Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO .8515 OF2018(Arising out of SLP (C) No 12590 of 2018) WEST BENGAL STATE ELECTION COMMISSION ..... APPELLANTS AND ORS Versus COMMUNIST PARTY OF INDIA (MARXIST) AND ORS ..... RESPONDENTS WITH CIVIL APPEAL NO.8516 OF2018(Arising out of SLP (C) No 15123 of 2018) JUDGMENT Dr Dhananjaya Y Chandrachud, J12 Leave granted. After the process commenced in the State of West Bengal for elections to the panchayats, a Division Bench of the Calcutta High Court issued directions on 8 May 2018 to the State Election Commission to accept nominations submitted in 2 the electronic form. The names of those candidates were directed to be published in the list of candidates contesting the panchayat elections of 2018. In issuing these directions, the High Court was conscious of the fact that the provisions of the Information Technology Act 2000 did not apply to the West Bengal State Election Commission, which is a constituti...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.18312 of 2017 MR. ANURAG MITTAL APPELLANT (S) MRS. SHAILY MISHRA MITTAL .. RESPONDENT (S) Versus JUDGMENT L. NAGESWARA RAO, J.1. By a judgment dated 31.08.2009, the Additional District Judge, North, Tis Hazari Court, Delhi allowed the petition filed by Ms. Rachna Aggarwal under Section 13 (1) (i) (a) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) and dissolved the marriage between her and the Appellant. By the said judgment the petition filed under Section 9 of the Act by the Appellant for restitution of conjugal rights was dismissed. The Appellant filed appeals against the said judgment and the operation of the judgment and decree dated 31.08.2009 was stayed by the High Court on 20.11.2009. 1 During the pendency of the Appeal, the Appellant and Ms. Rachna Aggarwal reached a settlement before the Mediation Centre, Tis Hazari Court, Delhi. According to the terms of the settlement...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION NON-REPORTABLE CIVIL APPEAL NO(S). 8431-8434/2018 (ARISING FROM SLP (C) NOS. 19140-19143/2018) THE STATE OF PUNJAB & ORS. APPELLANT(S) VERSUS PURO DEVI (D) THRU HER L.Rs. & ORS. ETC. RESPONDENT(S) KURIAN, J.Leave granted. JUDGMENT2 The appellants are before this Court, aggrieved by the judgment dated 26.08.2016 passed in RFA Nos.3469-3472/2016 by the High Court of Punjab and Haryana at Chandigarh.3. The issue pertains to the fixation of land value in respect of the land acquired from the respondents. We find that the relied on judgment has been set aside and has been remanded to the High Court by this Court by order dated 11.01.2017 passed in C.A. Nos.1949-1966/2016 and connected matters.4. In that view of the matter, we do not think it necessary to await service of notice to the respondents and then pass the order. Instead, safeguarding the interest of the respondents, we feel it appropriate to set aside the impugned judgments...
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Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1045 of 2018 (Arising out of SLP (Crl.) No.3286 of 2016) K. SUBBA RAO & ORS. .... Appellant(s) Versus THE STATE OF TELANGANA REP. BY ITS SECRETARY, DEPARTMENT OF HOME AND ORS. .Respondent(s) JUDGMENT L. NAGESWARA RAO, J.Leave granted. Respondent No.2 submitted a complaint to the 1. Chandanagar Police Station, Cyberabad, District Hyderabad on 20.12.2015 alleging harassment by her husband and his family members including the Appellants who are the maternal uncles of her husband. She also complained of the kidnapping of her son by the husband. On the basis of the said complaint, an FIR was registered under Sections 498 A of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) at Chandanagar Police Station, Cyberabad, 1 District Hyderabad on the same day. The Appellants filed a petition under Section 482 Cr. P.C. for quashing the proceedings in the crime registered pursuant to the co...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No.779 of 2018 TIRUMALA MEDICAL ACADEMY EDUCATIONAL SOCIETY AND ANR. UNION OF INDIA AND ORS. Versus JUDGMENT L. NAGESWARA RAO, J.PETITIONER (S) ..RESPONDENT (S) This Writ Petition is filed challenging the letter dated 1. 27.04.2018 of the Dental Council of India-Respondent No.2 herein to the Union of India-Respondent No.1 recommending that the first Petitioner-Tirumala Medical Academy Educational Society is not entitled for establishment of a dental college for the academic session 2018-2019. The order dated 26.06.2018 passed by Respondent No.1 accepting the recommendations of Respondent No.2 and disapproving the application of the first Petitioner for establishment of a dental college is also assailed in the Writ Petition. The Petitioners seek a further direction to Respondent No.1 to issue appropriate orders granting letter of 1 permission for establishing a new dental college for the academic ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.631 OF2017Shailesh Manubhai Parmar Petitioner Versus Election Commission of India Through The Chief Election Commissioner & Ors. JUDGMENT Respondents Dipak Misra, CJI. In the instant writ petition preferred under Article 32 of the Constitution of India, the petitioner who is the Chief Whip of the Indian National Congress party in Gujarat Legislative Assembly challenges the circular dated 1st August, 2017 issued by the Secretary, Gujarat Legislature Secretariat, the Respondent No.3 herein, in relation to the conduct of elections for the Council of States. Though the circular covers various aspects, he has challenged the availability of the option None of the Above (NOTA). 2 2. It is asserted that the Election Commission of India had issued directions to the Chief Electoral Officers of all the States and the Union Territories (except Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli,...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1217-1218 OF2017....Appellant(s) ....Respondent(s) M/s. Sonell Clocks and Gifts Ltd. :Versus: The New India Assurance Co. Ltd. A.M. Khanwilkar, J.JUDGMENT1 The appellant filed a complaint before the National Consumer Disputes Redressal Commission, New Delhi being Consumer Complaint No.20 of 2006, asserting that it had taken an Insurance Policy from the respondent (Insurance Company) for a period of one year from 19th July, 2004 to 18th July, 2005, in respect of its building, plant and machinery at plot No.70/3, B.K. Textile Compound, Dan Udyog Sangh Ltd., Piparia, Silvassa, Dadra Nagar, Haveli, for a sum assured of 2 Rs.2,87,00,000/- (Two Crore Eighty Seven Lakh Only) on reinstatement value basis. Due to torrential rains and floods in the entire area, the water gushed into the factory premises causing damage to the machinery as well as raw material lying therein. This event occurred on 4th August, ...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8146 OF2018(Arising out of SLP(C) No.4260/2018) United India Insurance Co. Ltd. & Anr. :Versus: Hyundai Engineering and Construction Co. Ltd. & Ors. ..Appellant(s) ....Respondent(s) JUDGMENT A.M. Khanwilkar, J.1. The conundrum in this appeal is whether clause 7 of the subject Insurance Policy dated 5th September, 2007 posits unequivocal expression of the intention of arbitration or is hedged with a conditionality?. The learned Single Judge of the High Court of Judicature at Madras vide impugned judgment and order dated 30th November, 2017 in O.P. No.537/2017 had held that post amendment of the Arbitration and 2 Conciliation Act, 1966 (for short, the Act), with effect from 23rd October, 2015 by insertion of sub-section 6A in Section 11 of the Act, the limited mandate of the Court is to examine the factum of existence of an arbitration agreement. No more and no less. The learned Single Judge placed re...
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Non Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.8427-8428 of 2018 (Arising out of S.L.P. (Civil) No.12112-12113 of 2017) STATE OF TAMIL NADU REP. BY SECRETARY TO GOVT. (HOME) .... Appellant Versus PROMOD KUMAR IPS & ANR. .Respondents JUDGMENT L. NAGESWARA RAO, J.Leave granted. The first Respondent filed O.A. No.165 of 2016 in the 1. Central Administrative Tribunal, Madras Bench challenging his suspension and the charge memo dated 29.10.2013. The Tribunal allowed O.A. No.165 of 2016 filed by the first Respondent by revoking his suspension. The Tribunal The first refused to set aside the charge memo. Respondent filed Writ Petition No.39989 of 2016 in the High Court of Madras challenging the judgment of the Tribunal in O.A. No.165 of 2016 in respect of the refusal to quash the charges framed against him. The Appellant - State of Tamil Nadu filed Writ Petition No.38696 of 2016 1 assailing the judgment of the Tribunal regarding the direction to rein...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8429 of 2018 (Arising out of Special Leave Petition (Civil) No.19919 of 2018) Medical Council of India .... Appellant Versus The Principal KMCT Medical College & Anr. .Respondent(s) JUDGMENT L. NAGESWARA RAO, J.Leave granted. The High Court directed the Appellant to 1. recommend grant of permission to the Respondent No.1 College for admission of 150 seats in 1st year MBBS for the academic session 2018-19. By the impugned judgment, the High Court also directed Respondent No.2 Union of India to issue a letter of permission on the 1 | P a g e basis of recommendation of the Appellant. Aggrieved thereby, the MCI has filed this appeal. Respondent No.1 (hereinafter referred to as the 2. College) was granted permission to start a medical college for the academic year 2008-09 with an intake of 100 students. Thereafter, a Notification was issued under Section 11(2) of the Medical Council of India Act, 195...
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