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May 17 2019 (SC)

Century Metal Recycling Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APELLATE JURISDICTION REPORTABLE (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.33602 OF2017 CIVIL APPEAL No.5011 OF2019CENTURY METAL RECYCLING PVT. LTD. AND ANOTHER .. APPELLANT(S) VERSUS UNION OF INDIA AND OTHERS .. RESPONDENT(S) JUDGMENT SANJIV KHANNA, J.Leave granted.2. Impugned order dated 12th September, 2017 passed by the Division Bench of the High Court of Judicature at Allahabad dismisses Writ Petition Tax No.307 of 2017 filed by the appellants, namely M/s Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, inter alia, on the grounds that the High Court would not exercise extraordinary jurisdiction under Article 226 of the Constitution of India as the matter relates to the valuation of imported aluminium scrap which could be assailed in a statutory appeal and it would not be appropriate for the writ court to decide whether the appellant had or had not agreed to valuation by the customs authorities. Civil Appeal arising out of SL...

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May 10 2019 (SC)

b.k. Pavitra Vs. Union of India

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/INHERENT/ORIGINAL JURISDICTION M A No.1151 of 2018 In Civil Appeal No.2368 of 2011 B K Pavitra and Ors ...Appellants Versus The Union of India and Ors ...Respondents With Review Petition (c) Diary No.7833 of 2017 With Review Petition (c) Diary No.10240 of 2017 With Review Petition (c) Diary No.10258 of 2017 With 1 Review Petition (c) Diary No.10859 of 2017 With Review Petition (c) Diary No.12622 of 2017 With Review Petition (c) Diary No.12674 of 2017 With Review Petition (c) Diary No.13047 of 2017 With Review Petition (c) Diary No.14563 of 2017 With Review Petition (c) Diary No.16896 of 2017 With M A No.1152 of 2018 In Civil Appeal No.2369 of 2011 With Writ Petition (c) No.764 of 2018 With Writ Petition (c) No.769 of 2018 With 2 Writ Petition No.791 of 2018 With Writ Petition (c) No.823 of 2018 With Writ Petition (c) No.827 of 2018 With Writ Petition (c) No.850 of 2018 With Writ Petition (c) No.875 of 2018 With Writ Petition (c) ...

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May 10 2019 (SC)

Rakesh Tiwari, Advocate Vs. Alok Pandey, Cjm

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1223 OF2015RAKESH TIWARI, ADVOCATE APPELLANT VERSUS ALOK PANDEY, C.J.M. RESPONDENT JUDGMENT ARUN MISHRA, J.1. The appellant, advocate, has been convicted for his undesirable conduct by the High Court vide impugned judgment and order under the Contempt of Courts Act and has been sentenced to simple imprisonment of six months and a fine of Rs.2000/- and in case of non-payment of fine, to undergo simple imprisonment for a further period of 15 days. He has also been directed not to enter the premises of the District Judgeship, Allahabad for a period of six months w.e.f. 15.7.2015 and the contemnor shall remain under constant watch of the District Judge, Allahabad, for a period of two years; and in case of any objectionable conduct, causing interference in peaceful and smooth functioning of the court, the District Judge has been asked to report the matter to the High Court.2. The contemnor has be...

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May 10 2019 (SC)

Sukhpal Singh Khaira Vs. The State of Punjab

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.885 OF2019(Arising out of SLP (Crl.) No.9063 of 2017) SUKHPAL SINGH KHAIRA ...APPELLANT (S) VERSUS THE STATE OF PUNJAB RESPONDENT (S) with CRIMINAL APPEAL No.886 OF2019(Arising out of SLP (Crl.) No.9150 of 2017) JOGA SINGH AND ANOTHER .APPELLANT (S) THE STATE OF PUNJAB RESPONDENT (S) VERSUS1 Leave granted. ORDER2 These Criminal Appeals are filed against the impugned judgment and order of the High Court of Punjab and Haryana, dated 17.11.2017, passed in Criminal Revision No.4070 of 2017 and Criminal Revision No.4113 of 2017, wherein the High Court 1 dismissed the Criminal Revision Petitions and upheld the order of the Trial Court summoning the accusedappellants herein, under Section 319 of the Code of Criminal Procedure, 1973 [hereinafter CrPC for brevity]..3. The factual narration of this case is that on 05.03.2015, a First Information Report was lodged in the Police Station Sadar, Jalalabad ...

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May 10 2019 (SC)

The Superintending Engineer Twad Board Vs. M. Natesan and Ors.

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NOS. 4875-4884 OF2019(Arising out of SLP(C) Nos.21962-21971 OF2018 THE SUPERINTENDING ENGINEER ...Appellants TWAD BOARD & ANOTHER VERSUS M. NATESAN ETC. ...Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals arise out of the judgment dated 16.12.2016 passed by the High Court of Madras in Writ Appeal No.1434 of 2016 and batch in and by which the High Court has affirmed the order of the learned Single Judge directing reinstatement and the back wages at 50%.3. Between 1986-89, the respondents were engaged as Store Watchman on daily wages under NMR basis temporarily in newly created Sectional stores in various Sub Divisions under the control of Rural Water Supply (RWS) Divisions, Nagercoil. In the Engagement Order, it has been specifically mentioned that the 1 engagement on daily wage basis will be purely temporary and the services will be terminated when the requirement is over and that they...

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May 10 2019 (SC)

The State of Bihar Vs. The Bihar Secondary Teachers Struggle Committee ...

Court : Supreme Court of India

Civil Appeal No of 2019 @ SLP(C)No.20 of 2018 etc. 1 State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO.20 OF2018 CIVIL APPEAL No.4862 OF2019STATE OF BIHAR & ORS. Appellants VERSUS THE BIHAR SECONDARY TEACHERS STRUGGLE COMMITTEE, MUNGER & ORS. Respondents WITH (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.708 OF2018 CIVIL APPEAL No.4872 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.238 OF2018 CIVIL APPEAL No.4867 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.242 OF2018 CIVIL APPEAL No.4866 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.169 OF2018 CIVIL APPEAL No.4864 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.162 OF2018 CIVIL APPEAL No.4865 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.254 OF2018 CIVIL APPEAL No.4869 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.164 O...

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May 10 2019 (SC)

Jitender Kumar @Jitender Singh Vs. The State of Bihar

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.888 OF2019(Arising out of S.L.P.(Crl.) No.3502 of 2019) Jitender Kumar @ Jitender Singh .Appellant(s) VERSUS The State of Bihar .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is directed against the final judgment and order dated 28.03.2019 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.5293 of 2019 whereby the High 1 1 Court dismissed the petition filed by the appellant herein.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. By impugned order, the High Court (Single Judge) dismissed the petition filed by the appellant herein under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.) and, in consequence, affirmed the order dated 09.04.2015 passed by the Chief Judicial Magistrate, Jamui in connection with P.S. Case No.154 of 2013 whereby the appellant along...

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May 10 2019 (SC)

Kumud W/O Mahadeorao Slunke Vs. Shri Pandurang Narayan Gandhewar Throu ...

Court : Supreme Court of India

1 Reportable Civil Appeal No.____ of 2019 @ SLP(C) No.10469 of 2016 Kumud w/o Mahadeorao Salunke vs. Shri Pandurang Narayan Gandhewar Through Lrs. & Ors. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._4873__ OF2019(Arising out of SLP(C) No.10469 of 2015) KUMUD W/O MAHADEORAO SALUNKE Appellant(s) VERSUS SHRI PANDURANG NARAYAN GANDHEWAR THROUGH LRS. & ORS. Respondent(s) JUDGMENT Uday Umesh Lalit, J.1. Leave granted.2. This appeal arises out of Judgment and Order dated 19.06.2014 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No.2199 of 2003.3. The appellant, landlord of the premises in question sought permission of the Rent Controller under the provisions of C.P. and Berar Letting of Houses and Rent Control Order, 1949 seeking eviction of the respondent on the grounds that he bona fide required the premises and that the respondent was habitual defaulter in paying rent to the appellant. After the Rent controller granted...

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May 10 2019 (SC)

Anjum Hussain Vs. Intellicity Business Park Pvt Ltd

Court : Supreme Court of India

CIVIL APPEAL No.1676 OF2019ANJUM HUSSAIN & ORS. VS. INTELLICITY BUSINESS PARK PVT. LTD. & ORS. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1676 OF20191 Reportable ANJUM HUSSAIN & ORS. Appellant(s) VERSUS INTELLICITY BUSINESS PARK PVT. LTD. & ORS. Respondent(s) JUDGMENT Uday Umesh Lalit, J.1. This appeal under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) is directed against the Judgment and Order dated 10.10.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi (the National Commission, for short) in Consumer Case No.2241 of 2018 preferred by the appellants.2. The appellant no.1 had booked an office space admeasuring about 440 sq.ft in a project consisting of residential units, shops and offices launched by the respondent. The Builder Buyer Agreement was executed between the appellant no.1 and the respondent on 02.12.2013, whereunder the respondent was to deliver possession of the office unit...

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May 10 2019 (SC)

Narad Patel Vs. The State of Chhattisgarh

Court : Supreme Court of India

CRIMINAL APPEAL No.. [email protected] SLP(CRL.) No.1907 OF2019NARAD PATEL VS. SATE OF CHHATTISGARH1Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.883 OF2019(Arising out of Special Leave Petition (Criminal) No.1907 of 2019) NARAD PATEL Appellant STATE OF CHHATTISGARH Respondent VERSUS JUDGMENT Uday Umesh Lalit, J.1. Leave granted.2. This appeal challenges the correctness of the final Judgment and Order dated 27.11.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.1101 of 2002.3. The appellant was tried in Special Case no.13 of 2002 on the file of the Special Judge, Raigarh, Chhattisgarh for having committed offences punishable under Sections 294, 506-B of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act, for short). It was alleged that during the night intervening 30.09.2001 and 01.10.2001 the appellant had cut the hedge (Medh) of the paddy field ...

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