Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5039 OF2009Revanasiddayya .Appellant(s) VERSUS Gangamma @ Shashikala & Anr. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed by defendant No.1 against the final judgment and order dated 25.10.2006 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No.242 of 2004 whereby the High Court allowed the first appeal filed by respondent No.1(plaintiff) and modified the judgment/decree of the Trial Court dated 09.02.2000 passed by the IIIrd Additional Civil 1 Judge, Dharwad in O.S. No.151 of 1993 and accordingly passed a decree for possession of the suit land against the appellant in relation to the suit land.2. In order to appreciate the issue involved in the appeal, which lie in a narrow compass, few relevant facts need mention herein below.3. The appellant is defendant No.1 whereas respondent No.1 is the plaintiff and respondent No.2 is defendant No.2 in a suit o...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.20858 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.13256 OF2017 RUPAJAN BEGUM ...APPELLANT(S) VERSUS UNION OF INDIA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL No.20862 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.13259 OF2017 CIVIL APPEAL No.20859 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.13260 OF2017 CIVIL APPEAL No.20861 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.13258 OF2017 CIVIL APPEAL NO.20860 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.12647 OF2017 CIVIL APPEAL NO.20863 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.13257 OF2017 2 CIVIL APPEAL NO.20864 OF2017[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.28935 OF2017 SPECIAL LEAVE PETITION (CIVIL) NO.16441 OF2017JUDGMENT RANJAN GOGOI, J.SPECIAL LEAVE PETITION (CIVIL) NO.16441 OF2017List the Special Leave Petition 1. (Civil) No.16441 of 2017 separately. LEAVE SPECIAL (CIVI...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5150 OF2017BANK OF INDIA Appellant Versus YADAV CONSULTANCY SERVICES (P) LTD. AND ORS. ....Respondents JUDGMENT R. BANUMATHI, J.This appeal is preferred against the judgment dated 19.11.2015 passed by the High Court of Judicature at Bombay in ARA No.15 of 2014 dismissing the appeal of the appellant Bank thereby affirming the judgment of the District Judge, Pune and the award passed by the MSMEDF Council directing the appellant Bank to pay Rs.1,62,82,079/- with interest at the rate of 24% to respondent No.1 and also pay cost of Rs. 5,00,000/- to respondent No.1.2. The matter has a chequered history of two decades. Brief facts which led to filing of this appeal are as follows:- The appellant Bank filed suit in Special Suit No.628 of 1998 for recovery of Rs.9.55 lakhs along with interest against one M/s Sona Aluminium Finishers (P) Ltd. The said suit was decreed on 30.01.1999. Since the decreed amount Pa...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6069 OF2008Balwant Vithal Kadam .Appellant(s) VERSUS Sunil Baburaoi Kadam Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed by the defendants against the final judgment and order dated 24.07.2006 passed by the High Court of Bombay in Second Appeal No.426 of 2004 whereby the High Court dismissed the second appeal filed by the appellants herein and affirmed the judgment and order dated 03.10.2002 passed by the 8th Additional District Judge, Satara in R.C.A. No.9/1996, which arose out of judgment/decree dated 29.11.1995 passed by the 1 2nd Joint Civil Judge, Satara in R.C.S. No.265 of 1989.2. In order to appreciate the controversy, which lies in a narrow compass, few relevant facts need mention hereinbelow.3. The appellants are the defendants whereas the respondent is the plaintiff in a suit out of which this appeal arises.4. The respondent filed a suit being Civil Suit No.265/89 in t...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2832 OF2007Daulat Singh Rathore ...Appellant(s) VERSUS Rajasthan Housing Board .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1) This appeal is filed against the final judgment and order dated 20.02.2006 passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi (hereinafter referred to as MRTP Commission) in UTPE No.207 of 1998 whereby the MRTP Commission disposed of the complaint and discharged the notice of enquiry 1 holding that the allegation of unfair trade practice against the respondent are not proved.2) The facts of the case lie in a narrow compass. They, however, need mention infra to appreciate the short issue involved in the appeal.3) The Respondent herein is a State Housing Board (hereinafter referred to as "the Board"). The Board is constituted for the State of Rajasthan under the Rajasthan Housing Board Act, 1970 (hereinafter referred to as the Act").4) Pursuant ...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2059 OF2017(Arising out of Special Leave to Appeal (Crl.) No.1741 of 2017) Mohammed Abdulla Khan Versus Prakash K. Appellant Respondent JUDGMENT Chelameswar, J.1. Leave granted.2. The sole respondent is admittedly the owner of a Kannada Daily Newspaper by name Jaya Kirana published from Mangalore, Karnataka. On 16.12.2013, the said newspaper carried a news item containing certain allegations against the appellant herein. According to the appellant, the allegations are highly defamatory in nature. 1 3. The appellant lodged a report with the Panambur Police, Mangalore, Dakshina Kannada District on 17.12.2013 against the respondent and another person who was editor of the abovementioned newspaper. Police did not take any action. Thereafter, the appellant filed a private complaint against the respondent and the editor of the abovementioned newspaper before the J.M.F.C.-II, Mangalore in PCR No.24/2...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.20835-20836 OF2017[@ SPECIAL LEAVE PETITION (C) NOS. 4502-4503 OF2017 STATE OF WEST BENGAL & ANR. Appellant (s) VERSUS BASUDEV DAS & ORS. Respondent(s) WITH CIVIL APPEAL No.20839-20840 OF2017[@ SPECIAL LEAVE PETITION (C) NOS. 4494-4495 OF2017 WITH CIVIL APPEAL No.20837-20838 OF2017[@ SPECIAL LEAVE PETITION (C) NOS. 4499-4500 OF2017 JUDGMENT KURIAN, J.Leave granted.1. 2. The appellants are before this Court aggrieved by an interim order passed by the High Court in W.P.S.T. No.52 of 2016. The issue pertains to the selection and appointment of Sub-Inspectors in the State of West Bengal through the Limited Departmental 2 Competitive Examination route.3. It appears that a few candidates approached the Tribunal with certain grievances regarding discrimination with regard to the height. The Tribunal set aside the entire selection process. That was challenged before the High Court by the State. The High...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7089 OF2010Nanjegowda @ Gowda (D) by LRs. & Anr. .Appellant(s) VERSUS Ramegowda Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1) This appeal is filed by the defendants against the final judgment and order dated 18.07.2006 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No.498 of 2001 whereby the Single Judge of the High Court while exercising jurisdiction under Section 100 of the Code of Civil Procedure, 1908, allowed the appeal filed by the plaintiff (respondent herein), reversed the order of the First Appellate Court and confirmed the 1 judgment and decree passed by the Trial Court holding that the respondent was entitled to a decree of title to the suit land.2) The facts of the case lie in a narrow compass. Even the issue arising in the appeal is a short one. It would be clear from the facts mentioned hereinbelow.3) The appellant Nos.1(a) to (d) are the legal represe...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.670-671 OF2011C. Venkata Swamy .Appellant(s) VERSUS H.N. Shivanna(D) by L.R. & Anr. Etc. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. These appeals are filed by the plaintiff against the final judgment and order dated 02.11.2006 passed by the High Court of Karnataka at Bangalore in Regular First Appeal Nos.158 and 159 of 2005 whereby the High Court dismissed the appeals filed by the appellant herein 2. The facts of the case lie in a narrow compass. Even the issue arising in these appeals is a short 1 one. It would be clear from the facts mentioned hereinbelow.3. The appellant is plaintiff in O.S. No.6640/1996 and defendant in O.S. No.2150 of 1992 whereas the respondents are defendants in O.S. No.6640/1996 and plaintiffs in O.S. No.2150 of 1992 in the suits out of which these appeals arise.4. The appellant filed a suit being O.S. No.6640/1996 in the Court of City Civil Judge, Bangalore against the...
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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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