Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 2008-09/2014 [Arising out of S.L.P.(Civil) Nos. 35565-35566/2011]. G. DHANASEKAR APPELLANT (S) VERSUS M.D., METROPOLITAN TRANSPORT CORPORATION LIMITED RESPONDENT (S) JUDGMENT KURIAN, J.: Leave granted.2. Whether an accident victim is entitled to get compensation for functional disability?. If so, what is the method for computation of compensation?. These are the two issues arising for considerations in this case.3. Computation of just and reasonable compensation is the bounden duty of the Motor Accident Claims Tribunal. In view of the plethora of judgments rendered by this Court regarding the approach to be made in the award of compensation, we do not find it necessary to start with the first principles. In Rajesh and Others v. Rajbir Singh and Others[1]., Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited[2]. and in Rekha Jain v. National Insurance Company Limited ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.979 OF2014(Arising out of SLP (C) No.26090 of 2011) Renu & Ors. Appellants Versus District & Sessions Judge, Tis Hazari & Anr. Respondents JUDGMENT Dr. B. S. CHAUHAN, J.1. The matter initially related to the appointment of Class IV employees in the courts subordinate to Delhi High Court as the dispute arose about the continuity of the employees appointed on ad-hoc basis for 89 days which stood extended for the same period after same interval from time to time. The matter reached the Delhi High Court and ultimately before this Court. This court vide order dated 10.5.2012 took up the matter in a larger perspective taking cognizance of perpetual complaints regarding irregularities and illegalities in the recruitments of staff in the subordinate courts throughout the country and in order to ensure the feasibility of centralising these recruitments and to make them transparent and transferable....
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 1967-68 OF2014(Arising out of SLP (C) Nos. 16165-16166 of 2012) M.D. ORISSA S.H.W COOP. STY. LTD. .....Appellant Versus SATYANARAYAN PATTNAIK & ANR. ..Respondents JUDGMENT1ANIL R. DAVE, J.1. Leave granted.2. Heard the learned counsel and perused the impugned judgment dated 14th May, 2010 delivered in W.P.(C) No.10291 of 2006 and order dated 24th October, 2011 in R.P.No.131 of 2010 delivered by the High Court of Orissa.3. The respondent was an employee, who had submitted his application for voluntary retirement under the Voluntary Retirement Scheme dated 9.6.2006 floated by the appellant-employer. Before the final decision in pursuance of the said application was communicated by the appellant-employer to the respondent-employee, the respondent- employee had made a request for withdrawal of the said application and ultimately the appellant-employer had not accepted the application for withdraw...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1955 OF2014[Arising out of Special Leave Petition (Civil) No.18724 of 2008]. Union of India & Ors. .. Appellant(s) versus S.P. Verma .. Respondent(s) JUDGMENT C. NAGAPPAN, J.1. Leave granted.2. The dispute in this appeal relates to the validity of an order dated 18.2.1998 of dismissal passed by the appellants against respondent. The dismissal came as a measure of punishment for proved misconduct on account of the respondent having occupied a parcel of land owned by the Indian Railways with whom the respondent was employed at the relevant point of time. The dismissal order was challenged by the respondent before the Central Administrative Tribunal who quashed the same by its order dated 17.5.2007. The appellants questioned the said order of dismissal before the High Court of Allahabad in W.P. No.30501 of 2007 which was disposed of by a Division Bench of that Court by an order dated 8.2.2008. Th...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTON CIVIL APPEAL NO.1956 OF2014(Arising out of S.L.P. (C) No.7729 of 2012) Dr.Purshotam Kumar Kaundal ....Appellant Versus State of H.P. and Others ....Respondents JUDGMENT Madan B. Lokur, J.Leave granted.2. The only question for consideration is whether respondent No.5 Dr. D.D. Gupta was eligible for being considered for promotion to the post of Assistant Professor in accordance with the Himachal Pradesh Medical Education Service Rules, 1999. In our opinion, the question should be answered in the affirmative and against the appellant Dr. Purshotam Kumar Kaundal.3. The eligibility criteria for promotion to the post of Assistant Professor, as laid down in the Service Rules is as follows:- By promotion from amongst the lecturers who possess three years regular service or regular combined with continuous ad hoc (rendered upto 31.3.1998) service, if any, in the grade in the concerned specialty failing which by appointment (by...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9730 OF2011State Bank of India & Ors. ......Appellants Versus Surya Narain Tripathi .....Respondents JUDGMENT H.L.GOKHALE,J.(1) This appeal seeks to challenge the judgment and order dated 7th February, 2006 rendered by a Division Bench of the High Court of Allahabad in Special Appeal No.318 of 2004 which confirmed the judgment of a learned Single Judge dated 3rd August, 2014 in Writ Petition No.5045 of 1999. (2) Heard Mr. Vikas Singh learned senior counsel appearing on behalf of the appellants and Mr. Sunny Choudhary learned counsel appearing on behalf of the respondent. (3) The brief facts of this appeal are that the one B.P. Tripathi the father of the first respondent was working in the State Bank of India from 27.12.1969 and he died while in service on 19.1.1998 after completing more than 28 years of service. At that time he was working as Assistant Manager. The respondent No.1 who is his son a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1970 OF2014(@ out of SPECIAL LEAVE PETITION (CIVIL) NO.20625/2010) Dr. Suhas H. Pophale Appellant Versus Oriental Insurance Co. Ltd. and Its Estate Officer Respondents JUDGMENT H.L. Gokhale J.Leave granted.2. This appeal by special leave raises the question as to whether the rights of an occupant/licensee/ tenant protected under a State Rent Control Act (Bombay Rent Act, 1947 and its successor the Maharashtra Rent Control Act, 1999, in the instant case), could be adversely affected by application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Public Premises Act for short)?. This question arises in the context of the eviction order dated 28.5.1993 passed by the respondent No.2, Estate Officer of the first respondent, invoking the provisions of the Public Premises Act with respect to the premises occupied by the appellant since 20.12.1972. The eviction order has been upheld by...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1297 OF2004VIJAYANDER KUMAR & ORS. ... APPELLANTS VS. STATE OF RAJASTHAN & ANR. ... RESPONDENTS JUDGMENT SHIVA KIRTI SINGH, J.The appellants have preferred this appeal against the dismissal of their petition under Section 482 of the Criminal Procedure Code (for brevity `Cr.P.C.) by the High Court of judicature for Rajasthan at Jodhpur. The High Court declined to interfere with the order of learned Chief Judicial Magistrate, Sriganganagar, dated 22.05.2000 in Case No.63/2000, taking cognizance of offence under Section 420 read with Section 120-B of the Indian Penal Code.2. Respondent No.2, Surendra Singhla, lodged a police case against the appellants as well as one Satish Singhla on 28.04.1998. According to the averments and allegations in the written report, the informant is a partner of the Firm M/s. Rajshree Cotton Corporation, Sriganganagar, working as broker as well as dealer in the ...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1941 OF2014(Arising out of S.L.P. (C) No.15530 of 2013) Chennai Metropolitan Water Supply and Sewerage Board and others Appellants Versus T.T. Murali Babu Respondent JUDGMENT Dipak Misra, J.Leave granted.2. The present appeal, by special leave, is directed against the judgment and order dated 22.11.2012 passed by the High Court of Judicature at Madras in Writ Appeal No.2531 of 2012 whereby the Division Bench has affirmed the judgment and order dated 21.7.2011 in W.P. No.25673 of 2007 whereunder the learned single Judge had allowed the writ petition, and after setting aside the punishment of dismissal, directed reinstatement of the respondent with continuity of service but without back wages.3. Bereft of unnecessary details, the expose of facts that have been undraped are that the respondent was appointed as a Surveyor in Chennai Metropolitan Water Supply and Sewerage Board (for short, CMWSSB) and subsequently p...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1938 OF2014(Arising out of SLP (Civil) Nos. 15252 of 2006) Pratima Chowdhury Appellant Versus Kalpana Mukherjee & Anr. ...Respondents JUDGMENT JAGDISH SINGH KHEHAR, J.1. Orchestra Co-operative House Society Limited (hereinafter referred to as the Society) raised flats at 48/IE, Gariahat Road, Calcutta 700019. Indirani Bhattarcharya became a member of the Society on 12.1.1987. She was issued share certificates bearing nos. 0047 and 0048. Based on the above membership she was allotted flat No.5D for a consideration of Rs. 4 lakhs. The above flat measuring 900 sq. ft. comprised of three bed rooms, two bath rooms, one drawing-cum-dinning room, a kitchen and verandah on the fourth floor. In addition to the above, she was allotted one covered garage space on the ground floor. The transfer of the flat No.5D by the Society to Indirani Bhattacharya was approved by the Deputy Registrar, Co- operative Socie...
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