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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2010 Page 9 of about 150 results (0.080 seconds)

Jul 30 2010 (SC)

Srinivas Gundluri and ors. Vs. M/S. Sepco Electric Power Const. ...

Court : Supreme Court of India

Decided on : Jul-30-2010

1) leave granted.2) the appeal arising out of s.l.p.(crl.) no. 3267 of 2010 is directed against the final judgment dated 01.04.2010 passed by the high court of chhattisgarh at bilaspur in w.a. no. 281 of 2009 whereby the high court dismissed the appeal filed by the appellants herein and the appeal arising out of s.l.p.(crl.) no. 5095 of 2010 is preferred against the interim order dated 27.04.2010 passed by the high court of judicature of andhra pradesh at hyderabad in crl. r.c. m.p. no. 1307 of 2010 in crl. r.c. no. 893 of 2010 staying the order dated 22.04.2010 passed by the chief metropolitan magistrate, hyderabad rejecting the application for extension of transit bail and also recording of the fact that fraud has been played upon the court and resultantly, non-bailable warrant was issued against respondent no.1 in this appeal for his arrest and production before jmfc, korba, chhattisgrarh. 3) the facts leading to the filing of these two appeals are:a) m/s sepco electric power construction corporation (in short "sepco") was engaged in erection of power plant at village nariyara in akaltara district janjgir-champa. sepco awarded constructional work to m/s ssvg engineering projects private limited (in short "ssvg") the appellants in appeal arising out of slp (crl.) no. 3267 of 2010 as per the terms and conditions of the contract settled between sepco and ssvg. the contract value of the work was rs. 42,92,19,800/- and the work was to be completed within a period of two months. .....

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Aug 12 2010 (SC)

M.A.A. Annamalai. Vs. State of Karnataka and Another.

Court : Supreme Court of India

Decided on : Aug-12-2010

1. leave granted.2. this appeal is directed against the judgment and order dated 26.05.2008 passed by the high court of karnataka at bangalore in criminal petition no.2625 of 2004.3. brief facts of the case are as under:- the appellant, who was one of the directors of r.p.s. benefit fund ltd. submitted his resignation letter on 8.12.1997 which became effective from the date of filing of form 32 (27.12.1997) with the registrar of companies. the said form has been filed with this petition.4. respondent no.2 filed a complaint with the indira nagar police station, bangalore, alleging:- that rps benefit fund had invited deposits from the public vide circular dated 06.12.1998 and that monies had been invested by the petitioner and his wife in the pensioner's benefit fund, pursuant to the approval of the scheme by the reserve bank of india;- that the company had issued letters on 18.05.1999 and 14.06.1999 to the investors not to present their interest warrants and that payments of interests would be made by august 1999;- that the company had since closed its business and the amount due to the respondent no.2 was about rs.2,91,778/-;5. the respondent no.2 lodged a first information report on 15.10.1999 with the indira nagar police station alleging the offence under section 420 indian penal code read with sections 3, 4, 5 and 6 of the money circulation and banning act, 1978." in the fir, it was stated that the alleged offences, if any, were committed during the period between 24.05. .....

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Aug 30 2010 (SC)

C. Muniappan and ors. Vs. State of Tamil Nadu.

Court : Supreme Court of India

Decided on : Aug-30-2010

1. leave granted in special leave petition (criminal) nos. 1482-1484 of 2008.2. these appeals have been preferred against the judgment and order dated 6.12.2007 of the high court of madras in crl. appeal nos. 226, 266 and 267 of 2007, and death sentence reference in trial no. 1 of 2007.3. facts and circumstances giving rise to these cases are that on 22.1.2000, the students of the horticulture college and research centre, periakulam, affiliated to the tamil nadu agricultural university, coimbatore (hereinafter called the `university'), left for an educational tour in two buses. one bus was carrying male students and the other bus was carrying 47 female students. after completing the educational tour, the students came to paiyur, near dharmapuri, on 1.2.2000, at about 12.00 midnight, and stayed in the regional agricultural research centre. on the next day, after visiting the research centre, they left for a tour to hogenakkal from dharmapuri, which was the last leg of their tour as per their revised tour programme. they visited a nursery garden on 2.2.2000 and reached dharmapuri at 12.30 p.m. and parked their buses in front of saravanabhavan hotel. the students and the two teachers accompanying them went to the saravanabhavan hotel to take their meals and to purchase parcels of food. some of the students remained in the bus itself.4. in view of naxalite movement and activities around dharmapuri, the deputy superintendent of police at dharmapuri had promulgated a prohibitory .....

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Sep 14 2010 (SC)

Abdul Sayeed, Rafique, and ors. Vs. State of Madhya Pradesh and anr.

Court : Supreme Court of India

Decided on : Sep-14-2010

1. all the aforesaid appeals have been filed against the common judgment and order dated 12.1.2006, of the high court of madhya pradesh at jabalpur in criminal appeal nos.1191 of 1998; 1210 of 1998; and 281 of 2001 by which the appellants have been convicted under sections 302/34 of the indian penal code, 1860 (hereinafter called ipc) for committing the murders of chand khan and shabir khan, while setting aside their conviction under sections 147 and 148 ipc awarded by the trial court. 2. facts and circumstances giving rise to these appeals are that on 16.8.1994 at about 7.50 p.m., f.i.r. no.1/1994 under sections 302, 147, 148, 149 and 307 ipc was lodged at police station mandai chowk sarangpur, madhya pradesh, according to which 17 accused including 5 appellants armed with deadly weapons came from the mosque way; stopped chand khan and started beating him with weapons with an intention to kill him. after hearing the hue and cry made by chand khan, his wife zaira banu, sons shabir (deceased), anees (pw.1), and ashfaq (pw.2), and brother usman ali (pw.4) came running to the place of occurrence and after seeing the incident, they were so scared that they could not muster the courage to intervene immediately. after some time zaira banu, shabir and ashfaq tried to rescue chand khan. shabir was also assaulted, he was seriously injured and died on the spot. ashfaq (pw.2), and his mother zaira banu also got injuries on their persons at the hands of the accused. 3. the investigating .....

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Oct 21 2010 (SC)

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Decided on : Oct-21-2010

Reported in : (2011)1SCC1

1. leave granted. 2. vide referral orders dated 14.12.2004 and 20.1.2005 the following questions have been referred to the constitution bench of this court: (i) whether sections 234a, 234b and 234c of the income tax act, 1961 (for short "the act") are at all applicable to proceedings of the settlement commission under chapter xix-a of the act? (ii) whether the settlement commission can reopen its concluded proceedings by having recourse to section 154 of the act so as to levy interest under sections 234a, 234b and 234c of the act, though it was not so done in the original proceedings? (iii) whether in the absence of period of limitation prescribed for making the order of the settlement, the relevant date for determining the quantum of interest could be the date of the said order? 3. for the sake of convenience, after hearing learned counsel on both sides, we reframe the above questions. (i) whether section 234b applies to proceedings of the settlement commission under chapter xix-a of the said act? (ii) if answer to the above question is in the affirmative, what is the terminal point for levy of such interest - whether such interest should be computed up to the date of the order under section 245d(1) or up to the date of the order of the commission under section 245d(4)? (iii) whether the settlement commission could reopen its concluded proceedings by invoking section 154 of the said act so as to levy interest under section 234b, though it was not so done in the original .....

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Oct 26 2010 (SC)

Nirmal Jeet Singh Hoon. Vs. Irtiza HussaIn and ors.

Court : Supreme Court of India

Decided on : Oct-26-2010

1. delay condoned.2. the application for permission to appear in person and argue is allowed.1. delay condoned.2. the application for permission to appear in person and argue is allowed.3. facts and circumstances giving rise to the case are as follows: (a) irtiza hussain, zaheeda khatoon and murtuza hussain (hereinafter referred to as `respondents'), were the original plaintiffs in small cause case no. 41 of 1974 under section 21 (1)(a) of the u.p. urban buildings (regulation of letting, rent and eviction) act, 1972 (hereinafter called the act 1972). nirmal jeet singh hoon, (hereinafter referred to as `petitioner'), was defendant no. 3 in the above-mentioned case which was suit for ejectment and arrears of rent filed by the respondents/plaintiffs. the case of the plaintiffs/respondents was that defendant no. 1, namely, shri ram prasad (dead-nothing on record to show as to whether his legal heirs had been substituted) and defendant no. 2, namely, m/s united hotels pvt. ltd., had illegally sub-let the suit property to the petitioner; and defendants had also refused to pay the amount due as rent and they should, therefore, be evicted from the suit property. (b) smt. sarvari khatoon, plaintiff no. 4 in small cause case no. 41 of 1974 died during the pendency of the suit and her right, title and interest in the suit property vested in her children i.e. the respondents, who were also the co-plaintiffs before the trial court. (c) the case of all the defendants including the .....

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Dec 15 2010 (SC)

Parle Bisleri Pvt. Ltd. Vs. Commr. of Customs and Central Excise., Ahm ...

Court : Supreme Court of India

Decided on : Dec-15-2010

1. this appeal is preferred by m/s parle bisleri pvt. ltd (formerly known as m/s limca flavours and fragrances ltd and appellant herein) and is directed against the order of the customs, excise and service tax appellate tribunal (cestat), mumbai which set aside the order of commissioner of central excise, ahmedabad. the commissioner vide order-in-original no.11/commr/96 dated 16.9.1996, dropped all proceedings initiated against the respondents in the show cause notice f. no. v/22/15-18 da 94 dated 24-2-94. however, on appeal, the cestat partly allowed the claim of the revenue, and aggrieved by the same, the appellant has approached this court.2. the facts may be stated in brief here. m/s. parle bisleri pvt., the appellant, manufactures soft drink flavours which are assigned `code names', namely g-44t, l-33a, t-11pc, t-11p, r-66m, k- 55t and l-22l. during the period from years 89-90 to 93-94, the appellant availed of the benefit of notifications 175/86 & 1/93 as an ssi unit. it is the holding company of m/s. parle exports ltd. (pel). the appellant sells its product to pel, parle international ltd. (pil) and franchise bottlers of m/s. pel. it maybe stated at the outset that the changes the appellant underwent in its transformation from `m/s limca flavours and fragrances ltd' to `m/s parle bisleri pvt. ltd' bear no significance to the outcome of this appeal.3. m/s. pel uses the products sold by the appellant to manufacture non-alcoholic beverages base (nabb). in addition to nabb .....

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Jan 05 2010 (SC)

Sree Swayam Prakash Ashramam and anr. Vs. G. Anandavally Amma and ors.

Court : Supreme Court of India

Decided on : Jan-05-2010

Reported in : AIR2010SC622; 2010(1)AWC695(SC); JT2010(1)SC123; 2010(1)SCALE74; (2010)2SCC689; 2010(2)LC485(SC)

tarun chatterjee, j.1. delay condoned.2. leave granted.3. this appeal is directed against the judgment and order dated 9th of may, 2006, passed in second appeal no. 198 of 2000 of the high court of kerala at ernakulam, by which the high court had affirmed the concurrent findings of fact arrived at by the courts below in a suit for declaration of easement rights in respect of `b' schedule property of the plaint as a pathway to the `a' schedule property of the plaint.4. it may be mentioned that during the pendency of the second appeal before the high court of kerala, the original plaintiff expired and his legal representatives were brought on record as substituted respondents before the high court, who are respondents in this appeal. for the sake of convenience, the appellants herein would be referred to as `the defendants' as they were in the original suit for declaration of easement and permanent injunction filed by the original plaintiff, who is now represented by the respondents herein.5. the case that was made out by the plaintiff (since deceased), in his plaint was as follows: plaint a and b schedule properties originally formed part of a vast extent of properties which belonged to one yogini amma. during the life time of yogini amma, she was in enjoyment and management of the entire property for the benefit of the first defendant ashramam. on her death, her brother and sole legal heir krishna pillai and other disciples executed a settlement deed dated 20th of june, 1948 .....

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Mar 09 2010 (SC)

Dharamveer and ors. Vs. State of U.P.

Court : Supreme Court of India

Decided on : Mar-09-2010

Reported in : 2010(2)SCALE776

c.k. prasad, j.1. this appeal by way of special leave filed under article 136 of the constitution of india is against the judgment dated ist july, 2003, of the allahabad high court in criminal appeal no. 3083 of 2001 whereby it had affirmed the judgment and order of conviction and sentence of the appellants passed by the special judge, bullandshahar in sessions trial no. 154 of 1998.2. the appellants dharamveer, sanjay, vedi and vinod besides other accused persons were put on trial for offence under sections 148, 302/149 and 307/149 of the indian penal code. the trial court convicted all the appellants under sections 148 and 302/149 of the indian penal code and sentenced them to undergo rigorous imprisonment for one year and life respectively. they were further convicted under sections 307/149 of the indian penal code and sentenced to undergo rigorous imprisonment for 10 years. sentences were directed to run concurrently. on an appeal the high court dismissed the same.3. prosecution commenced on the basis of report given by pw. 1 jaipal singh on 10/10/1997 to the in- charge out-post at khurja junction within khurja police station. according to the prosecution on 10th october, 1997 at 4 p.m. the informant pw. 1, jaipal singh along with his nephew sheodan (deceased) brother jagdish(deceased) besides other persons including shiv charan (pw2) had gone from their village ramgarhi to village auranga to participate in a panchayat convened to settle the dispute between prakash and .....

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Mar 16 2010 (SC)

Satya Prakash and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Mar-16-2010

Reported in : 2010(2)SCALE131

k.s. radhakrishnan, j.1. leave granted.2. appellants who had worked on daily wages for over ten years have approached this court claiming benefit of paragraph 53 of the constitution bench judgment of this court in secretary, state of karnataka and ors. v. umadevi (3) and ors. : (2006) 4 scc 1 some doubts were there with regard to the meaning and content of paragraph 53 read with paragraphs 15, 16 and paragraph 8 read with paragraph 55 of the judgment in umadevi's case (supra) which has been subsequently explained by this court in several judgments. reference may be made to the judgment of this court in punjab water supply & sewerage board v. ranjodh singh and ors. : (2007) 2 scc 491, state of punjab v. bahadur singh and ors. (2008) 15 scc 737, c. balachandran and ors. v. state of kerala and ors. : (2009) 3 scc 179, state of karnataka and ors. v. g.v. chandrashekar : (2009) 4 scc 342, etc. almost identical situation arises for consideration in this case as well.3. the appellants who had worked for more than 10 years on daily rated basis in the bihar intermediate education council has approached the patna high court for regularization of their services and a learned single judge of the patna high court directed the council to consider their request for regularization treating them as a separate class after relaxing their age. since no positive direction was given to the council for regularization of their services, an appeal was preferred before the division bench of the patna .....

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