Court : Supreme Court of India
1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._487 OF2018(Arising from SLP(C) No.7181 of 2016) Sunita Singh Versus ..Appellant State of Uttar Pradesh and others ..Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J.Leave granted.2. Judgment dated 21.12.2015 passed by the High Court of Judicature at Allahabad in Writ-C No.53689 of 2015, dismissing the writ petition filed by the appellant and confirming the order of termination from service passed against the appellant, is called in question in this appeal.3. Appellant was born in Agarwal family. She married Dr. Veer Singh, who happens to belong to Jatav Community (said to be one of the Scheduled Castes). A caste certificate dated 29.11.1991 was issued by District Magistrate/Collector, 2 Bulandshahar certifying the appellant as of Scheduled Caste (Jatav). Based on the academic qualifications and the caste certificate, she was appointed initially as a Post Graduate Teacher (Hindi) vide letter date...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO448OF2018[Arising out of SLP(C) No.26853 of 2016]. SHRI NAGAR MAL AND ORS VERSUS THE ORIENTAL INSURANCE COMPANY LTD. AND ORS ..Appellants ..Respondents JUDGMENT Dr D Y CHANDRACHUD, J1The present appeal has arisen from a judgment of the High Court of Judicature for Rajasthan at its Jaipur bench confirming the award of the Motor Accident Claims Tribunal (M.A.C.T.). 2 An accident took place on 15 November 2008 when at about 9 p.m. Sonu Kumar Goyal was proceeding on a motor cycle from Mandi Neem Ka Thana to his home. A truck bearing Registration No.RJ-32-GA-0398 dashed against the motor cycle as a result of which Sonu Kumar sustained grievous injuries and died on the spot. The third respondent is the registered owner of the motor vehicle which was insured with the first respondent. The appellants filed a claim for compensation before the Tribunal. By its order dated 16 July 2013 the 2 Tribunal held that ...
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1 [Non-Reportable]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.488 OF2018(Arising out of SLP (Civil) No.2223 of 2017) State of Punjab and Ors. ...........Appellants Versus Thuru Ram ........Respondent JUDGMENT MOHAN M. SHANTANAGOUDAR, J.Leave granted.2. The Judgment dated 06.05.2015 passed by the High Court of Punjab Haryana & at Chandigarh in R.F.A. No.2435 2 of 1996 is called in question by the State of Punjab on the ground that the compensation ordered to be paid in respect of the fruit trees standing on the acquired land is liable to be reduced substantially.3. Land of the respondent was acquired along with trees standing on it for construction of 3 Hydel Channel. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 12.01.1990 and the declaration under Section 6 of the Act was made on 28.02.1990. The Land Acquisition Collector passed the supplementary 4 award awarding compensation of the ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 3291-3292 OF2011ANIL & ORS .....APPELLANTS Versus NEW INDIA ASSURANCE CO. LTD. & ORS .....RESPONDENTS JUDGMENT Dr D Y CHANDRACHUD, J1The Punjab and Haryana High Court by its judgment dated 6 September 2010 reversed a decision of the Motor Accident Claims Tribunal, Rewari dated 6 February 2001. The Tribunal awarded compensation of Rs. 21,38,000/- together with interest at the rate of 9 percent per annum to the appellants. The High Court reversed the award on the ground that the appellants had set up a 2 brazenly false caseto stage manage a fake involvement of the insureds vehicle. 2 The deceased was a person by the name of Ram Kanwar. His brother Satbir Singh was the owner of a tractor. The case of the claimants which was sought to be established through PW1 Bhawani Shankar was that on 12 January 1995 he together with two others namely Rohtas and Ghanshyam (PW2) were proceeding in a tractor driven ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO418OF2018[Arising out of SLP(C) No.7375 of 2017]. RAMRAO LALA BORSE AND ANR ..Appellants VERSUS NEW INDIA ASSURANCE COMPANY LTD. AND ANR ..Respondents JUDGMENT Dr D Y CHANDRACHUD, J1The present appeal arises from a judgment and order of a Division Bench of the High Court of Judicature at Bombay dated 23 October 2015. The High Court has partly allowed the appeal of the insurer and reduced the award of compensation by the Motor Accident Claims Tribunal from Rs 61,55,000/- to Rs 26,45,000/-. The claim before the Tribunal arose thus:2. On 19 February 2006, Deepak was travelling as a passenger in a luxury bus on Mumbai-Agra road and was occupying a seat on the drivers side. When the bus was at Atgaon in Nashik district, a truck bearing Registration No.RJ-01-G-6386 came from the opposite direction and collided with the bus 2 resulting in grievous injuries to the passengers including Deepak. Deepak was shif...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.20962 OF2017(Arising out of SLP(C) No.29032 of 2015) PAPPU AND ORS. VINOD KUMAR LAMBA AND ANR. :Versus: ..APPELLANT(S) ..RESPONDENT(S) A.M. Khanwilkar, J.1. This appeal questions the legality and tenability of the JUDGMENT judgment of the High Court of Judicature at Allahabad in First Appeal from Order No.1138 of 2000, dated 9th October, 2014, whereby the appeal filed by the appellants was dismissed by the High Court whilst rejecting the only question raised before it regarding absolving the Insurance Company (Respondent No.2) from any liability in respect of truck bearing No.DIL-5955, which was duly insured by respondent No.2 Insurance Company, on the ground that the same was not driven by a person having a valid licence, as found by the Motor Accident Claims Tribunal, District Allahabad in Claim Petition No.215 of 1999. 2 2. In the claim petition it was asserted that on 12.08.1995 Om Prakash, son ...
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NON REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.199 OF2018(@ SPECIAL LEAVE PETITION (CRIMINAL) No.978 OF2018@DIARY No.40579 OF2017 SMT. ANITA MARIA DIAS & ANR. .....APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ANR. .....RESPONDENT(S) JUDGMENT A.K. SIKRI, J.Delay condoned. Leave granted.2) Respondent No.2 is the complainant who has lodged the FIR against the appellants bearing Crime No.267 of 2012 registered by Chatushrungi Police Station, Pune, Maharashtra for the offence punishable under Sections 406, 420, 467, 471 and 34 of Indian Penal Code (IPC). The appellants are original accused Nos. 2 and 3 in the said criminal proceedings. They are the Directors of M/s. Karl Logistics (for short said Company), a company registered under the provisions of Companies Act, 1956 Special Leave Petition (Criminal) Diary No.40579 of 2017 Page 1 of 9 and is engaged in the business of logistics and iron ore supply and equipped with all necessary approval...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 522-523 OF2016ATUL THAKUR APPELLANT(S) :Versus: STATE OF HIMACHAL PRADESH ETC. ETC. . RESPONDENT(S) A.M. Khanwilkar, J.JUDGMENT1 These appeals have been filed against the judgment and order dated 1st April, 2016 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal Nos.75 & 227 of 2015, modifying the order of conviction and sentence passed by the Sessions Judge (Forests), Shimla, dated 31st December, 2014 in Sessions Trial No.39-S/7 of 2012 thereby convicting the appellant under Section 302 of the Indian Penal Code (IPC) and sentencing him to imprisonment for life along with fine. 2 2. Shorn of details, the appellant along with three others were tried for offence punishable under Sections 302, 201 read with Section 34 of IPC by the Sessions Judge (Forests), Shimla. The case of the prosecution is that a telephone message was received at Police Station, West Shimla at around...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2068-2071 OF2012NATIONAL TRAVEL SERVICES APPELLANT (S) VERSUS COMMISSIONER OF INCOME TAX, DELHI, VIII RESPONDENT (S) WITH C.A. No.837 of 2018 @ S.L.P. (C) No.27245 OF2017JUDGMENT R.F. Nariman, J.1)2) Leave granted. The present appeals raise an interesting question as to the correct interpretation of Section 2(22)(e) of the Income Tax Act, 1961, as amended in 1988.3) The brief facts in order to decide the present controversy are as follows: The Assessee is a partnership firm consisting of three partners, namely, Mr. Naresh Goyal, Mr. Surinder Goyal and M/s Jet 2 Enterprises Private Limited having a profit sharing ratio of 35%, 15% and 50% respectively. The Assessee firm had taken a loan of Rs. 28,52,41,516/- from M/s Jetair Private Limited, New Delhi. In this Company, the Assessee subscribed to the equity capital of the aforesaid Company in the name of two of its partners, namely, Mr. Naresh Goyal ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10466 OF2017MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. .....APPELLANT(S) VERSUS M/S. DATAR SWITCHGEAR LIMITED & ORS. .....RESPONDENT(S) JUDGMENT A.K. SIKRI, J.The appellant herein had awarded a contract to the respondent. Dispute had arisen leading to the constitution of an Arbitral Tribunal (having regard to the Arbitration Agreement contained in the contract between the parties) and those arbitration proceedings culminated in the Arbitral Award dated June 18, 2004. An application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) was filed by the appellant, questioning the correctness of the Award which was dismissed by the learned Single Judge of the High Court vide orders dated March 18, 2009 and April 30, 2009 Civil Appeal No.10466 of 2017 Page 1 of 65 thereby affirming the Arbitral Award. Intra-court appeal thereagainst, which was pre...
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