Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9952 OF2017UNION OF INDIA & ORS. APPELLANTS VERSUS BENGAL SHRACHI HOUSING DEVELOPMENT LIMITED & ANR. ...RESPONDENTS JUDGMENT R.F. Nariman, J.1. The present appeal arises from service tax payable under a clause in the deed of lease dated 1.9.2012, between the Appellants (lessee) and the Respondents (lessor). By this deed of lease between the lessor and the lessee for a period of three years at a rent of Rs.16,34,967/- per month, it was agreed that: The lessor/lessors shall pay all rates, taxes,6. assessment, charges and other outgoings whatsoever of every description which under the statutes are primarily leviable upon the lessor and shall keep the premises free from all encumbrances and interference in this behalf. Rates and taxes 1 primarily leviable upon the occupier shall be paid by the Government. 2. Since disputes and differences arose between the parties as to who was liable to pay service tax f...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION NON-REPORTABLE CIVIL APPEAL NOS.18012-18013 OF2017[@ SPECIAL LEAVE PETITION (C) NOS.30103-30104 OF2017@ DIARY NO.7296/2015]. DALER KHAN & ORS. APPELLANT(S) VERSUS STATE OF HIMACHAL PRADESH & ORS. RESPONDENT(S) JUDGMENT KURIAN, J.Leave granted. Heard the learned counsel appearing for 2. Respondent No.1/State of Himachal Pradesh. This is a case where the appellants could not 3. succeed before the High Court for reference to the Labour Court on the ground of delay. In similar matters, this Court had taken note of the ground for the delay and after finding that in several other similar matters reference had already been made, directed the State to make a reference.4. We are informed that pursuant to such judgment dated 26.09.2016 rendered in C.A. No.9714/2016 and connected cases, the Labour Court has considered the reference.5. Therefore, these appeals are allowed with a direction to Respondent No.1 that the cases of the appellants...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.__17998_____OF2017(Arising from SLP (C) No.4841/2016) Ankur Kapoor ..Appellant Oriental Insurance Co. Ltd. ..Respondent Versus JUDGMENT MOHAN M. SHANTANAGOUDAR, J.Leave granted.2. The appellant has sought enhancement of compensation by filing this appeal, questioning the judgment dated 31.10.2015 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.3218 of 2003 (O&M). 2 3. Facts leading to this appeal are as under: In the accident that occurred at about 10.30 p.m. on 21.3.2000 at Jamnagar, the appellant sustained grievous injury to his right arm which resulted in permanent disability to the extent of 50% to his right arm. Since the appellant was immediately admitted to the hospital at Jamnagar his life was saved; the appellant remained as in-patient in the hospital from 21.03.2000 to 31.05.2000 and had undergone several surgeries. It is the case of the appellant that even after...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION NON-REPORTABLE CIVIL APPEAL No.18001 OF2017[@ SPECIAL LEAVE PETITION (C) NO.24199/2016]. MADHUSUDAN KABRA & ORS. APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. RESPONDENT(S) JUDGMENT KURIAN, J.Leave granted. The appellants are before this Court, aggrieved 2. by the order passed by the High Court, declining to grant land value to the extent they had prayed before the Reference Court. The acquisition is pursuant to the Notification under Section 4(1) of the Land Acquisition Act, 1894 in 1992. The Land Acquisition Collector relied on exemplar of 1988 and granted compensation to the tune of Rs.23,500/- per hectare. The Reference Court declined to grant any enhancement. The High Court, taking note of the fact that the acquisition is of the year 1992 but the exemplar taken is of 1988, granted 10% annual increase on the exemplar and thus granted a further 1 amount of Rs.8,400/- thus total compensation of Rs.32,000/- per hectare w...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4383 OF2009Suresh Kumar through GPA .Appellant(s) VERSUS Anil Kakaria & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1) This appeal is filed by the plaintiff against the judgment and order dated 02.05.2006 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No.1522 of 2006 whereby the High Court dismissed the second appeal filed by the appellant herein and affirmed the judgment and decree dated 21.10.2005 passed by the Additional District Judge, Panchkula in C.A. No.20 of 2005.2) The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of 1 2 which this appeal arises.3) The dispute in this appeal relates to plot No.28, measuring 1/4th acre in Industrial Area Phase-I Urban Estate, Panchkula(hereinafter referred to as the suit land).4) Haryana Urban Development Authority (hereinafter referred to as HUDA) had allotted the suit land to one...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2437 OF2010The State of Uttar Pradesh Appellant(s) VERSUS Tribhuwan & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed by the State against the judgment and order dated 10.02.2006 of the High Court of Judicature at Allahabad in Criminal Appeal No.211 of 1982 whereby the High Court partly allowed the appeal filed by the accused persons and while upholding the conviction of the five accused interfered in the sentence and its quantum awarded to the accused persons by order dated 22.01.1982 passed by 1 2 the IVth Additional Sessions Judge, Azamgarh in Sessions Trial No.132 of 1981.2. Having regard to the short controversy, which now remains for decision in this appeal as a result of subsequent events occurring in the case after the incident in question which took place way back in the year 1980, it is not necessary to set out the facts in detail except those which are rel...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.17974 OF2017(Arising out of S.L.P.(C) No.19262 of 2016) MAHARASHTRA FOREST GUARDS AND FORESTERS UNION VERSUS ... APPELLANT (S) THE STATE OF MAHARASHTRA AND OTHERS ... RESPONDENT (S) JUDGMENT KURIAN, J.: Leave granted.2. 3. The short but complex question arising for consideration in this case is whether the restriction introduced on the basis of educational qualification for participating in a Limited Departmental Competitive Examination (hereinafter referred to as LDCE) violates Articles 14 and 16 of the Constitution of India. Undisputed facts of the case: The educational qualification for appointment to the post of Forest Guard in the Forester, Forest Guard, Ranger-Surveyor, Surveyor, Head Clerk, Accountant and Clerk-cum-Typist (Recruitment) Rules, 1987 (hereinafter referred to as the Recruitment Rules) is Higher Secondary School Certificate (hereinafter referred to as HSSC). It is a feeder category ...
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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.169 OF2017REPORTABLE Campaign for Judicial Accountability and Reforms Versus .... Petitioner(s) Union of India and Others .... Respondent(s) ORDER1 By means of the present writ petition (public interest litigation) (PIL), the petitioner, Campaign for Judicial Accountability and Reforms, through its Secretary, has approached this Court seeking a writ of mandamus or any other writ or direction of similar nature to constitute a Special Investigation Team (SIT) headed by a retired Chief Justice of India to investigate in the matter of alleged conspiracy and payment of bribes for procuring favourable order in a matter pending before this Court and take consequential actions thereafter along with a direction to the Central Bureau of 1 Investigation (CBI) to hand over all the materials/evidence collected so far in the FIR bearing No.RC10(A)/2017-AC.III, New Delhi to the SIT to be constituted by this Court...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 17869-17870 /2017 (Arising out of Special Leave Petition (C) Nos.19807-19808/2012) ORISSA LIFT IRRIGATION CORP. LTD APPELLANTS VERSUS RABI SANKAR PATRO & ORS. .RESPONDENTS CIVIL APPEAL NOS. 17871-17872 /2017 (Arising out of Special Leave Petition (C) Nos.19851-19852/2012) With CIVIL APPEAL NOS. 17899-17900 /2017 (Arising out of Special Leave Petition (C) Nos.19848-19849/2012) CIVIL APPEAL NOS. 17897-17898 /2017 (Arising out of Special Leave Petition (C) Nos.19842-19843/2012) CIVIL APPEAL NOS. 17895-17896 /2017 (Arising out of Special Leave Petition (C) Nos.19844-19845/2012) CIVIL APPEAL NOS. 17879-17880 /2017 (Arising out of Special Leave Petition (C) Nos.19824-19825/2012) CIVIL APPEAL NOS. 17885-17886 /2017 (Arising out of Special Leave Petition (C) Nos.19828-19829/2012) CIVIL APPEAL NOS. 17881-17882 /2017 (Arising out of Special Leave Petition (C) Nos.19814-19815 /2012) CIVIL APPEAL NOS. 17883-1...
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1 REPORTABLE INTHESUPREMECOURTOFINDIA CRIMINALAPELLATEJURICTION CRIMINALAPPEALNO.1860OF2017 (ARISINGOUTOFSLP(CRL.)NO.4580OF2017) CHANDDEVIDAGA&ORS. ...APPELLANTS VERSUS MANJUK.HUMATANI&ORS. ...RESPONDENTS JUDGMENT ASHOKBHUSHAN,J.This appeal has been filed against the judgment of the HighCourtofChhatisgarhallowinganIAfiledbythelegal representativesofthepetitionerinCriminalMisc.Petition. TherespondentsaggrievedbytheorderoftheHighCourtdated 02.02.2017hasfiledthisappeal. 2. Thebrieffactsnecessaryfordecidingthisappealare: Smt.ChandraNarayanDaswhoselegalrepresentativesare therespondentNos.1to7hadfiledacomplaintagainstthe appellantsallegingoffenceunderSections420,467,468, 471,120B,201and34IPC.ThehusbandofSmt.ChandraNarayan DaswasaleaseholderofashopsituatedintheCivicCentre, BhilaiSteelPlant,Chhatisgarh.ShopNo.12wasallowedinthe name of the husband of appellant No.1 in the year 1959. 2 Although, husband of the appellant No.1, a Member of Parliament had died in 1952...
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