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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 1495 of 2016 REPORTABLE R R Inamdar .... Appellant(s) Versus State of Karnataka & Ors ....Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J This appeal arises from a judgment of a Division Bench of the High Court of Karnataka dated 17 November 2015. The High Court, while dismissing the Writ Appeal filed by the appellant, confirmed the judgment of a learned Single Judge dated 1 October 2015 holding that since there was a solitary post of a Lecturer in English, the appellant could not have been appointed to the post on the basis of reservation and that the fifth respondent, who was senior to the appellant, had a valid claim and entitlement to the post. The appeal relates to the services of the appellant and the fifth respondent in an institution known as Sri Jagadaguru Annadaneshwari High School at Mundaragi, Gadag District of the State of Karnataka. The fifth respondent was appointed as a teacher on 2 Novem...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.6243 OF2019 CIVIL APPEAL No.9063 OF2019CENTURY RAYON LIMITED .. APPELLANT(S) VERSUS IVP LIMITED AND OTHERS .. RESPONDENT(S) JUDGMENT SANJIV KHANNA, J.Leave granted.2. The first respondent IVP Limited is a company and owner of the non-agricultural land at village Vadavali bearing S. No.43/32 admeasuring about 20 R Pot Kharaba 1 R and at village Mohane bearing S. No.42/12 admeasuring about 22R30 and S. No.44/2 admeasuring about 50 R Pot Kharaba 3R. The first respondent has filed a suit for permanent injunction with a grievance that the Maharashtra State Electricity Distribution Company Limited (MSEDC for short), the second respondent before us, had appointed contractors who were excavating its land for Civil Appeal arising out of SLP (C) No.6243 of 2019 Page 1 of 11 construction of the electricity transmission towers without any prior approval.3. The appellant Century...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1781 OF2009VINOD KUMAR GARG .. APPELLANT(S) VERSUS STATE (GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI) .. RESPONDENT(S) JUDGMENT SANJIV KHANNA, J.The impugned judgment dated 7th January 2009 passed by the High Court of Delhi upholds conviction of Vinod Kumar Garg (the appellant, for short) under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (the Act, for short) imposed by the Special Judge, Delhi vide judgement dated 27th March 2002. The appellant has been sentenced to undergo rigorous imprisonment for one and a half years, and fine of Rs. 1,000/- for each offence and in default of payment to undergo simple imprisonment for three months on both counts separately. The sentences have been directed to run concurrently. Criminal Appeal No.1781 of 2009 Page 1 of 24 2. Challenging the conviction, the learned senior advocate for the appellant submits that there are major contradicti...
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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.9052 of 2019 (Arising out of SLP (C) No 1836 of 2019) REPORTABLE Nasima Naqi .... Appellant(s) Versus Todi Tea Company Ltd and Ors ....Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J Leave granted This appeal arises from the judgment delivered by a Division Bench of the High Court of Calcutta on 19 December 2018 rejecting the appeal filed by the appellant against a decree for eviction under the West Bengal Premises Tenancy Act 19971. The spouse of the appellant was inducted as a tenant of shop Room No 23 situated on the ground floor of the premises situated at 2 Lane Bazar Street Calcutta-700001 on a monthly rent of Rs 235.95 under an agreement dated 6 May 1988. An interest free deposit of Rs 12,000 was paid by the original tenant at the time of being inducted into the premises. The tenant died in July 2002 and was survived by the appellant and two sons. The landlord instituted a suit for eviction in 201...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6572 OF2010Santosh Chaturvedi . Appellant(s) Versus Kailash Chandra & Anr. .Respondent(s) JUDGMENT A.S. Bopanna,J.1. The appellant is before this Court assailing the order dated 28.11.2007 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.54204/2007. Through the said order the High Court has allowed the Writ Petition filed by the respondents herein and has set aside the judgment and order dated 09.10.2007 passed by the Special Judge, Mathura in P.A. Appeal No.1/2002 whereby the order dated 03.08.2001 passed by the Prescribed Page 1 of 20 Authority/ Upper Civil Judge (C.D.) is upheld. The appellant is, therefore, aggrieved and is before this Court.2. The appellant herein instituted the petition under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Rent Act for short) against the predecessor o...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION Review Petition (Crl.) No.46 of 2019 IN Writ Petition (Crl.) No.298 of 2018 YASHWANT SINHA & ORS. .Petitioners Versus .Respondents INTERVENTION APPLICATION, CENTRAL BUREAU OF INVESTIGATION Through its DIRECTOR & ANR. (I.A. No.69008/2019 CLARIFICATION/DIRECTION, I.A. No.69006/2019 I.A. No.71047/2019 PRODUCTION OF RECORDS and I.A. No.69009/2019 STAY APPLICATION) WITH MA582019 in W.P.(Crl.) No.225/2018 (PIL-W) (I.A. No.182576/2018 CORRECTION OF MISTAKES IN THE JUDGMENT) R.P.(Crl.) No.122/2019 in W.P.(Crl.) No.297/2018 (PIL-W) 1 No.29248/2019 CRIMINAL INITIATING MA4032019 in W.P.(Crl.) No.298/2018 (PIL-W) (I.A. PROCEEDINGS U/S340OF CRPC) R.P.(C) No.719/2019 in W.P.(C) No.1205/2018 (PIL-W) CONMT.PET.(Crl.) No.3/2019 in R.P.(Crl.) No.46/2019 in W.P.(Crl.) No.298/2018 (PIL-W) (I.A. No.63168/2019 EXEMPTION FROM FILING O.T., I.A. No.71678/2019 EXEMPTION FROM FILING O.T. and I.A. No.66253/2019 EXEMPTION FROM F...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL No.(Arising out of SLP (C) No.7979 of 2019) OF2019WAPCOS Ltd. ...Appellant(s) Versus Salma Dam Joint Venture & Anr. Respondent(s) WITH CIVIL APPEAL No.OF2019(Arising out of SLP (C) No.. of 2019) (Diary No.6975 of 2019) JUDGMENT A.M. Khanwilkar, J.Leave granted.1. These appeals take exception to the judgment and order dated 25.01.2019 passed by the High Court of Delhi at New Delhi in Arbitration Petition No.810 of 2016, whereby the High Court allowed the Arbitration Petition purportedly filed by respondent No.1 Salma Dam Joint Venture, under Section 11(6) of the Page 1 of 27 Arbitration and Conciliation Act, 1996 (for short, the Act) and appointed a sole Arbitrator.2. Briefly stated, the Ministry of External Affairs (for short, MEA) and the appellant in the leading appeal, Water and Power Consultancy Services (India) Limited (for short, WAPCOSL), a Public Sector Undertaking, entered into an agreement, da...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION Civil Appeal No.8588 of 2019 [Arising out of Special Leave Petition (Civil) No.15804 of 2017]. REPORTABLE Rojer Mathew Appellant(S) VERSUS South Indian Bank Ltd. & Ors. Respondent(S) WITH W.P.(C) No.267/2012, W.P.(C) No.279/2017, W.P.(C) No.558/2017, W.P.(C) No.561/2017, W.P.(C) No.625/2017, W.P.(C) No.640/2017, W.P.(C) No.1016/2017, W.P.(C) No.788/2017, W.P.(C) No.925/2017, W.P.(C) No.1098/2017, W.P.(C) No.1129/2017, W.P.(C) No.33/2018, W.P.(C) No.205/2018, W.P.(C) No.467/2018, T.C.(C) No.49/2018, T.C.(C) No.51/2018, T.P.(C) No.2199/2018 JUDGMENT RANJAN GOGOI, CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce the pleadings of each case separately, a brief reference is being made, illustratively, to the prayers made in three matters to aid t...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO.5511 OF2012M/S. MITRA GUHA BUILDERS (INDIA) COMPANY ...Appellant OIL AND NATURAL GAS CORPORATION LIMITED VERSUS WITH Respondent CIVIL APPEAL NO.5512 OF2012JUDGMENT R. BANUMATHI, J.These two appeals arise out of the judgment dated 16.02.2009 passed by the High Court of Delhi in FAO(OS) No.6 of 2008 and FAO(OS) No.7 of 2008 in and by which the Division Bench of the High Court has set aside the order of the learned Single Judge and also of the learned Arbitrator by holding that the levy of liquidated damages is an excepted matter under Clause 2 read with Clause 25 of the contract and the same is not arbitrable.2. Brief facts which led to filing of these appeals are as follows:- 1 Appellant-M/s. Mitra Guha Builders (India) Company and the respondent-Oil and Natural Gas Corporation Limited (ONGC) entered into a contract on 05.01.1996 bearing No.DHL/Civil/NOIDA/6/94 for construction of Multi-storeyed Reside...
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1 REPORTABLE IN THE SUPREME COUR OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1670 OF2019[Arising out of SLP (Crl.) No.1299 of 2016]. Awadhesh Kumar .. Appellant Versus State of U.P. & Anr. .. Respondents JUDGMENT M. R. SHAH, J.1. 2. Leave granted. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.12.2015 passed by the High Court of Judicature at Allahabad at Lucknow Bench in Criminal Appeal No.2517 of 2009 by which the High Court has been pleased to allow the appeal preferred by the original accused partly and has converted the conviction from Section 302 IPC to Section 304 Part I IPC, the original complainant has preferred this appeal. 2 3. Brief facts of the case of the prosecution was that the complainant Awadesh Kumar lodged an FIR at Police Station Khiri, District Lakhimpur Kheri on 11.07.2006 at 18:45 hours alleging therein that on 11.07.2006 at about 5:30 p.m. his mother Smt. Lajjawati was making complaint to Ravinder Verma (origina...
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