Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10164 of 2010 Commissioner of Income Tax, Chennai .Appellant(s) Versus S. Ajit Kumar . Respondent(s) WITH CIVIL APEAL No.10917 OF2013CIVIL APPEAL No.4449 OF2015CIVIL APEAL No.5255 OF2015CIVIL APPEAL No.10165 OF2010JUDGMENT R.K. Agrawal, J.1) This appeal has been filed against the impugned judgment and order dated 22.11.2006 passed by the High Court of Judicature at Madras in Tax Case (Appeal) No.2620 of 2006 whereby the Division Bench dismissed the appeal filed by the appellant herein while upholding the decision passed 1 by the Income Tax Appellate Tribunal (for short the Tribunal) dated 28.04.2006. Along with this appeal, other appeals are also tagged. Since the moot question in all these appeals is same, all these appeals would stand disposed off through this common judgment. Brief facts:- Civil Appeal No.10164 of 20102) In order to appreciate the facts of the present case in the appropriate manner...
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REPORTABLE INTHESUPREMECOURTOFINDIA CIVILAPPELLATEJURISDICTION CIVILAPPEALNO.46762018 (arisingoutofS.L.P.(C)No.15459of2017) SARIKA APPELLANT(S) VERSUS ADMINISTRATOR, SHRIMAHAKALESHWARMANDIR COMMITTEE,UJJAIN(M.P.)&ORS. ...RESPONDENT(S) JUDGMENT ARUNMISHRA,J.1.2. Leavegranted. ThepetitionpertainstofamousMahakaleshwartemple,Ujjain. TheappellanthasimpugnedthejudgmentandorderpassedinWrit AppealNo.37/2014bytheDivisionBenchoftheHighCourtofMadhya PradeshatIndoretherebysettingasidetheorderpassedbytheSingle Benchon4.12.2013inW.P.No.10712of2013.3. MahakaleshwarisanancienttempleofLordShiva. Inorderto understandtheimportanceoftheLingamitisnecessarytoconsiderit, inbrief,thehistoryofMahakalShiva,worshippingofstatuesand Lingam,originofMahakal,sameasdefinedinscripturesetc.aspointed 1 out in the reply of Mahant Prakash Giri of Shri Panchayati Akhara Mahanirvaniisasunder:BRIEFHISTORYOFMAHAKALSHIVA Since ancient times in Hindu culture definitions are found in name of Shiva, Pasupati...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NOS. 18475-18476 OF2013State of Kerala & Anr. ..Petitioners Vs. Mythri Vidya Bhavan English M. Sch. & Ors. ..Respondents WITH SLP(C) Nos. 4531-4532/2014, SLP(C) No.SLP(C) Nos. 4530/2014, SLP(C) Nos. 23142-23146/2013, SLP(C) Nos.23138-23140/2013, 29655- 29781-29783/2013, 29658/2013, SLP(C) Nos. SLP(C) Nos. 29560-29561/2013, SLP(C) Nos. 33438-33439/2013, SLP(C) Nos. 29660-29662/2013, SLP(C) Nos. 83-86/2014, SLP(C) Nos. 31934- 31936/2013, SLP(C) Nos. 79-80/2014, SLP(C) No.39339/2013, SLP(C) No.37208/2013, SLP(C) Nos. 76-77/2014, SLP(C) No.81/2014, SLP(C) No.82/2014, SLP(C) Nos. 4534-4536/2014 JUDGMENT Madan B. Lokur, J.1. The fundamental right to free and compulsory education to all children between the age of 6 and 14 years postulates good quality education and not just education for the sake of providing education. Regulation of such education is permissible by law and not by SLP (Civil) Nos...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1498 OF2010Murugan .Appellant(s) VERSUS State of Tamil Nadu .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed by the accused against the final judgment and order dated 25.04.2007 passed by the High Court of Judicature at Madras in Criminal Appeal No.804 of 2006 whereby the High Court dismissed the appeal filed by the appellant(Accused) and confirmed the order dated 02.08.2006 passed by the Additional Sessions Judge, Namakkal (Fast Track Court) in Sessions 1 Case No.5 of 2006 convicting the appellant under Sections 364 and 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and sentenced him to undergo rigorous imprisonment for 7 years under Section 364 IPC and to pay a fine of Rs.1000/-, in default of payment of fine, to undergo further simple imprisonment for one month and imprisonment for life under Section 302/34 IPC and to pay a fine of Rs.5000/- in de...
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1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4664 OF2018(Arising out of SLP (Civil) No.14589 of 2016) Purushottam s/o Tulsiram Badwaik Appellant VERSUS Anil & Ors. ... Respondents JUDGMENT Uday Umesh Lalit, J.Leave granted.2. Rejection of application preferred by the appellant under Section 8 of the Arbitration and Conciliation Act, 1996 (1996 Act for short) as affirmed by the High Court of Bombay at Nagpur by its judgment and order dated 10.12.2015 in Civil Revision Application No.88 of 2015, is under challenge in this appeal. 2 3. The appellant and the respondents had entered into a Partnership Agreement dated 09.11.2005. Clause 15 of said Partnership Agreement was as under:15) That in case of any dispute between the partners as regards interpretation of this Deed or any other matter connected with the partnership business, the same shall be referred to for arbitration in accordance with the provisions of Indian Arbitration Act, 1940, and th...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2268 OF2018(@ S.L.P. (C) No.33621 of 2017) Oriental Insurance Company Limited Appellant (s) VERSUS M/s Narbheram Power and Steel Pvt. Ltd. Respondent(s) JUDGMENT Dipak Misra, CJI. The respondent M/s Narbheram Power and Steel Pvt. Ltd. had entered into a Fire Industrial all Risk Policy No.31150/11/2014/65 in respect of the factory situated on plot Nos. 11 and 13, Gundichapada Industrial Estate, District Dhenkanal, Odisha. In October 2013, there was a cyclone 2 named as Phailin which affected large parts of the State of Odisha. Because of the said cyclone, the respondent suffered damages which it estimated at Rs. 3,93,36,224.00. An intimation was given to the appellant-insurer and it appointed one Ashok Chopra & Company as surveyor which visited the factory premises on 20th and 21st November, 2013. A series of correspondences were exchanged between the respondent and the insurer. On 22.12.2014, the...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.662 OF2018(Arising out of S.L.P.(Crl.)No.1410 of 2018) Prem Giri .Appellant(s) VERSUS State of Rajasthan .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is filed against the order dated 05.02.2018 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9471 of 2017 whereby the Single Judge of the High Court dismissed the application for anticipatory bail filed by the appellant herein. 1 3. Facts of the case lie in a narrow compass. They, however, need to be mentioned infra to appreciate the short issue involved in the case.4. The appellant apprehending his arrest in connection with commission of the offences punishable under Sections 143, 341, 323, 308 332 and 353 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) pursuant to FIR No.332/2017 registered at Police Station Jaitaran, District Pali filed an applic...
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NONREPORTABLE INTHESUPREMECOURTOFINDIA CRIMINALAPPELLATEJURISDICTION CRIMINALAPPEALNO.1892OF2017 SATPAL .........APPELLANT(S) VERSUS STATEOFHARYANA .....RESPONDENT(S) JUDGMENT NAVINSINHA,J.TheappellantassailshisconvictionunderSection302read withSection201I.P.C.,bytheAdditionalSessionsJudge,Hissar in case No.54SC (RBT) of 2008, affirmed by the High Court, basedonthelastseentheory. 2. PW7,KrishanKumarlodgedanF.I.R.on11.09.2007with regardtohismissingnephew,thedeceasedKapilKumarwhowas thirteen years old. The deceased had gone to the village the previouseveningatabout6:00PMtodelivermilktocustomers. The witness and his relative PW9, Richhpal had seen the 1 deceasedwiththeappellantatabout9:00PMontheKhairpur Road,Sarangpur,goingonabicycletogether.Thedeceaseddid not return home at night. His dead body was found the next morninglyingconcealedinaheapofdryfodderinthefieldsof Subhash. Theappellantwasstatedtohavehadanaltercation withthedeceasedafewdaysagowithr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPERAL No.4628 OF2018[Arising out of SLP (C) No.31356 of 2016]. Union of India .. Appellant(s) Versus Hardy Exploration and Production (India) INC .. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. This appeal arises from the final judgment and order dated 27.07.2016 passed by the High Court of Delhi at New Delhi in FAO No.59 of 2016 whereby the Division Bench of the High Court dismissed the appeal filed by the Union of India (appellant herein) 1 challenging the order dated 09.07.2015 passed by the Single Judge in OMP No.693 of 2013 and order dated 20.01.2016 in Review Petition No.400 of 2015 in OMP No.693 of 2013.3) In order to appreciate the controversy involved in the appeal, few relevant facts, which lie in a narrow compass, need to be stated hereinbelow.4) This appeal arises out of the proceedings (OMP6932013) filed by the appellant (Union of India) against the respondent-Company under S...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION M.A. NO.267 OF2017IN SLP (CRL.) NO.657 OF2017DILAWAR Petitioner Versus The State of Haryana & Anr. Respondents ORDER1 This application has been filed by CBI in a disposed of matter for modification of order of this Court dated 31st January, 2017. 2, FIR No.118 dated 27th February, 2016 was registered with the Police Station, Urban Estate, Rohtak alleging mob violence in jat agitation. The petitioner was one of the accused arrested on 20th April, 2016 and was said to be in custody since then. The state police, after completing the investigation, filed chargesheet on 27th May, 2016 before the Court. However, the investigation was thereafter transferred, on 30th September, 2016, to the CBI along with several other cases. Court proceedings were also transferred from regular courts to the CBI Court at Panchkula. The petitioner applied for bail before 2 the Additional Sessions Judge, Rohtak which was dismissed on 12th...
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