Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4590 OF2018(Arising out of Special Leave Petition (C) No.8368 OF2009 Commissioner of Income Tax, Karnal (Haryana) Versus ..Petitioner(s) M/s Carpet India, Panipat (Haryana) ...Respondent(s) WITH CIVIL APPEAL No.4601 OF2018(Arising out of Special Leave Petition (C) No.7331 OF2017 CIVIL APPEAL No.4602 OF2018(Arising out of Special Leave Petition (C) No.9284 OF2017 CIVIL APPEAL No.4591 OF2018(Arising out of Special Leave Petition (C) No.19482 OF2010 CIVIL APPEAL No.4597 OF2018(Arising out of Special Leave Petition (C) No.20408 OF2013 CIVIL APPEAL No.4599 OF2018(Arising out of Special Leave Petition (C) No.10542 OF2013 CIVIL APPEAL No.4592 OF2018(Arising out of Special Leave Petition (C) No.20941 OF2010 1 CIVIL APPEAL NO.4593 OF2018(Arising out of Special Leave Petition (C) No.23683 OF2010 CIVIL APPEAL No.4596 OF2018(Arising out of Special Leave Petition (C) No.3133 OF2012 CIVIL APPEAL No.4594 OF2018(Aris...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.273 OF2007Arif Khan @ Agha Khan ... Appellant(s) Versus State of Uttarakhand ... Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed by the accused against the final judgment and order dated 26.06.2006 passed by the High Court of Uttaranchal at Nainital in Criminal Appeal No.368 of 2004 whereby the High Court confirmed the judgment and order dated 09.11.2004 passed by the Additional Sessions Judge, Fast Track Court II, Udham Singh Nagar in 1 Special Sessions Trial No.20 of 2003 by which the appellant-accused was convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced him to undergo rigorous imprisonment for 10 years and a fine of Rs.1,00,000/-.2. In order to appreciate the issue involved in the appeal, few facts need to be mentioned hereinbelow.3. In short, the case...
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1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.5534-5535 of 2007 A. Dharmalingam (Dead) by LRs. Appellants VERSUS V. Lalithambal & Ors. etc. etc. ... Respondents JUDGMENT Uday Umesh Lalit, J.1. These appeals by special leave challenge the common judgment and order dated 25.07.2003 passed by the High Court of Judicature at Madras dismissing Second Appeal Nos.1307-1308 of 1992 preferred by the appellant (since deceased and now represented by his legal representatives). 2 2. In partition between two brothers effected sometime in 1923, certain properties including the suit property came to the share of one Subramania Iyer. In a subsequent partition executed insofar as branch of said Subramania Iyer was concerned, the properties were equally divided between four sons of said Subramania Iyer, namely, defendant Nos.1 to 4 in the present proceedings. Having given 1/4th share each to said four sons, the right of enjoyment of the properties in questi...
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1 REPORTABLE INTHESUPREMECOURTOFINDIA CIVILAPPELLATEJURISDICTION CIVILAPPEALNO.10145OF2016 NISHANSINGH&ORS. :Versus: ..Appellant(s) ORIENTALINSURANCECOMPANYLTD. THROUGHREGIONALMANAGER&ORS.....Respondent(s) JUDGMENT A.M.Khanwilkar,J.1. This appeal, by special leave, filed by the claimants assails the judgment and order of the High Court of UttarakhandatNainitalinAppealFromOrderNo.125of2015 dated5thMarch,2015,wherebytheappealwasdismissedand theorderpassedbytheMACT/AdditionalDistrictJudgeIII, Rudrapur,UdhamSinghNagar,dated10thDecember,2014in MotorAccidentClaimPetitionNo.147of2012dismissingthe 2 claimpetitiononthefindingthattheaccidentinquestionwas notonaccountofrashandnegligentdrivingofTruckbearing No. U.P.32 Z2397 but on account of rash and negligent drivingofMarutiCarbearingNo.U.P.02D5292resultingin deathofBalvinderKaurwhowassittinginthecardrivenby ManjeetSingh,cametobeupheld.2. Brieflystated,appellantNo.1assertedthatwhenhewas returninghometovillageBindukherawi...
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1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4568 OF2018(Arising out of SLP(Civil) Nos.7710 of 2018) Gurbakhsh Singh and others Appellants VERSUS Buta Singh and another ... Respondents JUDGMENT Uday Umesh Lalit, J.Leave granted 2. Civil Suit No.195 of 1968 filed by respondent No.1 for declaration on the basis of reversionary rights was decreed ex-parte against the predecessor-in-interest of the present appellants. After having come to know about such ex parte decree dated 30.06.1969, present suit was filed by the appellants for setting aside said decree. 2 3. The appellants pleaded in the suit that the file in respect of Civil Suit No.195 of 1968 was not traceable in the record room. Issues were framed and thereafter two official witnesses were examined, at which stage the appellants preferred an application seeking amendment of the plaint. The amendment sought by the appellant was as under:3-A. That the perusal of the copy of the order/ju...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1381 OF2010Chennai Port Trust .Appellant(s) VERSUS The Chennai Port Trust Industrial Employees Canteen Workers Welfare Association And Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 21.02.2006 passed by the High Court of judicature at Madras in Writ Appeal No.66 of 2006 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and affirmed the judgment and order dated 24.08.2005 passed by the Single Judge 1 of the High Court in Writ Petition No.6872 of 2001 by which the Single Judge allowed the writ petition filed by respondent No.1 herein.2. Few relevant facts need to be mentioned hereinbelow to appreciate the question involved in the appeal.3. The appellant is Chennai Port Trust at Chennai. It has been in existence for the last many decades and has a large administrative and technical set ...
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1 REPORTABLE INTHESUPREMECOURTOFINDIA CIVILAPPELLATEJURISDICTION CIVILAPPEALNO.8411OF2015 MOHARSAIANDANR. :Versus: ..Appellant(s) GAYATRIDEVIANDORS. ....Respondent(s) JUDGMENT A.M.Khanwilkar,J.1. This appeal, by special leave, emanates from the judgmentandorderdated1stApril,2015passedbytheHigh CourtofChhattisgarhatBilaspurinMisc.Appeal(C)No.1100 of 2011, partly allowing the appeal filed by the appellants herein(owneranddriveroftheoffendingvehicle)againstthe awardpassedbytheMotorAccidentClaimsTribunal,Koriya, Baikunthpur, Chhatisgarh (hereinafter referred to as the 2 Tribunal),inClaimCaseNo.22/2008dated21st September, 2011, on the finding that the deceased was liable for contributorynegligencetotheextentof50%andassuch,after deducting 50% of the compensation amount, the respondents/claimants would be entitled to a sum of Rs.3,86,500/ along with interest at the rate of 7.5% per annumfromthedateoffilingoftheclaimpetitiontillthedate ofre...
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1 Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.649 OF2018(Arising out of S.L.P. (Crl.) No.545 of 2016) Prof. Chintamani Malviya Versus Appellant High Court of Madhya Pradesh ... Respondent JUDGMENT Uday Umesh Lalit, J.Leave granted.2. This appeal challenges the Judgment and Order dated 07.10.2015 passed by the High Court of Madhya Pradesh at Indore in M.CR.C No.2526 of 2015 whereby the High Court authorized the Principal Registrar of the High Court under Section 195(1)(b)(i) of Criminal Procedure Code (Cr.P.C, for short) to file complaint in the concerned court of Magistrate against the appellant herein.3. The appellant was elected to Lok Sabha in the elections held in the year 2014 from Ujjain Lok Sabha Constituency. His election was challenged vide Election Petition No.33 of 2014 by one Premchand Guddu. 2 On 31.07.2014 notice was issued by the High Court in said election petition and the same was to be served upon the appellant throu...
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1 NONREPORTABLE INTHESUPREMECOURTOFINDIA CRIMINALAPPELLATEJURISDICTION CRIMINALAPPEALNO.648OF2018 (ArisingoutofSLP(Crl.)No.2082of2016) OSAMAAZIZANDANR. :Versus: ..Appellant(s) STATEOFUTTARPRADESHANDORS. ....Respondent(s) JUDGMENT A.M.Khanwilkar,J.1. Thisappeal,byspecialleave,filedbytheappellantsin person, is against the judgment and orders dated 10th January, 2013 and 19th March, 2013 passed by the High Court of Judicature atAllahabad, LucknowBench, inCase U/S482/378/407No.60of2013. Thefirstorderdated10 th January, 2013 is obviously an interlocutory order but also 2 rejectingreliefs(i)to(iv)claimedinthepetitionfiledbythe appellants.Thepetitioncametobefinallydisposedofbythe HighCourtvidejudgmentandorderdated19thMarch,2013. Accordingly, both these orders have been assailed in the presentappeal.ThecopyofthepetitionfiledbeforetheHigh Court has not been included in the appeal paper book. However,fromtheimpugnedorderdated10thJanuary,2013, itisnoti...
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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NOS.4534-4535_OF2018(Arising out of SLP(c) Nos.35337-35338 of 2017) VINOD KUMAR DHALL ..APPELLANT VERSUS DHARAMPAL DHALL (DECEASED) THROUGH HIS LRS. & ORS. ..RESPONDENT(S) ORDER1 Leave granted.2. Heard learned counsel for the parties.3. The defendant is in appeal aggrieved by the judgment and decree passed by the trial court, as affirmed by the High Court in first appeal and review applied had also been rejected by the High Court. The plaintiff-respondent, Dharampal Dhall (since deceased), filed a suit for restoration of possession, mesne profits and for a permanent 2 injunction with respect to House No.ED-48, Tagore Garden, New Delhi.4. The plaintiff Dharampal Dhall came with a case that he acquired the leasehold rights on plot admeasuring 149.33 square yards under the perpetual lease deed granted by the President of India in his favour and registered on 31.01.1966. The plaintiff raised a constructio...
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