Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4453 OF2009Kamal Kumar .Appellant(s) VERSUS Premlata Joshi & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 08.01.2008 passed by the High Court of Madhya Pradesh at Jabalpur in F.A. No.808 of 2000 whereby the Division Bench of the High Court dismissed the first appeal filed by the appellant herein and affirmed the judgment and decree dated 31.08.2000 passed by the Additional District Judge, Harda in Civil Suit No.19A/97. 1 2. Few facts need mention infra for the disposal of this appeal.3. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises.4. The appellant filed the civil suit against the respondents claiming specific performance of the contract in relation to the suit land. The respondents contested the suit.5. By judgment/decree dated 31.8.2000, the Trial...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3505 OF2009State of Rajasthan & Ors. .Appellant(s) VERSUS Gram Vikas Samiti, Shivdaspura Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 20.04.2007 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Civil Regular Second Appeal No.186 of 2007 whereby the Single Judge of the High Court dismissed the second appeal filed by the appellants herein and affirmed the order dated 15.07.2006 passed by the 1 first Appellate Court in Regular Civil Appeal No.37 of 2003.2. Few facts need mention infra for disposal of this appeal.3. The State and its authorities are the appellants herein. They are the defendants whereas the respondent is the plaintiff in a civil suit out of which this appeal arises.4. The respondent claiming to be the Society filed a civil suit against the State and its authorities in relation to the suit l...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2530 OF2012Birla Institute of Technology .Appellant(s) VERSUS The State of Jharkhand & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 02.04.2008 passed by the High Court of Jharkhand at Ranchi in LPA No.53 of 2007 whereby the Division Bench of the High Court dismissed the LPA filed by the appellant herein and confirmed the order dated 12.01.2007 passed by the Single Judge of the High Court in W.P. No.2572 of 2005. 1 2. The controversy involved in this appeal is a short one as would be clear from the facts stated infra.3. The appellant is a premier technical educational institute of repute in the country. It is known as Birla Institute of Technology (BIT).4. Respondent No.4 joined the appellantInstitute as Assistant Professor on 16.09.1971 and superannuated on 30.11.2001 after attaining the age of superannuation.5. Respondent No....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5810 OF2009Deputy Executive Engineer .Appellant(s) VERSUS Kuberbhai Kanjibhai .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 05.12.2007 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.19622 of 2007 whereby the 1 High Court dismissed the petition filed by the appellant herein.2. By impugned order, the High Court upheld the award dated 09.05.2007 passed by the Labour Court, Surendranagar in LCS No.120/1994 and directed the appellant (State) herein to reinstate the respondent (worker) without awarding to him any back wages. Against this order, the State felt aggrieved and filed the present appeal by way of special leave before this Court.3. It is the case of the respondent (worker) that he rendered his services in the R & B Department of the State (Surendranagar) as a daily wager for 18 years but his se...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.124125 OF2019(Arising out of S.L.P.(C) Nos. 1081510816 of 2017) State of Uttarakhand & Anr. .Appellant(s) VERSUS Raj Kumar .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. These appeals are directed against the final judgment and order dated 24.11.2015 in W.P. No.1116 of 2015 and dated 27.06.2016 in RAMCC1No.333 of 2016 passed by the High Court of Uttarakhand at Nainital.3. By impugned order dated 24.11.2015 passed in writ petition, the High Court modified the award dated 25.02.2015 in Workman Disputes Case No.45 of 2014 by which the Labour Court, Haridwar had awarded compensation of Rs.30,000/ to the respondent in lieu of reinstatement and instead directed the State (appellant herein) to reinstate the respondent (worker) without awarding to him any back wages. The High Court also granted liberty to the State to proceed against the respondent (worker) in accordance with the provisi...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.126156 OF2019[Arising out of SLP (C) Nos. 2798028010 of 2018]. Manish S. Pardasani (M/s Wine Kornder) etc.etc. ... Appellant(s) Versus Inspector State Excise, P1, Division, Mumbai(Suburbs) & Ors. etc.etc. Respondent(s) WITH CIVIL APPEAL No.157 OF2019[Arising out of SLP (C) No.29169 of 2018]. Dr.(Mrs.)Ashwini Joshi ... Appellant(s) Versus Manish S. Pardasani & Ors. Respondent(s) 1 JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. These appeals are filed against the final judgment and order dated 05.10.2018 passed by the High Court of Judicature at Bombay in Writ Petition (Loding) Nos.3255, 3166, 3169, 3170, 3171, 3179, 3205, 32273233, 32353237, 3254, 32563258, 3263/2018, Writ Petition Nos.1064910657/2018.3) In order to appreciate the factual and legal controversy involved in these appeals which lie in a narrow compass, it is necessary to set out the relevant facts hereinbelow.4) The appellants [Wr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.117 OF2019[Arising out of SLP (C) No.19516 of 2014]. Sushil Thomas Abraham ... Appellant(s) Versus M/s Skyline Build. Thr. Its Partner & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is directed against the final judgment and order dated 10.03.2014 passed by the High Court of Kerala at Ernakulam in CMC No.78/2011 in RFA No./2011 whereby the Division 1 Bench of the High Court dismissed the CMC petition filed by the appellant herein.3. The facts of the case lie in a narrow compass as would be clear from their narration infra so also the controversy which is involved in this appeal is a short one.4. The appellant is the plaintiff and the respondents are the defendants in the civil suit out of which this appeal arises.5. The appellant filed a civil suit against the respondents in the Court of 1st Additional SubJudge, Thiruvananthapuram being OP (indigent) No.38/96 fo...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.126156 OF2019[Arising out of SLP (C) Nos. 2798028010 of 2018]. Manish S. Pardasani (M/s Wine Kornder) etc.etc. ... Appellant(s) Versus Inspector State Excise, P1, Division, Mumbai(Suburbs) & Ors. etc.etc. Respondent(s) WITH CIVIL APPEAL No.157 OF2019[Arising out of SLP (C) No.29169 of 2018]. Dr.(Mrs.)Ashwini Joshi ... Appellant(s) Versus Manish S. Pardasani & Ors. Respondent(s) 1 JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. These appeals are filed against the final judgment and order dated 05.10.2018 passed by the High Court of Judicature at Bombay in Writ Petition (Loding) Nos.3255, 3166, 3169, 3170, 3171, 3179, 3205, 32273233, 32353237, 3254, 32563258, 3263/2018, Writ Petition Nos.1064910657/2018.3) In order to appreciate the factual and legal controversy involved in these appeals which lie in a narrow compass, it is necessary to set out the relevant facts hereinbelow.4) The appellants [Wr...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s).11934 OF2018(Arising out of SLP(C ) No(s). 28527 of 2016) KU. BHAWANA ..Appellant(s) VERSUS STATE OF MAHARASHTRA & ORS. .Respondent(s) JUDGMENT Rastogi, J.1. The dispute in this appeal pertains to the inter se seniority of the appellant visavis 5th respondent, who were appointed as Assistant Teacher in Secondary School and their services are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter being referred to as Rules 1981).2. The brief facts that culled out in a nut shell are that the appellant was appointed as Rest. (untrained) Teacher in High School, Smt. Sindhutai Poreddiwar, Gogaon, Distt. Gadchiroli, with effect from 15th July, 1994 vide order of appointment dated 1 27th June, 1994. Her appointment was purely on temporary basis for a period from 15th July, 1994 to 7th May, 1995 on the terms & conditions as laid down in Maharashtra Empl...
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1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.14 OF2019[Arising out of SLP (Crl.) No.5632 of 2014]. State of Madhya Pradesh .. Appellant Versus Kalyan Singh & Ors. .. Respondents JUDGMENT M. R. Shah, J.Leave granted.1. Being aggrieved and dissatisfied with the impugned judgment and order dated 29.7.2018 passed by the High Court of Madhya Pradesh in Miscellaneous Criminal Case No.6075 of 2013, by which the High Court has quashed the criminal proceedings pending against the present Respondent herein by Crime No.23 of 2013 for the offences under Sections 307, 294 read Section 34 of the IPC registered at the Police Station 2 Maharajpur, District Gwalior, the State of Madhya Pradesh has preferred the present appeal.2. That the Respondent No.5 hereinthe original Complainant one Birbal Sharma filed a complaint against Respondent Nos. 1 to 4 hereinthe original Accused for the offences under Sections 307, 294 read with Section 34 of the IPC. Th...
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