Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8468 OF2015(Arising out of Special Leave Petition (C) No.28369 of 2012) The Working Friends Coopertive House .....Appellant Building Society Ltd. Versus The State of Punjab & Ors. Respondents JUDGMENT Madan B. Lokur, J.Leave granted. The question for consideration is whether the compulsory acquisition of the appellants land under the Land Acquisition Act, 1894 lapses in view of the provisions of Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act). In our opinion, the question must be answered in the affirmative and it must be held that the compulsory acquisition of the appellants land has lapsed. The Facts 3. A notification was issued by the State Government under Section 4 of the Land Acquisition Act, 1894 on 12th November, 1992 proposing to acquire a large chunk of land. This was followed by a notificatio...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1978 OF2007|M/S. SPENTEX INDUSTRIES LTD. |...APPELLANT | |VERSUS | | |COMMISSIONER OF CENTRAL EXCISE & ORS. |...RESPONDENTS | W I T H CIVIL APPEAL NOS. 2025-2026 OF2013CIVIL APPEAL No.2027 OF2013AND CIVIL APPEAL No.10534 OF2013JUDGMENT A.K. SIKRI, J.In all these appeals, the basic question of law which arises for consideration is as to whether or not the manufacturer/exporter is entitled to rebate of the excise duty paid both on the inputs and on the manufactured product, when excise duty is paid on a manufactured product and also on the inputs which have gone into manufacturing the product and such manufactured product is exported?. We may point out at the outset that, as per the scheme provided by the relevant Rules framed under the Central Excise Act, 1944 (hereinafter referred to as the 'Act') two options are admissible in respect of exemption from excise duty which is to be given when the goods m...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION No.6 OF2012AND INTERLOCUTORY APPLICATION No.7 OF2014IN CIVIL APPEAL No.5514 OF2012WITH REVIEW PETITION (C) No.2246/2015 IN CIVIL APPEAL No.5514 OF2012RAZIA AMIRALI SHROFF AND OTHERS PETITIONERS VERSUS M/S NISHUVI CORPORATION AND OTHERS RESPONDENTS ORDER M. Y. EQBAL, J.Delay in filing the review petition is condoned.2. By this review petition, the petitioners are seeking limited review of the judgment dated 8th April, 2015 passed by this Court in Civil Appeal No.5514 of 2012 and other connected matters (reported in (2015) 6 SCC412 to the extent that the said judgment has not considered or decided the issue raised in the petitioners C.A.No.5514 of 2012 regarding the petitioners entitlement to ad-interim relief under Section 9A(2) of the Code of Civil Procedure (Maharashtra Amendment) during the consideration of preliminary issue under Section 9A(1) of the Code.3. A separate interlocutory appli...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.207 OF2011Maqsood & Ors. ... Appellant (s) Versus State of U.P. ... Respondent(s) WITH CRIMINAL APPEAL NO.208 OF2011JUDGMENT RANJAN GOGOI, J.Criminal Appeal No.207 of 2011 Out of the 8 appellants who have filed this appeal challenging their conviction, inter alia, under Section 325 IPC as made by the High Court by the impugned judgment and order dated 21.05.2010, the appellant Nos.2 and 6 (Shakeel and Haneef) have died during the pendency of the present appeal. We will, therefore, be concerned with the case of the remaining appellants before us. The learned trial court had convicted the appellants under different provisions of the Indian Penal Code including Section 308 thereof and sentenced the accused appellants to undergo RI for a period of 4 years under the aforesaid section of the Code. In appeal, the High Court while maintaining the conviction and sentence awarded for the lesser offences a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8249 OF2015(Arising out of SLP(C) No.19947 of 2010) DULU DEVI .....APPELLANT VERSUS STATE OF ASSAM AND OTHERS ....RESPONDENTS JUDGMENT M.Y. Eqbal J.Leave granted.2. The appellant has preferred this appeal by special leave against the impugned order dated 06.04.2010 passed by the Gauhati High Court in Writ Petition (Civil) No.2560 of 2007, filed by the appellant seeking a direction to the respondents to allow her to continue in service as Headmistress in-charge of the Dhemaji Rastrabhasha Hindi Lower Primary School; for regularisation of her service and for payment of regular salary to her for the service being rendered. The High Court dismissed the said writ petition.3. The facts of the case which reveals from the list of dates furnished by the appellant and have not been disputed by the respondents, are as under.4. The appellant was first appointed as an Assistant Teacher in Assamese subject in the D...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 821-825 OF2009Vasant Balu Patil & Ors. ... Appellant (s) Versus Mohan Hirachand Shah & Ors. ... Respondent(s) JUDGMENT RANJAN GOGOI, J.The plaintiffs suits (Nos. 124 of 1982 and 125 of 1982) for declaration of title and injunction were dismissed by the learned trial court. In first appeal, the learned District Judge reversed the decree of dismissal and decided the suits in favour of the plaintiffs. The said decree has been affirmed in second appeal by the Bombay High Court. Aggrieved the present appeals have been filed by the defendants in the two suits. Insofar as recital of the relevant facts is concerned it will suffice to notice that the plaintiffs suits were initially for injunction against one Essar Construction Company (Suit No.125 of 1982) and one Ardeshir B. Kurshetji & Sons Pvt. Ltd. (Suit No.124 of 1982) who were raising certain constructions on the suit land of which the plaintiffs claim...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8609-8610 OF2009Om Prakash Sharma @ O.P. Joshi ... Appellant (s) Versus Rajendra Prasad Shewda & Ors. ... Respondent(s) JUDGMENT RANJAN GOGOI, J.The suit property comprises of land and building covered by holding No.L-395 on the Thana Lane within the Purulia Municipality, District Purulia, West Bengal. The following genealogical table may be set out for ready reference and clarity of the facts that will be required to be noticed. Jagannath Joshi = Moni Debi (Died October 1953) (Died August 1963) ____________________________ Brijlal Shewda = Gomati Debi Sitaram Joshi=Kishori Debi Joshi (Daughter) (adopted son-1942) (Original plaintiff) (Died 1967) (Died 1946) (Married to Sitaram in 1945) (Since deceased) Rajendra Pd. Shewda Om Prakash Sharma @ Joshi (allegedly adopted son) (adopted son) (Respondent No.1) (Petitioner No.1) According to the original plaintiff, Kishori Debi Joshi, (since deceased), ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8441 OF2015ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.12788 OF2014YELLAPU UMA MAHESWARI & ANR. ...APPELLANTS VERSUS BUDDHA JAGADHEESWARARAO & ORS. ...RESPONDENTS JUDGMENT N.V. RAMANA, J.Leave granted.2. This Appeal has been preferred aggrieved by the orders passed by the High Court of Judicature of Andhra Pradesh in CRP No.3419 of 2013, dt. 27/12/2013 wherein and whereby the learned Judge has dismissed the Revision Petition preferred by the Appellants/Defendant Nos. 1 & 2 by confirming the orders passed in O. S No.10 of 2004, dt. 08/07/2013 on the file of Principal Senior Civil Judge, Anakapalle.3. The brief facts which are necessary for adjudicating the dispute involved in the present appeal, in nutshell, are as follows.4. The 1st respondent/plaintiff filed O.S No.10 of 2004 on the file of Senior Civil Judge Court, Anakapalle against the appellants and others for the relief of partition claimin...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION1CIVIL APPEAL No.3594 OF2011Ram Bahal & Anr. .... Appellant(s) Versus Deputy Director of Consolidation Azamgarh & Ors. .... Respondent(s) 2 JUDGMENT R.K. Agrawal, J.1) The present appeal has been filed against the order dated 28.07.2003, passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.247 of 1997 whereby the High Court dismissed the petition preferred by the appellants herein while confirming the order of the Deputy Director of Consolidation, Azamgarh and the Consolidation Officer dated 11.11.1976 and 29.03.1974 respectively. Brief Facts:2. The dispute relates to Plot Nos. 795, 796 and 903 situated in village Bahauddinpur, District Azamgarh. The said plots were admittedly recorded in the name of the respondent Nos. 3 and 4 in the basic year record. The names of the appellants were shown to be recorded in the possession column. In the consolidation proceedings, both the appellants an...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8399 OF2015(Arising out of Special Leave Petition (C) No.26698 OF2010 Narayan Laxman Patil .... Appellant(s) Versus M/s Gala Construction Company Private Limited & Ors. .... Respondent(s) 1 2 JUDGMENT R.K. Agrawal, J.1) Leave granted2) This appeal is directed against the final judgment and order dated 22.06.2010 passed by the Division Bench of the High Court of Judicature at Bombay in Appeal No.245 of 2007 in Writ Petition No.2103 of 2003 whereby the High Court allowed the appeal filed by the respondents herein against the judgment and order dated 03.08.2006 passed by the learned single Judge of the High Court in Writ Petition No.2103 of 2003.3) Brief facts: (a) The land in question, admeasuring 11 acres out of the land bearing Survey No.221 of Village Eksar, Taluka Borivali, Maharashtra, originally belonged to one Kamlakar Narayan Samant. A portion of the said land was in the possession of Narayan La...
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