activities 2 (Prevention) Act, 1967 (for short the UAPA). The appellants are also charged with offences punishable under Sections 4 and 5 of the Explosives Substances Act, 1908 (for short the Explosives Act).3. The incident is of 23rd September 2018. At about 12:10 hours, Shri Kidari Sarveswara Rao, a member of the Legisla...
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