Court : Supreme Court of India
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3896 OF2022(Arising out of SLP (C) No.16603 of 2021) KAUSALYA BHOI & ORS. Appellants VERSUS DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD. & ANR. Respondents ORDER1 Leave granted.2. This appeal challenges the judgment and order dated 26.11.2020 passed by the High Court of Orissa at Cuttack in MACA No.450 of 2017.3. In respect of an accident which occurred on 12.12.2014, one Laxman Bhoi who was going on a cycle, was hit by a motorcycle going at a high speed and lost his life. First Information Report was thereafter filed in respect of the offences punishable under Sections 279, 337, 338 of the Indian Penal Code, 1860.4. In the claim petition filed by the daughter and two sons of the deceased seeking compensation for the accident resulting in loss of life, the 7th Motor Accident Claims Tribunal, Bhubaneshwar in MAC Case No.72 of 2015 assessed the compensation amount payable to the claimants at Rs.24,07,741/- to...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3892 OF2022[Arising out of SLP(Civil) No.6546 of 2017]. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY & ORS. APPELLANT(S) VERSUS SEEMA SHARMA RESPONDENT(S) JUDGMENT Indira Banerjee, J.Leave granted. This appeal is against a judgment and order dated 10.08.2016 passed by the Division Bench of the High Court of Madhya Pradesh (Indore Bench) dismissing Writ Appeal No.301/2016 and upholding the order dated 09.02.2016 passed by the Single Bench allowing Writ Petition No.14027/2010 filed by the respondent and directing the Appellants to grant the Respondent-Writ Petitioner the benefit of the University Grants Commission scale of pay from the date of her initial appointment.2. By an order No./EXT/91 Order No.480 dated 27.03.1991, the Respondent was appointed to the post of Librarian-cum-Museum Assistant, Government Dhanvantri Ayurvedic College, Ujjain, in the pay scale of Rs. 950-25-1000-30-1210-40-1530...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5443 OF2019PTC INDIA FINANCIAL SERVICES LIMITED ..... APPELLANT VERSUS VENKATESWARLU KARI AND ANOTHER ..... RESPONDENTS JUDGMENT SANJIV KHANNA, J.The primary legal issue which arises for consideration in this appeal is whether the Depositories Act, 1996 read with the Regulation 58 of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 19961 has the legal effect of overwriting the provisions relating to the contracts of pledge under the Indian Contract Act, 18722 and the common law as applicable in India. To facilitate analysis, this judgment has been divided into sections as follows:1. For short, 1996 Regulations. 2 For short, Contract Act. Civil Appeal No.5443 of 2019 Page 1 of 86 A. Factual background of the case B. Relevant provisions of the Contract Act C. Analysis of case laws under the Contract Act: (i) What is pledge and the legal difference between ownership...
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REPORTABLE IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION CONTEMPT PETITION(CIVIL) NO.940/2021 IN MISCELLANEOUS APPLICATION NO.1668/2021 IN SPECIAL LEAVE PETITION(CIVIL) NO.14724/2021 Urban Infrastructure Real Estate Fund Petitioner Versus Dharmesh S. Jain and Another Respondents/ Contemnors ORDER M.R. SHAH, J.1. Vide detailed judgment and order dated 10.03.2022 passed in the aforesaid Contempt Petition, this Court held the respondents guilty, more particularly, respondent No.1 herein Dharmesh S. Jain, for the contempt of this Court for wilful disobedience of the order dated 28.10.2021 passed by this Court in Miscellaneous Application No.1668 of 2021 in Special Leave Petition (Civil) No.14724/2021, as also, for wilful disobedience of the order passed by the High Court dated 08.08.2019 in Notice of Motion No.960 of 2019 in Commercial Arbitration Petition No.55 of 2019 and the respondents herein rendered 1 themselves liable for suitable punishment under the provisions of the Contem...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.511 OF2022PRABHA TYAGI .APPELLANT(S) VS. KAMLESH DEVI .RESPONDENT(S) JUDGMENT NAGARATHNA J.The aggrieved person, being the appellant herein, who had filed Miscellaneous Case No.78 of 2007 on the file of the Court of Special Judicial Magistrate- I, Dehradun, has assailed judgment dated 23rd July, 2019 passed by the High Court of Uttarakhand at Nainital, in Criminal Revision No.186 of 2014, by which the judgment dated 11th July, 2014 passed by the Vth Additional Sessions Judge, Dehradun, in Criminal Appeal No.53 of 2011 setting aside the order passed by the Special Judicial Magistrate-I, was sustained. 22. For the sake of convenience, the parties herein shall be referred to in terms of their rank and status before the Trial Court. Factual Background:3. According to the aggrieved person, her marriage with Kuldeep Tyagi (since deceased) son of late Vishnudutt Tyagi was solemnized on 18th June, 200...
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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.3887-3888 OF2022(Arising out of SLP (C) Nos.4255-4256 of 2018) DR. JACOB K. DANIEL Appellant VERSUS MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS & ANR. Respondents ORDER1 These appeals challenge the judgment and order dated 20.11.2015 passed in Writ Appeal No.339 of 2015; and order dated 20.09.2017 passed in Review Petition No.3 of 2016 arising out of the disposal of Writ Appeal No.339 of 2015, by the High Court of Kerala at Ernakulam.2. The Special Leave Petitions from which the instant appeals arise were initially listed with batch of petitions [i.e. SLP (C) Nos.4251-4252 of 2018]. filed by the teaching staff of Mahatma Gandhi University questioning the judgment and orders which are presently under challenge.3. The appeals filed by other members of the teaching staff were allowed and the judgment and orders under appeal were set-aside and the order dated 08.01.2014 passed by the Single Judge was restored....
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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3886 OF2022(Arising out of SLP (C) No.24683 of 2018) NAMAN VERMA Appellant VERSUS THE DIRECTOR, THE INDIAN INSTITUTE OF TECHNOLOGY BOMBAY & ORS. Respondents ORDER1 This appeal challenges the judgment and order dated 17.04.2018 passed by the High Court of Judicature at Bombay in Writ Petition No.6818 of 2013.2. Claiming to be suffering from learning disabilities known as Dyscalculia, the appellant preferred the aforestated writ petition praying for following principal relief: (a)this Honble Court may please issue a writ of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the Respondent to take the petitioner into course of Master Design in 2013 batch.3. Under the interim orders passed by the High Court, her candidature was directed to be considered and the appellant was admitted to the course of Master in Design. 24. With the passage of time, th...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3116 OF2022State of Rajasthan & Ors. ..Appellants Versus Chetan Jeff ..Respondent JUDGMENT M. R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.03.2020 passed by the High Court of Judicature for Rajasthan at Jaipur Bench in D.B. Special Appeal Writ No.1479 of 2018 by which the High Court has dismissed the said appeal preferred by the State of Rajasthan and has confirmed the judgment and order passed by the learned Single Judge directing the State to consider the case of the respondent herein original writ petitioner for 1 appointment to the post of Constable (General), the State has preferred the present appeal.2. The facts leading to the present case in a nutshell are as under:2. 1 Applications were invited by the Director General of Police Rajasthan, Jaipur vide Letter dated 07.04.2008, for recruitment to 4684 vacant posts of Constable (General), Constab...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1973 OF2022M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT, PACHAMA, DISTRICT SEHORE AND OTHERS ..... A P PELLANTS VERSUS M/S. MODI TRANSPORT SERVICE ..... R ESPONDENT JUDGMENT SANJIV KHANNA, J.The legal issue arising in the present appeal is whether the parties had agreed that the subject matter of the suit or a part thereof should be referred to arbitration under Section 21 of the Arbitration Act, 1940.12. On 03rd September 1993, the respondent before us - M/s. Modi Transport Service,2 a partnership firm, had filed a civil suit in the Court of the District Judge, Sehore Camp, Astha, Madhya Pradesh, 1 We are examining the provisions of the Arbitration Act, 1940 and consequently, the observations and the findings recorded should not be without proper appreciation of the principles applied to the proceedings under the Arbitration and Conciliation Act, 1996. 2 The plaintiff, for short. Civil Appeal No...
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IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION REVIEW PETITION (CIVIL)NO.583 OF2022IN SPECIAL LEAVE PETITION (CIVIL)NO.5210 OF2018SAVITA AMBADAS KULKARNI Petitioner Versus STATE OF MAHARASHTRA AND ORS. Respondents ORDER Application for oral hearing is rejected. The Special Leave Petition was rejected after hearing learned counsel for the parties. The grounds raised in the Review Petition do not make out any error apparent on record to justify interference. This Review Petition is, therefore, dismissed. .J.[Uday Umesh Lalit]. .J.[S. Ravindra Bhat]. .J.[Pamidighantam Sri Narasimha]. New Delhi; 10th May, 2022....
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