Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8542 OF2009LIC OF INDIA APPELLANT VERSUS INSURE POLICY PLUS SERVICES PVT. LTD. & ORS RESPONDENTS JUDGMENT VIRKAMAJIT SEN, J.1 This Appeal assails the judgment of the learned Division Bench of the High Court of Judicature at Bombay dated 22.3.2007, which allowed the writ petitions of the First and Second Respondent herein. In this detailed and indeed lucid Judgment it has been clarified that the insurance policies issued by the Appellant are transferable and assignable in accordance with the provisions of the Insurance Act, 1938 and in terms of the contract of life insurance. 2 The First Respondent is a company which is engaged, inter alia, in the business of accepting and dealing in assignment of life insurance policies issued by the Appellant. The Second Respondent is the Director and shareholder of the First Respondent. The Third Respondent is a statutory authority established under Section 3 of the...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVILAPPELLATE JURISDICTION CIVIL APPEAL No.3654 OF2006CENTRAL BANK OF INDIA ... APPELLANT Vs. VIRUDHUNAGAR STEEL ROLLING MILLS LTD. & ORS. ... RESPONDENTS JUDGMENT VIKRAMAJIT SEN, J.1 This Appeal assails the concurrent findings of the Trial Court as well as the High Court absolving the Respondents, other than Respondent No.1 which is the company which received various credit facilities from the Appellant Bank, of a total amount of [pic].12 lacs against security of moveable as well as raw materials. These facilities were subsequently secured in favour of the Appellant Bank by means of continuing guarantee by the Directors of the Respondent Company, who are Respondent Nos. 2 to 4 herein, in terms of Promissory Notes, Letters of Guarantee, Letters of Hypothecation and Letters of Continuity all dated 30.8.1974. On 30.6.1977 and again on 31.12.1977, by means of separate letters from the Respondent Company to the Appellant Bank, the entire balance du...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.14735 OF2015(Arising out of SLP(C) 30768 of 2014) Pramod ..Appellant Versus State of Maharashtra & Ors. ....Respondents JUDGMENT SHIVA KIRTI SINGH, J.Leave granted. This appeal raises a question of law as to whether as a senior most lecturer in a private Polytechnic Institution administered by Shri Shiva Ji Education Society-Respondent No.4, the appellant is entitled to be considered for appointment to the post of Principal because it is required to be made only by promotion by virtue of Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for brevity the MEPS Rules) framed under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for brevity the MEPS Act). Although the seniority, qualification and eligibility of the appellant for appointment to the post of Principal was not under question before the Division Bench of the Hi...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVILAPPELLATE JURISDICTION CIVIL APPEAL No.6905 OF2005M/S. S.K.L. CO. ... APPELLANT Vs. CHIEF COMMERCIAL OFFICER & ORS. ... RESPONDENTS JUDGMENT VIKRAMAJIT SEN,J.1 This Appeal assails the Judgment dated 15.7.2004 of the High Court of Karnataka in Writ Appeal Nos. 5722-5723 of 2001 setting aside the judgment of the learned Single Judge dated 25.7.2001 who had allowed both the Writ Petitions and quashed the impugned Notification, holding that the awarding of contract of lease of FSLR and VP is bad in law. The factual matrix of the present case is that in pursuance of the budget speech of the Honble Minister for Railways in the year 1999-2000, the Respondents issued a tender notice No.3/2000-2001 (hereinafter referred to as impugned notice) on 19.6.2000, inviting sealed tenders from traders and other interested parties for leasing of Front Second class Luggage Rake of 4 or 8 tons and Ventilated Parcel Van of 18 tons capacity on the Broad Gauge on ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4157 OF2015THE KERALA BAR HOTELS ASSOCIATION & ANR. .. APPELLANTS VERSUS STATE OF KERALA & ORS. .. RESPONDENTS WITH [C.A. No.4119/2015, C.A. No.4120/2015, C.A. No.4121/2015, C.A. No.4122/2015, C.A. No.4123/2015, C.A. No.4124/2015, C.A. No.4125/2015, C.A. No.4126-4136/2015, C.A. No.4137-4156/2015, C.A. No.4158-4159/2015, C.A. No.4160/2015, C.A. No.4161-4165/2015, C.A. No.4166/2015, C.A. No.4167/2015, C.A. No.4168/2015, C.A. No.4169/2015, C.A. No.4170/2015, C.A. No.4171/2015, C.A. No.4172/2015, C.A. No.4173/2015, C.A. No.4174/2015, C.A. No.4175/2015, C.A. No.4999/2015, C.A. No.5000/2015, C.A. No.5374/2015, C.A. No.4998/2015, C.A. No.5375/2015, C.A. No.5032/2015, C.A. No.5373/2015, C.A. No.6268/2015, C.A. No.5791/2015, C.A. No.5372/2015, C.A. No.5792/2015, C.A. No.5793/2015, C.A. No.5797/2015, C.A. No.5799/2015, C.A. No.5800/2015, C.A. No.5801-5803/2015, C.A. No.6271/2015, C.A. No.6272/2015, C.A. No.6269...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3646 OF2011Pegasus Assets Reconstruction P. Ltd. ..Appellant Versus M/s. Haryana Concast Limited & Anr. ...Respondents With Civil Appeal No.14736 of 2015 (Arising out of SLP(C) No.7074 of 2010) Civil Appeal Nos.14737-14738 of 2015 (Arising out of SLP(C) Nos. 117-118 of 2011) and Civil Appeal Nos. 9293-94 of 2014 JUDGMENT SHIVA KIRTI SINGH, J.A common issue of law: Whether a Company Court, directly or through an Official Liquidator, can wield any control in respect of sale of a secured asset by a secured creditor in exercise of powers available to such creditor under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity the SARFAESI Act), arises in all these matters which have been heard together and shall be governed by this common judgment. In order to understand the central issue involved in each of the matters, it may be useful to noti...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. Nos.366, 367, 368, 370, 371, 372 in I.A.No.365 in I.A.No.345, I.A.No.369, 373, 374 in I.A. No.366 in I.A. No.365 in I.A. No.345 in Writ Petition(Civil) No.13029/1985 WITH Writ Petition (Civil) No.817 of 2015 WITH Writ Petition (Civil) No.116 of 2013 AND Writ Petition (Civil) No.728 of 2015 M.C.MEHTA Petitioner VERSUS UNION OF INDIA & ORS. Respondents ORDER We had by our order dated 9th October, 2015 issued certain directions, aimed at mitigating the hardship which the people living in Delhi undergo having regard to the high of pollution in the city that has earned to it the dubious reputation of being the most polluted city in the world. We had among others directed the following measures to be taken: (1) The Governments of the States of Uttar Pradesh, Haryana and Rajasthan shall take steps to ensure that commercial traffic for destinations other than Delhi use alternative routes and to ensure that in the course ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.13 OF2015Supreme Court Advocates-on-Record Association and Another .Petitioners versus Union of India Respondent WITH |WRIT PETITION (C) No.14 OF2015|WRIT PETITION (C) No.18 OF2015| |WRIT PETITION (C) No.23 OF2015|TRANSFER PETITION (C) NO.24 OF2015| |WRIT PETITION (C) No.70 OF2015|WRIT PETITION (C) No.83 OF2015| |WRIT PETITION (C) No.108 OF2015|WRIT PETITION (C) No.124 OF2015| |WRIT PETITION (C) No.209 OF2015|WRIT PETITION (C) No.309 OF2015| |WRIT PETITION (C) No.310 OF2015|WRIT PETITION (C) No.323 OF2015| |WRIT PETITION (C) No.341 OF2015|TRANSFER PETITION (C) No.391 OF2015 |TRANSFER PETITION (C) No.971 OF | | |2015 | | ORDER1 The adjudication on the merits of the controversy, raised in this batch of cases, was rendered on 16th October, 2015, wherein a separate Order of the Court was also recorded. In paragraph 5 of the Order of the Court, it was decided to consider the incorporation of additi...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) No.91 OF2015(Arising out of Transfer Petition (Civil) No.707 of 2012) Reserve Bank of India ..Petitioner(s) versus Jayantilal N. Mistry ..Respondent(s) With TRANSFERRED CASE (CIVIL) No.92 OF2015(Arising out of Transfer Petition (Civil) No.708 of 2012) I.C.I.C.I Bank Limited .. Petitioner(s) versus S.S. Vohra and others Respondent(s) TRANSFERRED CASE (CIVIL) No.93 OF2015(Arising out of Transfer Petition (Civil) No.711 of 2012) National Bank for Agriculture and Rural Development Petitioner(s) versus Kishan Lal Mittal Respondent(s) TRANSFERRED CASE (CIVIL) No.94 OF2015(Arising out of Transfer Petition (Civil) No.712 of 2012) Reserve Bank of India .Petitioner(s) versus P.P. Kapoor .Respondent(s) TRANSFERRED CASE (CIVIL) No.95 OF2015(Arising out of Transfer Petition (Civil) No.713 of 2012) Reserve Bank of India .Petitioner(s) versus Subhas Chandra Agrawal .Respondent(s) TRANSFERRED CASE (CIVIL) No....
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 548-551 OF2013STATE OF PUNJAB .. APPELLANT VERSUS BITTU & ANR. ETC. ETC. RESPONDENT JUDGMENT Pinaki Chandra Ghose, J.These appeals by special leave have been directed against the judgment and order dated 11.8.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.D-341, 407, 607 and 772 of 2004 whereby the High Court allowed the criminal appeals filed by the respondents herein and acquitted them from offence punishable under Section 302, 364, 201, 120B of the Indian Penal Code, 1860 [hereinafter referred to as IPC].. The brief facts necessary to dispose of these appeals are that on 9.10.2002, a police party headed by SHO Jaswinder Singh, along with other police officials, was on patrolling duty in the area of truck union, Bhawanigarh. The complainant Gurdip Singh son of Arjan Singh, resident of Village Kasba Bharawal, Police Station Malerkotla came there and g...
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