Court : Supreme Court of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7032 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.33338 OF2017 NATIONAL INSURANCE COMPANY LIMITED . APPELLANT(S) VERSUS SATISH KUMAR VERMA AND ANOTHER . RESPONDENT(S) JUDGMENT SANJIV KHANNA, J Leave granted.2. We have heard counsel for the appellant National Insurance Company Limited, but there is no appearance despite service on behalf of Satish Kumar Verma and Indira Verma (respondent Nos. 1 and 2), father and mother of the deceased Amol Verma.3. We do not see any justification and ground to interfere with the findings recorded by the High Court of Uttarakhand in adding fellowship of Rs.12,000/- per month to the salary of Rs.3,000/- per month for computing the loss of dependency. The Motor Civil Appeal arising out of SLP (C) No.33338 of 2017 Page 1 of 4 Accidents Claims Tribunal had clearly erred in excluding the fellowship component notwithstanding the Annual Income Certificate issu...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1029 OF2014Umesh Tukaram Padwal & Anr. .....Appellants Versus The State of Maharashtra .....Respondent JUDGMENT MOHAN M. SHANTANAGOUDAR, J.This appeal is directed against the judgment dated 09.10.2013 of the High Court of Judicature at Bombay in Criminal Appeal No.130 of 2006, confirming the judgment passed by the Additional Sessions Judge, Kalyan in Sessions Case No.282 of 2002. The impugned judgment confirmed the conviction of Accused No.1 for the offence punishable under 1 Section 420 of the Indian Penal Code (for short IPC) for cheating the deceased and the informant out of a sum of Rs. 45,000/, and of Accused Nos. 1 and 2 for the offences punishable under Sections 364 and 302 read with Section 34, IPC, for abducting the deceased in order to murder him, and subsequently committing such murder, in furtherance of their common intention. Accused Nos. 1 and 2 are Appellant Nos. 1 and 2 herein...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1327/2019 [@ SLP [CRL.]. NO.1271/2017]. SHISHUPAL SINGH Appellant(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) SANJAY KISHAN KAUL, J.1. Leave granted. JUDGMENT2 An FIR dated 04.09.2005 was registered in P.S. Khera Garh, District Agra, Uttar Pradesh in respect of Crime Case No.331/05 under Sections 147,148,149,307,302,323,504 and 506 of IPC.3. The police carried out investigation and filed a charge- sheet. While the trial was on, during the examination-in-chief of PW-1, an order has been passed exercising power under Section 319 of the Cr.P.C. to summon the appellant as an accused. This order was sought to be assailed in a revision petition which was dismissed. Thus, the appellant has filed the present appeal.4. A perusal of the FIR would show that the complainant is PW- 1. The role ascribed to the appellant was that he came with a country made revolver at the site but the deceased...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S).42 of 2010 VIJAY NATHALAL GOHIL Appellant(s) VERSUS STATE OF MAHARASHTRA Respondent(s) JUDGMENT INDIRA BANERJEE, J.1. This appeal is against the final judgment and order dated 21.03.2009 passed by the High Court of Judicature at Bombay in Criminal Appeal No.4 of 2003, upholding the conviction and sentence of imprisonment of the appellant for life awarded by the Additional Sessions Judge under Section 302 of the Indian Penal Code (hereinafter referred to as IPC). The appellant has however been fully exonerated from the charges under Sections 498A and 304B IPC.2. Stated briefly, the appellant was married to the deceased. They had two children. The Trial Court/High Court found that the appellant and the members of his family ill- treated the deceased and there were frequent altercations between the husband and the wife. The appellant had even left his wife at the home of her parents at Rajkot ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4676 OF2010M. J.THULASIRAMAN AND ANOTHER APPELLANTS VERSUS THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT ADMINISTRATION AND ANOTHER RESPONDENTS JUDGMENT N.V. RAMANA, J.1. This appeal is directed against judgment dated 27.11.2008, passed by the High Court of Judicature at Madras in Appeal Suit No.128 of 2000, whereby the appeal filed by the appellants under Section 70(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter the Act) was dismissed.2. The short issue before us relates to the nature of the institution called Bakers Choultry, situated at No.23, South Mada Street, 1 Mylapore, Chennai 600004, as well as the nature of the endowment it has been burdened with.3. The genesis of this dispute lies in the year 1987, when the appellants predecessorininterest filed an application under Section 63(a) of the Act before the Deputy Commissioner, Hindu Religious a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1079 OF2011MANJIT SINGH Vs. .APPELLANT(S) THE STATE OF PUNJAB .RESPONDENT(S) WITH Criminal Appeal No.1076 of 2011 JUDGMENT Dinesh Maheshwari, J.1. These two appeals by special leave are directed against the common judgment and order dated 11.03.2008, as passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 373 DB of 2005 and 350 DB of 2005 with other connected matters whereby, the High Court has upheld the judgment and order dated 28/30.03.2005 by the Sessions Judge, Barnala in Sessions Case No.21 of 2001, convicting and sentencing the accused- appellants for multiple offences, including those punishable under Sections 148, 302/149, 323, 324 and 326/149 of the Indian Penal Code (IPC).2. Put in brief, the relevant background aspects of the matter are as follows:1. 2.1. The prosecution case has been that on 03.03.2001, the deceased Dalip Singh, Rajinder Pal Singh (PW...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.967 OF2010M/s Geo Miller & Co. Pvt. Ltd. ..Appellant Versus Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. ..Respondent WITH CIVIL APPEAL No.968 OF2010CIVIL APPEAL No.969 OF2010JUDGMENT MOHAN M. SHANTANAGOUDAR, J.1. The appeals arise out of the common judgement dated 25.1.2007 of the High Court of Rajasthan at Jaipur Bench 1 dismissing the three Arbitration Applications Nos. 25/2003, 27/2003 and 28/2003 (Arbitration Applications) filed by the appellant under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act) seeking appointment of an arbitrator for adjudication of the disputes between the common appellant and the respondent in these appeals.2. The facts giving rise to these appeals are as follows: The respondent had floated tenders for execution of work on a water treatment plant. Three work orders dated 7.10.1979, 4.4.1980 and 3.5.1985 were assigned i...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11020 OF2018VASHDEO R BHOJWANI Appellant(s) VERSUS ABHYUDAYA CO-OPERATIVE BANK LTD & ANR. Respondent(s) R.F. Nariman, J.JUDGMENT1 In the facts of the present case, at the relevant time, a default of Rs. 6.7 Crores was found as against the respondent No.2. The respondent No.2 had been declared a NPA by Abhyudaya Co- operative Bank Limited on 23.12.1999. Ultimately, a Recovery Certificate dated 24.12.2001 was issued for this amount. A Section 7 petition was filed by the Respondent No.1 on 21.07.2017 before the NCLT claiming that this amount together with interest, which kept ticking from 1998, was payable to the respondent as the loan granted to Respondent No.2 had originally been assigned, and, thanks to a merger with another Cooperative Bank in 2006, the respondent became a Financial Creditor to whom these moneys were owed. A petition under Section 7 was admitted on 05.03.2018 by the NCLT, stating t...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.6977-6978 OF2019(DIARY No.8013 OF2015 EX-SEPOY (WASHERMAN) RAM KHILAWAN .....APPELLANT(S) UNION OF INDIA & ORS. .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1)2) 3) Delay condoned. Appeals admitted. The challenge in the present appeals is to orders passed by the Armed Forces Tribunal1, Regional Bench, Lucknow on October 21, 2011, May 28, 2013 and June 30, 2014 whereby, challenge to the discharge of the appellant from service on August 31, 1993 remained unsuccessful. The appellant was enrolled in the Army as a Washerman on October 23, 1987. He was discharged from service on medical grounds on August 31, 1993 due to CNS (IN) Seizure when he 1 Tribunal 1 was put in Low Medical Category BEE on August 27, 1992. Appellant, aggrieved against the discharge, submitted statutory complaint on August 11, 2007 wherein, the stand of the appellant was that no show-cause notice was given to him by the Commandi...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No(s). 7148 OF2019(Arising out of SLP(C) No(s).20159 OF2019 POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH Appellant(s) VERSUS M/S KALSI CONSTRUCTION COMPANY Respondent(s) JUDGMENT R. BANUMATHI, J: Leave granted. (2) This appeal arises out of the impugned judgment and order dated 10.05.2019 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.4045 of 2003 in and by which the High Court has dismissed the appeal of the appellant herein filed under Section 37 of the Arbitration and Conciliation Act and affirmed the Award passed by the Arbitrator including with regard to the rate of interest awarded by the arbitrator at the rate of 18% per annum. (3) The respondent-M/s. Kalsi Construction Company was allotted a contract for construction of Advanced Pediatrics Centre of the Post Graduate Institute of Medical Research and Education. Regarding the completion of the ...
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