Court : Supreme Court of India
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 893 of 2020 (Arising out of SLP (C) No 3148 of 2020 (Arising out of SLP (C) D No 8200 of 2019) Reportable State of Odisha and Ors .... Appellant(s) Versus Gobinda Behera ....Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J12 3 Delay condoned. Leave granted. This appeal arises from a judgment and order of a Division Bench of the High Court of Orissa dated 29 March 2018. 4 The respondent applied for appointment to the post of a Constable in the Odisha State Police in the 6th IR Batallion, Khurda on 29 October 2011. In response to a query, the respondent specifically stated in his application that he was not involved in any criminal case. He was appointed on 14 December 2011. A verification roll was provided to him, which was to be filled up in terms of Rule 673 of the Orissa Police Rules. On 22 May 2012, the Superintendent of Police, Puri informed the Commandant that during the course of the verification of...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION WRIT PETITION (CRIMINAL) D NO.3334 OF2020MUKESH KUMAR ...Petitioner VERSUS UNION OF INDIA AND OTHERS Respondents R. BANUMATHI, J.ORDER This writ petition has been filed under Article 32 of the Constitution of India by the petitioner-Mukesh Kumar - a death-row convict. The petitioner has filed the writ petition challenging the rejection of his mercy petition by the President of India and seeking commutation of his death sentence inter alia on the following grounds:- (i) (ii) Relevant materials were not placed before the President of India and they were kept out of consideration while considering the mercy petition; The mercy petition was rejected swiftly and there was pre-determined stance and complete non-application of mind in rejection of the mercy petition; 1 (iii) Solitary confinement of the petitioner for more than one and half years due to which the petitioner has developed severe psychiatric ailments; (iv) ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (ARISING OUT OF SPECIAL LEAVE PETITION (C) No.9276 OF2017 CIVIL APPEAL No.802 OF2020SHRIPAL BHATI & ANR. .. APPELLANT(S) VERSUS STATE OF U.P. & ORS. .. RESPONDENT(S) JUDGMENT KRISHNA MURARI, J.Leave granted.2. This appeal has been preferred against the judgment of the High Court1 dated 08.02.2017 dismissing the Writ Petition filed by the appellants laying a challenge to the appointment of respondent No.4 on the post of Project Engineer (Electrical) on deputation in New Okhla Industrial Development Authority (hereinafter referred to as NOIDA) and his subsequent absorption. 1 High Court of Judicature at Allahabad, Lucknow Bench Page 1 of 16 3. The appellants are presently posted as Assistant Project Engineer (Electrical) in NOIDA.4. On a request made by respondent No.4, who was employed as a Sub-Divisional Officer with U.P. Power Corporation Ltd., seeking appointment on a vacant post of Project Engineer (Electrical) in...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1897 OF2019(@SPECIAL LEAVE PETITION (CRIMINAL) No.3478 OF2019 SUJIT TIWARI Versus APPELLANT(S) STATE OF GUJARAT & ANR. RESPONDENT(S) JUDGMENT Deepak Gupta, J.1. This bail application has been filed by one of the accused and we are giving the facts necessary only for the decision of his case. 1 2. The Indian Coast Guard received some intelligence inputs with regard to suspicious activities of a ship MV Hennry. Therefore, the Indian Coast Guard took their own ship and intercepted the vessel on 29.07.2017. The intercepted vessel MV Hennry was flying a flag of Panama. The Master of the ship was one Suprit Tiwari, and there were 7 other crew members, all Indian nationals. The Master and the crew members were not in possession of any licence, permit and could not even produce any document pertaining to departure from last port of call i.e. Abu Dhabi in U.A.E. or for the next port of call, i.e., Bha...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 562 of 2020 (Arising out of SLP(C) No 4362 of 2016) Shree Ambica Medical Stores & Ors Appellants Versus The Surat Peoples Co-operative Bank Limited & Ors Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J1The National Consumer Disputes Redressal Commission1 allowed an appeal instituted by the first respondent and set aside the decision of the State Consumer Disputes Redressal Commission of Gujarat2. The State Commission found substance in the consumer complaint of the appellants and decreed their claim for compensation in the amount of Rs 53,66,877 with interest at 9 percent per annum. In addition, the State Commission awarded Rs 25,000 towards mental agony and Rs 5,000 towards litigation costs. The claim of the appellants arose under an insurance cover pertaining to goods hypothecated by the appellants with the first respondent under a cash credit facility. The insurer, New India Assurance Company L...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.760 OF2020(Arising out of SLP (Civil) No.10949 of 2019) Sukhwinder Singh .Appellant(s) Versus Jagroop Singh & Anr. . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein was the defendant No.2 in Case No.915 of 16.11.2004/17.04.2015. The respondent No.1 herein was the plaintiff in the suit. The respondent No.2 herein was the defendant No.1 therein. The parties will be referred to in the rank assigned to them in the suit for the purpose of convenience and clarity. The plaintiff instituted the suit seeking for decree of possession by way of specific performance of the Agreement of Sale Page 1 of 17 dated 03.01.2004 executed by defendant No.1 in favour of the plaintiff agreeing to sell the land measuring 3 Kanals 4 Marlas comprised of Khewat No.36/35 Khatauni No.91, Rect. No.63 Killa No.2/2 (34), situated in village Dulla Singh Wala, Tehsil and District Ferozpur.3. The case of the ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.724 OF2019Kashmira Devi .Appellant(s) Versus State of Uttarakhand & Ors. . Respondent(s) JUDGMENT A.S. Bopanna,J.1. The instant appeal has been filed by the appellant assailing the impugned judgment and final order dated 29.06.2017 and 10.07.2017, passed by the High Court of Judicature at Nainital in Government Appeal No.42 of 2010, whereby the High Court has allowed the appeal filed by the Respondent and set aside the acquittal of appellant passed by the trial court and convicted the Page 1 of 30 appellant for the charges under Sections 304B and 498 A IPC.2. The case of the prosecution in brief is that the marriage between deceased/ Urmila @ Guddi and Proforma Respondent No.3/Jagdish Singh was solemnized four years back. At the time of the marriage dowry was given by parents of the deceased as per their financial capacity; despite the same the husband and in laws of the deceased were not satisf...
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1 (Non Reportable) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3975 OF2010H.P.Puttaswamy ... Appellant Versus Thimmamma & Ors. ,..Respondents JUDGMENT ANIRUDDHA BOSE,J.The main dispute involved in this appeal concerns the question of necessity of presence of a purchaser of immovable property before the authority under the Registration Act, 1908 at the time of effecting registration of a deed of conveyance. In the suit, out of which this appeal arises, the plaintiff claimed declaration of himself as the lawful owner in possession of the suit property. The plaintiff is the appellant before us. This suit was instituted on 31st March 1989 and was registered as Original Suit No.132 of 1989 in the Court of Civil Judge (Junior Division) Malavalli. The plaintiff also claimed permanent injunction against the defendants restraining them from interfering with his 2 peaceful possession of the suit property and enjoyment thereof. The property in question comprises of ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5673 OF2009VARADARAJAN .....APPELLANT(S) KANAKAVALLI & ORS. .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1. The order dated 27th November, 2007 passed by the High Court of Judicature at Madras in revision petition under Section 115 of the Code of Civil Procedure, 19081 is the subject matter of challenge in the present appeal.2. The revision petition is directed against an order passed by the Executing Court on 19th September, 2005 wherein the possession of the suit property in pursuance of a decree passed in favour of one Umadevi was ordered to be given to the present appellant as the legal representative of Umadevi.3. Umadevi filed a suit for partition and separate possession in 1 for short, Code 1 respect of the suit property as the successor-in-interest of one Manicka Naicker, her husband. Prior to Umadevi, he had earlier married one Valliammal and had a child one Munisamy Naicker. Manicka Na...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7863 OF2009Nirmal Kumar Parsan Appellant Versus Commissioner of Commercial Taxes & Ors. Respondents WITH CIVIL APPEAL No.7864 OF2009Parsan Brothers and Anr. ... Appellants Versus Assistant Commissioner of Commercial Taxes & Ors. ... Respondents JUDGMENT A. M. KHANWILKAR, J.1. The principal question involved in these appeals is whether the subject sales (of goods imported from foreign country and after unloading the same on the landmass of the State of West Bengal, kept in the bonded warehouse without payment of customs duty) to 2 foreign bound ships as ship stores can be regarded as sale within the territory of the State and amenable to sales tax under the West Bengal Sales Tax Act, 1954 (for short, the 1954 Act) or the West Bengal Sales Tax Act, 1994 (for short, the 1994 Act).2. The admitted factual position in the present cases is that after importing foreign made cigarettes, the appellants store...
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