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Nov 22 2013

C.B.I Vs. Ashok Kumar Aggarwal & Anr.

  • Decided on : 22-Nov-2013

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1837 OF2013C.B.I. ..Appellant Versus Ashok Kumar Aggarwal & Anr. ..Respondents JUDGMENT Dr. B.S. Chauhan, J.1. This appeal has been preferred against the impugned judgment and order dated 20.8.2007 passed by the High Court of Delhi at New Delhi in Crl. Misc. (Main) No.3741 of 2001, by which it has set aside the order of the Special Judge dated 7.9.2001 granting pardon to respondent No.2, Shri Abhishek Verma under Section 306 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) and making him an approver in the case wherein respondent no.1, Ashok Kumar Aggarwal is also an accused; and remanded the same to decide the application afresh.2. Facts and circumstances giving rise to this appeal are that: A. A case was registered by the appellant, CBI on 29.1.1999 on the written complaint of one Abhijit Chakraborty, Additional Director, Enforcement Directorate (hereinafter referred to as ED), Ministry of Finance, Government of India. The complainant alleged that the Delhi Zonal office of the Enforcement Directorate conducted a search at the office i.e. three shops at Hotel Maurya Sheraton, New Delhi and residential premise i.e. G-51, Lajpat Nagar III, New Delhi of one Subhash Chandra Barjatya on 1.1.1998. Respondent no.1 was the Deputy Director incharge of Delhi Zone at the relevant time. B. During the searches, the officers of the ED seized a fax message (debit advice) ...

Nov 22 2013

Sigrid Else Roger Marthe Wauters Vs. Lieven Corneel Leo Raymond van de ...

  • Decided on : 22-Nov-2013

Court : Singapore Supreme Court

1. The parties are Belgian nationals who were married on 25 February 1992. The plaintiff/wife is 50 years old and the defendant/husband is 57 years old. They have two children who are 21 and 19 years old. The wife filed for divorce on 25 June 2009. Interim judgment was granted on 11 June 2010 and the ancillary matters came before me. On 1 November 2011, I handed down a written judgment: Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond van den Brande [2011] SGHC 237. I ordered that the pool of matrimonial assets, with an approximate value of $2.2 million, be divided equally between the parties. I also ordered that the maintenance order made on 28 April 2010 in the Family Court continue to stand. This order obliged the husband to pay the wife $7,800 a month as maintenance for her and their two children, in addition to direct payment of various other sums to the relevant third parties for, inter alia, rental, utilities bills and school fees. 2. On 24 August 2012, the wife applied to vary the maintenance order by way of Summons No 4285 of 2012. The husband, in turn, likewise applied to vary the maintenance order by way of Summons No 5164 of 2012 filed on 8 October 2012. The husband also sought other orders in his application, a few of which concerned a property that the parties owned in Bali (the "Bali Property") valued at $1,249,277.87. This was the single most valuable asset in the pool of matrimonial assets that was divided equally between the parties. I heard ...

Nov 22 2013

Golden Arrow Bus Services (Pty) Ltd. Vs. City of Cape Town and Others

  • Decided on : 22-Nov-2013

Court : South Africa - Supreme Court of Appeal

On appeal from Western Cape High Court, Cape Town (Griesel J sitting as court of first instance) The appeal is dismissed with costs including those of two counsel. JUDGMENT Lewis JA (Cachalia, Majiedt, Willis and Saldulker JJA concurring): [1] The City of Cape Town (the City), the first respondent in this appeal, is a metropolitan municipality established in terms of the Local Government Municipal Structures Act 117 of 1998. The City is in the process of introducing throughout the area of its jurisdiction an Integrated Public Transport Network (IPTN), part of which is a new bus service, MyCiTi. The appellant, Golden Arrow Bus Services (Pty) Ltd (GABS), has since 1861 operated transport systems in Cape Town, and currently operates scheduled and charter bus services throughout Cape Town and the Cape Flats areas. The dispute between these parties, and the subject of the appeal, concerns GABS participation in the MyCiTi bus service. The third and fourth respondents, who have not participated in these proceedings, are also transport companies (in effect groupings of minibus taxi operators) who are negotiating to become part of the service. The second respondent is the MEC for Transport and Public Works in the Western Cape, and the fifth respondent is the Minister of Transport: they support the City in its stance in the proceedings. [2] The City has been engaged in the process of setting up the IPTN for several years and proposes the transformation of the road transport system in ...

Nov 22 2013

Cronimet Chrome Mining Sa (PTY) Ltd. and Others Vs. Brodsky Trading 22 ...

  • Decided on : 22-Nov-2013

Court : South Africa - Supreme Court of Appeal

JUDGMENT CACHALIA JA (MALAN, PILLAY JJA, VAN DER MERWE AND ZONDI AJJA CONCURRING): [1] This matter came before us on appeal against an order of the North Gauteng High Court (Tolmay J) on two issues separated for determination under Rule 33(4) of the Uniform Rules. The first was whether the plaintiff (the respondent on appeal) had complied with s 26 of the Estate Affairs Agency Act 112 of 1976, and the second whether it had complied with ss 34A(1) and (2) of the Act. These provisions require estate agents to have valid fidelity fund certificates before rendering services entitling them to claim remuneration. The high court issued a declaratory order to the effect that the respondent had substantially complied with those provisions, but granted the appellants leave to appeal the order. [2] Before the hearing in this court the parties were given an opportunity to lodge supplementary heads of argument on whether the order was appealable in the sense of being definitive of the rights of the parties and also dispositive of at least a substantial part of the relief claimed. After hearing argument on this question the court decided that the matter was not appealable. The matter was accordingly struck from the roll and the appellants ordered to pay the costs of their opponents, including the costs of two counsel. The court indicated at the time that its reasons would follow. These are the reasons. [3] In order to decide whether the order of the high court is capable of being appealed ...

Nov 22 2013

Public Investment Corporation Ltd. Vs. Kagiso Gerald Bodigelo

  • Decided on : 22-Nov-2013

Court : South Africa - Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Mavundla J, Makgoba J and Mabuse J sitting as a court of appeal from the decision of Msimeki J as court of first instance): 1. The appeal is upheld with costs, such costs to include those occasioned by the employment of two counsel as well as the reserved costs. 2. The order of the court of first instance that the plaintiffs claim is dismissed with costs is reinstated. JUDGMENT SWAIN AJA(LEWIS, TSHIQI, MAJIEDT AND PILLAY JJA concurring): 1. The respondent, Mr Kagiso Bodigelo (Bodigelo) was formerly employed by the appellant, the Public Investment Corporation Ltd (PIC) as a junior (and later senior) manager: private equity and corporate finance, in terms of a written fixed-term employment contract, until his resignation on 3 August 2007. 2. The PIC invested moneys on behalf of public sector entities including the Government Employees Pension Fund and appointed certain employees, including Bodigelo, as non-executive directors to the boards of companies in which it had invested. This was to ensure that the funds it invested were spent for the agreed purpose and to participate in the management of these companies to ensure the security of the investment. 3. Bodigelo was appointed by PIC as its nominee and on its behalf to represent PIC on the boards of four companies, namely DCD-Dorbyl (Pty) Ltd, Blue Label Investments (Pty) Ltd, Kulungile Metals Group (Pty) Ltd and Global Roofing Solutions (Pty) Ltd (the companies). The ...

Nov 22 2013

The Standard Bank of South Africa Ltd. and Others Vs. 3mfuture Africa ...

  • Decided on : 22-Nov-2013

Court : South Africa - Supreme Court of Appeal

On appeal from North Gauteng High Court (Makgoka J sitting as court of first instance). 1. The appeal is upheld with costs that include the costs of two counsel. 2. The order of the court below is set aside and replaced with the following: (a) The plaintiffs action is dismissed. (b) The defendants counterclaims are granted and South African Patent No. 2002/2337 is revoked. (c) The plaintiff is ordered to pay the costs of the first defendant, and the costs of the second and third defendants, in the action and the counterclaims, including in each case the costs of two counsel. JUDGMENT NUGENT JA (LEWIS, BOSIELO and SHONGWE JJA and SWAIN AJA CONCURRING) [1] The Standard Bank of South Africa Ltd the first appellant is a well-known commercial bank. Through various associated companies MTN Group Limited the second appellant operates a network that allows for wireless communication. Mobile Telephone Networks Holdings (Pty) Ltd is a subsidiary of MTN Group. It and Standard Bank are equal owners of MTN Mobile Money Holdings (Pty) of which Oltio (Pty) Ltd the third appellant is a subsidiary. [2] For some time Oltio operated a system known as MTN Mobile Money. The operation of the system was relinquished by Oltio in October 2011 and was thereafter operated by Standard Bank through one of its divisions. [3] The respondent 3MFuture (Pty) Ltd is the registered proprietor of South African Patent No. 2002/2337 entitled Transaction Authorisation System. Alleging the MTN ...

Nov 22 2013

Orange Brand Services Limited Vs. Account Works Software (PTY) Ltd.

  • Decided on : 22-Nov-2013

Court : South Africa - Supreme Court of Appeal

On appeal from North Gauteng High Court, Pretoria (Pretorius, Ranchod and Fabricius JJ) sitting on appeal from Registrar of Trade Marks. The appeal is upheld with costs that include the costs of two counsel. The order of the court below is set aside and substituted with the following: The order of the Registrar of Trade Marks is set aside and substituted with the following: (a) The opposition to trade mark application number 2006/05687 ORANGEWORKS in Class 9 succeeds and the application is refused. (b) The applicant for registration is directed to pay the opponents costs of opposition. JUDGMENT NUGENT JA (TSHIQI, THERON and MAJIEDT JJA and SWAIN AJA CONCURRING) [1] The respondent Account Works Software (Pty) Ltd applied to the Registrar of Trade Marks under s 16 of the Trade Marks Act 194 of 1993 for registration as a trade mark of the mark ORANGEWORKS in class 9, in respect of computer software and software programmes relating to accounting, disclaiming exclusive use of the word or colour orange separately and apart from the mark.1 [2] Prior to that application being made, Orange Personal Communications Services Limited a company incorporated in the United Kingdom, and a member of the Orange Group of companies had applied for registration of the mark ORANGE, also in Class 9, in respect of a vast array of goods and technology relating mainly to the telecommunications industry, but including computer programmes and computer software. It opposed the application by ...

Nov 21 2013

Manti Devi (Dead) Thr. Lrs. Vs. State of Bihar and Ors

  • Decided on : 21-Nov-2013

Court : Supreme Court of India

[Non-Reportable]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (Civil) No.3962 of 2012 Manti Devi (D) through LRs. ..Petitioner(s) Vs. State of Bihar & Ors. ..Respondent(s) JUDGMENT A.K.SIKRI,J.1. The admitted facts are that one Shiv Nath Mahto (hereinafter referred to as deceased employee) was appointed as a Translator-cum- Proof Reader with the respondent in the year 1971. He earned certain promotions during his career in the year 2007, he was working as District Public Relation Officer. His normal age of retirement/superannuation was 30th November 2008. However, vide orders dated 29th June 2007 the State Government took a decision to compulsorily retire him from service under the provision of Rule 74 of Bihar Service Code. This order was made effective from 30th June 2007 as a result whereof, he was relieved from service w.e.f. 1st July 2007. Unfortunately, he died on 20th September 2008.2. After his death, his widow Smt. Manti Devi sent a representation dated 24.11.2008 stating that her husband was illegally retired from service. She also submitted that as there was no earning member in the family, her elder son be given compassionate appointment. This representation did not invoke any response which forced Manti Devi to file Writ Petition in the High Court of Judicature at Patna. This Writ Petition came to be dismissed by the learned Single Judge vide orders dated 29th July 2011. Manti Devi filed Intra Court Appeal before the ...

Nov 21 2013

E.S.I.C Medical Officer's Association Vs. E.S.I.C & Anr

  • Decided on : 21-Nov-2013

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO.35821 OF2013(CC186662013) E.S.I.C. Medical Officers Association Petitioner Versus E.S.I.C. & Anr. Respondents JUDGMENT K.S. Radhakrishnan, J.1. Delay condoned.2. We are, in this case, concerned with the question whether medical doctors discharging functions of medical officers i.e. treating patients in Employees State Insurance Corporations dispensaries/hospitals are workmen within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947 (for short ID Act).3. Petitioner is an Association of medical officers employed in the ESCI after the year 1974. The Association raised a claim for ESIC allowance of Rs.200/- per month on the ground that they were performing the same duties as those by doctors who are getting the said allowance and, therefore, could not be discriminated against. The Central Government referred the above dispute on 19.11.1992 for adjudication by the Central Government Industrial Tribunal, New Delhi (CGIT). CGIT in I.D. No.104 of 1992 answered the reference in favour of the Petitioner Association holding that the medical doctors discharging functions of medical officers are workmen within the meaning of Section 2(s) of the ID Act. The Tribunal also held that there was no material to show that the said medical doctors were employed in managerial or administrative capacity or in a professional capacity. Consequently, it was held ...

Nov 21 2013

Duddilla Srinivasa Sharma & Ors. Vs. V.Chrysolite

  • Decided on : 21-Nov-2013

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10492/ 2013 (Arising out of Special Leave Petition (Civil) No.36072 of 2010) Duddilla Srinivasa Sharma and Ors. ...............Appellants Versus V. Chrysolite ..............Respondent JUDGMENT A.K. SIKRI, J.1. The appellants have filed the present petition under Article 136 of the Constitution of India for Special Leave to Appeal against the final judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 25.10.2010 allowing Writ Petition (C) No.9437 of 2010 filed by the Respondent herein and quashing the recruitment of the appellants herein to the post of Junior Assistants in the Unit of District and Sessions Judge, Adilabad under category IV of the A.P. Judicial Ministerial Service Rules 2003 pursuant to the Notification dated 4.12.2009 bearing Reference No.Dis. 6184 of 2009.2. Since the appellants were in service when their recruitment was quashed, along with Special Leave Petition the appellants had also filed I.A. praying for stay of the impugned judgment of the High Court. While issuing notice in the Special Leave Petition on 16.12.2010 this Court had granted interim stay as prayed for. As a consequence, the appellants continue in the employment.3. Though the notices have been duly served upon the respondent, the respondent has not put in his appearance. Accordingly, we had no option but to proceed with the matter. The Counsel for the appellant was heard at length.4. ...

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