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Sep 23 2016 (SC)

Dhal Singh Dewangan Vs. State of Chhattisgarh

Court : Supreme Court of India

reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no(s).162-163 of 2014 dhal singh dewangan ..... appellant versus state of chhattisgarh . respondent judgment uday umesh lalit, j.these appeals by special leave challenge the judgment and order dated 08.08.2013 passed by the high court of chhattisgarh at bilaspur in criminal reference no.4 of 2013 and in criminal appeal no.563 of 2013 affirming the conviction of the appellant under section 302 ipc and confirming the sentence of death awarded by the sessions judge, durg in sessions trial no.96 of 2012. the appellant was awarded death sentence on six counts for having caused the deaths of his wife and five daughters on 19.02.2012. while granting special leave to appeal by order dated 17.01.2014 this court stayed the execution of death penalty till the disposal of the present appeal.2. the appellant along with his wife thaneswari aged about 32 years and five daughters, namely, nisha, lakshmi, sati, nandini and sandhya, aged 15, 14, 13, 8 and 5 years respectively and his mother kejabai (examined as pw-6 in the trial) was residing in village mohandipat, p.s. arjunda, chhattisgarh. their house, a single storey structure with five rooms, a verandah and a courtyard, opened in a gali. opposite to this house, were the houses of aman dewangan, khemlal dewangan and derha dewangan. on either side of their house the immediate neighbours were bhan singh dewangan on one side and yogendra sahoo on the .....

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Sep 23 2016 (SC)

Gen Sec.Coal Washeries Workers Union Vs. Emp.In.Rel.Mgt. of Dugda Coal ...

Court : Supreme Court of India

(non-reportable) in the supreme court of india civil appellate jurisdiction civil appeal no.9278 of2014the general secretary, coal washeries workers union dhanbad .appellant(s) vs. employers in relation to the management of dugda washery of m/s bccl respondent(s) judgment a. m. khanwilkar, j.the short question to be considered in this appeal in terms of order dated 27th august 2012 passed by this court while issuing notice to the respondent-management is: the quantum of the lump sum amount which needs to be paid to the workmen concerned in lieu of reinstatement.2. briefly stated, the appellant raised an industrial dispute which was referred to the central government industrial tribunal at dhanbad, for adjudication, as under:- whether the 35 persons whose names are shown in the annexure and who were employed by m/s. triveni engineering works, a contractor at dugda coal washery are to be treated as workmen of m/s bccl and whether the demand of the coal washeries workers union that these persons be regularized/absorbed in the services of m/s. bccl is justified?. if so, to what relief are these persons entitled?. 3. the industrial tribunal vide award dated 17th june 1997, answered the reference in favour of the appellant and directed the management to reinstate and regularize the concerned 35 workmen w.e.f. 1st july 1990, with payment of 30% full back wages within two months from the date of publication of the award in the official gazette of india. the respondent- management .....

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Sep 23 2016 (SC)

B.S.N.L. Vs. Vodafone Essar Gujarat Limited

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.8107 of2010bharat sanchar nigam limited ...appellant (s) versus vodafone essar gujarat limited ...respondent (s) with civil appeal no.8108 of 2010 civil appeal no.1105 of 2013 civil appeal no.8269 of 2010 judgment ranjan gogoi, j.civil appeal no.8107 of2010the challenge in this appeal is to a judgment dated 11.02.2010 passed by the telecom disputes settlement and appellate tribunal, new delhi (hereinafter referred to as the tribunal ) by which the demand raised by the appellant bsnl on the respondent, vodafone essar gujarat limited, for alleged tampering with the caller line identification (cli) has been set aside by the learned tribunal. the facts in brief may be noticed at the outset. in the year 1996 the competent authority granted a license to one m/s. fascel limited (predecessor-in-interest of the respondent vodafone) under section 4(1) of the telegraph act, 1885. as the successor-in-interest of fascel limited, the respondent entered into an interconnect agreement with bsnl for the purpose of interconnecting its network with the bsnl. under the aforesaid agreement, the respondent was liable to pay access charges to bsnl for calls originating from its network and terminating in the bsnl s network. under the agreement there was an obligation on the part of the respondent to transmit the authentic cli for the purpose of levy of charges in terms of agreement. cli essentially is the .....

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Sep 23 2016 (HC)

Renu Agarwal and Ors. Vs. Sushila Devi Agarwal

Court : Kolkata

in the high court at calcutta special civil jurisdiction (contempt) original side cc no.38 of 2014 renu agarwal & ors.versus sushila devi agarwal for the petitioners.- mr.m.s.tiwari, adv.mr.r.k.tiwari, adv.for the defendants: - mr.s.p.sarkar, sr.adv.mr.subhadeep sen, adv.mr.bimalendu das, adv.judgement on: - 23rd september, 2016 i.p.mukerji, j. this contempt application arises out of an order passed in an interim application in a suit. the suit was instituted in this court by the alleged trustees of the charitable trust, maharshi menhi charitable trust , registered as a charity under the income tax act, 1961. they question, the appointment of the defendants as trustees and for appointment of a suitable person or persons as trustees. they also ask for a scheme to be framed by this court to carry out the purposes of the trust. this suit was instituted in the year 2013. in aid in the suit an interim application was taken out by the plaintiffs asking for an order restraining the defendants from dealing with or disposing of the trust properties. on this application, on 10th may, 2013, this court passed an order recording an assurance on behalf of the defendants, made by their counsel that the property in agarpara where the registered office of the trust was situated would not be dealt with or disposed of by the defendants. furthermore, its nature and character would not be changed. this court specifically recorded that in view of this assurance no interim order was called for. the .....

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Sep 22 2016 (HC)

Chitranjan Prasad Verma Vs. State of Jharkhand and Ors

Court : Jharkhand

in the high court of jharkhand at ranchi w.p. (s) no. 2923 of 2010 with i. a. no. 3696 of 2016 chitranjan prasad verma ..... petitioner versus 1. the state of jharkhand.2. the secretary, department of health, government of jharkhand, ranchi.3. the health commissioner, govt. of jharkhand, ranchi.4. the director-in-chief, health services, government of jharkhand, ranchi.5. the regional dy. director, health services, north chotanagpur, hazaribag.6. the civil surgeon-cum-chief medical officer, dhanbad.7. the addl. chief medical officer, dhanhad.8. the civil surgeon-cum-chief medical officer, giridih. . . respondents -------- coram : hon ble mr. justice h. c. mishra ------ for the petitioner : m/s v.p. singh, sr. advocate & rashmi kumar, advocate for the respondents : mr. rakesh kumar shahi, jc to aag -------- 6/ 22.09.2016 heard learned counsel for the petitioner and learned counsel for the respondent state.2. the petitioner is aggrieved by that portion of the order no. 63 dated 3.3.2003 issued by respondent no.2, the secretary to the government of jharkhand, in its department of health and family welfare, as contained in annexure-5 to the writ application, whereby the petitioner has been promoted to the post of block extension educator with effect from the date of the order, i.e., 3.3.2003. the petitioner claims the said benefit with effect from 29.9.1994, when the earlier promotion of the petitioner to the said post was cancelled by the state government.3. the petitioner was .....

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Sep 21 2016 (HC)

Harihar Dubey Vs. State of Jharkhand and Ors

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p.(s) no. 4106 of 2010 harihar dubey, son of late tapeshwari dubey, resident of village- chaneya, po rajhara, ps vishrampur, district- palamau at present resident of hamidganj, ward no.2, po hamidganj, ps- daltonganj, district- palamau. petitioner -v e r s u s- 1. the state of jharkhand.2. the secretary, forest and environment department, nepal house, ranchi, po and ps doranda, district-ranchi.3. the conservator of forest, west circle, medininagar, palamau.4. the regional chief conservator of forest, palamau.5. the divisional forest officer, south forest division, garhwa, po, ps and district- garhwa. respondents present : the hon'ble mr justice ratnaker bhengra for the petitioner : mr. amresh kr., advocate. for the state-respondents: mr. sunil singh, jc to sc (mines) ------- reserved on:08. 04/2016 pronounced on:21 / 9/2016 ratnaker bhengra, j.: in the instant writ petition, petitioner has prayed for issuance of appropriate writ(s)/ order(s)/ direction(s) from this hon ble court, directing the concerned respondents to make payment of entire retiral dues including pension except g.p.f. and also to make payment of increment in salary during his service period; and/ or any other appropriate writ/ order/ direction as this hon ble court may deem fit and proper for doing conscionable justice to the petitioner.2. learned counsel for the petitioner has submitted that petitioner was appointed as forest guard on 10.9.1951 at palamau. .....

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Sep 21 2016 (HC)

Abhijit Sharma Vs. State of West Bengal and Ors.

Court : Kolkata

in the high court at calcutta constitutional writ jurisdiction original side present: the hon ble mr.justice subrata talukdar w.p.766 of 2015 abhijit sharma -vs.state of west bengal & ors.for the petitioner : mr.sakti pada jana for the state : mr.amitesh banerjee mr.tarak karan heard on : 18/03/2016 & 27/04/2016 judgement on : 21/09/2016 subrata talukdar, j.: in this writ petition the petitioner claims approved appointment to the sanctioned post of clerk in the secondary section of tantia high school, kolkata (hereinafter referred to for short as the said school).the facts of the case are briefly as follows:that the petitioner was granted an appointment to the said post of clerk by the school authority vide letter of appointment dated 10th of september, 2010 to be effective from 22nd april, 2010. such appointment was purely on a consolidated remuneration without any obligation of the school authority to grant any benefits of regular appointment in favour of the petitioner. however, by a prayer dated 22nd december, 2011 addressed to the district inspector of schools (secondary education) (for short di (se).kolkata by the headmaster of the school in issue, the former was requested to approve the service of the petitioner as a clerk against the vacancy which arose after the retirement of one amit kumar samanta, an approved clerk, with effect from 25th of february, 2009. such resolution was adopted by the managing committee of the school in issue on the 16th of december, 2011. .....

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Sep 21 2016 (HC)

Kulwant Kaur @ Kurwant Kaur Dhilon Vs. State of West Bengal and Ors.

Court : Kolkata

in the high court at calcutta constitutional writ jurisdiction original side present: the hon ble mr.justice subrata talukdar w.p.83 of 2015 kulwant kaur @ kurwant kaur dhilon -vs.state of west bengal & ors.with w.p.237 of 2015 sharmistha ghorai -vs.state of west bengal & ors.with w.p.617 of 2015 ravi mitruka -vs.state of west bengal & ors.with w.p.9505(w) of 2015 sk. abdul kalam -vs.state of west bengal & ors.with w.p.9787(w) of 2015 saroj kumar das -vs.state of west bengal & ors.with w.p.5274(w) of 2015 susanta charan -vs.state of west bengal & ors.with w.p.522(w) of 2015 swapan maity -vs.state of west bengal & ors.with w.p.525(w) of 2015 somnath maity -vs.state of west bengal & ors.with w.p.527(w) of 2015 manoj kumar bera -vs.state of west bengal & ors.with w.p.2404(w) of 2015 tushar karmakar -vs.state of west bengal & ors.with w.p.3077(w) of 2015 shyamal ghosh -vs.state of west bengal & ors.with w.p.7112(w) of 2015 indrajit ghosh -vs.state of west bengal & ors.with w.p.7154(w) of 2015 dipak kumar maity -vs.state of west bengal & ors.with w.p.13583(w) of 2015 m/s.orchid transport service -vs.state of west bengal & ors.with w.p.7263(w) of 2015 madhumita dutta -vs.state of west bengal & ors.with w.p.637 of 2015 b.m.tansport service -vs.state of west bengal & ors.with w.p.735 of 2015 m/s.maa tara transport co.-vs.state of west bengal & ors.for the petitioner in wp617of 2015, wp83of 2015 and wp237of 2015 : mr.sankar nath mukherjee ms.rima das mr.manoj kr. mondal for the state .....

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Sep 21 2016 (HC)

Angira Bhattacharya Vs. State of West Bengal and Ors.

Court : Kolkata

in the high court at calcutta constitutional writ jurisdiction original side present: the hon ble mr.justice subrata talukdar w.p.31 of 2016 angira bhattacharya -vs.state of west bengal & ors.for the petitioner : mr.s.s.arefin for the state : mrs.chaitali bhattacharya mr.s.bandopadhyay heard on : 15/02/2016; 18/03/2016 & 13/05/2016 judgement on : 21/09/2016 subrata talukdar, j.: in this writ application the petitioner claims compassionate appointment consequent upon the death of her mother, who was an assistant teacher in bio-science at the p.d.girls high school, dhoniakhali, district- hooghly (hereinafter referred to as the said school).the facts of the case are briefly as follows:that the mother of the petitioner died in harness on 22nd october, 2008. thereafter, the father of the petitioner also died on 28th of august, 2009. among the surviving children were the petitioner and her younger sister. at paragraph 5 of this writ petition, the petitioner claims to have applied for compassionate appointment before the district inspector of schools (secondary education) (for short di (se).hooghly which was received by the di (se) on the 22nd of april, 2010. by order dated 9th of november, 2011 the di (se).hooghly rejected the prayer of the petitioner on the basis of government order (for short go) no.697-e.s.dated 9th of july, 2009 which, inter alia, stipulates that where the total income of the family is not less than the initial gross salary of a group-d staff, a prayer for .....

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Sep 21 2016 (HC)

Canadian Commercial Corporation Vs. Coal India Limited

Court : Kolkata

in the high court at calcutta ordinary original civil jurisdiction original side ga3547of 2013 with ec281of 2013 canadian commercial corporation -versuscoal india limited for the award-holder: mr mr mr mr tilok bose, sr adv., anubhav sinha, adv., shailendra jain, adv., t. de, adv. for the award-debtor: mr anirban roy, adv., mr soumabho ghose, adv., mr pradyot das, adv. hearing concluded on: september 15, 2016. before sanjib banerjee, judge date: september 21, 2016. sanjib banerjee, j.: this should bring to an end an unsavoury episode that has done no credit to the public sector company involved herein or to the judiciary in this country. this may also be regarded as the epilogue to the judgment of march 20, 2012 by which the award-debtor s petition for challenging a foreign arbitral award under section 34 of the arbitration and conciliation act, 1996 was rejected on the ground of maintainability.2. the parties entered into an agreement in 1989 for the foreign company to set up a coal-extracting facility for the indian company in the rajmahal area in the state of jharkhand. the dispute-resolution mechanism envisaged under the agreement was of arbitration; and, the arbitration was to take place under the rules of the international chamber of commerce (icc) with the place of arbitration in geneva, switzerland. disputes arose between the parties as to whether the indian company was entitled to more money by way of penalty than the foreign company was to get bonus. the indian .....

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