Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1553 OF2017(ARISING OUT OF SLP (CRL.) No.1867 OF2016 PURVI MUKESH GADA .....APPELLANT(S) VERSUS MUKESH POPATLAL GADA & ANR. .....RESPONDENT(S) JUDGMENT A.K. SIKRI, J.It is an unfortunate case where the parties, who are wife and husband, are having a bitter and acrimonious fight over the custody of their children. Such custody battles are always regrettable, not only for the spouses who resort to this kind of litigation, which is the offshoot of matrimonial discord and results in their separation from each other, but also for their child/children who become the subject matter of this kind of dispute. Failure of marriage generally leads to disputes of varied nature, either in the form of divorce or enforcement of conjugal rights or maintenance etc. and even criminal cases in the form of proceedings under Criminal Appeal No.of 2017 (arising out of SLP (Crl.) No.1867 of 2016) Page 1 of 19 Section 49...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.445 OF2017Shri Venkateshwara University Through its Registrar and Another ... Petitioner(s) Versus Union of India and Another Respondent(s) JUDGMENT Dipak Misra, CJI. In this writ petition preferred under Article 32 of the Constitution of India, the petitioner-University and its functionary have prayed for issue of a direction for quashment of the order dated 31st May, 2017, contained in letter No.U-12012/ 27/2016-ME-I [3084749]. debarring the petitioners from admitting the students in MBBS course for academic sessions 2017-2018 2 and 2018-2019 and authorizing the respondent No.2, the Medical Council of India (MCI) not to encash the bank guarantee furnished by the petitioners to the MCI and further to issue writ of mandamus or any other direction in the nature of mandamus directing the respondents to grant renewal of permission for academic year 2017-2018 and further to admit the students in ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.515 OF2017(With I.A. No.76155 of 2017) Saraswati Educational Charitable Trust and Anr. .Petitioner(s) Versus Union of India and Anr. ..Respondents A.M. KHANWILKAR, J.JUDGMENT1 The petitioner Saraswati Educational Charitable Trust, Lucknow, made an application to the Ministry of Health & Family Welfare, Government of India, for establishment of a new medical college at Unnao, Uttar Pradesh, in the name and style of Saraswati Medical College, Unnao, Uttar Pradesh, for the academic session 2016-17. That application was forwarded to the Medical Council of India for 2 evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956, for academic session 2016-17.2. The petitioners have filed this writ petition under Article 32 of the Constitution of India assailing the order dated 31st May, 2017, passed by the Union of India, respondent No.1 herein, w...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 287-288/2011 SANT PRASAD VERSUS KAUSLA NAND SINHA & ORS. KURIAN, J.JUDGMENT NON-REPORTABLE APPELLANT(S) RESPONDENT(S) The only issue raised in these appeals is whether Section 80 C.P.C. notice was required for instituting the suit. The High Court has stated, in principle, that for instituting a suit notice under Section 80 C.P.C. is required. But unfortunately the High Court omitted to take note of the fact that the respondent/State was permitted to be impleaded as party and there was no objection taken by the State at that time.2. In that factual background, we are of the view that the stand taken by the High Court is not tenable, though, in principle, we have no quarrel with the general proposition that for instituting a suit notice under Section 80 C.P.C. is required.3. There is no appearance on behalf of the appellants. We do not think that any fruitful purpose will be served by retaining this case befor...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2320-2321 OF2010RAMESHWARA HOMES & APARTMENTS (PVT.) LTD. Appellant(s) VERSUS MANOJ LAL SEAL & ORS. Respondent(s) JUDGMENT KURIAN, J.1. The parties approached this Court with certain grievances regarding arbitration. During the pendency of these appeals before this Court, it is heartening to note that the parties have arrived at an amicable settlement of the entire disputes. They have also filed a memorandum of settlement dated 11.05.2017 along with I.A.No.43908 OF2017 2. Accordingly, these appeals are disposed of in terms of the memorandum of settlement dated 11.05.2017. The settlement shall form part of the decree. No costs. New Delhi; September 01, 2017. .......................J.[ KURIAN JOSEPH ]. .......................J.[ R. BANUMATHI ]. ITEM NO.56 COURT NO.5 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 2320-2321/2010 RAMESHWARA HOME Appellant(...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No.448 OF2017KRISHNA MOHAN MEDICAL COLLEGE AND HOSPITAL & ANR. .PETITIONERS VERSUS UNION OF INDIA AND ANOTHER WITH I.A. No.73716 OF2017JUDGMENT AMITAVA ROY, J..RESPONDENTS The challenge laid in this petition under Article 32 of the Constitution of India at its institution was mounted on the order dated 31.05.2017, whereby the respondent - Union of India had directed debarment of the petitioner college i.e. Krishna Mohan Medical College, Mathura from admitting students in the MBBS course for the academic years 2017-18 and 2018-19 and at the same time authorized the Medical Council of India (for short, hereinafter to be referred to as MCI) to encash the bank guarantee of Rs. 2 crores 2 submitted by the petitioners. This Court, after hearing the parties, by order dated 01.08.2017 rendered in a batch of writ petitions including the one in hand, the lead petition being Writ Petition (C) No.411 of 2017 (...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11139 OF2017[@ SPECIAL LEAVE PETITION (C) No.25755 OF2016]. THE STATE OF WEST BENGAL & ORS. Appellant (s) VERSUS DEBASIS DAS & ORS. Respondent(s) JUDGMENT KURIAN, J.1. Leave granted.2. The State of West Bengal is before this Court, aggrieved by the order passed by the High Court of Calcutta dated 11.02.2016 in W.P.S.T. No.304 of 2010. The issue pertains to selection and appointment to the post of Assistant Investigator in the Bureau of Applied Economics and Statistics. There is a chequered history for the case. The 3. selection process, as a matter of fact, commenced by issuing a Notification on 16.01.2007. On account of certain litigations, the selection could not be finalized. In between, there was an amendment to the Recruitment Rules and procedures. It is the case of the writ petitioners, who were six in number, before the High Court that they have been selected for 2 appointment and any sub...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3672 OF2009Apparaju Malhar Rao .Appellant(s) VERSUS Tula Venkataiah @ Venkat Rao (Dead) & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1) This appeal is filed by defendant No.1 against the final judgment and order dated 30.12.2005 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Second Appeal No.743 of 2004 whereby the High Court allowed the second appeal filed by the plaintiff and set aside the judgment and decree dated 24.03.2004 passed by 1 the Additional District Judge (FTC), Karimnagar in A.S. No.34 of 1999 and confirmed the judgment and decree dated 26.03.1999 passed by the Principal Junior Civil Judge, Karimnagar in O.S. No.338 of 1994.2) We herein set out the facts, in brief, to appreciate the issue involved in this appeal.3) The appellant herein is defendant No.1, respondent No.1 is the plaintiff (since dead) and respondent No.2 is defendant No.3 (son of late def...
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