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Jan 23 2015 (SC)

Pathubha Govindji Rathod and Anr Vs. State of Gujarat

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2282 OF2014Pathubha Govindji Rathod & Anr ... Appellants Versus State of Gujarat ... Respondent JUDGMENT PRAFULLA C. PANT, J.This appeal is directed against judgment and order dated 30.6.2014 passed by High Court of Gujarat whereby the said Court has partly allowed the criminal appeals arisen out of Sessions Case No.85 of 2003 and the cross Sessions Case No.53 of 2004, which were decided by two separate orders of the same date, i.e., 5.10.2007 by Additional Sessions Judge/Fast Track Court, Junagarh. We have heard learned counsel for the parties and perused the record. Prosecution story, in brief, is that complainant Satish Jotva (PW-42) used to live with his family in Village Arena. On 2.9.2003 his uncle Bhurabhai Jivabhai (PW-46) was going to his field on a bicycle. At about 10.30 a.m., he was intercepted by Pathubha Govindji Rathod (appellant No.1) near bus stand. Accused/appellant no.1 picked up a quarr...

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Jan 22 2015 (SC)

Karnail Kaur and Ors. Vs. State of Punjab and Ors.

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No.8 of 2014 IN CIVIL APPEAL NO.7424 OF2013KARNAIL KAUR & ORS. .........APPELLANTS Vs. STATE OF PUNJAB & ORS. .........RESPONDENTS with I.A. No.5 in Civil Appeal No.7425 of 2013 I.A. No.19 of Civil Appeal No.7426 of 2013 I.A. No.15 in Civil Appeal No.7427 of 2013 I.A. No.3 in Civil Appeal No.7428 of 2013 I.A. No.3 in Civil Appeal No.7429 of 2013 I.A. No.3 in Civil Appeal No.7430 of 2013 I.A. No.6 in Civil Appeal No.7431 of 2013 I.A. No.3 in Civil Appeal No.7432 of 2013 I.A. No.3 in Civil Appeal No.7433 of 2013 I.A. No.3 in Civil Appeal No.7435 of 2013 I.A.Nos.3-4 in Civil Appeal Nos.7437-7438 of 2013 I.A. Nos.6-8 in Civil Appeal Nos.7439-7441 of 2013 I.A. No.5 in Civil Appeal No.7444 of 2013 and I.A. No.6 in Civil Appeal No.7445 of 2013 JUDGMENT V.GOPALA GOWDA, J.The abovementioned applications are filed by the appellants for allowing the concerned appeals in terms of Section 24(2) of the Right to Fair Compe...

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Jan 21 2015 (SC)

Kuldeep Kumar Dubey and Ors. Vs. Ramesh Chandra Goyal(D) Th Lrs.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1094 OF2015(ARISING OUT OF SLP (C) NO.9059 OF2013 KULDEEP KUMAR DUBEY & ORS. ...APPELLANTS VERSUS RAMESH CHANDRA GOYAL (D) TH LRS. ...RESPONDENTS JUDGMENT ADARSH KUMAR GOEL, J.1. Leave granted.2. This appeal has been preferred against judgment and order dated 19th October, 2012 passed by the High court of Judicature at Allahabad in Civil Misc. Writ Petition No.52578 of 2004.3. The question for consideration is whether the suit filed by the father of the appellants in respect of property owned by appellants Nos.1 and 2 could be held to be not maintainable even when the appellants were added as plaintiffs as heirs of their father who died during pendency of the suit and whether description of the appellants who are owners as heirs instead of owners in their own right will be a case of mere "error, defect or irregularity" not affecting the merits or jurisdiction of the Court which did not affect the main...

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Jan 21 2015 (SC)

Godrej and Boyce Mftg. Co. Ltd. Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1086 OF2015(ARISING OUT OF SLP(C)NO.19426 OF2012 GODREJ & BOYCE MANUFACTURING.CO.LTD. .........APPELLANT Vs. STATE OF MAHARASHTRA & ORS. ......RESPONDENTS JUDGMENT V.GOPALA GOWDA, J.Leave granted. The appellant whose land bearing CTS Nos. 31(pt), 7 (pt), 70 to 78, 80(pt) and 81, measuring 2188 sq. mtrs. at Vikhroli were reserved in the Development Plan in the year 1991 for acquisition by the Ministry of Railways for laying additional railway tracks between "Thane and Kurla", has questioned the correctness of the notification dated 5.8.2008 issued by the Urban Development Department of the respondent No.1-State Government under Section 37(1) of the Maharashtra Regional Town Planning Act (for short "the MRTP Act") proposing the modification in the Development Plan deleting the reservation of land in question from Railway reservation and adding reservation for Development Plan Road, before the High Court...

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Jan 21 2015 (SC)

Delhi State Indus. Dev. .Corp.Ltd. Vs. Ashok Kumar Madan

Court : Supreme Court of India

NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1087 OF2015(ARISING OUT OF SLP (C) No.22784 OF2014 DELHI STATE INDUS. DEV. CORPN. LTD. .........APPELLANT Vs. ASHOK KUMAR MADAN ......RESPONDENT ORDER V.GOPALA GOWDA, J.Leave granted. This appeal has been filed against the impugned judgment and final order dated 24.07.2013 passed by the High Court of Delhi at New Delhi in L.P.A. No.3 of 2013, whereby the High Court has disallowed the action of the appellant- Corporation in cancellation of the plot allotted under the "Relocation Scheme" on account of non-payment of the initial 50% amount towards the cost of the plot in terms of order dated 24.1.2001 passed by this Court in M.C.Mehta Vs. Union of India[1]. and subsequently dismissed the L.P.A. of the appellant-Corporation. The brief facts of the case are stated hereunder:- The appellant-Corporation is the agency implementing the direction of this Court in the case of M.C.Mehta (supra), for the reloc...

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Jan 21 2015 (SC)

Secretary Tamilnadu Public Service Comm Vs. A.B.Natarajan and Ors.Etc ...

Court : Supreme Court of India

ITEM NO.301+303 COURT NO.3 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 15-18 in Civil Appeal No(s). 5877-5878/2014 SECRETARY TAMILNADU PUBLIC SERVICE COMM Appellant(s) VERSUS A.B.NATARAJAN & ORS.ETC. Respondent(s) (for modification/clarification and office report) WITH I.A.No.3 in C.A. No.5879/2014 (With appln.(s) for modification/clarification and Office Report) I.A.Nos. 23-24 in C.A. No.5880-5881/2014 (With appln.(s) for modification/clarification and Office Report) R.P. (C) 210-211 of 2015 in C.A.No.5880-5881/2014 (for c/delay in filing Review Petition and for oral hearing) I.A.Nos. 41-42 in C.A. No.5882-5883/2014 (With appln.(s) for modification/clarification and appln.(s) for permission to file additional documents and Office Report) I.A.No.3 in C.A. No.5884/2014 (With appln.(s) for modification and Office Report) R.P.(C) No.2025-2026/2014 In C.A. No.5877-5878/2014 (With appln.(s) for oral hearing) CONMT.PET.(C) D313572014 IN I.A.Nos. 15-16/2014 in...

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Jan 20 2015 (SC)

Walter Bau Ag, Legal Successor, of the Origianal Contractor Vs. Munici ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION CASE (CIVIL) NO.35 OF2014WALTER BAU AG,LEGAL SUCCESSOR, OF THE ORIGINAL CONTRACTOR, DYCKERHOFF & WIDMANN A.G. ...PETITIONER VERSUS MUNICIPAL CORPORATION OF GREATER MUMBAI & ANR. ...RESPONDENTS JUDGMENT1 A works contract No.3AAA dated 20th December, 2000 was executed by and between the petitioner and the Municipal Corporation of Greater Mumbai (respondent No.1 herein) for execution of city tunnel rehabilitation works for the purposes of transporting the city's sewage. Disputes and differences having arisen between the parties under the said contract, the petitioner invoked the arbitration clause contained therein and by letter, dated 24th February, 2014, nominated one Shri R.G. Kulkarni as its Arbitrator. By the said communication, the petitioner called upon the respondent No.1 to appoint its Arbitrator within 30 days of the receipt of the aforesaid letter/notice.2. The arbitration clause in the agreement b...

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Jan 20 2015 (SC)

Manik Taneja and Anr. Vs. State of Karnataka and Anr.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.141 OF2015[Arising out of S.L.P. (Crl.) No.6449 of 2014) MANIK TANEJA & ANR. ... Appellants vs. STATE OF KARNATKA & ANR. ...Respondents JUDGMENT R. BANUMATHI, J.Leave granted. This appeal by Special Leave arises out of the judgment dated 24.04.2014 passed by the Karnataka High Court in Criminal Petition No.252 of 2014, in and by which, the High Court, while dismissing the petition, held that the petition is premature and the same is filed even before the completion of the investigation.3. Brief facts which led to the filing of this appeal are as under:- The appellant No.1 and his wife Sakshi Jawa met with an accident with an auto rickshaw on 13.06.2013 at about 10.30 in the morning, while Sakshi Jawa was driving Maruti SX4 KA-03-MM-8646. One of the passengers, who was travelling by the auto, namely Mrs. Laxmi Ganapati, sustained injuries and she was duly admitted in the Santosh Hospital for trea...

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Jan 20 2015 (SC)

Tomaso Bruno and Anr. Vs. State of U.P.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.142 OF2015(Arising out of S.L.P.(Crl.) No.1156/2013) TOMASO BRUNO & ANR. ..Appellants Versus STATE OF U.P. ..Respondent JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal is directed against the judgment dated 4.10.2012 passed by Allahabad High Court in Criminal Appeal No.5043 of 2011 in which the High Court confirmed the conviction of the appellants under Section 302 read with Section 34 IPC and the sentence of life imprisonment and fine of Rs. 25,000/- imposed on each of them.3. Briefly stated, case of the prosecution is that three Italian nationals namely Tomaso Bruno (Accused No.1), Elisa Betta Bon Compagni (Accused No.2) and Francesco Montis (Deceased) came as tourists to India from London and reached Mumbai on 28.12.2009. After visiting several places of interest together, these persons arrived at Varanasi on 31.1.2010 and they checked in at Hotel Buddha, Ram Katora, Varanasi. The hotel...

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Jan 20 2015 (SC)

Tarabai Vs. The State of Maharashtra

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.552 OF2012Tarabai Appellant(s) VERSUS The State of Maharashtra Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed by accused No.1 against the final judgment and order dated 30.11.2010 passed by the High Court of Judicature at Mumbai in Criminal Appeal No.145 of 1991 which arose from the judgment and order dated 26.02.1991 passed by the 5th Additional Sessions Judge at Kolhapur in Sessions Case No.106 of 1990 convicting accused Nos. 1 & 2 for the offences punishable under Section 498A and Section 304-B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced them to suffer simple imprisonment for one year and to pay a fine of Rs.1000/- under Section 498-A read with Section 34 IPC with default clause and to undergo simple imprisonment for 7 years under Section 304- B/34 IPC. By impugned judgment, the High Court dismissed the appeal...

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