Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7673 OF2019SAGAR SHARMA & ANR. Appellant(s) VERSUS PHOENIX ARC PVT. LTD. & ANR. Respondent(s) JUDGMENT R. F. Nariman, J.1) By our judgment dated 11.10.2018 in B.K. Educational Services Private Limited vs. Parag Gupta and Associates (2018 SCC OnLine SC1921in paragraphs 2, 20, 38, 43, 48 &49) we had made it clear that the Insolvency and Bankruptcy Codes coming into force on 01.12.2016 is wholly irrelevant to the triggering of any limitation period for the purposes of the Code. However, we find that in the impugned judgment the following statement is made: 13. Admittedly, I&B Code has come into force since 1st December, 2016, therefore, the right to apply accrued to 1st Respondent on 1st December, 2016. Therefore, we hold that the application under Section 7 was not barred by limitation.2) We had also made it clear beyond any doubt that for applications that will be filed under Section 7 of the Code, 2...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4815 OF2019REPORTABLE ANUPAL SINGH AND OTHERS ...Appellants VERSUS STATE OF U.P THROUGH PRINCIPAL SECRETARY, PERSONNEL DEPARTMENT AND OTHERS ...Respondents WITH C.A. No.4817/2019, C.A. No.4816/2019, C.A. No.4819/2019, C.A. No.4818/2019, C.A. No.4821/2019, C.A. No.4820/2019, C.A. No.4830/2019, C.A. No.4829/2019, C.A. No.4833/2019, C.A. No.4825/2019, C.A. No.4827/2019, C.A. No.4834/2019, C.A. No.4828/2019, C.A. No.4824/2019, C.A. No.4835/2019, C.A. Nos.4822-23/2019, C.A. No.4836/2019, C.A. No.4826/2019, C.A. No.4832/2019, C.A. No.4831/2019 JUDGMENT R. BANUMATHI, J.These appeals arise out of the judgment dated 10.02.2017 in Writ-C No.34196 of 2015 and batch matters passed by the High Court of Judicature at Allahabad in and by which the High Court while upholding the result of written examination for the post of Technical Assistant-Group-C Agriculture Department, quashed selection process subsequent to the written e...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 7699-7700 of 2019 (Arising out of SLP (C) Nos.7792-7793 of 2019) K. H. NAZAR MATHEW K. JACOB & ORS. .... Appellant(s) Versus . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.Leave granted. The width and amplitude of the expression 1. commercial site in Section 2 (5) and Section 81 (1) (q) of the Kerala Land Reforms Act, 1963 (for short, the Act), falls for our consideration in these Appeals. Commercial sites are exempted from the purview of the Act. The question whether a rocky land which is used for quarrying purposes can be treated as a commercial site and thereby excluded from the applicability of the Act was answered by a learned Single Judge of the Kerala High Court by holding that mere blasting of rocks and 1 conversion into metals does not render the area a commercial site.1 Twenty years after the said judgment, a Division Bench of the Kerala High Court took a different view. Quarrying was held ...
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Civil Appeal No.2498 of 2018 Indusind Media & Communications Ltd. vs. Commissioner of Customs, New Delhi 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2498 OF2018INDUSIND MEDIA & COMMUNICATIONS LTD. Appellant COMMISSIONER OF CUSTOMS, NEW DELHI Respondent VERSUS JUDGMENT Uday Umesh Lalit, J.1. This Appeal under Section 130E of the Customs Act, 1962 (hereinafter referred to as the Act) arises out of Order No.C/A/57743/2017 dated 09.11.2017 passed by the Customs Excise and Service Tax Appellate Tribunal (for short, the Tribunal) dismissing Appeal No.C/51770 of 2016 preferred by the appellant herein.2. The basic facts leading to the issuance of Show Cause Notice dated 27.06.2014 initiating proceedings against the appellant, as set out in the Order under appeal are as under:- Civil Appeal No.2498 of 2018 Indusind Media & Communications Ltd. vs. Commissioner of Customs, New Delhi 2 The appellant imported certain goods at air cargo complex, New Delhi ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1893 OF2010GURU @ GURUBARAN & ORS. APPELLANT(S) Versus STATE REP. BY INSP. OF POLICE RESPONDENT(S) JUDGMENT Deepak Gupta, J.1. This appeal is filed by Accused Nos. 1, 2, 3, 5 and 9 against the judgment of the High Court whereby Guru @ Gurubaran (A1) and Durai @ Durairajan (A2) have been convicted under Section 302, Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay a fine of Rs.1000/ each with default sentence of 3 1 months rigorous imprisonment (RI). As far as Vettri @ Vetrivell (A3) is concerned, he was convicted under Section 324 IPC on two counts and sentenced to one year RI on each count and fine of Rs.1000/ with default sentence of 3 months. Narayanan (A5) and Srinivasan (A9) along with other accused were convicted under Section 323 IPC and sentenced to undergo six months RI and pay fine of Rs.1000/ each with default sentence of 3 months. All the sentences were to ru...
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CA Nos.7652-7653 of 2019 arising out of SLP(C)Nos.29516-29517 of 2016 Shivkishan vs. Sujata Tarachand Makhija and ors. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION1Reportable CIVIL APPEAL NOS.7652-7653 OF2019(Arising out of Special Leave Petition (Civil) Nos.29516-29517 of 2016) SHIVKISHAN Appellant VERSUS SUJATA TARACHAND MAKHIJA AND ORS. Respondents JUDGMENT Uday Umesh Lalit, J.1. 2. Leave granted. These appeals challenge the decisions of the High Court1, namely, (i) Judgment and Final Order dated 21.09.2015 passed in Writ Petition No.1460 of 2006 and; (ii) Final Order dated 01.08.2016 passed in Miscellaneous Civil Application No.206 of 2016 in Writ Petition No.1460 of 2006(D).3. The facts leading to the filing of Dispute No.136 of 1989 under the provisions of Section 91 of the Maharashtra Cooperative Societies Act, 1High Court of Judicature at Bombay, Nagpur Bench, Nagpur CA Nos.7652-7653 of 2019 arising out of SLP(C)Nos.29516-29517 of 2016 Shivkishan vs. Sujata Tarach...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1300-1301 OF2008KANNA TIMMA KANAJI MADIWAL (D) THROUGH LRS. APPELLANT(S) VS. RAMACHANDRA TIMMAYA HEGDE (D) THROUGH LRS. AND ORS. RESPONDENT(S) Dinesh Maheshwari, J.JUDGMENT1 In the foreground, these appeals are in challenge to the judgment and orders dated 08.08.2001 and 06.12.2004, passed by the High Court of Karnataka at Bangalore in L.R.R.P. No.1 of 1996 and Review Petition No.484 of 2002 respectively, arising out of an application filed by the father of the appellant for grant of occupancy rights in respect of 4 parcels of agricultural land1 situated at Bilagi Village, Siddapur Taluk, Uttara Kannada District, Karnataka [the land in question].. However, in the background is a labyrinth of litigation/s, spreading well over half a century, as briefly summarised infra.2. The relationship and respective position of the parties involved in the matter may be noticed at the outset and as follows:1. Bear...
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Criminal Appeal No .1497 of 2019 arising out of SLP(Crl) No.8428 of 2016 State of Rajasthan vs. Sahi Ram IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1497 OF2019(Arising out of SLP(Crl.) No.8428 of 2016) 1 Reportable STATE OF RAJASTHAN APPELLANT VERSUS SAHI RAM RESPONDENT JUDGMENT Uday Umesh Lalit, J.1. 2. Leave granted. This appeal challenges the final order dated 07.04.2016 passed by the High Court1 in S.B. Criminal Appeal No.774 of 2015.3. On receiving source information on 20.06.2006 that in a white coloured Tavera vehicle bearing registration No.RJ27-TC-0323 three persons were coming from Madhya Pradesh along with contraband material namely poppy straw and were proceeding towards Jodhpur, the information was reduced to writing and a copy was immediately forwarded to the superior officers in terms of requirements of Section 42 of the 1 The High Court of Judicature for Rajasthan at Jodhpur Criminal Appeal No .1497 of 2019 arising out of SLP(Crl) N...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7577 OF2019(ARISING OUT OF SLP (CIVIL) No.23279 OF2019 (DIARY No.13251 OF2017 DIRECTOR OF ELEMENTARY EDUCATION, ODISHA & ORS. VERSUS PRAMOD KUMAR SAHOO .....APPELLANT(S) .....RESPONDENT(S) JUDGMENT HEMANT GUPTA, J.1)2) The challenge in the present appeal is to an order passed by the High Court of Orissa on March 3, 2016 whereby, the writ petition filed by the appellant challenging the order passed by the Odisha Administrative Tribunal1 on February 19, 2010 remained unsuccessful. The Tribunal has directed the appellant to grant pay scale of Trained Intermediate Arts Teacher i.e. Rs.1080/- - Rs.1800/-. The respondent was appointed under the Rehabilitation Assistance Scheme bearing order dated August 06, 1988 after death of his father Basanta Kumar Sahoo. He joined on August 10, 1988 as Primary School Teacher in pursuance of the said order in the pay scale of Rs.780/- - Rs.1140/- with D.A. as admissible....
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4045 OF2010Syeda Nazira Khatoon (D) by LR. Appellant(s) Versus Syed Zahiruddin Ahmed Baghdadi & Ors. Respondent(s) JUDGMENT MOHAN M. SHANTANAGOUDAR, J.1. The instant appeal arises out of a decision of the High Court of Calcutta dated 01.10.2008 in the revisional application C.O. No.936 of 2006, setting aside the order dated 28.02.2006 passed by the Presiding Officer, Wakf Tribunal, West Bengal in Appeal No.6 of 2005.2. The brief facts giving rise to this appeal are as follows: One Syed Obaidullah Baghdadi Shah founded a khankhah, a Mohammedan institution for imparting religious doctrine and rules of life. He gradually became its first spiritual superior or sajjadanashin. One of his devotees, Abdur Rahim, created a wakf in respect of certain properties by a registered deed of wakf dated 07.02.1913 (hereinafter 2 the wakf deed). Written in Bangla/Bengali language, this deed provided that Syed Obaidull...
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