Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4981 OF2021(ARISING OUT OF SLP (CIVIL) No.11882 OF2018 UNION OF INDIA & ORS. .....APPELLANT(S) VERSUS M/S PUNA HINDA .....RESPONDENT(S) JUDGMENT HEMANT GUPTA, J.1. The challenge in the present appeal is to an order dated 17.11.2017 passed by the Division Bench of the Gauhati High Court dismissing an intra-court appeal and affirming the order passed by the learned Single Bench on 4.8.2016.2. The learned Single Bench of the High Court allowed the writ petition filed by the respondent M/s. Puna Hinda1 who had sought quashing of letters dated 27.8.2015 and 21.10.2015 and also a direction to pay Rs. 31,57,16,134/- with interest at the rate of 18% p.a.3. The learned Single Judge held that payment in terms of Final Joint Survey/Measurement Report dated 24.10.2013 be taken into consideration for making revised Detailed Project Report (DPR) and 1 Hereinafter referred to as the writ petitioner 1 thus passed ne...
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Civil Appeal Nos. 9845-9846 of 2016 etc. M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors. 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.9845-9846 OF2016M/S. INDSIL HYDRO POWER AND MANGANESE LIMITED APPELLANT VERSUS STATE OF KERALA AND OTHERS RESPONDENTS WITH CIVIL APPEAL NOS.9847-9850 OF2016JUDGMENT Uday Umesh Lalit, J.1. Civil Appeal Nos.9845-9846 of 2016 preferred by M/s Indsil Hydro Power and Manganese Limited (hereinafter referred to as INDSIL) and Civil Appeal Nos.9847-9850 of 2016 preferred by Carborundum Universal Limited (hereinafter referred to as CUMI) are directed against the common judgement and order dated 03.04.2014 passed by the Division Bench of the High Court1 1 The High Court of Kerala at Ernakulam. Civil Appeal Nos. 9845-9846 of 2016 etc. M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors. 2 allowing Writ Appeal Nos.1345 and 1355 of 2013 preferred by State of Kerala against IN...
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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5815 OF2009ASSISTANT EXCISE COMMISSIONER, KOTTAYAM & ORS. ...APPELLANT(S) VERSUS ESTHAPPAN CHERIAN & ANR. ...RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. The State of Kerala, is aggrieved by the judgement of the Kerala High Court, which allowed the respondents -(hereafter called "the licensee") writ petition -whereby he claimed for an order quashing a demand in respect of a certain amount towards the balance sought to be recovered after a country liquor license was cancelled.2. The licensee was the successful bidder for arrack shops in the state of Kerala for the year 1993-94; the bid amount it offered was 60 lakhs. A permit for import of 13,00,920 litres of rectified spirit was awarded. The excise duty payable for the designated quantity, monthly was 3,58,162/-. The licensee entered into an agreement with the State on 01-04-1993. Alleging that the 2 licensee committed default in the payment of the bid amoun...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1802-1806 OF2010KERALA PUBLIC SERVICE COMMISSION ...APPELLANTS(S) VERSUS K.N. RADHAMANI & ORS. ETC.ETC. ...RESPONDENT(S) WITH TRANSFERRED CASE (CIVIL) No.60 OF2014WITH CIVIL APPEAL No.2822 OF2010WITH CIVIL APPEAL No.2823 OF2010JUDGMENT ANIRUDDHA BOSE, J.These five appeals and the connected matters relate to controversy over the qualification criteria for appointment to the posts of clerk/cashier in different cooperative banks in 1 the State of Kerala from in-service category. The dispute is as to whether an applicant from that category for the said posts, which carry starting pay beyond Rs. 250/- per month, was required to have minimum educational qualification of graduation or not. As per Rule 187 of the Kerala Co-operative Societies Rules, 1969 framed by the State Government in exercise of power conferred on it by Section 109 of the Kerala Co-operative Societies Act, 1969 (the 1969 Act) for appoint...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4850 OF2021(ARISING OUT OF SLP (CIVIL) No.33675 OF2017 The STATE OF MADHYA PRADESH & ORS. .....APPELLANT(S) VERSUS PUJARI UTTHAN AVAM KALYAN SAMITI & ANR. .....RESPONDENT(S) JUDGMENT HEMANT GUPTA, J.1. The order dated 14.06.2016 passed in an intra-court appeal by the Division Bench of the Madhya Pradesh High Court is the subject matter of challenge herein at the instance of State of Madhya Pradesh. The learned Single Bench allowed the writ petition filed by Association of Priests registered under the M.P. Society Registrikaran Adhiniyam 1973. Such society has 251 members in the Districts of Dhar, Indore, Ratlam, Shajapur, Ujjain, Jhabua etc.2. The challenge in the writ petition was to quash the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujari were ordered 1 to be deleted from the revenue record. The said writ petition was allowed on 20.11.2013 relying upon the judgments of the Hig...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/INHERENT JURISDICTION CIVIL APPEAL NO(S). 3922-3925 OF2017SOMESH THAPLIYAL & ANR. ETC. .APPELLANT(S) VERSUS VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY & ANR. .RESPONDENT(S) WITH CONTEMPT PETITION(C) NOS. 291-294 OF2021IN CIVIL APPEAL NO(S). 3922-3925 OF2017JUDGMENT Rastogi, J.1. The present batch of appeals have been filed by the teachers(Associate Professor/Assistant Professor) who were substantively appointed after going through the process of selection provided under the Uttar Pradesh State Universities Act, 1973(hereinafter being referred to as the Act 1973) between the 1 year 2004-2007 and after serving for more than 15-17 years, they are under fear as to whether their right of continuation in service could still be retained in the light of the judgment and order passed by the Division Bench of the High Court of Uttarakhand dated 19th August, 2013 which is impugned in the instant appeals.2. In order to decide the controversy...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.51175118 OF2021(Arising out of SLP(Civil) Nos. 879880/2016) The State of Kerala & Ors. .Appellant(s) Versus M/s Joseph & Company . Respondent(s) With CIVIL APPEAL NO.5120/2021 @ SLP(C) No.9661/2017 CIVIL APPEAL NO.5119/2021 @ SLP(C) No.18760/2016 JUDGMENT A.S. Bopanna,J.1. Leave granted.2. The appellantState of Kerala is assailing the order dated 10.07.2015 passed by the High Court of Kerala at Page 1 of 33 Ernakulam in W.A. No.369/2011 and W.A. No.375/2011. The said appeals had arisen out of the proceedings in Writ Petition No.1207/2005 wherein through the order dated 17.01.2011, the petition was disposed of to the extent of quashing the order declining value of usufructs (Ex.41). The order (Ex.39) by which the lease in favour of Respondent had been terminated was upheld. It is in that view, the writ petitionerM/s. Joseph & Company as also the respondent State of Kerala had filed the Writ Appeals to...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 940-941 OF2021ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NOS. 2860-2861 OF2019GUMANSINH @ LALO @ RAJU .. APPELLANT(S) BHIKHABHAI CHAUHAN & ANR. VERSUS THE STATE OF GUJARAT .. RESPONDENT(S) JUDGMENT KRISHNA MURARI, J.Leave granted.2. These appeals arise out of final order and judgment of the Honble High Court of Gujarat at Ahmedabad (hereinafter referred to as High Court) dated 28.12.2018 corrected vide order dated 08.02.2019 in R/Criminal Appeal No.833 of 2000 and final order and judgment dated 07.03.2019 in Criminal Misc. Application (for extension of time) No.1 of 2019 filed by the appellants challenging the order of conviction against them. 13. By the said judgment, the High Court has dismissed the appeal filed by the appellant herein challenging the judgment dated 27.07.2000 passed by the Learned Sessions Judge, Vadodara in Sessions Case No.92 of 1998 convicting the appellant in respect ...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.5160 of 2010 J.Chitra ... Appellant Versus District Collector and Chairman State Level Vigilance Committee, Tamil Nadu & Ors. . Respondents J U D GE M E N T L. NAGESWARA RAO, J.1. A Writ Petition was filed by the Appellant challenging the order dated 09.04.2008 passed by the Chennai District Vigilance Committee cancelling the community certificate. The Writ Petition was dismissed by the High Court of Madras by a judgment dated 22.12.2008, aggrieved by which this Appeal is filed. The Tahsildar, Mylapore-Triplicane, Chennai issued a community certificate showing the Appellant to be from Valluvan community on 28.08.1982 when she was studying in tenth class. At the time of joining service in the Office of Accountant General, the Appellant applied for a community certificate. Tahsildar, Mylapore-Triplicane, Chennai issued a community certificate on 12.07.1985 which 1 | Pa ge was submitted by the Appell...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4483 OF2010RANBIR SINGH APPELLANT(S) VERSUS EXECUTIVE ENG.P.W.D. RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1.Heard Shri Manjeet Singh, learned Senior Counsel for the appellant and also Shri Samar Vijay Singh, learned AAG for the respondent. By the impugned judgment the High Court has interfered with the award passed by the Labour Court, Hisar dated 13th October, 2006 and directed that appellant would be entitled to lump sum compensation of Rs. 25,000/- (Rupees Twenty Five Thousand Only) which was to be paid within three months of the order. The High Court notes the claim of the appellant to be that he was appointed verbally in June, 1983, and that, his service was terminated on verbal orders on 01.04.1991, after he had worked for eight years.2. The case of the appellant was that he was working 1 with the respondent for a period of nearly eight years and service was terminated without complying with Sectio...
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