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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2010 Page 6 of about 150 results (0.100 seconds)

Nov 11 2010 (SC)

Maharashtra Land Development Corporation and ors. Vs. State of Maharas ...

Court : Supreme Court of India

Decided on : Nov-11-2010

1. since the issues raised and argued in these matters are inter-connected, we propose to dispose both of them by this order. civil appeal no. 2147 is filed by the maharashtra land development corporation against the state of maharashtra seeking to challenge the judgment and order of the bombay high court dated october 8, 2003 in writ petition no. 1052 of 1998. civil appeal no. 2148 is filed by k.n. shaikh against the state of maharashtra seeking to challenge the judgment and order of the bombay high court dated october 8, 2003 in writ petition no. 1383 of 2002.2. at the first stage we will deal with civil appeal no. 2147, and after pronouncing the judgment herein we shall deal with civil appeal no. 2148.3. by the judgment in writ petition no. 1052 of 1998, the high court reversed the order and concurrent findings recorded by the sub-divisional officer on 23rd april, 1985 and the maharashtra revenue tribunal on 21st february, 1998 wherein it was held that the land in question is neither "forest" nor "private forest" as referred to in the maharashtra private forests (acquisition) act, 1975 (hereinafter referred to as "the act"). 4. the gamut of events that led to the passing of the impugned judgment and order of the high court may be elaborated here. the land in question was part of an original survey no. 345 in village dahisar, maharashtra, measuring about 650 acres. at all relevant times, it was shown as "forest land" in the revenue records. in or about 1947, out of 650 .....

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Nov 18 2010 (SC)

Atluri Brahamanandam (D) Thr. Lrs. Vs. Anne Sai Bapuji.

Court : Supreme Court of India

Decided on : Nov-18-2010

1. leave granted.2. the present appeal filed by the appellant herein arises out of an order passed by the high court of andhra pradesh at hyderabad in appeal suit no. 2185 of 1989 whereby the high court has dismissed the appeal filed by the appellant herein and affirmed the judgment and decree passed by the trial court in favour of the respondent.3. the appellant herein was the defendant in the suit filed by the respondent seeking for a decree for possession and future mesne profits with interest at the rate of 6% per annum and for payment of rs.4,500/- with interest at the rate of 6% per annum till realization. one of the contentions which was raised in the suit was that the respondent/plaintiff was the adopted son of late anne seetharamaiah and if the findings are in the affirmative, in that event, he would be entitled to claim for recovery of possession of the scheduled land.4. the case of the respondent-plaintiff in the suit was that in 1965, one myden saheb of atkuru village in gannavaram taluk of krishna district filed a small cause suit being s.c. no. 44 of 1965 against atluri brahmanandam of the same village. the suit was decreed by the court of district munsif, nuzvid for an amount of rs. 355/-. consequent upon the passing of the said decree, the decree-holder myden saheb filed e.p. no. 29 of 1967 during the course of which the judgment-debtor's agricultural wet land admeasuring acs. 1.78 was sold in auction in which anne seetharamaih purchased the same for rs.5,900 .....

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Dec 10 2010 (SC)

Raj Kishore (Dead) by Lrs. Vs. Prem Singh and ors.

Court : Supreme Court of India

Decided on : Dec-10-2010

1. this appeal by special appeal arises out of a judgment and order dated 25th february, 2003, passed by the high court of madhya pradesh at jabalpur, gwalior bench, whereby second appeal no.230 of 1995 filed by the appellants-plaintiffs was allowed but only in part and to the extent of granting a decree for injunction restraining the defendants-respondents from interfering with the possession of the appellants over the suit property till such time the said property is partitioned between them through the competent revenue court concerned. the facts necessary for disposal of this appeal may be briefly stated as under:2. late shri raj kishore the predecessor-in-interest of the plaintiffs-appellants herein owned jointly with his brother defendant-respondent no.2 shri jugal kishore agricultural land situate in different survey numbers of village morasa, tehsil kurwai in the state of madhya pradesh. in terms of a sale-deed executed and registered on 6th july, 1974 by shri raj kishore an extent of 14 bighas and 15 biswas of the land aforementioned from out of survey nos. 436, 439/1 and 441 was transferred to the defendant-respondent no.1 for a sum of rs.6,000/- only. the plaintiff's case is that the transfer was only by way of security for the repayment of rs.6,000/- which according to the plaintiff was taken only as a loan. the plaintiff's further case is that return of the loan amount by the 6th july, 1981 would result in the land in question being transferred back to the .....

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Sep 09 2010 (SC)

Competition Commission of India Vs. Steel Authority of India and anr.

Court : Supreme Court of India

Decided on : Sep-09-2010

swatanter kumar, j.the application for leave to appeal is allowed. civil appeal is admitted. the decision of the government of india to liberalize its economy with the intention of removing controls persuaded the indian parliament to enact laws providing for checks and balances in the free economy. the laws were required to be enacted, primarily, for the objective of taking measures to avoid anti-competitive agreements and abuse of dominance as well as to regulate mergers and takeovers which result in distortion of the market. the earlier monopolies and restrictive trade practices act, 1969 was not only found to be inadequate but also obsolete in certain respects, particularly, in the light of international economic developments relating to competition law. most countries in the world have enacted competition laws to protect their free market economies- an economic system in which the allocation of resources is determined solely by supply and demand. the rationale of free market economy is that the competitive offers of different suppliers allow the buyers to make the best purchase. the motivation of each participant in a free market economy is to maximize self-interest but the result is favourable to society. as adam smith observed: ;there is an invisible hand at work to take care of this;.as far as american law is concerned, it is said that the sherman act, 1890, is the first codification of recognized common law principles of competition law. with the progress of time, .....

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Mar 17 2010 (SC)

Empire Industries Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Mar-17-2010

Reported in : 2010(2)SCALE29

aftab alam, j.1. the appellant, which is a public limited company incorporated under the companies act, 1956 seeks to challenge the order dated september 23, 1992 issued by the government of maharashtra in exercise of the powers conferred by sub-section (3) of section 10 of the industrial disputes act, 1947 (for short 'the act') prohibiting continuance of the lock-out in its factory, garlick engineering at ambernath, thane.2. the appellant first challenged this order before the bombay high court in writ petition no. 6051/1995. the writ petition was dismissed by a learned single judge of the court by judgment and order dated february 9, 2001. against the judgment of the single judge, the appellant preferred an internal court appeal (lpa no. 70 of 2001) which too was dismissed by a division bench of the court by judgment and order dated april 1, 2005. the appellant has now brought the matter in appeal before this court.3. it may be stated here that during the course of this protracted litigation the factory was closed down on april 26, 1999 and since then it remains closed. the validity of the factory's closure is not in issue. this means that the relevance of the present appeal is only for the period september 23, 1992 (the date on which the prohibition order was issued) to april 26, 1999 (when the factory was finally closed down). in case, the impugned prohibition order is held legal and valid and the appeal is dismissed the lock-out in the factory after september 26, 1992 .....

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Mar 22 2010 (SC)

Smt. Poonam Vs. Sumit Tanwar

Court : Supreme Court of India

Decided on : Mar-22-2010

Reported in : 2010(2)SCALE266

orderb.s. chauhan, j.1. this writ petition has been filed under article 32 of the constitution of india for awarding the decree of divorce, annulling the marriage of the parties herein; and/or issue directions waiving the statutory period of six months provided under section 13b(2) of the hindu marriage act, 1955 (hereinafter referred to as, 'the act, 1955').2. the facts and circumstances giving rise to the present case are that the petitioner and the respondent got married on 30.11.2008 according to hindu rites in delhi. they separated just after two days of their marriage i.e. on 02.12.2008. a petition for dissolution of marriage by consent being hma no. 197/09 dated 09.09.2009 was filed under section 13b(1) of the act, 1955. the family court of delhi, vide order dated 25.11.2009 accepted the said hma no. 197/2009 (titled as poonam v. sumit tanwar) observing as under:7. in view of section 13b(2) of the hindu marriage act, the marriage between the parties cannot be dissolved straightaway in the present case. as per the statutory requirement, parties are advised to make further efforts for reconciliation in order to save their marriage. in case they are unable to do so, the parties may come up with the petition of second motion under section 13b(2) of the hindu marriage act as per law. the present petition under section 13b(1) of the hindu marriage act is hereby allowed and stands disposed of....3. being aggrieved by the order of the family court, the present writ petition .....

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Mar 30 2010 (SC)

Patai @ Krishna Kumar Vs. State of U.P.

Court : Supreme Court of India

Decided on : Mar-30-2010

Reported in : JT2010(3)SC536

mukundakam sharma1. these two appeals arise out of a common judgment and order dated 08.11.2006 passed by the high court of allahabad dismissing the appeals filed by the appellants herein against their conviction and sentence under section 302 read with section 34 of the indian penal code (for short the 'ipc').2. shri prithvi pal singh alias chandra prakash singh, son of the deceased had lodged a report at the police station maharajpur, district kanpur contending, inter alia, that on 29.07.1977 while he alongwith his father, vikramaditya singh and one sri jagannath dubey were coming back to their village by kanpur allahabad passenger train from the court of munsif hawali, kanpur where a litigation was pending between his father vikramaditya singh and sri ganesh singh and others, they alighted at the rooma halt station for the purpose of going to their house. further allegation was that the accused sri shrawan kumar, sri patai @ krishna kumar and brij kishore, who were armed with country made pistols, accosted the deceased.3. it was alleged that the accused ganesh singh, who was travelling in the same train but in a different compartment, after alighting from the train exhorted that it is the opportune time to eliminate sri vikramaditya singh, the deceased, whereupon the present appellants brij kishore and patai @ krishna kumar dragged his father from the platform of the station to a place under a peepal tree whereupon sri shrawan kumar and ganesh singh put their country made .....

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Apr 07 2010 (SC)

Karam Kapahi and ors. Vs. Lal Chand Public Charitable Trust and anr.

Court : Supreme Court of India

Decided on : Apr-07-2010

Reported in : AIR2010SC2077

asok kumar ganguly, j1. leave granted in both the petitions, being slp(c) no. 9080/2009 filed by karam kapahi and three others and slp(c) no. 9091 of 2009 filed by m/s south delhi club ltd.2. both the appeals impugn the judgment and order dated 9.1.2009 passed by a division bench of delhi high court in rfa (os) no. 34/2002.3. in the appeal filed by karam kapahi, sujit madaan, anup malik and neeraj girotra, it is asserted that as members of the m/s south delhi club ltd. (hereinafter referred to as the 'club') they are directly affected by the judgment and decree passed in suit (suit no. 518 of 1999) filed by the respondent trust. challenging the judgment and decree in the suit, appeal rfa (os) no. 34 of 2002 was filed by the club. their main contention in the slp is that they were not parties to the suit but they may be affected by the orders passed therein. on such representation a bench of this court by an order dated 9.4.2009 permitted them to file a special leave petition and also issued notice and stayed further proceedings for the execution of the judgment and decree of the high court.4. about a fortnight thereafter, the club filed another special leave petition (c) no. 9091/2009 challenging the same judgment of the appellate bench of the high court and a bench of this court on 24.4.2009 in view of the previous notice already against the same judgment issued notice in that special leave petition filed by the club and directed it to be tagged with the earlier special .....

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Jul 05 2010 (SC)

M/S. Bhanwarlal Dugar and ors Vs Bridhichand Pannalal and ors

Court : Supreme Court of India

Decided on : Jul-05-2010

1.leave granted.2. this is a landlord's appeal by special leave against the order of the high court reversing the concurrent decree of eviction from commercial premises at guwahati in assam. the trial court, the appellate court concurrently found that the respondent was a wilful defaulter and liable to be evicted. they have also found that the appellants herein required the premises for their own business purpose. the high court in exercise of its jurisdiction under section 115 of the code of civil procedure reversed the concurrent findings of facts and accordingly dismissed the suit for eviction filed by the appellants against the respondents.3. the premises in question is a commercial one. there is no dispute of landlord and tenant relationship between the parties. only two substantial issues framed by the trial court were: (1) whether the respondent committed any default in payment of rents since april, 1993 as pleaded by the appellants? (2) whether the appellants required the suit premises bona fide for their own use? on both the issues the trial court as well as the appellate court concurrently held in favour of the appellants.4. the high court upon re-appreciation of evidence reversed the findings of the courts below.5. in this appeal, shri vijay hansaria, learned senior counsel appearing on behalf of the appellants strenuously contended that the high court committed a manifest error in interfering with the concurrent findings of facts arrived at by the courts below by .....

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Jul 07 2010 (SC)

Pradip BuragohaIn Vs. Pranati Phukan

Court : Supreme Court of India

Decided on : Jul-07-2010

1. this appeal under section 116 a of the representation of people act, 1951 arises out of an order passed by the high court of assam at gauhati whereby election petition no.5 of 2006 filed by the appellant herein challenging the election of the respondent to the assam state legislative assembly has been dismissed. the factual backdrop in which the election petition and the present appeal came to be filed may be summarised as under:2. general elections to the assam legislative assembly were held in march 2006 in terms of a schedule announced by the election commission of india. the appellant was an independent candidate for no.120 naharkatiya assembly constituency that went to poll on 3rd april, 2006. the result announced by the returning officer for the said constituency, however, declared the respondent smt. pranati phukan set up by the national congress party elected by a margin of nearly 20,000 votes over the appellant who emerged as her nearest rival. aggrieved by the outcome of the electoral contest the appellant filed election petition no.5 of 2006 before the high court at gauhati assailing the election of the respondent on the ground that the same was vitiated by several acts of corrupt practice allegedly committed by the respondent. the appellant enumerated seven specific instances of corrupt practices in support of his case. the first of these acts of corrupt practices alleged by the appellant was committed on 29th march, 2006 at langherjan tea estate where some .....

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