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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2014 Page 7 of about 192 results (0.276 seconds)

Feb 19 2014 (SC)

Commercial Tax Officer, Rajasthan Vs. Binani Cement Ltd. and anr.

Court : Supreme Court of India

Decided on : Feb-19-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.336 of2003|commercial tax officer, | | |rajasthan |..appellant(s) | versus |m/s. binani cements ltd. & anr. |..respondent(s) | judgment h.l. dattu, j.1. the revenue is in appeal before us against the impugned judgment and order passed by the high court of rajasthan at jodhpur in s.b. sales tax revision petition no.582 of 1999, dated 02.07.2001 whereby and whereunder the high court has dismissed the revision petition filed by the revenue and upheld the case of the respondent-assessee.2. the respondent-assessee is a new industrial unit manufacturing cement situated within panchayat samiti, pindwara, rajasthan. it is an admitted fact that it started its commercial production on 27.05.1997. it is also not disputed that the respondent-assessee has fixed capital investment (for short, the fci ) exceeding rs.500/- crores and employs more than 250 employees.3. the core issue arises out of the respondent-assessee s application for grant of eligibility certificate for exemption from payment of central sales tax and rajasthan sales tax to the state level screening committee, jaipur under the sales tax new incentive scheme for industries, 1989 (for short the scheme ).4. for convenience of discussion, we would first notice the relevant scheme and certain provisions and thereafter proceed towards analysis of the facts in the instant case. the scheme for exemption from payment of sales tax was notified by .....

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Apr 09 2014 (SC)

Muralidhar @ Gidda and anr. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Apr-09-2014

reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.551 of2011muralidhar @ gidda & anr. appellants versus state of karnataka respondent with criminal appeal no.791 of2011and criminal appeal no.1081 of2011judgment r.m. lodha, j.these three criminal appeals arise from the common judgment and, therefore, they were heard together and are being disposed of by the common judgment.2. the statement (ex.p-22) recorded by the police on 17.08.2002 between 9.55 p.m. and 10.20 p.m. at k.r. hospital, mandya triggered the prosecution of the appellants and one swamy. ex.p-22 is in kannada, which in english translation reads: the statement of pradeep son of swamygowda, 28 years, vakkaligaru by community, agriculturist residing at majigepura village, srirangapatna taluk. today at about 8.30 p.m. night, i was sitting in front of shaving shop by the side of shop of javaregowda on k.r.s. majigepura road along with vyramudi, prakash and umesh. at that time naga, s/o ammayamma, jagga s/o sentu kumar s sister, gunda, gidda, s/o fishari nanjaiah, swamy, manju and hotte ashoka and others who were having old enmity assaulted me by means of chopper, long on my hand, head, neck and on other parts of the body with an intention to kill me and they have assaulted umesh who was with me. vyramudi said do not kill us and went away. prakash ran away. please take action against those who have attempted to kill me. 3. after registration of the first information report ( .....

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May 09 2014 (SC)

Chandra Prakash Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : May-09-2014

in the supreme court of india criminal appellate jurisdiction criminal appeal no.1155 of2014(arising out of s.l.p. (crl.) 4419 of 2009) chandra prakash appellant versus state of rajasthan respondent with criminal appeal nos.1156-1157 of2014(arising out of s.l.p. (crl.) 3524-3525 of 2010) abdul hamid and another appellants versus state of rajasthan respondent with criminal appeal no.1160 of2014(arising out of s.l.p. (crl.) nos. 4105 of 2014 crlmp227812012) abdul mateen appellant versus state of rajasthan respondent judgment dipak misra, j.on 26th january, 1996, a day of celebration and conscientious remembrance of the red letter day in the history of india because 26th january is the date in 1950, when our organic, inclusive, humane and compassionate constitution came into existence being given by the people of this country to themselves and the nation has been obliged to jubilate remembering the said important day in our national history, for it chartered the path of many an emancipation and conferred on the people the highly cherished fundamental rights; about 8.30 a.m., there was a blast of explosive substances between gate no.12 and gate no.13, towards the southern and eastern side of sawai man singh stadium jaipur, where the state level function on republic day was going to be celebrated. soon after the blast, prahlad singh, the station house officer, police station lodged an fir about 9.30 a.m. which was registered as fir no.39/1996. as per the fir, when the blast took .....

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Jul 02 2014 (SC)

Municipal Corpn., Gwalior Vs. Puran Singh @ Puran Chand and ors.

Court : Supreme Court of India

Decided on : Jul-02-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.8605 of2013municipal corporation, gwalior appellant versus puran singh alias puran chand & ors. respondents judgment sudhansu jyoti mukhopadhaya, j.this appeal is directed against the judgment and decree dated 15th april, 1998 passed by the high court of madhya pradesh, jabalpur, bench at gwalior in civil first appeal no.1 of 1995. by the impugned judgment and decree the high court allowed the appeal, preferred by plaintiffs- respondents, set aside the judgment and decree passed by the trial court and decreed the suit of plaintiffs-respondents.2. the factual matrix of the case is as follows: the respondents were plaintiffs and the appellant- municipal corporation, gwalior was a defendant in the original suit. the original civil suit no.44-a/1985 was filed by plaintiff-respondents against the defendant- the municipal corporation, gwalior seeking declaration that land bearing original survey no.486/19 (old) (new survey no.619) measuring 1 bigha is owned and possessed by them. they also sought for permanent injunction against the defendant on the ground that municipal authorities tried to interfere with their possession by dismantling the fencing standing on their land.3. the case of the plaintiffs was that their ancestors were the owners of the suit land. one ram nath was the original tenure-holder (mool krishak) and thereafter they became joint bhumiswami. they claimed to be in possession on .....

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Mar 14 2014 (SC)

Kesharbai @ Pushpabai Eknathrao Nalawade Vs. Tarabai Prabhakarrao Nala ...

Court : Supreme Court of India

Decided on : Mar-14-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.3867 of2014(arising out of slp (c) no.27916 of 2009) kesharbai @ pushpabai eknathrao nalawade (d) by lrs. & anr. appellants versus tarabai prabhakarrao nalawade & ors. ...respondents judgment surinder singh nijjar, j.1. leave granted.2. this appeal has been filed against the judgment and decree dated 23rd march, 2009 of the high court of bombay (aurangabad bench) rendered in first appeal no.468 of 2004 whereby the high court has partly allowed the first appeal of the plaintiffs/respondent nos. 1 to 3. the high court has dismissed the suit of the plaintiffs in respect of the agricultural lands and house property at chikalthan and neem dongri. at the same time, the high court has set aside the judgment of the trial court on issue no.3 relating to the question as to whether house bearing no.4.13.78 bearing cts no.4705 admeasuring 138.2 sq. meters alongwith house structure standing therein situated at nageshwarwadi, aurangabad is the self acquired property of deceased eknathrao.3. the admitted facts are that plaintiff nos. 1 and 2 to 4 are the wife and children of deceased prabhakarrao s/o saluba respectively. defendant nos. 7 and 8 to 12 are the wife and children of deceased trimbakrao s/o deorao respectively. defendant nos. 13 to 15 are the subsequent purchasers of land from the plaintiff. for better understanding of the inter-se relationship between the parties, it would be appropriate to .....

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Jun 30 2014 (SC)

Ram Karan(D) Tr.Lrs.and ors. Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : Jun-30-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.5853 of2014(arising out of slp (c) no.16638 of 2012) ram karan (dead) through lrs. & ors. appellants versus state of rajasthan and ors. respondents judgment sudhansu jyoti mukhopadhaya, j.leave granted.2. this appeal is directed against the judgment and order dated 2nd february, 2012 passed by the division bench of the high court of judicature for rajasthan, jaipur bench, jaipur in d.b. civil special appeal (writ) no.557/2002. by the impugned judgment the high court dismissed the appeal preferred by the appellant and upheld the order dated 23rd may, 2002 passed by the learned single judge in s.b. civil writ petition no.639 of 1996.3. the factual matrix of the case is as follows: the suit property is an agricultural land admeasuring 10 bighas 13 biswa situated in village med, jaipur, rajasthan. the said land was sold by its recorded khatedar, dalu (hereinafter referred to as the vendor ) to ram karan (since deceased) and mahendra kumar who belong to upper caste vide a registered sale deed dated 12th january, 1962. ram karan and mahendra kumar (hereinafter referred to as the vendee ) were both landless persons on the date of sale of disputed land. the said vendees had been in cultivator possession of the disputed land prior to 12th january, 1962.4. subsequently, gram panchayat allowed the land to be mutated in the name of the vendee, ram karan and mahendra kumar. it was mutated on 10th .....

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Dec 17 2014 (SC)

International Amusement Limited Vs. India Trade Promotion Organization ...

Court : Supreme Court of India

Decided on : Dec-17-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.11474 of2014(arising out of slp (c) no.13982 of 2007) international amusement limited .........appellant vs. india trade promotion organisation & anr. .........respondents with civil appeal no.11475 of2014(arising out of slp (c) no.13983 of 2007) judgment v.gopala gowda, j.leave granted. these appeals are directed by the appellant against the common impugned judgment and order dated 16.07.2007 passed in writ petition (c) no.2015 of 2001 and c.m. (m) no.553/2007 by the high court of delhi, urging various facts and legal grounds and raising two substantial questions of law which read thus:- whether the arbitration proceedings can be continued between the international amusement limited and the india trade promotion organisation?. b) whether the estate officer appointed as arbitrator is the correct forum?. necessary brief facts are stated hereunder with a view to find out whether the questions of law framed in these appeals would arise for our consideration. the appellant herein was running an amusement park in pragati maidan, new delhi since the year 1984, which was well known as "appu ghar". the land for the purpose was initially allotted to the appellant by india trade promotion organisation (for short 'the itpo) on licence basis as the lease between the central government and the itpo was still pending and as such permanent allotment of the land could not be made in favour of the appellant. .....

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Feb 25 2014 (SC)

Gohil Jesangbhai Raysangbhai and ors. Vs. State of Gujarat and anr

Court : Supreme Court of India

Decided on : Feb-25-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.4123 of2012gohil jesangbhai raysangbhai & ors. appellant (s) versus state of gujarat & anr. respondent (s) with civil appeal no.4124 of2012civil appeal no.4125 of2012civil appeal no.4126 of2012civil appeal no.4127 of2012civil appeal no.4129 of2012civil appeal no.4130 of2012civil appeal no.4131 of2012civil appeal no.4132 of2012civil appeal no.4133 of2012civil appeal no.4134 of2012civil appeal no.4135 of2012judgment h.l. gokhale j.all these civil appeals raise the questions with respect to the validity of section 43 of bombay tenancy and agricultural lands act, 1948 as applicable to the state of gujarat, now known in the state of gujarat as gujarat tenancy and agricultural lands act, 1948 ( tenancy act for short). this section places certain restrictions on the transfer of land purchased or sold under the said act. these appeals raise the questions also with respect to the validity of resolution dated 4.7.2008 passed by the government of gujarat to give effect to this section, and which resolution fixes the rates of premium to be paid to the state government for converting, transferring, and for changing the use of land from agricultural to non-agricultural purposes. thirdly, these appeals seek to challenge the minimum valuation of land as per the rates contained in the list called as jantri prevalent since 20.12.2006.2. the tenancy act was passed way-back in the year 1948, as a beneficial .....

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May 06 2014 (SC)

Union of India and anr. Vs. Dinshaw Shapoorji Anklesari and ors.

Court : Supreme Court of India

Decided on : May-06-2014

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.6194 of2013(arising out of slp (c) no.2933 of 2010) union of india & anr. appellants versus dinshaw shapoorji anklesari & ors. respondents judgment sudhansu jyoti mukhopadhaya, j.this appeal is directed against the judgment dated 25th november, 2009 passed by the high court of judicature at bombay in civil revision application no.272 of 2009. by the impugned judgment the high court dismissed the revision application and affirmed the judgment and decree passed by the appellate court and the trial court.2. the dispute relates to the piece of property bearing glr survey no.258, admeasuring 0.90 acres which comprise of superstructure consisting of main bungalow, servant quarter and garage situated at elphinstone road, pune cantonment, pune (hereinafter referred as the suit premises ).3. the case of the appellants is that the suit premises as aforesaid belongs to the appellants pune cantonment board . the governor-general by its order no.14(g.g.o.-14) dated 6th january, 1827 intimated that officers not provided with public quarters may receive permission to erect houses within fortress or military cantonment conferring on them right of property whatever in the ground allotted to them for that purpose, which will continue to be the property of the state, and resumable at the pleasure of the government. the plot admeasuring 0.90 acres (suit premises) in question was initially granted to one .....

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Aug 06 2014 (SC)

Manzoor Ali Khan Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Aug-06-2014

reportable in the supreme court of india civil original jurisdiction writ petition (c) no.305 of2007manzoor ali khan ... petitioner (s) versus union of india & ors. ... respondent (s) judgment adarsh kumar goel, j.1. this petition, by way of public interest litigation, seeks direction to declare section 19 of the prevention of corruption act, 1988 ( pc act ) unconstitutional and to direct prosecution of all cases registered and investigated under the provisions of pc act against the politicians, m.l.as, m.ps and government officials, without sanction as required under section 19 of the pc act.2. according to the averments in the writ petition, the petitioner is a practising advocate in the state of jammu & kashmir. in the said state, several government officials have been charged for corruption but in the absence of requisite sanction, they could not be prosecuted. referring to several instances including those noticed by this court in various orders, it is submitted that the provision for sanction as a condition precedent for prosecution is being used by the government of india and the state governments to protect dishonest and corrupt politicians and government officials. the discretion to grant sanction has been misused.3. the petition refers to various orders of this court where incumbents were indicted but not prosecuted for want of sanction. in common cause, a registered society vs. union of india & ors. (1996) 6 scc593 captain satish sharma, the then minister for .....

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