Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2420 OF2018R LAKSHMIKANTHAM Appellant(s) VERSUS DEVARAJI Respondent(s) R. F. NARIMAN, J.JUDGMENT In the present appeal, despite service of notice, nobody appears for the respondent. We have heard Dr. (Ms.) Pooja Jha, learned counsel appearing for the appellant. The High Court, in the present appeal, has, by the impugned judgment dated 03.02.2017, set aside the concurrent judgments of the Courts below, and allowed the appeal of the erstwhile defendant, who is the respondent before us, and hence, set aside the decree for specific performance that was passed in the plaintiffs favour. By an agreement to sell dated 22.09.2002, the suit- property was to be sold for a sum of Rs.3,65,000/-. Certain clauses of the agreement are important and are set out hereinbelow: 1. The sale price of the property mentioned in the schedule hereunder shall be Rs.3,65,000/-(Rupees Three Lakhs and Sixty Five Thousand only). 1 C...
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1 (REPORTABLE) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7574 OF2014M/S. S.E. Graphites Private Limited ..Appellant(s) Versus State of Telangana & Ors. .Respondent(s) WITH Civil Appeal Nos.10433/2014, 2084/2015, 4098/2016, 4099/2016, 8452/2016, 10670/2016, 3349/2018 and S.L.P. (C) Nos. 19961/2015, 6880/2019 JUDGMENT A.M. Khanwilkar, J.Civil Appeal Nos.7574/2014, 10433/2014, 2084/2015 and Civil Appeal No.5345 of 2019 (Arising out of S.L.P. (C) No.6880 of 2019) 1.2. Leave granted in SLP (C) No.6880 of 2019. These Civil Appeals emanate from the orders passed by the Appellate Authority rejecting the appeal preferred by the concerned appellant(s) under the provisions of APGST Act, 1957 2 or AP VAT Act, 2005 or Telangana State VAT Act, 2005, as the case may be, on the ground that the appellantassessee had failed to comply with the precondition of producing proof of payment of tax admitted to be due or of such installments as may have been granted and/or the p...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5350 2019 (Arising out of SLP(C) No.33627 of 2018) M/S HANDE WAVARE & CO. ...Appellant VERSUS RAMCHANDRA VITTHAL DONGRE & ORS. Respondents WITH CIVIL APPEAL No.5351 2019 (Arising out of SLP(C) No.567 of 2019) CIVIL APPEAL No.5352 2019 (Arising out of SLP(C) No.792 of 2019) CIVIL APPEAL No.5353-54 2019 (Arising out of SLP(C) Nos.2942-43 of 2019) CIVIL APPEAL No.5355-59 2019 (Arising out of SLP(C) Nos.4927-31 of 2019) JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals arise out of the judgment dated 21.11.2018 passed by the High Court of Bombay in WP No.8959 of 2014 and 1 batch of writ petitions in and by which the High Court held that only the second respondent is eligible for the allotment of large gala and directed the appellant-M/s Hande Wavare & Co. to vacate the large Gala No.F-158 in the Mumbai Agricultural Produce Marketing Committee, Vashi and further directing the Mumbai Agricultural Prod...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Special Leave Petition (C) No.30863 of 2018 Nirmal Software Services Pvt. Ltd. Petitioner Dr. Babasaheb Ambedkar Versus Marathwada University & Ors. Respondents ORDER INDU MALHOTRA, J.The present Special Leave Petition has been filed challenging Final Judgment & Order dated 18.09.2018 in Writ Petition No.1413 of 2017 passed by the Honble High Court of Judicature at Bombay, Bench at Aurangabad. 1 On 20.10.2012 the Petitioner entered into a MoU with the Respondent University whereby the Respondent University entrusted the work of Web Enabling and providing necessary web services to the Petitioner. The MoU was Amended on 07.04.2016 whereby Clause 3.5 was inserted, which reads as under : 3.5 Dr. Bamu & NSSPL shall mutually decide, finalize and agree upon the Terms & Conditions including financial terms to handover the Intellectual Property Rights, Ownership Transfer to DR. BAMU as and when required and decided upon....
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No(s). 10003 OF2010TRIGUN CHAND THAKUR Appellant(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) ORDER (1) This appeal arises out of judgment and order dated 21st January, 2008 in L.P.A. NO.670 of 1999 in and by which the Division Bench of the High Court of Patna affirmed the judgment of learned Single Judge holding that the Management Committee of the private schools is not State within the meaning of Article 12 of the Constitution of India and hence the writ petition of the petitioner is not maintainable. (2) The case has chequered history. The appellant was appointed as a Sanskrit teacher on 01.01.1985. On certain allegations, against the appellant by the School Department, a show cause notice was issued to him on 06.09.1994. On 01.10.1994, the appellant received the communication informing that he was suspended on account of his absence on the eve of Independence Day and Teachers Day. 2 (3) Being...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NOS. 5314-5315 OF2019(Arising out of SLP (C) Nos.5230-31 of 2019) BENGAL CHEMICALS AND PHARMACEUTICALS LIMITED AND OTHERS VERSUS ...Appellants AJIT NAIN AND ANOTHER ...Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals arise out of the orders of the High Court of Calcutta in MAT No.586 of 2018 dated 10.12.2018 and 19.12.2018 in and by which the High Court has quashed the order dated 01.10.2018 passed by the Estate Officer under sub- section (1) of Section 5 and sub-sections (2) & (2A) of Section 7 of the Act, 1971 in the application bearing CAN9489of 2018 and remitted the matter to the concerned Estate Officer for consideration of the matter afresh. 1 3. Brief facts which led to filing of these appeals are as follows:- Appellant No.1 is the owner of a limited Company, Government of India Enterprises known as Bengal Chemicals and Pharmaceuticals Ltd. situated at No.168, Maniktala Main Roa...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE MISCELLANEOUS APPLICATION NOS. 883-884 OF2019CIVIL APPEAL NOS. 3382-3383 OF2019HAMMAD AHMED ......APPELLANT IN IN Versus ABDUL MAJEED AND ORS. ...RESPONDENTS W I T H CONTEMPT PETITION (CIVIL) NOS. 589-590 OF2019CIVIL APPEAL NOS. 3382-3383 OF2019ORDER HEMANT GUPTA, J . MISCELLANEOUS APPLICATION NOS. 883-884 OF2019The present applications are filed by the appellant-plaintif claiming the following reliefs: A) B) An order restraining the respondent Nos. 1 and 2 from interfering with the working and management of Hamdard Laboratories (India) and its allied institutions in any manner whatsoever; An order directing to respondent No.1 to forthwith counter-sign all payment advices prepared by the Finance Department of Hamdard Laboratories India; 1 C) An order permitting to applicant/appellant to release all payments under the payment advices prepared by the Finance Department of Hamdard Laboratories India in the event of the ...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No(s). 1014 OF2019(Arising out of SLP(Crl.) No(s).9396 of 2018) SITA RAM Appellant(s) VERSUS STATE OF NCT OF DELHI Respondent(s) BANUMATHI, J.: Leave granted. JUDGMENT (2) This appeal arises out of judgment and order dated 15.02.2018 of the High Court of Delhi at New Delhi in Criminal Appeal No.333 of 2002 in and by which the High Court has affirmed the conviction of the appellant-Sita Ram (A-2) under Sections 302 and 323 read with 34 of the I.P.C. and the sentence of life imprisonment imposed upon him. (3) Briefly stated the case of the prosecution is that on 2nd July, 1990 10:00 p.m., injured Kala Wati (PW-19), wife of deceased-Mangal Singh, was going along with her husband to her house after closing tea shop at Kardam Puri. When they reached near the shop of Girdhari Lal (A-1 since dead), they found the appellant-Sita Ram (A-2), Ram Pal (A-3) and Ram Phal (A-3) there. Deceased-Mangal Sing...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1265 OF2007THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX RESPONDENT(S) JUDGMENT R.F. Nariman, J.1) The question raised in this appeal is as to whether receipts of subscriptions in the hands of the assessee-Company for the previous years relevant to the assessment years 1985-86 and 1986- 97 should be treated as income and not capital receipts inasmuch as the assessee has in its books of accounts shown this sum as income.2) The assessee-Company has floated various schemes which require subscribers to deposit certain amounts by way of subscriptions in its hands, and, depending upon the scheme in question, these subscribed amounts at the end of the scheme are ultimately repaid with interest. The scheme at hand also contains 1 forfeiture clauses as a result of which if, mid-way, a certain amount is forfeited, then the said amount would immediately b...
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CONTEMPT PETITION (CIVIL)No.697 OF2017IN CA NO.2431 OF2006SHIV DARSHAN SINGH VS. RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA (ASI) & ORS. 1 REPORTABLE IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION CONTEMPT PETITION (CIVIL) NO.697 OF2017IN CIVIL APPEAL NO.2431 OF2006SHIV DARSHAN SINGH Petitioner VERSUS RAKESH TIWARI, DIRECTOR GENERAL, Respondents/ ARCHAEOLOGICAL SURVEY OF INDIA (ASI) & ORS Contemnors JUDGMENT Uday Umesh Lalit, J.1. This contempt petition, inter alia, seeks initiation of action against the Respondents for alleged violation of the judgment and order dated 16.01.2012 passed by this Court in Civil Appeal No.2431 of 2006 (the Judgment, for short) and also seeks orders directing Respondent Nos.4 and 5 to demolish the structure raised by them. CONTEMPT PETITION (CIVIL)No.697 OF2017IN CA NO.2431 OF2006SHIV DARSHAN SINGH VS. RAKESH TIWARI, DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA (ASI) & ORS. 2 2. While dealing with an ancient monument popularly...
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