Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.85988599 OF2022(Arising out of Special Leave Petition (C) Nos.1173011731 of 2021) T. J.PARAMESHWARAPPA @ PARAMESHWARAPPA @ J.T. PARAMESHWARAPPA @ TALALKENA GOWDRA PARAMESHWARAPPA .....APPELLANT VERSUS THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD. & ORS. ..RESPONDENT(S) JUDGMENT NAGARATHNA J.Leave granted.2. These appeals assail the correctness of the judgment and award passed by the High Court of Karnataka at Bengaluru in M.F.A. No.48 of 2017 connected with M.F.A. No.7972 of 2016 (MV) dated 1 16.10.2020. M.F.A. No.48 of 2017 was filed by the insurer New India Assurance Co. Ltd., while M.F.A. No.7972 of 2016 (MV) was filed by the insured claimant, both being aggrieved by the judgment and award dated 16.09.2016 passed by the Ist Addl. Senior Civil Judge & IVth MACT at Chitradurga in MVC No.1091 of 2015. By the said judgment and award, the Motor Accidents Claims Tribunal (hereinafter referred to as ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8571__/2022 ARISING OUT OF SLP (C) No.907 OF2020THE STATE OF MADHYA PRADESH ....APPELLANT(S) VERSUS M/S SEW CONSTRUCTION LIMITED & ORS. RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.1. Leave granted.2. This appeal is against the decision of the High Court of Madhya Pradesh in an Arbitration Revision No.4 of 2009 under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 19831 whereby the award of the Arbitral Tribunal was upheld.3. The short facts leading to the Arbitral Award and thereafter the decision of the High Court may be stated as under.4. The State issued a tender notice2 for the construction of a Masonry Dam and eventually, Respondent No.1 (hereinafter referred to as the Contractor) 1 hereinafter referred to as The Adhiniyam. 2 Tender Notice No.1/1992-1993. Page 1 of 12 was selected as the successful bidder. A contract was entered into on 06.11.1993 for a total considera...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 85728573/2022 ARISING OUT OF SLP (C) NOS. 1600916010 OF2019FOOD CORPORATION OF INDIA & ORS. ....APPELLANT(S) VERSUS ABHIJIT PAUL RESPONDENT(S) WITH CIVIL APPEAL NOS.85748579/2022 ARISING OUT OF SLP (C) NOS. 1606316068 OF2019WITH CIVIL APPEAL NOS.85808581/2022 ARISING OUT OF SLP (C) NOS. 40454046 OF2021JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.1. Leave granted.2. Food Corporation of India1, the Appellant herein, procures and distributes foodgrains across the length and breadth of the country as a part of its statutory duties. In the process, it enters into many contracts with transport contractors. In one such contract, the 1 hereinafter referred to as Corporation. Page 1 of 24 subject matter of present appeals, the Corporation empowered itself (under clause XII (a)) to recover damages, losses, charges, costs and other expenses suffered due to the contractors negligence from the sums payable to them. T...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8260 OF2022M/s Polyflex (India) Pvt. Ltd. Appellant Versus The Commissioner of Income Tax & Another Respondents JUDGMENT M.R. SHAH, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.02.2014 passed by the High Court of Karnataka at Bengaluru in Income Tax Appeal No.623/2007, by which the High Court has allowed the said appeal preferred by the Revenue, the assessee has preferred the present appeal.2. The facts leading to the present appeal in nutshell are as under:1. That the appellant assessee is having a manufacturing unit at Pune in which the appellant assessee is manufacturing polyurethane foam, which is ultimately used as automobile seat. The assessee filed its return of income for the assessment year 2003-04 and claimed deduction under Section 80-IB of the Income Tax Act (for short, IT Act). The assessing officer disallowed the deduction under Section 80-IB of...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1999 OF2022(arising out of Special Leave Petition (Crl.) No.1697 of 2020) PAWAN KUMAR GOEL APPELLANT (S) VERSUS STATE OF U.P. & ANOTHER RESPONDENT(S) WITH CRIMINAL APPEAL No.2000 OF2022(arising out of Special Leave Petition (Crl.) No.3566 of 2020) WITH CRIMINAL APPEAL No.2001 OF2022(arising out of Special Leave Petition (Crl.) No.3563 of 2020) WITH CRIMINAL APPEAL No.2002 OF2022(arising out of Special Leave Petition (Crl.) No.3567 of 2020) WITH CRIMINAL APPEAL No.2003 OF2022(arising out of Special Leave Petition (Crl.) No.4471 of 2020) JUDGEMENT KRISHNA MURARI, J.Leave granted. 12. The present appeals are directed against the final judgment and order dated 19.11.2019 passed by the High Court of Judicature at Allahabad (hereinafter referred to as High Court) in four Criminal Miscellaneous Writ Petitions filed by the Respondents seeking quashing of the summoning order dated 18.03.2013 passed by ...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.8331 8345 OF2022NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Appellant Versus RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR & ANR. Respondents JUDGMENT M.R. SHAH, J.1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 18.12.2018 passed by the High Court of Judicature at Allahabad in respective First Appeals No.657 of 2017 and other allied First Appeals by which after condoning the delay of 22 years in preferring the respective first appeals, the High Court has enhanced the amount of compensation for the lands acquired to Rs.149 per 1 sq.yard, the New Okhla Industrial Development Authority (NOIDA) has preferred the present appeals.2. Learned counsel appearing on behalf of the appellant (NOIDA) has vehemently submitted that there was a huge delay of 22 years in preferring the appeals by the land owners, which ought not to have been condoned by the High Co...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7128 OF2022Mrs. Leelamma Mathew Appellant Versus M/s Indian Overseas Bank & Ors. Respondents JUDGMENT M.R. SHAH, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Kerala at Ernakulam in RFA No.379 of 2014 by which the High Court has allowed the said appeal preferred by respondent no.1 herein Bank and has quashed and set aside the judgment and decree passed by the learned Trial Court dated 31.01.2014 1 in OS No.630 of 2012 directing the Bank to pay to the plaintiff a sum of Rs.58,10,000/ with interest at the rate of 12% per annum from the date of suit till realization, the original plaintiff has preferred the present appeal.2. That the defendant Bank secured the property in Survey No.48/1 in Tirur Taluk, Tanur Village in exercise of powers under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securit...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1981 OF2022Amy Mehta ..Appellant(S) Versus State of Karnataka & Anr. ..Respondent(S) JUDGMENT M. R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.06.2022 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No.3492/2022, by which, the High Court has released respondent No.2 herein on bail in connection with an FIR/Crime No.8/2022 registered with Laxmipura Police Station, Mysuru City for the offences punishable under Sections 376, 354, 328 and 120B of IPC, the original informant/complainant/prosecutrix/victim has preferred the present appeal. 12. We have heard Ms. Jayna Kothari, learned Senior Advocate appearing on behalf of the appellant, Shri Shubhranshu Padhi, learned counsel appearing on behalf of the State and Dr. Aditya Sondhi, learned Senior Advocate appearing on behalf of respondent No.2 accused. We have gone through and...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.1087 OF2022(ARISING FROM W.P.(CIVIL) DIARY NO.25218 OF2022 NANDINI SHARMA & ANR. PETITIONER(S) VERSUS REGISTRAR SUPREME COURT OF INDIA & ORS. RESPONDENT(S) JUDGMENT K. M. JOSEPH, J.1. The delay of 11 days in refiling the writ petition stands condoned.2. Application for permission to appear and argue in person is allowed.3. The petitioner who has filed the writ petition under Article 32 of the Constitution of India lays a challenge to the Rule mentioned in the prayers which inter alia read as under:- A. To declare as void the impugned Rule 1 (b) & Rule 5 & Rule 7 (c) of Order IV, the Supreme Court Rules, 2013, for being unreasonable, discriminatory, oppressive and in contravention of Article 14 & Article 19 (1) (g) of the Constitution of India. 24. Under the said Rule which is made under Article 145 of the Constitution of India, the right has been conferred exclusively on a category of Advoca...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8510 OF2022(arising out of S.L.P. (Civil) No.19277 of 2018) SIDRAM .APPELLANT Versus THE DIVISIONAL MANAGER, .RESPONDENTS UNITED INDIA INSURANCE CO. LTD. AND ANR. JUDGMENT J.B. PARDIWALA, J.1. Leave granted.2. This appeal has been filed against the impugned final judgment and order dated 25th of April, 2018 passed by the High Court of Karnataka (Dharwad Bench) in Shri Sidram S/o Raju Bhosale v. Shri Siddu Mahadev Bhosale & Anr. urging various legal grounds and contentions for further enhancement of compensation in the case of a motor accident involving the appellant-claimant herein whereby the High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal, Belgaum (for short, Tribunal) by Rs. 3,13,800/- to a total of Rs. 9,26,800/-. The Tribunal had awarded compensation of Rs. 6,13,000/- under the various heads along with interest at the rate of 6% 1 per annum from the date of fil...
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