Court : Supreme Court of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3269 OF2016(Arising out of SLP (C) No.17614/2013 REGISTRAR OF CO-OPERATIVE SOCIETIES & ANR. APPELLANTS VERSUS T.K. KUNHIRAMAN & ORS. RESPONDENTS WITH CIVIL APPEAL NO.3270 OF2016(Arising out of SLP (C) No.17632/2013 WITH CIVIL APPEAL NO.3271 OF2016(Arising out of SLP (C) No.17807/2013 JUDGMENT1Leave granted.2. All these appeals have arisen from the judgment dated 25.03.2013 of the High Court in Writ Appeal Nos. 1807 of 2012 and 1856 of 2012. Those appeals arise out of an interim order dated 5th October, 2012 in I.A. No.13197/2012 in W.P. (C) No.16564/2012.3. In the nature of the order we propose to pass in these cases, it is not necessary to go into the factual aspects of the cases. Suffice only to mention that the core issue pertains to the enrollment/expulsion of members in a Coopeative Society.-. 2 - 4. It is seen that on 09.05.2013, this Court passed an interim order to maintain status quo as i...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8959-8962 OF2013LIC of India and Others ...Appellant(s) Versus Krishna Murari Lal Asthana and ...Respondent(s) Another Etc. WITH CIVIL APPEAL No.6995 OF2013CIVIL APPEAL No.9223 OF2013CIVIL APPEAL NOS. 9409-9410 OF2013JUDGMENT Dipak Misra, J.Pension though, by the judicial pronouncements, has been treated as not a bounty yet the controversy relating to the said claim and denial thereof has been a matter of frequent cavil between the employer and the employee in numerous situations. And that is why this Court has been required to deal with and render judgments pertaining to pension and interpretation of the rules or policies or schemes relating thereto.2. The present set of appeals fresco a picture which is not a happy one. It appears that the appellant, the Life Insurance Corporation of India (for short' 'the Corporation') at one point of time was enthusiastic to confer certain benefits on the respon...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION No.23 OF2015PURPLE INDIA HOLDINGS LTD. PETITIONER VERSUS DRILLING & OFFSHORE PTE. LTD. RESPONDENT ORDER T.S. THAKUR, CJI.1. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 the respondent has not appeared to contest the prayer for appointment of an arbitrator in terms of the arbitration clause found in Engagement Letter dated 24th October, 2013. The Clause reads as under:12. Jurisdiction & Dispute Resolution: This Engagement Letter shall be governed by and construed in accordance with the laws of India. The parties agree that any legal action or proceedings arising out of or in connection with this Engagement Letter may be brought only in the Court of Mumbai. Any and all disputes, controversies or claims (the Dispute) arising out of or in connection with this Engagement Letter, including any Dispute regarding the validity, interpretation, implementation or all...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.186 OF2016[Arising out of S.L.P.(Crl.)No.3438 of 2014]. Hardei ..Appellant Versus State of U.P. ..Respondent JUDGMENT SHIVA KIRTI SINGH, J.This appeal is directed against order dated 29.01.2014 by the Honble High Court of Judicature at Allahabad dismissing Criminal Revision No.2554/2013 preferred by the appellant seeking relief against order dated 09.07.2013 passed by the Chief Judicial Magistrate, Amroha, the trial Court, summoning the appellant, in exercise of power under Section 319, Code of Criminal Procedure, to face trial in Sessions Trial No.9191 of 2010 (State Vs. Omkar & Ors.) arising out of Case Crime No.1364 of 2010 under Sections 420/467/468/471/409, IPC pertaining to Police Station Amadpur, District Amroha, Uttar Pradesh. Before adverting to the rival submissions, the relevant facts may be noted in brief. The FIR bearing No.53 of 2010 leading to this case was lodged on 20th July 201...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.235 OF2012Savelife Foundation & Anr. Petitioners Vs. Union of India & Anr. Respondents JUDGM ENT ARUN MISHRA, J.1. The petition has been filed under Article 32 of the Constitution of India in public interest for the development of supportive legal framework to protect Samaritans i.e. bystanders and passers-by who render the help to the victims of road accidents. These individuals can play a significant role in order to save lives of the victims by either immediately rushing them to the hospital or providing immediate life saving first aid.2. The petitioner is SaveLife Foundation, a non-profit, non- governmental organization registered as a Public Charitable Trust and had been established in 2008. The petitioner aims to create a unique network of medical responders to come to the victims aid. The petitioner has also drafted recommendations to address the critical deficiencies in the Motor Vehicle...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3194 OF2016(Arising out of SLP(C) No.8416/2016 @ CC No.5470 of 2014) State of Punjab & Anr. Appellants Versus Brijeshwar Singh Chahal & Anr. Respondents WITH T.P. (C) NO.1073 OF2015Pardeep Kumar Rapria Appellant Versus State of Haryana and Ors. Respondents JUDGMENT T.S. THAKUR, CJI.1. Leave granted.2. This appeal and the accompanying transferred petition raise a question of considerable public importance. The question precisely is whether appointment of law officers by the State Governments can be questioned or the process by which such appointments are made, can be assailed on the ground that the same are arbitrary, hence, violative of the provisions of Article 14 of the Constitution of India. Before we advert to the juristic dimensions of that question, we may briefly set out the factual backdrop in which the same falls for our consideration.3. Petitioner No.1 to the writ petition was initially appo...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3190 OF2016(Arising out of S.L.P. (Civil) No.6662 of 2016) Raghavendra Swamy Mutt Appellant Versus Uttaradi Mutt ...Respondent JUDGMENT Dipak Misra, J.The present appeal, by special leave, assails the order dated 11.02.2016 passed by the learned Single Judge of the High Court of Karnataka at Dharwad in I.A. No.1 of 2016 in RSA No.100446 of 2015 whereby he has vacated the interim order dated 16.12.2015 passed in I.A. No.1 of 2015.2. The facts for the purpose of adjudication of the present appeal need to be stated in brief. The respondent, Uttaradi Mutt, filed O.S. No.193/1992 in the Court of Civil Judge, Koppal but in due course the said suit was transferred to the Court of Additional Civil Judge, Gangavati and was registered as O.S. No.74/2010. The suit was filed by the plaintiff- respondent for the relief(s) for perpetual injunction for restraining the defendant-Mutt, its agents, servants, devotees, ...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3195 OF2016(Arising out of SLP (C) No.29714 of 2013) M/S SHEIKH NANHEY & SONS & ORS. APPELLANTS VERSUS UNION OF INDIA & ORS. RESPONDENTS WITH CIVIL APPEAL NO.3196 OF2016(Arising out of SLP (C) No.17358 of 2014) WITH WRIT PETITION No.848 OF2014WITH WRIT PETITION No.207 OF2015WITH WRIT PETITION No.177 OF2015JUDGMENT KURIAN, J.C.A. NO.3195/2016 (@ SLP (C) No.29714/2013) and C.A. NO.3196/2016 (@ SLP (C) No.17358/2014) 1. Leave granted.2. The issue raised in these cases pertains to the renewal of licence of the apellants, by the Railways.3. It is fairly submitted by the learned counsel on both sides that the issue in principle, is covered by the decision of this Court in Civil Appeal Nos. 618-620 of 2016 decided on 29th January, 2016. Therefore, these appeals are allowed directing the Railways to take the required action in the light of the said judgment, within six weeks.4. The impugned judgments are ...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3197 OF2016(Arising out of SLP (C) No.106/2013) PUNJAB & SIND BANK ... APPELLANT (S) VERSUS PUNJAB BREEDERS LTD. & ANOTHER ... RESPONDENT (S) JUDGMENT KURIAN, J.: Leave granted. The short question arising for consideration in this case is whether the appellant-bank is entitled to fifty per cent of the increase in fair market value of property fixed at the time of settlement, in terms of the One Time Settlement (OTS) Scheme. As per letter dated 01.03.2012, the appellant offered OTS to the first respondent for settlement of the entire dues to the bank on payment of Rs.542 lakhs, subject to a few conditions. The one relevant for the purpose of the present appeal reads as follows:The OTS shall be subject to Banks right to recompense that the mortgaged properties shall not be sold within a period of three years and if the properties are sold within the next three years; The parties obtain prior permission of the bank...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1410 OF2007M/s. CASIO India Co. Pvt. Ltd. ... Appellant Versus State of Haryana ... Respondent With Civil Appeal No.1411 of 2007 Civil Appeal No.5450 of 2013 JUDGMENT Dipak Misra, J.Regard being had to the similitude of the issue in all the appeals, they were heard together and disposed of by a common judgment. As the principal principle that constitutes the bedrock of the decision in the subject matter of assail in Civil Appeal No.1410 of 2007, we shall advert to the facts exposited therein and also dwell upon the legal issue and, needless to say, that would govern the fate of all the appeals.2. Presently to the layout of facts in Civil Appeal No.1410 of 2007. The appellant-company is engaged in the business of manufacture and sale of Radio Pagers having its unit at plot No.4, Phase-I, Udyog Vihar, Gurgaon, Haryana. It is registered under the provisions of Haryana General Sales Tax Act, 1973 (for sho...
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