Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.OF2018(Diary No.17180/2018) ....Petitioner(s) ....Respondent(s) E. SIVAKUMAR :Versus: UNION OF INDIA AND ORS. A.M. Khanwilkar, J.ORDER1 This special leave petition takes exception to the judgment and order of the High Court of Judicature at Madras dated 26th April, 2018 in Writ Petition No.19335 of 2017, whereby the High Court has issued a writ of mandamus to transfer the investigation of a criminal case concerning the illegal manufacture and sale of Gutkha and Pan Masala, 2 containing Tobacco and/or Nicotine, to the Central Bureau of Investigation (CBI).2. The petitioner has been named as an accused in the FIR because of his alleged involvement in the crime under investigation. The petitioner at the relevant time was posted on deputation as Food Safety Officer in the Food Safety and Drug Administration Department, Ministry of Health. The stated crime was being investigated by the ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.775/2018 (arising out of SLP (Crl.) No.5391 of 2017) State by Lokayuktha Police Petitioner (s) H. Srinivas Versus WITH Respondent (s) CRIMINAL APPEALS NOS.776779/2018 (arising out of SLP (Crl.) No.56065609 of 2017) JUDGMENT N. V. RAMANA., J.1. 2. Leave granted. These appeals are filed against the common order passed by the High Court of Karnataka at Bengaluru, in Writ Petition No (s). 21782, 38450, 38451 and 38498 of 2014, and Criminal Petition No.7166 of 2015, wherein the High Court 1 has quashed the proceedings instituted against the accused respondents.3. There are two separate and distinct crimes alleged to have been committed by the different individuals. Therefore, we would like to note both set of facts so as to understand the issue at hand.4. The first set of facts pertain to Crime No.103/2013 registered under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, ...
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REPORTABLE THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.5681/2018 (Arising out of SLP (C) No.6286 of 2017) Meenakshi Saxena & Anr. Appellant (s) Versus ECGC Ltd. (Formerly known as Export Credit Guarantee Corporation of India Ltd.) and Anr. Respondent (s) JUDGMENT N.V. RAMANA, J.1. 2. Leave granted. This case arises out of the impugned order dated 20.10.2016, in Revision Petition No.614 of 2015, passed by the National Consumer Disputes Redressal Commission [hereinafter referred as NCDRC for brevity]. wherein the NCDRC has allowed the Revision and set aside the order of the District Forum which was confirmed by the State Commission. 1 3. A brief reference to the facts of the case necessary for the disposal of this case are that, the appellant had purchased an insurance policy No.SCR0000093, dated 27.07.2000, from respondent No.1 against any loss suffered due to the reason of risks involved in the export of goods from India. Under Clause 13 of the contract, the...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5650 OF2018(Arising out of S.L.P.(C) No.6091 of 2010) M/S. HARYANA SURAJ MALTING LTD. ... APPELLANT (S) VERSUS PHOOL CHAND ... RESPONDENT (S) WITH CIVIL APPEAL No.5649 OF2018(Arising out of S.L.P.(C) No.6092 of 2010) AND CIVIL APPEAL NO.5893 OF2012KURIAN, J.: JUDGMENT2 3. Leave granted. The question arising for consideration in this case is whether the Industrial Tribunal/Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering an application for setting aside an ex parte award. In view of the conflict between two decisions of this Court - Sangham Tape Co. v. Hans Raj 1 and Radhakrishna 1 (2005) 9 SCC3311 Mani Tripathi v. L.H Patel and another 2, by order dated 21.01.2011 in Haryana Suraj Malting Limited v. Phool Chand 3, a reference to a larger bench was made in the following terms: 1. Whether the Industrial Tribunal/Labour Court becomes functus ...
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1 Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.765 OF2018(Arising out of Special Leave Petition (Crl.) No.2600 of 2018) Vaijnath Kondiba Khandke Appellant Versus State of Maharashtra and Another ... Respondents JUDGMENT Uday Umesh Lalit, J.Leave granted.2. This appeal is directed against the judgment and order dated 23.01.2018 passed by the High Court of Judicature at Bombay, Bench at Aurangabad dismissing Criminal Application No.4724 of 2017 preferred by the appellant. 2 3. One Kishor Parashar serving in the office of the Deputy Director of Education Aurangabad, committed suicide on 08.08.2017 in his house. His wife made a complaint to the police that her husband was suffering from mental torture as his higher officers were getting heavy work done from her husband which required him to work from 10.00 am to 10.00 pm; that her husband would be called at odd hours and even on holidays to get the work done; that officer named Vaijnath Ko...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2622 OF2018(Arising out of S.L.P. (CIVIL) No.1724 of 2018) Kiran Pal Singh Appellant(s) VERSUS The State of Uttar Pradesh & Ors. Respondent(s) JUDGMENT Dipak Misra, CJI. India, a vast country, lives in villages. The Gram Sabhas in the ancient era were conferred certain powers so that there could be a feeling of participation in the societal and local issues and also to establish a sociocultural amity among the members of the collective. History records with satisfaction that panchayats were able to settle disputes amongst the villagers and they had many a tool to focus on unity. Mahatma Gandhi, the father of the nation, emphasized on many an occasion that people should go to the villages to realize the true character of real India. He had said with emphasis that India lives in her seven hundred 2 thousand villages and the soul of India lives in its villages. The Constituent Assembly debates reflecte...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3792 OF2010THE KERALA ASSISTANT PUBLIC PROSECUTORS ASSOCIATION ..Appellant(s) :Versus: THE STATE OF KERALA AND ORS. ....Respondent(s) JUDGMENT A.M. Khanwilkar, J.1. The appellant Association has assailed the judgment and order dated 7th March, 2008 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No.514 of 2008, whereby the High Court rejected the claim for grant of parity to Assistant Public Prosecutors, in the matter of retirement age, with Public Prosecutors in the State. 2 2. According to the appellant, Assistant Public Prosecutors are appointed to the Magistrate Court to conduct prosecutions as per Section 25 of the Code of Criminal Procedure (for short the Code). The Public Prosecutors are also appointed to conduct prosecutions in the Sessions Court under Section 24 of the Code. The nature of duties, functions and powers of both Assistant Public Prosecutors ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5248 OF2018(Arising out of SLP (C) No.32031/2016) THE AUTHORISED OFFICER, STATE BANK OF INDIA :Versus: ....Appellant(s) M/S. ALLWYN ALLOYS PVT. LTD. AND ORS. ....Respondent(s) JUDGMENT A.M. Khanwilkar, J.1. The judgment and order dated 30th August, 2016 of the Division Bench of the High Court of Judicature at Bombay in Writ Petition No.7480 of 2014, is assailed in this appeal, whereby the High Court without formally setting aside the order passed by the Debts Recovery Appellate Tribunal, Mumbai dated 20th November, 2013 in Appeal No.273 of 2013 2 connected with M.A. No.886 of 2013, disposed of the writ petition with liberty to respondent Nos.5 & 6 (writ petitioners) to approach the competent forum for adjudication of their right, title and interest in respect of a flat/apartment, i.e. Flat No.C-203 on the Second Floor of Blue Heaven Apartment, C- Wing, Rebellow Road, Bandra (West), Mumbai, which was...
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1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5628 OF2018(Arising out of Special Leave Petition (Civil) No.28895 of 2017) District Basic Education Officer Allahabad Appellant VERSUS Sushila Jaiswal (Dead) through her Lrs and Ors. ... Respondents JUDGMENT Uday Umesh Lalit, J.Leave granted.2. This appeal challenges the decision dated 21.03.2017 passed by the High Court of Judicature at Allahabad dismissing Special Appeal (Defective) No.374 of 2015 preferred by the appellant herein. 2 3. The Institution named Junior High School, Dandupur, Chaka, Allahabad is an Institution recognized under UP Basic Education Act, 1872 and its staff receives salary under the provisions of UP Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. 1st respondent-Sushila Jaiswal (since deceased, represented by her legal representatives) was initially appointed as Assistant Teacher in a Primary School on the basis of appointment letter ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION (C) NOS. 1665-1666 OF2017IN I.A. NOS. 102-103 OF2017IN SPECIAL LEAVE PETITION (C)NOS.8398-8399 OF2005M/S WRITERS AND PUBLISHER PVT LTD PETITIONER Versus A K MISHRA, OFFICIAL LIQUIDATOR THE COOPERATIVE STORES LTD. SUPER BAZAR .....RESPONDENT With MA Nos. 1394-1395 of 2017 In I.A. Nos. 102-103 of 2017 In SLP (C) Nos. 8398-8399 of 2005 With MA Nos. 677-678 of 2018 In SLP (C) Nos. 8398-8399 of 2005 & I.A. No.3664 of 2018 2 With Contempt Petition (C) Nos. 866-867 of 2018 In SLP (C) Nos. 8398-8399 of 2005 And with M.A. Nos. .D.Nos. 64493 of 2018; 64494 of 2018 & 64495 of 2018 ORDER Dr D Y CHANDRACHUD, J1The revival of Super Bazar was being monitored by this Court over several years. By an order dated 7 May 2008, this Court noted that three bidders were identified by the Evaluation Committee; among them being M/s Writers and Publisher Pvt Ltd (WPL). This Court recorded that all the Unions representing the w...
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