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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2010 Page 8 of about 150 results (0.134 seconds)

Aug 03 2010 (SC)

Sulochana Chandrakant Galande Vs. Pune Municipal Transport and ors

Court : Supreme Court of India

Decided on : Aug-03-2010

1. this appeal has been preferred against the judgment and order of bombay high court dated 20th february, 2006, passed in writ petition no. 1018 of 1999, filed by the respondent herein setting aside the order passed by the state government withdrawing the proceedings under the provisions of the urban land (ceiling and regulation) act, 1976 (hereinafter called as, "act, 1976").2. facts and circumstances giving rise to the present case are that the act, 1976 was enacted to provide for imposition of a ceiling on vacant land in urban agglomerations for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith. the said act prescribed the maximum ceiling to which the land can be retained by the owner and determination of the surplus land and transfer thereof in favour of the state after drawing the final statement under section 9 of the act, 1976, and the state would acquire the vacant land in excess of the ceiling limit under section 10 of the act, 1976. the act came into force on 17 th february, 1976. on the said date, the suit land was not within urban limits, however it was included in the urban area residential zone only with effect from 17.05.1976, by extending the limits of the municipal corporation. the suit land was acquired under the act, 1976, in the years 1978-1979 and its possession was taken and handed over to pune municipal transport (for short pmt) for establishing a bus .....

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Aug 26 2010 (SC)

Babubhai , State of Gujarat and ors. Vs. Ganeshbhai Jakshibhai Bharwad ...

Court : Supreme Court of India

Decided on : Aug-26-2010

1. leave granted.2. these appeals and other connected appeals have been preferred against the judgment and order dated 22.12.2009 of the high court of gujarat at ahmedabad, passed in special criminal application nos. 1675/2008, 1679/2008 with crl. misc. application nos. 8249/2009, 8361/2009, 8363/2009 and 7687/2009.3. facts and circumstances giving rise to the present cases are that on 7.7.2008, some altercation took place between members of the bharwad and the koli patel communities over the plying of rickshaws in the area surrounding dhedhal village of distt. ahmedabad, gujarat. the bharwad community had been preventing the koli patels from running their rickshaws in the said area. on the next day, i.e. on 8.7.2008, case no. c.r.no.i- 154/2008, was registered at 17:30 hours in the bavla police station under sections 147, 148, 149, 302, 307, 332, 333, 436 and 427 of the indian penal code, 1860 (hereinafter called as "ipc") read with section 135 of the bombay police act, 1951 (for short "bp act") and sections 3, 7 of prevention of damages of public property act, 1984 (for short "1984 act") for an incident which occurred at village dhedhal, wherein mr. m.n. pandya, sub-inspector of police, bavla police station has stated that while he was patrolling in bavla town, he received a message from h.c. kanaiyalal, police station officer, at 10.00 a.m. that some altercation/incident had taken place between the two communities at dhedhal cross roads. on receiving the said information, .....

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Oct 08 2010 (SC)

Kammana Sambamurthy (D) by Lrs. Vs. Kalipatnapu Atchutamma (D) and ors ...

Court : Supreme Court of India

Decided on : Oct-08-2010

1. the original contesting parties are dead. they are now represented by their legal representatives. this is not unusual when litigation goes on for more than 25 years.2. these two appeals, one by the legal representatives of kammana sambamurthy (original plaintiff) and the other by legal representatives of kalipatnapu atchutamma (original defendant no. 2) are directed against the judgment and decree dated december 23, 2002 passed by the high court of judicature, andhra pradesh, at hyderabad. the high court modified the judgment and decree dated july 2, 1991 passed by the subordinate judge, anakapalli in a suit for specific performance of the contract. the husband of defendant no. 2 - kalipatnapu kamaraju - was original defendant no. 1; he is also dead. for convenience, we shall refer to the original plaintiff, `the vendee'; the original defendant no. 1, `the vendor' and the original defendant no. 2, `the vendor's wife'. the facts, as we find them, are shortly as follow.3. on february 19, 1984, the vendor entered into an agreement of sale (for short, `the agreement') with the vendee in respect of a tiled house consisting of six rooms, verandah, three mulgis upstair portion consisting of one room, hall and verandah inclusive of entire area pertaining to the house along with the entire vacant site situate in door no. 9.118 bearing assessment 116 at village payakaraopet, district visakhapatnam (for short, `the property') for a consideration of rs. 1,00,000/-. the vendee paid rs .....

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Nov 19 2010 (SC)

Nahar Singh Yadav and anr. Vs. Union of India(Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-19-2010

1. the short question raised by the central bureau of investigation (for short "the cbi"), anti corruption branch, ghaziabad in their affidavit dated 15th july 2010, for our consideration is whether or not the trial arising out of the chargesheet filed by the cbi in case rc- 1(a)/2008/cbi/acb/ghaziabad and the local police, ghaziabad in case crime no.152/2008 ps kavi nagar, ghaziabad deserves to be transferred from the court of special judge, cbi at ghaziabad to some other court of competent jurisdiction, preferably at delhi under the jurisdiction of the high court of delhi, with a direction to the trial court to conduct the trial of the case on a day to day basis, and to complete it within a period of two years.2. since the case, commonly known as "the ghaziabad p.f. scam", giving rise to the afore-stated prayer, involves violation of the standards of judicial behaviour, which is expected to be of the highest order, be it on or off the bench, we feel concerned by the alleged events and have given our anxious consideration to the issue raised. in order to appreciate the controversy, a few material facts may be noticed. these are: pursuant to and in furtherance of the findings of the vigilance department of the high court of judicature at allahabad and subsequent authorisation given by the high court, case crime no.152/2008 under sections 409, 420, 467, 468, 471, 477-a, 120-b of the indian penal code, 1860 (for short "the ipc") and sections 8, 9, 13(2) read with sections 13(1 .....

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Nov 23 2010 (SC)

Harbhajan Singh. Vs. State of Himachal Pradesh and ors.

Court : Supreme Court of India

Decided on : Nov-23-2010

1. this is an appeal against the judgment and order dated 21.09.2001 of the division bench of the himachal pradesh high court in civil writ petition no.438 of 1999 filed by the appellant (harbhajan singh).2. the relevant facts very briefly are that on 03.10.1986, the director of land consolidation department, government of himachal pradesh, issued a notice under section 14 of the himachal pradesh holdings (consolidation and prevention of fragmentation) act, 1971 (for short `the act') declaring that in the interest of general public and better cultivation of agricultural land, the government has made a plan for land consolidation of 14 villages including revenue estate damtal khas. in revenue estate damtal khas, the appellant (harbhajan singh) and the respondent no.2 (mandir damtal) owned land. the land of the appellant was valued at 1 anna. the appellant filed objections saying that his land was located on the road side and was of much higher value considering its commercial importance. the consolidation officer in his order dated 15.12.1986 held the objection of the appellant to be correct and ordered the value of the land to be 16 annas. there was a proposal during the consolidation proceedings for exchanging the land of the appellant in khasra no.171/1 with the land of respondent no.2 in khasra no.171. the value of the land of respondent no.2 in khasra no.171 was proposed as 16 annas and the appellant objected to this valuation saying that the value of the land of .....

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May 13 2010 (SC)

S.P.Gupta Vs. Ashutosh Gupta

Court : Supreme Court of India

Decided on : May-13-2010

Reported in : 2010(6)SCC562

altamas kabir, j. 1. in this special leave petition, the petitioner, s.p. gupta, has challenged the order dated 19th february, 2008, passed by the learned single judge 2 of the delhi high court in crl.m.c. no.847 of 2005, dismissing the petitioner's application under section 482 cr.p.c. for quashing of the criminal complaint no.932 of 1992, instituted against the petitioner and the other co-accused by the complainant (father of the respondent) under section 420 read with section 120-b of the indian penal code. 2. by an order dated 7th april, 1992, the learned metropolitan magistrate, new delhi, issued summons to the petitioner, accused no.1 smt. motian devi lamba and accused no.4 shri g.r. singhal under section 420 read with section 34 ipc. the revision petition filed against the said order issuing summons having been dismissed by the additional sessions judge, new delhi, on 8th february, 2005, the petitioner moved the application under section 482 cr.p.c. before the high court. 3 3. having regard to the allegations in the complaint, the learned single judge of the high court dismissed the said application upon holding that upon reading the complaint, it was not possible to conclude that not even a prima facie case had been made out against the petitioner for the offence under section 420 read with section 34 ipc. the high court took note of the fact that having regard to the role attributed to each of the accused which had been noticed by the learned magistrate, summons had .....

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Apr 05 2010 (SC)

State of Punjab Vs. Lakhwinder Singh and anr.

Court : Supreme Court of India

Decided on : Apr-05-2010

Reported in : JT2010(3)SC497

mukundakam sharma, j.1. the present appeal is an appeal filed by the state of punjab challenging the judgment and order dated 20.08.2007 passed by the high court of punjab & haryana whereby the high court acquitted the respondents herein of the charge under section 15 of the narcotic drugs and psychotropic substances act, 1985 [for short 'ndps act'], thereby reversing the judgment and order of conviction and sentence passed by the trial court, i.e., the special court, patiala. the trial court convicted the respondents herein under the aforesaid section and sentenced each of them to suffer rigorous imprisonment for a period of 12 years and to pay a fine of rs. 1 lakh each, and in default of payment of fine, to further undergo rigorous imprisonment for two years.2. the prosecution case, in brief, is that on 23.04.2002 sub- inspector, tejinder singh [pw-4], who was the then station house officer [for short 'sho'] of the police station, ghagga accompanied by sub-inspector ajaib singh, assistant sub- inspector surinderpaljit singh [pw-3] and constables, viz., faqir chand, kulwant singh and other police officials were present at village shahpur and were going around in the course of their routine duty of checking of the religious places in the said village. it was during the course of patrolling that they also visited a temple of udasi community on shahpur tilla and saw that on the nearby passage a man and woman were sitting on some plastic bags. as soon as the respondents saw the .....

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Apr 27 2010 (SC)

Sri Srinivasa Bhat (D) by L.Rs. and ors. Vs. Sri A. Sarvothama Kini (D ...

Court : Supreme Court of India

Decided on : Apr-27-2010

r.m. lodha, j.1. this appeal, by special leave, is from karnataka high court. the division bench vide its order dated november 21, 2001 set aside the order of the single judge dated june 1, 2001 and also the order of the land tribunal dated march 29, 1994 and directed the land tribunal to pass fresh order concerning the subject land.2. on march 29, 1994, the appellants were conferred occupancy rights by the land tribunal in respect of survey no. 108/17 (delineated as r.s. no. 108/17 c) admeasuring 27 cents situate at shivalli village, udupi taluk, karnataka. the controversy relates to the aforesaid land to the extent of 7 cents. the present respondent nos. 1 to 5 (hereinafter referred to as `writ petitioners') filed a writ petition before karnataka high court on january 4, 1999 challenging the order of land tribunal dated march 29, 1994. the writ petitioners set up the case that the extent of property admeasuring 7 cents being the portion of survey no. 108/17 originally belonged to one sri krishna kini who transferred the said land to sri rangannaiah (father of 5th writ petitioner) in 1949 and the purchaser came into possession. sri rangannaiah mainly used the said land for non-residential purposes as the property is situate in the heart of udupi city in a prime business locality and no agricultural operations were ever carried out in the said land by sri rangannaiah. after the death of sri rangannaiah, the said land came to the share of 5th writ petitioner who transferred it .....

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May 03 2010 (SC)

M.R.F. Ltd. Vs. Manohar Parrikar and ors.

Court : Supreme Court of India

Decided on : May-03-2010

h.l. dattu, j.1. in civil appeal nos. 4220 of 2002, 4213 of 2002 and 4218 of 2002, the appellants have called in question the correctness of the judgment and order in writ petition no. 316 of 1998 dated 19/24.4.2001, passed by the high court of bombay panaji bench, at goa in a writ petition brought in public interest by one manohar parrikar, a member of legislative assembly, goa (who later on became the chief minister of the state of goa) questioning the legality, validity and propriety of two notifications issued by government of goa dated 15.5.1996 and 01.8.1996 in respect of grant of 25% rebate to low tension, high tension and extra high tension industrial consumers of electricity as a policy of the state government.2. in civil appeal no. 4219 of 2002 (m/s m.r.f. ltd. and anr. v. state of goa and anr.), the appellant has called in question the judgment and order passed by the high court of bombay panaji bench, at goa in writ petition no. 364 of 1999 dated 24.4.2001, partly allowing the writ petition filed by the appellant.3. in civil appeal no. 4214 of 2002 (goa glass fibre ltd. and anr. v. the state of goa and anr.), the appellant has called in question the correctness or otherwise of the judgment and order passed by the high court of bombay panaji bench, at goa in writ petition no. 254 of 1999 dated 25.4.2001 dismissing the writ petition filed by the appellant.4. in civil appeal no. 4217 of 2002 (alcon cement company limited and anr. v. the state of goa and anr.), the .....

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Jul 22 2010 (SC)

Arun Kumar Agrawal and anr. Vs. National Insurance Co. Ltd. and ors.

Court : Supreme Court of India

Decided on : Jul-22-2010

1. leave granted.2. what should be the criteria for determination of the compensation payable to the dependents of a woman who dies in a road accident and who does not have regular source of income is the question which arises for determination in this appeal filed against the judgment of the division bench of allahabad high court which declined to enhance the compensation awarded to the appellants by motor accident claims tribunal, shahjahanpur (for short, `the tribunal').3. smt. renu agrawal (wife of appellant no.1 - arun kumar agrawal and mother of appellant no.2 - suwarna agrawal) died in a road accident when the car driven by appellant no.1 was hit by truck bearing no.ugk- 489 in village pachkora, district hardoi, u.p. the appellants filed a petition under section 166 of the motor vehicles act, 1988 (for short, `the act') for award of compensation of rs.19,20,000/- by asserting that the accident was caused due to rash and negligent driving of the truck which was owned by respondent no.2, mohd. farooq and was insured with respondent no.1. they pleaded that the deceased was 39 years of age at the time of accident and due to her death, life of appellant no.1 had become miserable inasmuch as being a government servant he was unable to look after his minor child. they further pleaded that the deceased used to look after domestic affairs of the family and both the appellants have been deprived of the care, love and affection of the deceased and the comfort of her company.4. .....

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