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Apr 16 2018 (SC)

m.p.power Generation co.ltd.. And Anr Vs. Ansaldo Energia Spa and Anr

Court : Supreme Court of India

non-reportable in the supreme court of india civil appellate jurisdiction of 2018 ) no . 39067 of civil appeal no . 3804 s.l.p. ( civil ( arising out of 2013) m.p. power generation co. ltd. & anr. .... appellants versus ansaldo energia spa & anr. .respondents judgment l. nageswara rao, j.leave granted.1. m.p. power generation co. ltd. formerly known as madhya pradesh electricity board (hereinafter referred to as the board ) invited proposals for refurbishment of units 3 and 4 of the thermal power plants at amarkantak having the capacity of 120 mw by a notice inviting tender dated 24th october, 1996. a provisional letter of intent for refurbishment of thermal power plant of 2 x 120 mw phase ii was issued by the board to respondent no.1, ansaldo energia spa (for short the claimant ) on 11th may, 1 1999. thereafter, on 24th august, 1999 four agreements were signed between the claimants and the board viz overall coordination agreement, offshore supply contract, onshore supply contract and onshore services contract.2. a bank guarantee dated 22nd february, 2000 was furnished by the claimants as per clause 9.2 (a) of the onshore supply contract for rs. 9,29,20,000/- (10 per cent of the onshore supply contract price). another bank guarantee was furnished by the claimants on 23rd february, 2000 as per the stipulation in clause 9.2(a) of the offshore supply agreement for us $ 1,708,100/-. the above bank guarantees were given towards advance payment that was to be made by the board. on .....

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Apr 16 2018 (SC)

Mohd. Ali Vs. The State of Himachal Pradesh

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.3803 of2018(arising out of special leave petition (c) no.19160 of2015 mohd. ali .... appellant(s) versus state of h.p. and others .... respondent(s) judgment r.k.agrawal j.1)2) leave granted. the present appeal has been filed against the impugned judgment and order dated 18.11.2014 passed by the division bench of the high court of himachal pradesh at shimla in lpa no.209 of 2011 whereby the high court dismissed the appeal filed by the appellant herein against the judgment and order dated 07.07.2010 passed by learned single judge in cwp no.3761 of 2009. 13) brief facts:- (a) mohd. ali-the appellant herein was engaged as casual labourer in the agriculture seed multiplication farm bhagni, dist. sirmor, himachal pradesh on muster roll basis during the year 1980. he worked as such till the year 1991 under different work schemes i.e., rabi and kharif and completed 240 days in a calendar year during the years 1980, 1981, 1982 and 1986 to 1989. (b) it is the case of the respondents that during the period of engagement, the appellant had worked as follows:- s.no.1.2. 3.4. 5.6. 7.8. 9.10. 11.12. year 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 number of days worked 299 297.5 289.5 126 4.5 227 292 284.5 282 258 195 19.5 2 it is further the case of the respondents that thereafter he abandoned the work without informing the incharge seed multiplication farm bhagani and never returned to .....

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Apr 16 2018 (SC)

Shivaji Yallappa Patil Vs. Ranajeet Appasaheb Patil .

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal no.5012 of2008reportable shivaji yallappa patil .... appellant(s) versus sri ranajeet appasaheb patil & others .... respondent(s) judgment r.k. agrawal, j.1) the above appeal has been filed against the judgment and order dated 29.06.2005 passed by the high court of karnataka at bangalore in regular second appeal no.568 of 2000 whereby learned single judge of the high court allowed the appeal filed by respondent nos. 1 and 2 herein (original plaintiffs) against the judgment and decree dated 25.02.2000 in regular appeal no.29 of 1997 passed by the court of civil judge (sr. division), hukeri and the order dated 21.07.1992 in original suit no.123 of 1986. 12) (a) brief facts: the suit property is an agricultural land situated at khavanewadi village in hukeri taluka bearing survey no.77, measuring 6 acres 8 guntas wherein several persons were owners of their defined shares and were in cultivation till 28.05.1981. later on, the above suit land was divided into two parts as eastern and western measuring 3 acres 4 guntas each. in pursuance to the said partition, the joint owners gave a joint application to the survey department for demarcation of boundary line between the eastern and western land showing their respective names to their respective parts. the land in the ratio of 1/2, 1/6, 1/6 and 1/6 was given to ashabai w/o manohar kulkarni, yashwant kulkarni (husband of respondent no.3 herein), dattaraya .....

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Apr 16 2018 (SC)

Manimegalai Vs. The Special Tehsildar (Land Acquisition Officer) Adi D ...

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal nos. 2294-2295 of2011reportable manimegalai versus the special tahsildar (land acquisition officer) adi dravidar welfare .... appellant(s) .... respondent(s) judgment r.k. agrawal, j.1) the above appeals have been filed against the judgment and order dated 06.11.2009 passed by the high court of judicature at madras in a.s. nos. 88 and 601 of 2001 and cross objection no.27 of 2007 whereby learned single judge of the high court allowed the appeal filed by the respondent while dismissing the cross objection filed by the appellant herein. 12) brief facts: (a) on 15.09.1993, the government of tamil nadu, issued a notification under section 4(1) of the land acquisition act, 1894 (in short the la act ) for acquisition of dry lands for the purpose of providing house sites to 250 landless poor adi dravidars in acharapakkam village, madurandagam taluk, chengai, mgr district, madras, having an extent of 4.30.0 hectares or 10.62 acres. (b) the lands belonging to the appellant herein in survey nos. 300/2a2, 300/3, 302/1a, 302/4, 317/1b2, 302/2b2b and 320/2c2 were part of the said acquisition. the land acquisition officer, after complying with the formalities required in connection with the acquisition of land under the la act, passed an award dated 22.03.1995, determining a sum of rs. 400/- per cent as compensation to the appellant herein. (c) being aggrieved by the meager compensation, a reference under section 18 of .....

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Apr 16 2018 (SC)

Ibi Consultancy India Vs. Dsc Ltd

Court : Supreme Court of India

in the supreme court of india civil original jurisdiction arbitration case (c) no.53 of2016reportable ibi consultancy india private limited petitioner(s) versus dsc limited respondent(s) with arbitration case (c) no.63 of2016arbitration case (c) no.54 of2016arbitration case (c) no.57 of2016judgment r.k.agrawal j.1) the ibi consultancy india private limited-the petitioner-company is the indian subsidiary of the ibi group based in canada. the above petitions, under section 11(6) read with section 11(9) of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ), have been filed by the petitioner-company as well as by the ibi group for appointment of an arbitrator to adjudicate the disputes that 1 have arisen between the parties in connection with the contracts in question.2) the petitioner-company has filed two petitions for the appointment of arbitrator and its parent company viz., ibi group has also filed two petitions of the same nature. since the point of consideration is same in all these four petitions, purpose would be served if we moot the case of either of the petition and would be disposed off by this common judgment. arbitration case no.53 of 20163) the petitioner-company is a multi-disciplinary company engaged in the business of providing system integration and maintenance service for toll and traffic management systems whereas the dsc limited, the respondent-company is a company registered under the companies act, 1956 having two subsidiary .....

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Apr 16 2018 (SC)

Mohammad Yusuf and Ors. Etc. Etc. Vs. The State of Haryana and Ors

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal nos.3807-3825 of2018(arising out of special leave petition (c) no.35281-35299 of2016 mohammad yusuf and others etc. etc. .... appellant(s) versus state of haryana and others. .... respondent(s) with (arising out of special leave petition (c) no.3585 of2017civil appeal no.3826 of2018(arising out of special leave petition (c) nos. 4413-4445 of2017civil appeal nos. 3827-3859 of2018and judgment r.k.agrawal,j12) leave granted. the above appeals have been filed against the impugned common judgment and order dated 03.06.2016 passed by learned single judge of the high court of punjab and haryana at chandigarh in r.f.a. no.6617 of 2012 (o&m) and other 1 connected matters whereby the high court partly allowed the appeal filed by the appellants herein while dismissing the cross appeals of the respondent-state.3) brief facts:- (a) the government of haryana, revenue department, vide notification under section 4 of the land acquisition act, 1894 (hereinafter referred to as the la act ) dated 18.10.2005 has notified the land of village ferozpur namak, tehsil nuh, district mewat for the construction of mini secretariat at district mewat, admeasuring 372 karnals 2 marlas (i.e. 46 acres 4 karnals and 2 marlas). consequently, the government of haryana, vide notification dated 25.05.2006, issued declaration that the land is required for a public purpose. (b) notice under section 9 of the la act was issued to all .....

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Apr 16 2018 (SC)

Lok Prahari, Thr. Its General Secretary s.n. Shukla . Vs. Union of Ind ...

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction reportable civil appeal no. 3798 of 2018 (arising out of special leave petition (civil) no.9584 of 2017) lok prahari, through its general secretary s.n. shukla & another ... appellants versus union of india through its secretary & others ... respondents chelameswar, j.j u d g m e n t1 2. leave granted. this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. 1 members of parliament (hereinafter referred to as mps ) and ex members of parliament (hereinafter referred to as ex mps ), and their spouses/companions/dependents (collectively hereafter referred to as associates ). the 1st appellant sought the following prayers, inter alia, in the writ petition before the allahabad high court:1. 2. 3. declare that the provisions of various amending acts to act 30 of 1954, and particularly those of the amending act 9 of 2004, and amending act no. 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, .....

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Apr 16 2018 (SC)

Navaneethakrishnan Vs. The State by Inspector of Police

Court : Supreme Court of India

reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.1134 of2013navaneethakrishnan versus .... appellant(s) the state by inspector of police .... respondent(s) with criminal appeal nos. 1135-1136 of2013criminal appeal no.1137 of2013judgment r.k. agrawal, j.1) the above appeals are directed against the common judgment and order dated 23.11.2009 passed by the high court of judicature at madras in criminal appeal nos. 639 and 688 of 2009 whereby the division bench of the high court dismissed the appeals filed by the appellants herein against the order dated 18.09.2009 passed by the fast track court no.ii, salem, in sessions case no.21 of 2009 wherein learned 1 additional district & sessions judge convicted the appellants herein under sections 302 read with section 34, section 364 and section 379 of the indian penal code, 1860 (in short the ipc ) and sentenced to undergo imprisonment for life with substantive sentences under the ipc.2) brief facts: (a) a first information report (fir) bearing no.41 of 2008 at ps yercaud, district salem dated 16.02.2008 got registered by mahimaidoss (pw-8) stating that on 14.02.2008, john bosco (since deceased), who was employed as the driver in his travel agency, along with one madhan (since deceased), took a maruti van from him but did not return for two days. (b) on the very next date, i.e., on 17.02.2008, one more fir got registered by one asokan bearing no.88 of 2008 stating that when he went to irrigate .....

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Apr 13 2018 (SC)

Kerala Ayurveda Paramparya Vaidya Forum Vs. State of Kerala .

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.897 of2009kerala ayurveda paramparya vaidya forum .... appellant(s) versus state of kerala and others .... respondent(s) civil appeal no.898 of2009civil appeal no.899-900 of2009with civil appeal no.901 of2009civil appeal no.902 of2009civil appeal no.903 of2009civil appeal no.904 of2009civil appeal no.905 of2009judgment r.k. agrawal, j.1) the above appeals have been filed against the judgment and order dated 08.01.2003 passed by the division bench of the high court of kerala at ernakulam in o.p. no.24109 of 1 2001 and connected matters whereby the high court had dismissed the petitions filed by the appellants herein.2) (a) brief facts: in the state of kerala, a number of persons are practicing in sidha/unani/ayurveda system of medicine called as paramparya vaidyas and passing their knowledge and experience to their descendants by way of training and practice. normally, almost all the descendants in the family get training in the same field and adopt this as a profession and means of livelihood. (b) kerala ayurveda paramparya vaidya forum (in short the forum ) the appellant herein is an association of paramparya vaidyas in travancore-cochin, registered under the travancore-cochin literary, scientific and charitable societies registration act, 1955. the main objective of the forum is the welfare of its members and to render assistance for practice in indigenous medicines. (c) pursuant to the .....

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Apr 13 2018 (SC)

M/S Oswal Woollen Mills Ltd. Vs. M/S Oswal Agro Mills Ltd.

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.3776 of2018(arising out of special leave petition (c) no.558 of2014 m/s oswal woollen mills ltd. .... appellant(s) versus m/s oswal agro mills ltd. .... respondent(s) judgment r.k. agrawal, j.1) leave granted.2) the present appeal is directed against the final judgment and order dated 22.10.2013 passed by the high court of delhi at new delhi in fao (os) no.211 of 2007 whereby a division bench of the high court dismissed the appeal filed by the appellant herein while upholding the order dated 17.04.2007 passed by learned single judge of the high court. 13) (a) brief facts: the appellant company-m/s oswal woolen mills ltd. and the respondent company-m/s oswal agro mills limited are companies incorporated under the companies act and are carrying on the business of manufacturing and trading of vegetable oils, soaps, chemicals, petrochemicals, woolen and related products. (b) both the parties entered into an agreement dated 30.03.1982 in terms whereof the appellant company appointed the respondent company as its agent in accordance with the handbook of import export procedure, 1981-82 in order to advice, assist and guide the appellant company to import materials under the rep licences for a cif value of rs. 1,85,95,100/- only with remuneration at the rate of 5% (per cent) of the cif value of the goods imported along with all costs/expenditure incurred. (c) out of the total value of the materials .....

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