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ivil Appeal Nos.
3159 3170 of 1988.
From the Judgment and Order dated 30.12.1985 of the Andhra Pradesh High Court in Appeal No. 2578 to 2583 of 1985.
K. Rajendra Chowdhary and A. Subba Rao for the Appellants.
P.A. Choudhary, T.V.S.N. Chari, Mrs. Sunita Rao, Badrinath and K. Ram Kumar for the Respondent.
The Judgment of... | The appellants were awarded by the Land Acquisition Officer compensation ranging from Rs.1,320 to 4,000 per acre depending upon the nature of the land acquired in 1977.
The District Judge enhanced the compensation to Rs.85,000 per acre on the ground that compensation @ Rs.85,000 per acre under Award exhibit A.4 and Rs.... |
Appeal No. 119 of 1955.
Appeal from the judgment and order dated June 16, 1953, of the Punjab High Court in Civil Reference No. 1 of 1953.
A. V. Viswanatha Sastri and Naunit Lal, for the appellant.
H. N. Sanyal, Additional Solicitor General of India, R. Gopalakrishnan, R. H. Dhebar and D. Gupta, for the respondent.
Nov... | The appellant, a distiller of country liquor, carried on the business of selling liquor to licensed wholesalers.
Due to shortage of bottles during the war a scheme was evolved, where under the distiller could charge a wholesaler a price for the bottles in which liquor was supplied at rates fixed by the Government, whic... |
WP No. 24842 of 2022
WP No. 24842 of 2022
The Petitioner – wife is knocking at the doors of Writ
Court for assailing the order dated 25.11.2022 wher eby
the learned I Additional Principal Judge, Family Co urt at
Bengaluru in O.S.No.137/2017 having dismissed her
application in I.A. No.9 (Annexure-A), has refused to club... | The Karnataka High Court recently observed that courts enjoy great discretion when it comes to clubbing or transfer of matters pending before it but such a discretion cannot be exercised like a 'Mughal Emperor' [Reet Abraham vs Sunil Abraham].
Single-judge Justice Krishna S Dixit said that when parties to the case are ... |
Civil Appeal No.951 of 1977.
From the Judgment and Order dated 29.7.1976 of the Madras High Court in S.A. No.89 of 1972.
A.T.M. Sampath and P.N.Ramalingam for the Appellant.
S.Balakrishnan and S.Prasad for the Respondent.
The Judgment of the Court was delivered by THOMMEN, J.
The appellant is the defendant in a suit in... | The appellant purchased the suit property of the minor from a person, to whom the same was sold by the father, the natural guardian, whereas the respondent purchased the suit property from the minor within three years on his attaining majority.
The respondent plaintiff instituted a suit against the appellant defendant,... |
Appeal No. 3850 of 1991.
From the Judgment and Order dated 21.4.1978 of the Andhra Pradesh High Court in Civil Revision Petition No. 3974 of 1977.
A. Subba Rao, G. Narasimhulu and A.D.N. Rao for the Appel lants.
T.V.S.N. Chari and Ms. Manjula Gupta for the Respondent.
The Judgment of the Court was delivered by KANIA, J... | The appellants, who belonged to the Reddi caste in an area of Andhra Pradesh, which originally formed part of the Madras Presidency filed their respective declarations under Section 8 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973.
Appellant No. 2 in his declaration claimed an increase ... |
Appeal No. 1345 of 1986.
From the Judgment and Order dated 29.8.1984 of the Madhya Pradesh High Court in Misc.
Petition No.613 of 1983.
Avadh Behari Rohtagi.
S.K. Gambhir, Vivek Gambhir and K.K. Mohan for the Appellants.
U.R. Lalit, S.S. Khanduja, Y.P. Dhingra, B.K Satija and Surinder Karnai for the Respondents.
The Ju... | The land in question was granted by the Ruler of erst while State of Ratlam in favour of ancestors of respondents (Pitaliyas) for installation of a ginning factory.
Ancestors of appellants (Jhalanis) entered into a partnership with Pitaliyas and started a ginning factory on a portion of the said land.
In the revenue re... |
(Civil) No. 1345 of 1989.
(Under Article 32 of the Constitution of India).
431 WITH WRIT PETITION (Civil) 1110/89, 869/90, 740/90, 1100/90, 194/91, 195/91, 265/90, 327/91, 337/91, 334/91, 333/91, 330/91, 329/91, 322/91, 432/91, 420/91, 431/91, 573/91, 181/91, 316/91, 381/91, 390/91, 238/91, 686/91, 687/91 & 167/91) R.K... | These Writ Petitions filed before this Court challenged the liberalisation for private sector operations in the Road Transport field, under the .
The petitioners were the existing operators on different routes.
On behalf of the petitioners, it was contended that the issue of more permits on the same route adversely aff... |
ivil Appeal Nos.
10574 10583 of 1983.
From the Judgment and Order dated 7.7.1980 of the Alla habad High Court in I.T.R. No. 948 of 1975.
V.Gourishanker, B.V. Desai, S.K. Aggarwal and Ms. Vinita Gharpade for the Appellants.
S.C. Manchanda, B.B.Ahuja, Manoj Arora and Ms. A. Subha shini (N.P.) for the Respondent.
The Judg... | The then Satguru of the appellant Creed was assessed for the assessment years 1937 38, 1938 39 for the first time.
He was a retired Govt.
servant.
His pension as well as the income from the institution were assessed together.
On appeal, the Assistant Commissioner of Income tax confirmed the assessments made by the Inco... |
Appeal No. 131 of 1993.
From the Judgment and Order dated 17.12.1991 of the Himachal Pradesh High Court in Civil Revision No. 210 of 1990.
P.P. Rao and Ashok K. Mahajan for the Appellants.
D.D. Thakur, N.N. Bhat, E.C. Agrawala, A.V. Palli and Ms. Purnima Bhat for the Respondent.
The Judgment of the Court was delivered ... | The respondent was a tenant at the rate of Rs. 183.33 per month In the suit premises.
The respondent was in arrears of rent with effect from 13.1980 to 28.2.1983.
On 7th March, 1983, predecessor in interest of appellant No.2 and appellant No.1, flied an application for eviction of the respondent on the ground of non pa... |
minal Appeal No. 210 of 1963.
Appeal by special leave from the judgment and order dated July 27, 1963, of the Madhya Pradesh High Court (Gwalior Bench) in Criminal Appeal No. 83 of 1963 and Criminal Reference No. 4 of 1963.
K. K. Luthra, for the appellant.
I. N. Shroff, for the respondent.
January 24, 1964.
RAGHUBAR DA... | On the first information report lodged by the appellant, the corpse of his step son was recovered.
The police arrested three other persons indicated to be the culprits, but as a result of the investigation, the appellant (1) A.I.R. 1961 Orissa, 131.
313 was sent up for trial for the murder and sentenced to death.
The H... |
Appeal No. 5897 of 1983.
From the Judgment and Order dated 25.7.1979 of the Madras High Court in Tax Case No. 54/76 (Reference No. 35/76.) T.A. Ramachandran and Janki Ramachandran for the Appellant.
J. Ramamurthy, P. Parmeswaran (NP), Ranbir Chandra (NP), T.V. Ratnam and Ms. A. Subhashini (NP) for the Respondent.
The J... | The appellant assessee a manufacturers of radiators for automobiles booked copper ingots from a corporation In the United States of America for being brought to Bombay where it was to be rolled Into strips and sheets and then despatched to the assessee for being used for manufacture.
While the ingots were at sea, hosti... |
Appeals Nos. 182 186 of 1963.
Appeals by special leave from the judgment and order dated January 1961 of the Gujarat High Court in Second Appeals Nos. 105, 106, 107, 112 and 193 of 1960.
C. K. Daphtary, Attorney General, R. Ganapathy Iyer, R. K. P. Shankardass and R. H. Dhebar, for the appellant (in all the appeals).
P... | The Ruler of the State of Sant had issued a Tharao dated 12th March 1948, granting full right and authority to the jagirdars over the forests in their respective villages.
Pursuant to the agreement dated March 19, 1948, the State of Sant merged with the Dominion of India.
On October 1, 1948, Shree V. P. Menon, Secretar... |
ivil Appeal No. 756 of 1988.
From the Judgment and Order dated 21.7.1987 of the High Court of Allahabad in F.A.F.O. No. 106 of 1984.
F.S. Nariman, M.L. Verma, Jeet Mahajan and Ranjit Kumar for the Appellats.
B. Sen, Gopal Subramanium and Mrs. Shobha Dikshit for the Respondent.
The Judgment of the Court was delivered by... | On taking over the Agra Electric Supply Co. in December 1973, the respondent U.P. State Electricity Board intimated to the appellant U.P. Hotels that the Bulk Supply Agreement between the appellant and the Agra Electric Supply Co. would continue to be in force until such time the agreement was determined in accordance ... |
ial Leave Petition (C) Nos.
4304 06 of 1993.
From the Judgment and Order dated 18.12.1992 of the Calcutta High Court in Appeal from Original Order Nos.
and 106 of 1991.
Panchugopal Bose in person for the Petitioner.
D.P. Gupta, Solicitor General, A.K Sil and G. joshi for the Respondent.
The Judgment of Court was delive... | On May 27, 1978, the petitioner entered into an arbitration agreement under which he had to execute a certain work within 9 months.
He averred that he had sent his bills on July 12, 1979, but payment was not made.
On November 28, 1989, for the first time he sent a notice to the respondent for reference to arbitration.
... |
Civil Appeal No. 258 of 1958.
Appeal by special leave from the Award dated August 17, 1957, of the Industrial Tribunal, Bombay, in Reference (IT) No. 15 of 1957.
I.M. Nanavati, section N. Andley, J.B. Dadachanji and Rameshwar Nath, for the appellant.
907 B.K.B. Naidu and I. N. Shroff for respondent No. 1.
I. N. Shroff ... | The Industrial Tribunal, in the process of ascertaining the available surplus, disallowed a claim of the appellant employer for interest on a certain sum of money standing in the depreciation fund and alleged to have been used as working capital.
If this claim was allowed and the amount claimed deducted as a prior char... |
Appeal No. 24 of 1956.
Appeal by special leave from the judgment and order dated March 31, 1954, of the former Madhya Bharat High Court in Civil Revision No. 183 of 1952.
I. M. Lal and A. G. Ratnaparkhi, for the appellant.
Rameshwar Nath and section N. Andley, for the respondent.
September 12.
The Judgment of the Court... | The appellant, after due notice to the respondent, had filed a suit for fixation of rent under the provisions of the Accommodation Control Ordinance Madhya Bharat.
In the meantime the Accommodation Control Act (M. P. 15 of 1950) came into force and the plaint filed by the appellant was returned.
The appellant without s... |
Appeal No. 287 of 1958.
Appeal from the Judgment and Order dated the 10th September, 1956, of the former Travancore Cochin in Original Petition No. 191 of 1955.
Sardar Bahadur, for the Appellants.
K. P. Abraham, P. George, and M.R. Krishna Pillai, for the Respondent. 1960.
October 31.
The Judgment of the Court was deli... | The respondent stocked 'bunker coal ' at Candle Island in the State of Madras.
They sold the coal to steamers calling at the port of Cochin in the State of Travancore Cochin and delivered it there.
The respondent was assessed to sales tax on such sales for the year 1951 52 and 1952 53.
, The respondent contended that n... |
Appeals Nos. 601 and 602 of 1963.
Appeals from the judgment and decree dated December 9, 1958, of the Allahabad High Court in First Appeals Nos.
373 of 1945 and 92 of 1946.
582 Civil Appeal No. 603 of 1963.
Appeal by special leave from the judgment and decree dated December 9, 1958 of the Allahabad High Court in First ... | There was a fire at a railway station in which certain goods& were destroyed.
Two suits were filed claiming damage for loss of goods by 'the said fire.
The first suit was filed by a factory which claimed to be owner of the goods as consignor.
The other suit was filed by a consignee in whose favour the relevant document... |
Appeals Nos. 1008 and 1009 of 1965.
Appeals by special leave from the orders dated April 1, 1965 of the Central Government Labour Court, Jullundur, in cases Nos. 409 of 1963 respectively.
C. K. Daphtary, Attorney General, section V. Gupte, Solicitor General, Niren De, Addl.
Solicitor General, K. B. Mehta, V. Sagar, H. ... | The respondent employees made applications under section 33C(2) of the Industrial Disputes Act for determination and computation of the benefit to which they were entitled under the National Industrial Tribunal (Bank Disputes) Award (Desai Award) as they were not satisfied with the fixation of their pay by the appellan... |
Appeal No. 804 of 1963.
Appeal by special leave from the judgment and decree, dated January 3, 1961 of the Orissa High Court in Appeal under Orissa High Court Order No. 3 of 1959.
25 K. R. Chaudhuri, for the appellant.
C. B. Aggarwala, B. Parthasarathy, J. B. Dadachanji, O.C. Mathur, and Ravinder Narain, for respondent... | A money suit against the appellant was dismissed by the trial court but the first appellate court passed an ex parte decree against him.
The appellant 's property was sold in execution and purchased by the decreeholder.
The appellant went to the High Court which set aside the exparte decree and remanded the suit.
The a... |
Civil Appeal No. 767 of Appeal by special leave from the judgment and order dated August 14, 1961 of the Rajasthan High Court in D.P. Civil Misc.
Application No. 128 of 1960.
Gopi Nath Kunzru, W.S. Barlingay and Ganpat Rai, for the appellant.
C.B Agarwala, K.K. Jain, H.K. Puri and Uma Mehta, for respondents Nos. 3, 4, ... | Four persons obtained.
the consent of the Advocate General of Rajasthan to institute a suit against the respondents under section 92 of the Code o,f Civil Procedure.
Shortly thereafter one of the said four persons died and the suit was instituted by the three survivors.
On the preliminary issue whether the suit filed b... |
Appeal No. 157 of 1967.
Appeal from the judgment and decree dated January 7, 1960 of the Patna High Court in Misc.
Judicial Case No. 693 of 1958.
C. K. Daphtary, Attorney General, D. P. Singh, R. K. Garg, section C. Agarawala, K. M. K. Nair and section P. Singh, for the appellants.
Sarjoo Prasad and D. Goburdhun, for t... | The respondent was the proprietor of certain estates in Bihar.
He was also in receipt of a permanent malikana allowance from the Government.
After the passing of the Bihar Land Reforms Act 1950 followed by a notification under section 3 thereof the estates of the respondent vested in the State of Bihar.
In 1958 the Sta... |
Appeal No. 1801 of 1967.
Appeal under section 116 A of the Representation of the People Act, 1951 from the judgment and order dated October 10, 1967 of the Rajasthan High Court in Election Petition No. 13 of 1967.
R.M. Hazarnavis and B.R.Agarwala, for the appellant.
S.V. Gupte, Sardar Bahadur Saharya, Vishnu Bahadur Sa... | Seven candidates were duly nominated for election from a Parliamentary constituency, but two of the candidates withdrew.
The first respondent, who was one of the remaining five contesting candidates, was declared elected.
His election was challenged on various grounds by the appellant who was an elector.
To the petitio... |
ivil Appeal Nos. 410 and 520(N) of 1973.
From the Judgment and Decree dated 21/22/23.11.1972 of the Gujarat High Court in First Appeal Nos. 454 and 455 of 1970.
B.K. Mehta, D.N. Misra, J.B. Dadachanji & Co. and N.J. Modi, for the Appellants.
236 S.K. Dholakia, P.H. Parekh, J.H. Parekh, Ms. Sunita Sharma, Krishan Kumar,... | Respondent No. 1 in the appeals instituted a suit for partition against his younger brothers and sisters, and the heirs of his deceased brothers.
The plaintiff was the eldest among the brothers and sisters.
The 1st and 2nd Defendants were his brothers, the 3rd Defendant his sister, the 4th and 5th Defendants, the widow... |
Appeals Nos.
2464 and 2465 of 1966.
Appeal from the judgment and order dated April 8, 1964 of the Punjab High Court, Circuit Bench at Delhi in Letters Patent Appeal No. 75 D of 1962.
M.C. Chagla and Lily Thomas, for the appellants (in C.A. No. 2464 of 1966) and the respondents (in C.A. Nos. 2465 of 1966).
A.K. Sen and ... | The tenants occupying the ground floor of a building set up a workshop therein.
According to the landlord 's son M, who resided in the first floor, the workshop was a nuisance and caused him great annoyance.
M and tenants agreed to refer the dispute to arbitration.
The landlord was not a party to the agreement.
The awa... |
ivil Appeals Nos. 281, 284, 363, 383 to 393 and 513 to 567 of 1969.
Appeals from the judgment and order dated December 6, 1968 of the Madras High Court in Writ Petitions Nos.
1659 of 1968.
M.S. Sethu and A.V.V. Nair, for the appellant (in C.As.
281 and 363 of 1969).
M.S. Sethu and P. Parameshwara Rao, for the appellant... | As a result of a notification dated December 30, 1967 under section 59(1) of the Madras General Sales Tax Act and later by Act 2 of 1968 sales of jaggery became liable to tax.
But while by notification under section 17 'palm jaggery was exempted from tax 'cane jaggery ' was not.
The appellants who were dealers in 'cane... |
: Criminal Appeal No. 208 of 1966.
Appeal by special leave from the judgment and order dated February 22, 1966 of the Patna High Court in Criminal Appeal No. 530 of 1962 and Government Appeal No. 44 of 1962.
A. S.R. Chari, M.K. Ramamurthi, G. Ramamurthy and Vineet Kumar, for the appellant.
B.P. Jha, for the respondent.... | The appellant was tried for an offence under section 302 I.P.C. as well as for other offences in connection with an incident in which two persons were killed and several injured.
The allegation against the appellant was that he caused the death of one K by shooting him with a gun in the course of the alleged incident.
... |
iminal Appeals Nos.
60 and 63 of 1965.
Appeals from the judgment and order dated November 20, 1963 of the Gujarat High Court in Criminal Appeals Nos. 957 and 796 of 1963 respectively.
Urmila Kapur and section P. Nayar, for the appellant.
The respondent did not appear.
The Judgment of the Court was delivered by Dua, J.
... | The respondents were tried jointly and acquitted by a common judgment.
State of Gujarat filed a Joint appeal against their acquittal in.
the High Court.
Rule 6 of the Bombay High Court Appellate Side Rules, 1960 (which were applicable to the proceedings in the Gujarat High Court) provided for joint appeals by persons a... |
No. 528, of 1959.
Appeal from the judgment and order dated September 20, 1957, of the former Bombay High Court in I.T.R. No. 15 of 1957.
Hardayal Hardy and D. Gupta, for the appellant.
R. J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the respondent.
635 1960.
November 24.
The Judgme... | A consent decree was passed against the assessee awarding maintenance to his wife and children.
The decree did not create any charge upon the income of the assessee.
The assessee claimed in the assessment of income tax deduction of the amount paid under the decree from his total income.
Held, that the assessee was not ... |
Appeals Nos.
1991 1992, 2010 and 2011 of 1968.
Appeals from the judgment and order dated October 9, 1967 of the Gujarat High Court in Wealth Tax Reference No. 3 of 1964.
B. Sen, section K. Aiyar and B. D. Sharma, for the appellant (in C. A. Nos. 1991 and 1992 of 1968) and the respondent (in C. As.
2010 and 2011 of 1968... | The assessee was an individual.
She was entitled for her life, to an aliquot share of the income arising from the funds settled on trust by three trust deeds and 'received payments of such share.
She also possessed jewellery, intended for her personal use, of the value of Rs. 80,000.
On the questions : (1) whether the ... |
Appeals Nos. 2380 and 2381 of 1966.
Appeals from the judgment and order dated January 7, 1966 of the Calcutta, High Court in Income tax References Nos. 7 and 176 of 1961.
section Mitra, section K. Aiyar, R, N. Sachthey and B. D. Sharma, for the appellant (in both the appeals).
A. K. Sen, O. P. Khaitan and B. P. Maheshw... | The assessee was a Private Limited Company.
It carried on the business of banking and financing as also of managing agency.
Starch Products Ltd., was one of various companies which was being managed by the assessee.
Starch Products had appointed the U.P. Sales Corporation Ltd., as its selling agent.
The assessee claime... |
ivil Appeal No. 2588 of 1966.
Appeal from the judgment and decree dated January 14, 1964 of the Patna High Court in First Appeal No. 572 of 1958.
D. Goburdhun and R. Goburdhun, for the appellants.
A. N. Sinha and P. K. Mukherjee, for respondent No. 1.
640 The Judgment of the Court was delivered by Mitter, J.
The only q... | In a suit for partition of bakash land a preliminary decree was passed.
The defendants appellants, claiming to be in actual possession of the bakasht land, filed a petition contending that the consequence of section 6.
of the Bihar Land Reforms Act, 1950 (which came into force in the meanwhile) was to put an end to the... |
Appeals Nos.
1384 and 1584 of 1970.
Appeals under Section 116 A of the Representation of the People Act, 1951 from the Judgment and Order dated May.22, 1970 of the Patna High Court in Election Petition No. 2 of 1969.
J. P. Govat, Subhagmal Jain, section P. Mukherjee, Pranab Chatterjee and G. P. Roy, for the appellant (... | During the mid term election held in 1969 in Bihar the respondent and 11 others contested from the Arrah Assembly Constituency.
The appellant was declared elected as having obtained the highest number of votes.
His nearest rival was the respondent. ' The respondent filed an election petition challenging the election of... |
minal Appeal No. 138 of 1968.
Appeal by special leave from the judgment and order dated the June 10, 1968, of the Bombay High Court in Criminal Appeal No. 667 of 1967.
V. section Desai, P. section Nadkarni and Vineet Kumar, for the appellants.
section K. Dholakia and B. D. Sharma, for the respondent.
The Judgment of th... | The High Court set aside an order of acquittal of the appellants on various charges and convicted them.
One of the items of evidence on which the High Court relied was the first information report.
Though it was not proved through its maker when be gave evidence in the trial court.
the High Court held it to be admissib... |
ivil Appeal No. 2548 of 1983 From the Judgment and Order dated 15.9.82 of the Allaha bad High Court in Civil Misc.
W.P. No. 14807 of 1981.
Pramod Swarup for the Appellant.
R.B. Mehrotra for the Respondents.
562 The Judgment of the Court was delivered by KANIA, J.
This is an Appeal by Special Leave against a judgment an... | In 1959 the landlord filed an application under section 3(1) of the U.P. (Temporary) Control of Rent & Eviction Act, 1947 for the eviction of the tenant from the shop on the ground that the landlord wanted to demolish the shops in the building including the shop of the appellant/ tenant and in their place wanted to con... |
Appeal No. 76 of 1959.
Appeal from the judgment and decree dated November 16, 1951, of the Madras High Court in Second Appeal No. 1656 of 1947.
T. V. R. Tatachari, for the appellants.
K. N. Rajagopal Sastri and T. Satyanarayana, for the respondent No. 1., 1961.
September 22.
The Judgment of the Court was delivered by G... | The conveyance in suit was the result of a collusive plan between respondent 1 and respondent 2 to defraud the latter 's creditors.
The agreement was that respondent 1 was to act as the benamidar for respondent 2 and his sons, the appellants.
The fraud succeeded and the creditors of respondent 2 were in fact defrauded.... |
Civil Appeal No. 1264 of 1969.
Appeal by certificate from the judgment and order dated the 12th Feb., 1968 of the High Court of Assam and Nagaland at Gauhati in First Appeal No. 21 of 1963.
D. Mookherjee and section K. Nandy, for the appellant.
M. H. Chowdhury and section N. Chowdhury, for the respondent The Judgment o... | 100 bights of land lying unused were requisitioned by Government to settle landless people.
The appellant, a tea planter, willingly surrendered the same.
But, when the State proceeded to acquire the land under section 7(1A) of ' the Assam Land (Requisition and Acquisition) Act, 1948 he disputed the payment of lesser sc... |
Appeal No. 563 of 1960.
Appeal by special leave from the judgment and decree dated March 20, 1959, of the Patna High Court in Election appeal No. 8 of 1958.
J. C. Sinha, D. P. Singh, M. K. Ramamurthi, R. K. Garg and section C. Agarwala, for the appellant.
B. C. Ohosh and R. C. Datta, for respondent No. 1.
Udaipratap Si... | The Election Tribunal on the petition of the first res pondent set aside the election of the appellant holding that the appellant as a Ghatwal, was not a holder of office of profit, and t hat he was guilty of corrupt practices.
The Election Tribunal however did not entertain the first respondent 's prayer to declare hi... |
Civil Appeals Nos. 247 and 248 1975.
Appeals by special leave from the Judgment and order dated the 29th May, 1974 of the Kerala High Court in original Petition No. 5463 of 1971.
Krishnamoorthy Iyer and N. Sudhakaran, fol the appellant (in appeal No. 247/75 and respondent No. 2 in C.A. No. 248/75).
T. C. Raghavan and P... | The appellant who was a Lower Division Clerk in a department of the State Government had gone on transfer to another department on her own request.
Under a notification issued by the State Government.
a person could revert to his parent department (i) only if and when there is no vacancy for him to continue in the new ... |
Appeals Nos. 220, 221, 349 and 497 of 58.
Appeals from the judgment and decrees dated 1955 March 24,1956 September 15 and 1956 April 12 of the former Saurashtra High Court at Rajkot in Civil Second Appeals Nos.
123 of 1953 & 104 of 1955 and Civil Appeals Nos.
42 of 1953 and 50 of 1954.
M. C. Setalvad, Attorney General ... | The Nawab of junagadh State made grants of properties in favour of the respondents before 1947.
After India attained independence the Nawab fled the country.
At the request of the Nawab 's Council the Government of India took over the administration of the State and on November 9, 1947 the Regional Commissioner assumed... |
Appeal Nos. 1173 to 1175 of 1976.
Appeals by Special Leave from the Judgment and Order dated the 1 3 1975 of the, Bombay High Court (Nagpur Bench) in Special Civil Application No. 695 of 1971.
L.N. Sinha, Sol Genl., M.N. Shroff for the Appellants in CA 1173/76 for R. 3 in C.A. 1174/76 and 1175/76.
M.N. Phadke, V. M. Ph... | After the reorganisation of the States a separate sen iority list was prepared by the State of Bombay for History and Political Science teachers.
On 20.8.1963, the Director of Education issued a letter conveying the decision of Government to amalgamate the list of lecturers in History and Lecturers in Political Science... |
: CrimitIal Appeal No. 22 of 1976.
(Appeal by Special Leave from the Judgment and Order dated the 12th September 1975 of the Punjab and Haryana High Court in Criminal Revision No. 314 of 1973).
R.L. Kohli, for the appellant.
O.P. Sharma, for respondent.
The Judgment of the Court was delivered by BHAGWATI, J.
We made an... | A certain consignment of iron sheets despatched by M/s. Hindustan Steel Plant EXBNDM (Banda Bunda, near Bhilai) to Bikaner in wagon No. SEKG 4875 was carried to Ludhiana via.
Agra because at some point of time before it reached Agra, the labels attached to the wagons were either changed or removed and the entry in the ... |
Civil Appeal No. 364 of 1969.
From the Judgment and order dated 7 8 1968 of the Punjab and Haryana High Court in Civil Writ No. 2199/68.
section N. Anand and R. N. Sachthey for the Appellant.
Arvind Minocha for the Respondent.
The Judgment of the Court was delivered by UNTWALIA, J.
The Chief Commissioner, Union Territo... | Section 6 of the Punjab General Sales Tax Act, 1948 provides that the State Government, after giving by notification, not less than three months ' notice of its intention so to do, may, by like notification add or delete from Schedule and thereupon Schedule shall be deemed to be amended accordingly.
The State Governmen... |
Civil Appeal No. 1926 of1969.
(From the Judgment and Decree dated S 2 68 of the Bombay High Court in First Appeal No. 4S1 of 1964).
Shaukat Hussain and Mohd. Mian for the appellant.
R. H. Dhebar and M. N. Shroff for the respondent.
The Judgment of the Court was delivered by SEN, J.
This appeal by certificate is directe... | The appellant 's land was acquired by the State Government under section 5 of the Hyderabad Land Acquisition Act, A notification under section 3(1) was published on the 28th February, l958 and on the 13th of January, 1962 the Land Acquisition officer, Aurangabad, made an award directing payment of compensation inclusiv... |
N: Criminal Appeal No. 144 of 1972.
Appeal by Special Leave from the Judgment and order dated 1 2 1972 of the Madhya Pradesh High Court in Criminal Revision No. 709/71.
R. Nagarathnam for the Appellant.
section K. Gambhir, Miss B. Ramrakhiani and J. M. Khanna for the Respondent.
The Judgment of the Court was delivered ... | On a complaint by the Additional Registrar of the Madhya Pradesh High Court alleging that, while the Paper Book in the Supreme Court appeal was being prepared, the appellant entered, into a conspiracy with two of the translators of the Court and tampered with the of original deposition of one Dr. section C. Barat (D.W.... |
ivil Appeal Nos.
3694 3695 of 1989.
From the Judgment and Order dated 22.9.
1987 of the Kerala High Court in O.P. Nos.
4932 of 1983 and 1091 of 1982.
T.S. Krishnamurthy Iyer and E.M.S. Anam for the Appel ants.
P.S. Poti and P.K. Pillai for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
... | The High Court, in an appeal against a decision of the Forest Tribunal, under the provisions of the Kerala Forests (Vesting & Assignment) Act, 1971, held that 92 acres of forest land were to be given back to the appellants.
Accord ingly, the Forest Department returned certain lands.
Later on they realised that the land... |
Civil Appeal Nos. 12 and 13 of 1977.
From the Judgement and order dated 17 11 1976 of the Andhra Pradesh High Court in Writ Appeal Nos.
591 592/76.
U. R. Lalit R. N. Sachthey and Girish Chandra for the Appellant in C. A. 12/77.
M. Abdul Khadar and G. Narayana Rao for the Appellant in C.A. 13/177.
T. section Krishna Mur... | The respondent in the two appeals was compulsorily retired by an order dated 20 4 74 under Rule 16(3) of the All India Services (Death cum Retirement) Rules, 1958.
The respondent challenged the said order by filing a Writ Petition before the Andhra Pradesh High Court.
A single Judge of that Court allowed the petition.
... |
ION: Criminal Appeal No. 15 of 1955.
Appeal by special leave from the judgment and order dated the 24th March, 1953 of the Calcutta High Court in Criminal Appeal No. 94 of 1952 arising out of the Judgment and order dated the 22nd April 1952 373 of the Court of Sessions Judge, Murshidabad in Sessions Trial No. 1 of 1952... | A Sessions Judge, even if he disagrees with the verdict of the Jury, must normally give effect to that verdict unless he is clearly of opinion that no reasonable body of men could have given the verdict which the Jury did.
Ramnugrah Singh vs King Emperor, ([1946] L.R. 73 I.A. 174), relied on.
A Sessions Judge need not ... |
Civil Appeal No. 854, of 1977.
Appeal by Special Leave from the Judgment and order dated 2 8 1976 of the Madhya Pradesh High Court in S.A. No. 440/71.
section section Khanduja and Lalit Kumar Gupta for the Appellant.
T. P. Naik and section K. Gambhir for the Respondent.
The Judgment of the Court was delivered by CHINNA... | The respondent landlord sought eviction of the appellant tenant from the suit premises for failure to pay arrears of rent, despite service of notice of demand.
The trial court found that the tenant was in arrears o. payment of rent, but the tenant having deposited the arrears of rent within the time allowed by the cour... |
ivil Appeal Nos.
216 217 of 1970.
Appeals by special leave from the Judgment and Order dated 3 12 1968 of the Bombay High Court in Second Appeal Nos.
1232 and 1214/1961.
V. section Desai, R. B. Datar and Lalit Bhardwaj and Naveen Sinha for the Appellants.
section V. Tambwaker for the Respondent.
The Judgment of the Cou... | A mortgagor executed two deeds of mortgage in favour of the father of the appellants for Rs. 1600 and Rs. 1000 in respect of certain lands.
Both the mortgages were possessory mortgages but the land was leased back to the mortgagor for a stipulated rent.
The mortgagor died leaving behind him three sons, one adult and tw... |
Civil Appeals Nos.
1303 of 1972 and 1538 of 1971.
Appeals by Special Leave from the Judgment and Orders dated 13 4 1971 of the Assam and Nagaland High Court in Civil Rule No. 368/68 and 174/68.
M. N. Phadke and section N. Choudhary for the appellant in CA.
No. 1538 and Respondent in CA No. 1303/72.
P. R. Mridul and K. ... | The Management Tea Co. Ltd. appellant in C. A. 1538/71 retrenched on November 5, 1966, 23 workmen, 16 of whom were paid retrenchment compensation allegedly in terms of section 25F of the Industrial Disputes Act based on wages obtaining prior to Wage Board Award, which came into force on 1 4 66 retroactively and in the ... |
N: Criminal Appeal No. 362 of 1979.
Appeal by Special Leave from the Judgment and Order dated 28.2.79 of the Allahabad High Court at Allahabad in Crl.
Appeal No. 3500/78 and murder reference No. 33/78.
section K. Bisaria for the Appellant.
H. R. Bhardwaj and R. K. Bhatt for the Respondent.
The Judgment of the Court was... | The deceased Bhagwan Singh who was working as an Amin put the appellant 's lands to sale for recovering certain arrears.
The appellant and his two companions Mool Chand and Daya Ram lay in wait for the deceased while he was on his way back home.
Daya Ram first fired three shots at the deceased as a result of which he f... |
Civil Appeal No. 1678 of 1973.
From the Judgment and Order dated 4.7.1973 of the Bombay High Court in Appeal No. 142/72.
F. section Nariman, Y. section Chitale, O. C. Mathur, K.J. John, Sri Narain, Narayan B. Shetya and M. Mudgal for the Appellant.
F. D. Damania, B. R. Agarwala and P. G. Gokhale for Respondents 1 2.
M.... | The Industrial Tribunal, Ahmedabad, on a dispute referred to it under section 10(2) of the took up for consideration four demands for basic wages and adjustment, dearness allowance, gratuity and retrospectivity of the demands of the workmen.
The Tribunal gave its award on 30th of November 1971 which was published on 20... |
Civil Appeal No. 2922 of 1981.
Appeal by Special leave from the Judgment and Order dated the 23rd June, 1981 of the Karnataka High Court in Misc.
Petition No. 1 of 1981 in Election Petition No. 76 of 1978.
Petitioner in person.
P.R. Mridul, H.R. Bhardwaj, N. Nettar, G.S. Narayana, S.N. Bhatt and Hemant Sharma for the R... | Respondent No. 2 who was one of 28 candidates participating in an election to a Lok Subha seat was declared elected.
One of the contenders, (Respondent No. 1) filed an Election Petition for setting aside the election of Respondent No. 2, under section 100 (1) (b) of the Representation of the People Act, 1951, and decla... |
minal Appeal No. 115 of 1960.
Appeal from the judgment and order dated September 18, 1.959, of the Calcutta High Court in Government Appeal No. 14 of 1956.
48 B. L. Anand, Ganganarayan Chandra and D. N. Mukherjee and P. K. Bose, for the appellant.
K. B. Bagchi, section N. Mukherjee and P. K. BOSE for the respondent.
Ap... | The appellant.
was tried by the Sessions judge and acquitted of the charge of murder.
On appeal the High Court convicted him and sentenced him to imprisonment for life.
The appellant applied for and was granted a certificate under Art 134 (1) (c) of the Constitution for appeal to the Supreme Court on the ground that th... |
Appeal No. 154 of 1952.
Appeal from the Judgment and Decree dated the 23rd June, 1949, of the High 131 1010 Court of Judicature at Bombay (chagla C. J. and Gajendragadkar J.) in Second Appeal No. 557 of 1945 against the Judgment and Decree dated the 19th March, 1945, of the Court of Small Causes, Poona, in Civil Appeal... | The provision as to notice in writing of the lessor 's intention to determine the lease, container in section 111(g) of the , as amended in 1929, is not based on any principle of justice, equity or good conscience and is not applicable to leases executed prior to 1st April, 1930.
Where a lease deed executed before the ... |
ION: Civil Appeal No. 4359 (NCE) of 1986.
From the Judgment and Order dated 30th Sept. 1986 of the Madhya Pradesh High Court in Election Petition No. 43 of 1985.
R.B. Mehrotra for the Appellant.
S.S. Khanduja for the Respondents.
The Judgment of the Court was delivered by section RATNAVEL PANDIAN, J.
The appellant was ... | Elections to the Madhya Pradesh Vidhan Sabha were held in the months of February/March 1985.
The appellant and Respondent No. 1 were the contesting candidates from Niwadi Legislative Assembly constituency No. 34.
Respondent No. 1 having secured majority of votes, was declared elected on 6.3.1985 to the Madhya Pradesh V... |
Civil Appeal No. 1236 (Nce) Of 1975 Appeal under Section 116A of the R.P. Act from the order date 1.2.84 of the Gauhati High Court in E.P. No. 3 of 1983.
C. section Vaidyanathan for the Appellant.
Kapil Sibal, K K Lahiri and Mrs. Manik Karanjwala for the Respondent.
The Judgment of the Court was delivered by 344 VARADA... | Tsubongse the election petitioner and the respondent herein who contested from the Longkhim Chre constituency of the Nagaland Legislative Assembly as a Congress (I) candidate in the election held on 10.11.82 lost by a margin of 133 votes to Horangse the appellant and who was the Deputy Speaker of the last legislative A... |
Civil Appeal No. 149 of 1971.
On appeal by Certificate from the Judgment and Decree dated 28.4.69 of the Madhya Pradesh High Court in First Appeal No. 14 of 1963.
H. K.Puri for the Appellant.
UR.Lalit, S.K. Gambhir, Ashok Mahajan and section Kirplani for the Respondents.
The Judgment of the Court was delivered by MISRA... | Respondents are owners of sugar mill situated in erstwhile Jaora State which merged in the State of Madhya Bharat.
After the merger, the Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948 came into force.
By a notification dated 5th September, 1949 the said Act included 'sugar ' in the list of articles as an... |
Special Leave Petition (Civil) Nos.
14179 80 of 1985 385 From the Judgment and Order dated 11.7.1985 of the Andhra Pradesh High Court in Writ Appeal No. 1443 and 1467 of 1984.
T.U. Mehta and A. Subba Rao for the Petitioners.
Dr. Y.S. Chitale, T.V.S.N. Chari and Miss Vrinda Grover for the Respondent.
The Judgment of the... | The Government Order No. 88 dated 26th March, 1980 provided that retirement gratuity may be 1/3rd of pay drawn at the time of retirement for every 6 monthly service subject to maximum of 20 months pay limited to Rs.30,000.
This order in so far as gratuity is concerned is made effective from 1st April, 1978.
The petitio... |
Civil Appeal Nos.
166870 of 1974 etc.
From the Judgment and order dated 17.8.1973 of the Allahabad High Court in W.T. Reference No. 371 of 1971 and I.T. Reference No. 452 of 1971.
V.S. Desai, and Miss A. Subhashini for the Appellants.
P.K. Mukharjee and A. K. Sengupta for the Respondents.
The Judgment of the Court was ... | Rangi Lal and his son Chander Sen constituted a Hindu undivided family.
They had some immovable property and the family business.
By a partial partition the HUF business was divided between the two and thereafter it was carried on by a partnership consisting of the two.
The house property of the family continued to rem... |
Appeal No. 435 of 1961.
Appeal from the order dated September 7, 1959, of the High Court of Mysore at Bangalore, in Income tax Referred case No. 2 of 1955.
C. K. Daphtary, Solicitor General of India, N. D. Karkhanis, R. H. Dhebar, and P. D. Menon, for the appellant A.V. Viswanatha Sastri and K. B. Chaudhuri, for the re... | The assesses Company used to purchase sugarcane from the sugarcane growers to prepare sugar in its factory, in which a very large percentage of shares was owned by the Government of Mysore.
As a part of its business operation it entered into written agreements with the sugarcane growers and advanced them seedlings, fer... |
vil Appeal Nos.
2780 81 of 1982 From the Judgment and Order dated 11.6.
1982 of the Karnataka High Court in Writ Petition No.3386 and 3387 of 1981 K.S. Cooper, Dr. Y.S. Chitale, Mrs. P.S. Shroff, S.S. Shroff and Mrs. Kiran Chaudhary for the Appellants.
M. Veerappa, A.K. Sharma, K.N. Singh, S.S. JavaIi, G.P. Shivaprakas... | In 1961 the Bangalore Metropolitan Board was formed.
The Board prepared an Outline Development Plan (O.D.P.).
In February, 1963, the Mysore Town and Country Planning Act, 1961 came into force with effect from January 15, 1965.
Section 81 A(a) of the Act provides that the Outline Devel opment Plan for the Bangalore Metr... |
Criminal Appeal No. 208 of 1978.
From the Judgment and Order dated 23.12.
1977 of the Punjab and Haryana High Court in Criminal Appeal No. 259 of 1974 M.R. Sharma, C.M. Sharma and H.K. Puri for the Appellant.
117 Harbans Lal, I.S. Goel and C.V. Subba Rao for the Respond ent.
The Judgment of the Court was delivered by O... | The appellant, who was a Patwari, had been demanding money for supply of copies from the revenue record to the complainant who needed them in connection with the execution of a sale deed.
The bargain was settled for Rs.200.
Rs.50 were paid in advance and therefore copies were given, but the appellant was to receive the... |
Criminal Appeal No. 150 of 1986.
221 From the Judgment and Order dated 14.7.83 of the Patna High Court in Govt.
Appeal No. 29/83.
S.N. Misra, M.M.P. Sinha and P.C. Kapur for the Petitioner.
S.C. Misra and, Mrs. Gian Sudha Misra for the Respondents.
The Judgment of the Court was delivered by OZA, J.
This appeal has been... | A number of persons were tried on the allegation of committing a decoity with murder and charged for offence under s.396 of the Indian Penal Code.
Eye witnesses claimed to have identified the accused persons in the light of a lantern.
The evidence also attributed different parts to different accused persons.
The trial ... |
Criminal Appeal No. 378 of 1986.
From the Judgment and Order dated 11.10.
1985 of the Bombay High Court in Crl.
Revision Appln.
No. 167 of 1985.
V.N. Ganpule for the Appellant.
A.M. Khanwilkar, A.S. Bhasme and G.B. Sathe for the Respondents.
The Judgment of the Court was delivered by DUTT, J.
The only point that is inv... | The appellant, a medical practitioner at Kalyan, Dis trict Thane, is the married daughter of Respondent No. 1, Kashirao Rajaram Sawai, by his first wife, who died in 1948.
Thereafter, Respondent No. 1 remarried and he is living with his second wife.
He filed an application before the Judicial Magistrate, First Court Ka... |
Civil Appeal No. 1686 of 1978.
From the Judgment and order dated 27.4.1978 of the Himachal Pradesh High Court in Regular Second Appeal No. 59 of 1969.
Tapas Ray and S.K. Jain for the Appellants.
S.K. Bagga for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This appeal by special lea... | The predecessors in interest of the parties were co reversioners of the testator, a Hindu widow.
Prior to 1943 she executed a deed of gift in favour of the father of the appellants of certain properties in which she had life interest.
Decreeing the suit filed by the respondent/plaintiffs the trial court made a declarat... |
Special Leave Petition (Civil) No. 8094 of 1988.
From the Judgment and Order dated 16.3.88 of the Andhra Pradesh High Court in (A.A.O.) No. 1152/86 & C.R.P. No. 2728 of 1986.
C. Sitaramiah and G. Prabhakar for the Petitioners.
R.F. Nariman, K. Prabhakar and R.N. Kishwani for the Respondent.
The Judgment of the Court wa... | The respondent contractor had entered into an agreement with the petitioner for formation of an earth dam.
Disputes and difference arose between the parties.
A reference was made to the arbitrator wherein the respondent made eleven claims out of which one claim was later withdrawn.
The arbitrator gave a non speaking aw... |
Petitions (Civil) Nos.
5117/ 81, 7340/81, 3656 84/82, 6381 82, 6951 52/82, 8010 19/82, 8108 11/82, 90 19 20/82, 5241 60/83, 1734 35/83 and 559 560/83.
(Under Article 32 of the Constitution of India).
B. Kanta Rao for the Petitioners.
C. Seetharamiah, T.V.S.N. Chari, Ms. Vrinda Grover, Ch.
Badri Nath, A.K. Sanghi, G.S. ... | % In a batch of Writ Petitions filed in this Court the petitioners challenged the imposition of sales tax and surcharge on bread, rusk and bun under the A.P. Sales Tax Act, 1957 as illegal, contending that bread and biscuits belonged to one homogeneous class but had been treated differently for purposes of taxation und... |
Case : HABEAS CORPUS WRIT PETITION No. 315 of
Counsel for Petitioner : Avinash Pandey
Counsel for Respondent : G.A.
1. Heard Sri Avinash Pandey, learned counsel for the
petitioners and Ms. Rachna Tiwari, learned Additional
Government Advocate appearing for the Staterespondents.
2. The undisputed facts as re... | The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava obser... |
Case :- HABEAS CORPUS WRIT PETITION No. - 536 of 2022
Counsel for Petitioner :- Bed Kant Mishra
Counsel for Respondent :- G.A.
Shri Rajesh Singh, Advocate has filed his
Vakalatnama on behalf of the corpus/petitioner No.
2, Smt. Sakshi Panchal, wheres Ms Laxmi
Viswakarma has filed her Vakalatnama on behalf of
respondent... | The Allahabad High Court has observed that the choice of a life partner, the desire for personal intimacy, and the yearning to find love and fulfillment in a human relationship between two consenting adults cannot be interfered with by any other person.
With this, the bench of Justice Sanjay Kumar Singh allowed a Habea... |
The petitioner, who was arrested and remanded to judicial
custody on 15.08.2022 for the offence under Sections 153, 505(1)(b) and
Crl.OP.No.20677 of 2022
505(2) of IPC in crime No.78 of 2022 on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that in a public meeting
organized by the Hi... | The Madras High Court on Thursday granted conditional bail to Hindu Munnani office bearer and stunt master Kanal Kannan for his remarks seeking to demolish the statur of Periyar outside Srirangam temple. Justice GK Ilanthiraiyan granted him bail on condition that he shall file an affidavit before the Egmore Court guara... |
The present writ petition has been filed inter-alia with following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to
forthwith pay compensation to the petitioner alongwith interest regarding the loss occurred in
1984 during Anti Sikh Riots after assassination of the ... | While hearing a plea filed by an 84-year-old man seeking compensation for the loss of his wife and daughter in the 1984 Anti-Sikh Riots, the Allahabad High Court
has sought a personal affidavit of the Secretary, Home (Communal Control Cell), Government of U.P.
The bench of Justice
Mahesh Chandra Tripathi and Justice... |
Case :- HABEAS CORPUS WRIT PETITION No. - 165 of
Counsel for Petitioner :- Amit Kumar Verma,Gambhir Singh
Counsel for Respondent :- G.A,Gajendra Singh
Heard Shri Gambhir Singh, learned counsel for the petitioners
and Shri Gajendra Singh, learned counsel for respondent nos.4
and 5 as well as learned A.G.A. Perused the r... | Stressing that a mother's love must be given unconditionally to establish trust and a firm foundation of emotional intimacy in a child's life, the Allahabad High Court recently granted the custody of two children to their mother.The bench of Justice Rahul Chaturvedi ordered thus while dealing with a habeas corpus plea ... |
1. The petitioner vide the present petition under Section 9 of the
Arbitration & Conciliation Act, 1996 (herein after referred to as „the
Act‟) has sought the following reliefs:
“Direct the Respondent No. 1, its
representatives, attorneys, heirs, executors,
administrators, successors and permitted
assigns, to jointl... | The High Court of Delhi has held that the scope of Section 9 of the A&C Act does not envisages relief in the nature that would restore a contract which already stands terminated. The bench of Justice Chandra Dhari Singh held that the Court while exercising powers under Section 9 of the A&C Act cannot direct specific pe... |
1. Both the above proceedings are directed against one judgment and
order dated 14.10.2015 passed by learned Additional Sessions Judge, Bhoom
in Special Case (Child Sex) No. 06 of 2014, thereby convicting the appellant
accused for offence punishable under Sections 363 of the Indian Penal Code
(IPC) and sentencing ... | The Bombay High Court recently upheld a man’s conviction for kidnapping and raping his minor student observing that instead of grooming students to become responsible citizens, he created a blot on the pious relationship of a student and a teacher.
A division Justice Vibha Kankanwadi and Justice Abhay S. Waghwase sitti... |
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated
14.08.2018 passed by the High Court of Delhi at New Delhi in FAO(OS) No.112 of
2018 by which the High Court has partly allowed the said appeal, the Indian Railway
Construction Company Limited (hereinafter referred to as “IRCON”) has p... | The Supreme Court recently reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31(7)(a) of the Arbitration and Conciliation Act 1996.
The Court also set aside orders passed by High Court, for having exceeded its juris... |
APPLICATION U/S 438 CR.P.C. No. - 20301 of 2021
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- R.K. Sinha,R. B. Tripathi,Sr.
Counsel for Opposite Party :- G.A.
Heard Shri V.P. Srivastava learned Senior Counsel assisted by
Shri R.K. Sinha, learned counsel for the applicant, Shri Vishwa
Deepak Mishr... | The Allahabad High Court last week granted anticipatory bail to the National President of Peace Party, Dr. Ayub in a 2016 case registered against him for his alleged statement made at a public rally, threatening to kill the then Member Of Parliament from Gorakhpur and presently, the Chief Minister of Uttar Pradesh, Yog... |
ivil Appeal No. 5502 of 1983.
From the Judgment and Order dated 6.5.1983 of the Alla habad High Court in C.M.W.P. No. 6563 of 1980.
S.S. Ray, D.D. Thakur, Mrs. C. Markandeya, section Markan deya, W.A. Nomani, G.S. Giri Rao, R.K. Raina and J.M. Khanna for the Appellants.
B.D. Agarwal, Mrs. section Ramachandran, R. Ramac... | The appellant, a registered Housing Co operative Socie ty, acquired about 70 acres of land during the period 1973 to 1975.
After the enactment of U.P. Industrial Area Development Act, 1976, the State Government constituted an Industrial Development Authority called NOIDA.
Soon after the constitu tion of the said author... |
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
3. This is an application seeking release on bail in RC No. RC 217 2016
A0015 dated 18.10.2016 registered U/s 120-B IPC and Sections 7,8,9,12 and
13(2) R/W 13(1)(d) of PC Act, 1988, by CBI ACU-V/AC-II New Delhi.
4. An R... | The Delhi High Court has recently granted bail to a lawyer Gautam Khaitan in connection with the 2008 Embraer bribery case being probed by the Central Bureau of Investigation (CBI)
While the case was registered in the year 2016 for various offences under Prevention of Corruption Act and Indian Penal Code, Khaitan was ... |
1 Order dated August 11, 2021 passed by the City Civil and Sessions
Court, Mumbai, rejecting Petitioners/Plaintiffs’ application for summary
judgment is the subject matter of challenge in the present Petition.
2 Petitioners are the Plaintiffs in commercial suit instituted for recovery
of money with interest a... | The Bombay High Court recently held that the application for summary judgment before the Civil Court under Order 13-A of the CPC by a person, whose summary suit is converted to commercial suit, is maintainable.
Justice Sandeep V. Marne held that such conversion would not cause the petitioner to lose both right to seek ... |
Through: Mr. Anuj Garg, Advocate for JD-2
1. This hearing has been done through hybrid mode.
2. The present application has been filed on behalf of the
Applicant/Decree-Holder-Ms. Himani Walia seeking waiver of payment of
stamp duty in respect of the assets inherited by the various parties from the
estate of ... | The Delhi High Court has observed that there is no requirement to compulsorily register family settlements and to pay stamp duty for the same when such settlement is initially arrived at as an oral partition, however, later is put into writing for the purpose of information. "The partition had been agreed upon between ... |
2. The present appeal is directed against the judgment and order
dated 01.02.2018 passed by the High Court of Judicature at Patna
in LPA No. 2035 of 2016, whereby the High Court has dismissed
the appeal filed by the Appellant-Bank and confirmed the order
passed by the Single Bench.
respondent while posted as a... | The Supreme Court Bench comprising Justices Krishna Murari and Bela M Trivedi has held that when the first dismissal order against a person in service is in force, irrespective of all pending litigations or his age of superannuation, he cannot be deemed to be continuing in service.
Factual background of the Civil Appe... |
1. A Single Judge of the High Court of Gujarat dismissed the petitions under
Section 482 of the Code of Criminal Procedure, 1973 1, instituted by the
appellants to quash the criminal complaint2 instituted by the second respondent
for offences punishable under Section 138 of the Negotiable Instruments Act,
1881 3,... | "Merely labelling the cheque as a security would not obviate its character as an instrument designed to meet a legally enforceable debt or liability."The Supreme Court observed that Section 138 of Negotiable Instruments Act is attracted in cases where debt is incurred after the drawing of the cheque but before its enca... |
(TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART 1 SECTION 2)
Jaisalmer House, 26, Man Singh Road,
NEW DELHI-110 011, dated 10th June, 2021.
In exercise of the power conferred by clause (1) of Article 217 of the ... | President of India has appointed Shri Sanjay Yadav, Judge of the Allahabad High Court, to be the Chief Justice of the Allahabad High Court with effect from the date he assumes charge of his office.Shri Justice Sanjay Yadav, M.A., LL.B, was enrolled as an Advocate on 25.08.1986. He practiced at Jabalpur for 20 years in ... |
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 03.07.2019 passed by the High
Court of Judicature at Madras in Tax Case Appeal No.429 of
2019, by which the High Court has dismissed the said appeal
preferred by the revenue and has confirmed the order dated
04.04.2013 passed by ... | The Supreme Court has held that the date of the receipt of the assessment order has no relevance in computing the limitation period for the Revision by the Principal Commissioner under Section 263 of the Income Tax Act.A Bench of Justices M.R.Shah and A.S.Bopanna made the above observation in Commissioner of Income Tax... |
This writ petition has been filed seeking quashment of G.O. (D)
No.372, Home (Prison-IV) Department dated 22.07.2019, in and by which,
the State Level Committee's recommendation for premature release of John
David (Life Convict Prisoner No.4897), the son of the petitioner herein, has
been turned down and for a mandamus... | The Madras High Court has refused to reconsider the case of John David, convicted prisoner in the 1996 infamous murder of Pon Navarasu, for premature release.A bench of Justices P.N. Prakash and A.A. Nakkiran observed that the State Government and the Governor are not bound by the recommendation made by the jail author... |
The FIR was lodged by the 2nd respondent alleging
that one Tulasa Ram – accused No.1 was due a sum of
Rs.66,00,000/- (Rupees Sixty Six Lakhs only) and he had
lodged the FIR against the accused No.1 before the
Halasoor Gate Police Station. Such being the case, when
the respondent No.2 and accused No.1 met at Prakash
Caf... | The Karnataka High Court has quashed criminal proceedings pending against a man holding that the FIR lodged by the complainant was 45 days after the alleged incident of assault and no plausible explanation was given for the delayed filing of FIR.
A single judge bench of Justice Hemant Chandangoudar allowed the petitio... |
Petitioners are before this Court calling in question
proceedings in C.C.No.115 of 2021 pending before the Principal
Civil Judge & JMFC, Channapatna, arising out of PCR No.151 of
2018, initiated for offences punishable under Sections 494 and
109 of IPC r/w. Section 34 of the IPC.
2. Heard Sri Ravindranath K., learned c... | The Karnataka High Court has said that bigamy under section 494 of the Indian Penal Code (IPC) is a continuing offence and the consent of wife for the subsequent marriage would become immaterial for consideration of the offence.
A single judge bench of Justice M Nagaprasanna made the observation while dismissing a pe... |
ivil Appeal No. 1213 of 1979.
583 From the Judgment and Order dated 24.4.
1978 of the Gujarat High Court in L.P.A. No. 97 of 1978.
Appellant in person.
H.S. Parihar for the Respondents.
The Judgment of the Court was delivered by RANGANATHAN, J.
The appellant, D.M. Bharati, challenges the validity of an order dated 30.9... | The appellant was appointed as a Tracer in the Municipal Corporation in 1955.
with the appointment of a Town Planning Officer in 1957.
the appellant came to be appointed as a Tracer in the Town Planning Establishment.
Later, the post of Junior Draftsman fell vacant in the Town Planning Estab lishment.
Respondent No. 6 ... |
The petitioners in Writ Petition (L) No. 13705 of 2022 filed
under Article 226 of the Constitution of India, have prayed for a writ of
certiorari for quashing and setting aside letter dated 4 th April, 2022
issued by the respondent no.4 Designated Officer and Executive
Engineer under section 354 of the Mumbai Municipal... | Bombay High Court has upheld the demolition order of an over 100-year-old dilapidated C-1 category building in Mumbai that was home to widows from the Parsi community. The court ruled that the seven tests to check the building's strength under BMC's 2018 guidelines were not mandatory for load bearing structures like th... |
APPLICATION U/S 438 CR.P.C. No. - 299 of 2022
Counsel for Applicant :- Purnendu Chakravarty
Counsel for Opposite Party :- Anurag Kumar Singh
1. Heard Sri Purnendu Chakravarty, learned counsel for the
applicant and Sri Dharmendra Pratap Singh, Advocate holding
brief of Sri Anurag Kumar Singh, learned counsel for the C.B... | The Allahabad High Court recently made significant observations on the growing menace of corruption in society. It observed that it is like a termite in every system and once it enters the system, it keeps on getting bigger and bigger."Corruption is a termite in every system. Once it enters the system, it goes on incre... |
The above Crl.M.C is filed by the petitioner who is an accused
in C.C.No.340 of 2014 on the file of the Judicial First Class Magistrate
Court-III, Ernakulam, for offence punishable under Section 138 of the
Negotiable Instruments Act, 1881. The trial court as per Annexure-A2
judgment convicted and sentenced the petition... | The Kerala High Court observed that a convict in a cheque bounce case can pay the fine amount directly to the complainant. It is not necessary to deposit the fine amount in court.In this case, while disposing of the Criminal Revision Petition filed by the accused, the High Court had affirmed the conviction but modified... |
1. The petitioner has approached this Court assailing the
correctness of the impugned order under Annexure-1 dated 7th
June, 2022 passed in CRP No.117 of 2019 by the learned Judge,
Family Court, Cuttack on the ground that restoration of the
application under Section 125 Cr.P.C. dismissed for non-
prosecution could not ... | The Orissa High Court has held that the Family Courts possess the 'inherent power' to restore a Section 125 CrPC application dismissed earlier for non-prosecution.
While holding so, a Single Bench of Justice Radha Krishna Pattanaik observed,
"When a proceeding of maintenance is dismissed on account of default and if i... |
Writ Petition(s)(Civil) No(s).708/2021
Date : 27-07-2021 This petition was called on for hearing today.
For Petitioner(s) Mr. Chinmoy Pradip Sharma, Sr. Adv.
Mr. Mohit Paul, AOR
Mr. Irfan Haseib, Adv.
Ms. Sunaina Phul, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
1Among the reliefs which... | The Supreme Court on Tuesday remarked that people resorting to begging on streets is a socio-economic problem and the Court will not pass any directions to restrains beggars from seeking alms during COVID-19.
The Court cannot take an elitist view in that regard, a Bench of Justices DY Chandrachud and MR Shah said.
"W... |
1 Reportable
Writ Petition (Civil) No. 1011 of 2022
Supriyo @ Supriya Chakraborty & Anr. …Petitioners
Versus
Union of India …Respondent
Writ Petition (Civil) No. 93 of 2023
T. C. (Civil) No. 5 of 2023
T. C. (Civil) No. 8 of 2023
T. C. (Civil) No. 9 of 2023
T. C. (Civil) No. 11 of 2023
T. C. (Civil) No. 12 of 2023
Writ ... | The Supreme Court on Tuesday refused to recognize the right of same-sex couples to enter into marriages or have civil unions [Supriyo @ Supriya Chakraborty and anr v. Union of India].
The Court said that the law as it stands today does not recognise the right to marry or the right of same-sex couples to enter into civi... |
1 Full text of the inaugural National Academy of Medical Sciences (NAMS) Public Oration delivered by Hon’ble the Chief Justice of India Shri Justice N V Ramana NAMS, Ansari Nagar, New Delhi 23 August, 2022 Good evening. At the outset, I would like to pay my tributes to the medical professionals, paramedics and other as... | Chief Justice of India (CJI) NV Ramana on Tuesday highlighted the importance of bringing in a law to address the issue of fraudulent healthcare services that patients fall prey to.
The CJI was speaking at the inaugural National Academy of Medical Sciences' (NAMS, Delhi) public oration on ‘Law and Medicine’.
Talking in... |
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government has taken note of the fact that several cases having
serious consequences for the legal system of the country are pending before
various Constitution Benches of the Sup reme Court for a long time;
(b) if so, the details thereof includi... | The Supreme Court has decided a total of 2,183 Constitution bench cases since it came into existence in January 1950, the Minister of State for Law and Justice, Arjun Ram Meghwal said in parliament on Friday.
The period between 1960 and 1969 witnessed the highest number of Constitution bench cases being decided and di... |
Government of India
Ministry of Law and Justice
Department of Justice
(Appointments Division)
Jaisalmer House,
26, Man Singh Road,
New Delhi-110 011.
Dated: 24th May, 2023.
In exercise of the power conferred by Article 223 of the Constitution of
India, the President is pleased to appoint, Shri Justice S. Vaidyanathan, ... | The Central government on May 24 notified appointment of Justice S Vaidyanathan as the acting Chief Justice of Madras High Court.
Justice Vaidyanathan will take over the post on May 25 upon retirement of the incumbent acting Chief Justice T Raja.
A notification to this effect was released on the Department of Justice w... |
MFA No. 104251 of 2017
MFA No. 104251 of 2017
This appeal by the petitioner/husband in
M.C.No.15/2017 is directed against the impugned
judgment and decree dated 07.10.2017 passed by the
learned Senior Civil Judge & JMFC., Raibag (hereina fter
referred to as the 'Trial Court'), whereby, the sai d petition
filed by the a... | The Karnataka High Court recently ruled that non compliance with a decree for restitution of conjugal rights is a valid ground for divorce under Section 13(1A)(ii) of Hindu Marriage Act [Bhimrao vs Santoshi].
Justices SR Krishna Kumar and G Basavaraja made the observation on an appeal by a man against a trial court or... |
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