Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION NON-REPORTABLE CIVIL APPEAL No.15443 OF2017[@ SPECIAL LEAVE PETITION (C) No.15669/2017]. MATTA ANAND KUMAR APPELLANT(S) VERSUS THE STATE OF ANDHRA PRADESH AND ORS RESPONDENT(S) JUDGMENT KURIAN, J.Leave granted. The issue pertains to the claim made by the 2. appellant for continuance in service up to 60 years of age. The connected matters, viz. Civil Appeal No.10273 of 2017 & batch, have been disposed of by this Court vide Judgment dated 09.08.2017.3. the above referred Judgment.4. disposed of.5. Pending application(s), if any, shall stand Therefore, the appeal is disposed of in terms of There shall be no order as to costs. NEW DELHI; SEPTEMBER22 2017. .......................J.[KURIAN JOSEPH]. .......................J.[R. BANUMATHI]....
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1 NON- REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3881 OF2009MAHANT RAMANAND ....APPELLANT Versus STATE OF UTTRANCHAL AND ORS. .....RESPONDENTS JUDGMENT Dr D Y CHANDRACHUD, J1In the writ proceedings before the High Court of Uttarakhand, an order dated 1 September 2005 of the Collector, Haridwar was challenged. The High Court by its judgment dated 15 May 2007 dealt with two writ petitions. The decision on the first has been dealt with in the judgment delivered today in Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr. Velji Devshi Patel v Collector, Haridwar1. 1 (Civil Appeal No.3878 of 2009) 2 2 In the present case, proceedings were initiated before the Collector on a report submitted on 4 August 2004 by the Inspector in-charge Kotawali, Haridwar stating that Mahant Dharmanand, a disciple of Amritanand (resident of Pili Kothi Bhopatwala, Pargana Jwalapur, District Haridwar) was murdered by unknown persons and no disciple or succes...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.15444 OF2017(Arising out of S.L.P.(Civil) No.19403 of 2017) UNION OF INDIA & ORS. SHIBA PRASAD MITRA ... APPELLANT (S) VERSUS ... RESPONDENT (S) JUDGMENT KURIAN, J.: Leave granted.2. 3. Appellants are before this Court aggrieved by the impugned Judgment dated 10.08.2016 by the High Court. The High Court upheld the order passed by the Central Administrative Tribunal, Calcutta to reinstate the respondent in service with back wages from the date of termination. In the nature of the order we propose to pass, it is not necessary to go into the factual matrix. Thanks to the gracious cooperation extended by the learned Solicitor General and also by the learned Counsel appearing for the respondent, we are in a position to dispose of this appeal without going into the merits of the matter. 2 4. Though several contentions have been taken by the parties, as agreed, the respondent shall be deemed to have be...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1359 OF2017Techi Tagi Tara Appellant versus Rajendra Singh Bhandari & Ors. Respondents WITH C.A. No.1360/2017, C.A. No.2481/2017 , C.A. No.526/2017, C.A. No.1561/2017 , C.A. No.4917/2017, C.A. No.4936/2017, C.A. No.5735/2017, C.A. Nos. 8377-8378/2017, C.A. No.10471/2017, C.A. No.9498/2017 and C.A. Nos. 10472- 10473/2017 JUDGMENT Madan B. Lokur, J.1. This batch of appeals is directed against the judgment and order dated 24th August, 2016 passed by the National Green Tribunal, Principal Bench, New Delhi (for short the NGT) in Original Application No.318 of 2013.1 On a reading of the judgment and order passed by the NGT, it 1 Rajendra Singh Bhandari v. State of Uttarakhand and others C.A. Nos. 1359/2017 etc. etc. Page 1 of 34 is quite clear that the Tribunal was perturbed and anguished that some persons appointed to the State Pollution Control Boards (for short SPCBs) did not have, according to the NGT, ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURSIDCITON CIVIL APPEAL No.1093 OF2006THE STATE OF JHARKHAND AND ORS. APPELLANTS M/S HINDUSTAN CONSTRUCTION CO. LTD. RESPONDENT VERSUS JUDGMENT S.ABDUL NAZEER, J.1. By an order dated 10.01.2013, this Court had referred the matter for adjudication to Honble Justice S.B Sinha, retired Judge of this Court. Learned Arbitrator was requested to conclude the arbitration proceedings expeditiously. It was further observed that the award shall be filed before this Court. Learned Arbitrator passed an award on 16.10.2015 and a copy of the award was sent to this Court. Admittedly, the appellants have challenged the said award by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, before the Civil Court. The respondents have filed an affidavit dated 16.06.2016 requesting this Court to pronounce the judgment in terms of the award.2. Learned counsel for the respondents submits that since the Arbitrator was direc...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3878 OF2009KUTCHI LAL RAMESHWAR ASHRAM TRUST EVAM ANNA KSHETRA TRUST THR. VELJI DEVSHI PATEL ....APPELLANT Versus COLLECTOR, HARIDWAR & ORS. .....RESPONDENTS JUDGMENT Dr D Y CHANDRACHUD, J1This appeal has arisen from a judgment rendered on 15 May 2007 by a Division Bench of the High Court of Uttarakhand at Nainital. Finding no substance in the writ petition filed under Article 226 of the Constitution, the High Court affirmed the order passed by the Collector, Haridwar on 12 May 2003 holding that the property in dispute stands vested in the government under Section 29 of the Hindu Succession Act, 1956. This finding has been premised on the basis that there exists no heir to succeed to the property following the death of Mohan Lal. 2 2 The petitioner claims to be a public trust registered under the Bombay Public Trusts Act, 1950. The Trust claims to have a vast amount of property at Haridwar which is ...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.840 OF2017(With I.A. No.92019 of 2017) Kempegowda Institute of Medical Sciences .Petitioner Versus Medical Council of India and Ors. ....Respondents A.M. KHANWILKAR, J.JUDGMENT1 The petitioner applied for recognition/approval to increase the intake i.e. from 120 to 150 seats, of the MBBS Degree Course recognised by Rajiv Gandhi University of Health Sciences, Bangalore. That application was processed by the Medical Council of India (for short MCI) under Section 11(2) of the Indian Medical Council Act, 1956 (for short, the Act). After carrying out inspection, assessment report dated 21st April, 2017, was placed before the Executive Committee of MCI pointing out the deficiencies in the petitioner-institution. 2 2. The petitioner-institution, however, filed writ petition before the High Court of Karnataka, bearing Writ Petition (Civil) No.33465 of 2017, in which direction was issued to the r...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 7849/2009 REPORTABLE K.R. BABU APPELLANT(S) VERSUS STATE OF KERALA & ORS. RESPONDENT(S) CIVIL APPEAL NO(S).7913/2009 WITH STATE OF KERALA & ANR. APPELLANT(S) VERSUS T. RAJU & ORS. RESPONDENT(S) JUDGMENT KURIAN, J.Advice, effective date of advice, appointment, joining, seniority and their interplay constitute the subject of discussion in this case. I.A. No.1/2008, in C.A. No.7913/2009, is allowed.2. 3. Under Rule 27 of Kerala State and Subordinate Service Rules, 1958 (hereinafter called 'the General Rules) seniority is to be determined on the basis of the effective date of advice. The Rule reads as 1 follows:-27. Seniority.- (a) Seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade. Explanation:- For the purposes of this sub-rule, "ap...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.633 OF2017Indian Centre for Advancement Petitioner(s) of Research and Education Haldia (ICARE) & Anr. Versus Union of India & Anr. Respondent(s) JUDGMENT Dipak Misra, CJI. In this Writ Petition preferred under Article 32 of the Constitution of India, the petitioner No.1-Indian Centre for Advancement of Research and Education, Haldia (ICARE), a society registered under the Societies Registration Act, 1961 through its Secretary, and the petitioner No.2-ICARE Institute of Medical Sciences and Research and Dr. Bidhan Chandra 2 Roy Hospital, Haldia situated in West Bengal through its Principal have prayed for issue of a writ of certiorari for quashment of the order dated 31.05.2017 passed by the competent authority of the Government of India, Ministry of Health and Family Welfare and further to issue writ of mandamus or directing the respondents to grant recognition under Section 11(2) of the Ind...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9405 OF2017Mobilox Innovations Private Limited Appellant Versus Kirusa Software Private Limited Respondent JUDGMENT R.F. Nariman, J.1. The present appeal raises questions as to the triggering of the Insolvency and Bankruptcy Code, 2016 when it comes to operational debts owed to operational creditors. The appellant was engaged by Star TV for conducting tele-voting for the Nach Baliye program on Star TV. The appellant in turn sub- contracted the work to the respondent and issued purchase 1 orders between October and December, 2013 in favour of the respondent. In the Nach Baliye program, the successful dancer was to be selected on various bases, including viewers votes. For this purpose, the respondent was to provide toll free telephone numbers across India, through which the viewers of the program could cast their votes in favour of one or more participants. For this purpose, a software was customized...
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