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Oct 18 2019 (SC)

The State of Bihar Vs. M/S Riga Sugar Co. Ltd.

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.7951 of 2019 (Arising out of SLP (C) No.4647 of 2019) THE STATE OF BIHAR & ORS. Versus M/S RIGA SUGAR CO. LTD. .... Appellant(s) . Respondent (s) With Civil Appeal No.7952 of 2019 (Arising out of SLP (C) No.4664 of 2019) THE STATE OF BIHAR & ORS. Versus .... Appellant(s) M/S WELCOME DISTILLERIES PRIVATE LIMITED. . Respondent (s) Civil Appeal No.7957 of 2019 (Arising out of SLP (C) No.3593 of 2019) THE STATE OF BIHAR & ORS. Versus .... Appellant(s) M/S SHIPRA BEVERAGE PRIVATE LIMITED. . Respondent (s) Civil Appeal No.7958 of 2019 (Arising out of SLP (C) No.3595 of 2019) THE STATE OF BIHAR & ORS. Versus .... Appellant(s) M/S K.M. SUGAR MILLS LIMITED. . Respondent (s) 1 | P a g e JUDGMENT L. NAGESWARA RAO, J.These Appeals arise from a judgment of the High 1. Court of Judicature at Patna in the Writ Petitions filed by the Respondents. The Writ Petitions were allowed by the High Court and the Appellant...

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Oct 18 2019 (SC)

Union of India Vs. Shri Harananda

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION M.A. NO.712/2019 IN CIVIL APPEAL NO.1474/2019 Union of India and others Appellants Sri Harananda and others Respondents Versus In the matter of: Sunil Kumar Singh Applicant WITH M.A. NO.774/2019 IN S.L.P. CC NO.5738/2016 ORDER M.R. SHAH, J.M.A. NO.712/2019 IN CIVIL APPEAL NO.1474/2019 M.A. No.712 of 2019 in Civil Appeal No.1474 of 2019 has been preferred at the behest of the Ministry of Home Affairs, Union of India, for the following reliefs:1. allow the present application seeking modification of the order dated 05.02.2019 in Civil Appeal No.1474 of 2019 arising out of S.L.P.(Civil) No.12393 of 2013 and other related Appeals to the effect that the reference to SLP123932013 as reflected in the third line from top of para 26 shall be read after correction as SLP3554835554 of 2015 and thereafter wherever the mention has been made to RPF, the same shall be read as CAPFs under the Ministry of Home Affairs. 2. Having h...

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Oct 18 2019 (SC)

The State of Jharkhand Vs. M/S Hss Integrated Sdn

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE TO APPEAL (C) No.13117 of 2019 The State of Jharkhand & Ors. .. Petitioners Versus M/s HSS Integrated SDN & Anr. .. Respondents JUDGMENT M. R. Shah, J.1. Aggrieved by the impugned judgment and order dated 30.01.2019 passed by the High Court of Jharkhand at Ranchi in Commercial Appeal No.01 of 2018, by which the High Court has dismissed the said appeal preferred by the petitioners herein under Section 37 of the Arbitration and Conciliation Act, 1996 (for short the Arbitration Act) and has confirmed the award declared by the learned Arbitral Tribunal, confirmed by the First Appellate Court, 2 the original appellants have preferred the present special leave petition.2. This special leave petition arises out of the contractual dispute between the petitionersState and the respondents in relation to a consultancy agreement over construction of sixlane Divided Carriage Way of certain parts of Ranchi Ring ...

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Oct 18 2019 (SC)

Kantabai Vasant Ahir Vs. Slum Rehabilitation Authority

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 7784-7787 of 2019 (Arising out of S.L.P. (C) Nos.19206-19209 of 2017) Kantabai Vasant Ahir & Ors. .... Appellant(s) versus Slum Rehabilitation Authority & Ors. . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.In exercise of the power under Section 3C of the 1. Maharashtra Slums Areas (Improvement, Clearance and Re- development) Act, 1971 (hereinafter referred to as the Act), Respondent No.1 declared 5168.50 sq. mts. in Survey Nos. 27 and 28 (Part) at Ramwadi Wadgoan Sheri, Pune as Slum Rehabilitation Area by an Order dated 24.05.2006. The Slum Clearance Order under Section 3D of the Act was passed in respect of the aforementioned land on 01.09.2009. The above orders were subject matter of challenge before the Maharashtra Slum Areas (IC & R) [1]. Tribunal, Mumbai in Appeal Nos.24 and 25 of 2014. The Appeals were partly allowed by the Tribunal. The aforementioned orders dated 24.05.2006 and 01.09.200...

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Oct 18 2019 (SC)

s.p.misra Vs. mohd.laiquddin Khan

Court : Supreme Court of India

C.A. No.3311 of 2015 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3311 OF2015S.P. Misra & Ors. ...Appellants Versus Mohd. Laiquddin Khan & Anr. ...Respondents JUDGMENT R.Subhash Reddy,J.1. This civil appeal is filed by the appellants, in Civil Revision Petition No.4894 of 2006, dated 09.04.2009, passed by the High Court of Judicature, Andhra Pradesh at Hyderabad, whereby the High Court has confirmed the order dated 01.02.2006, in E.A. No.6 of 2005 in E.P. No.122 of 2003 in O.S. No.580 of 1980, passed by the II Senior Civil Judge, City Civil Court, Hyderabad. C.A. No.3311 of 2015 2 2. By the aforesaid order, learned II Senior Civil Judge, City Civil Court, Hyderabad, allowed the application filed by the respondents, under Section 47 of the Code of Civil Procedure, 1908 (for short, C.P.C.).3. All the appellants herein are legal heirs of late Sri Jai Narayan Misra and all the respondents herein are legal heirs of late Smt. Hashmatunnisa Begum. Du...

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Oct 18 2019 (SC)

The State of West Bengal Vs. Indrajit Kundu

Court : Supreme Court of India

Crl.A.No.2181 of 2009 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2181 OF2009State of West Bengal ...Appellant Versus Indrajit Kundu & Ors. ...Respondents JUDGMENT R.Subhash Reddy,J.1. This appeal is preferred by the State of West Bengal through Principal Secretary, Home Department, aggrieved by the judgment and order dated 30.07.2019 passed by the High Court at Calcutta in C.R.R.No.3473 of 2008.2. By the impugned order, the respondents-accused were discharged of the charge framed against them under Section 306 read with Section 34 of Indian Penal Code. The victim, daughter of the de facto complainant was a Crl.A.No.2181 of 2009 2 painter and artist. To improve her proficiency in English, first respondent was appointed as her English teacher. Respondent Nos. 2 and 3 are his parents. There developed intimacy between the victim and first respondent Indrajit in course of coaching. It is the allegation of the complainant that as the deceas...

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Oct 18 2019 (SC)

Principal Commissioner of Income Tax. 6 Vs. M/S I Ven Interactive Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8132 OF2019(Arising out of SLP(C) No.3530/2019) Principal Commissioner of Income Tax, Mumbai Appellant Versus M/s IVen Interactive Limited, Mumbai Respondent JUDGMENT M.R. SHAH, J.Leave granted.2. Feeling aggrieved and dissatisfied with the judgment and order dated 27.06.2018 passed by the High Court of Judicature at Bombay in Income Tax Appeal No.94 of 2016, by which the High Court has dismissed the said appeal preferred by the Revenue and has confirmed the orders passed by the learned C.I.T (Appeals) as well as I.T.A.T quashing and setting aside the assessment order for A.Y. 200607, the revenue has preferred the present appeal. 1 3. That the respondent assessee filed return of income for the Assessment Year 200607 on 28.11.2006 declaring total income of Rs.3,38,71,716/. The said return was filed under E Module Scheme and thereafter a hard copy of the same was filed on 05.12.2006. The return of inco...

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Oct 17 2019 (SC)

Barasat Eye Hospital Thr. Its Rep. Vs. Kaustabh Mondal

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1090 OF2010BARASAT EYE HOSPITAL & ORS. Appellant(s) VERSUS KAUSTABH MONDAL Respondent JUDGMENT SANJAY KISHAN KAUL, J.1. The right of pre-emption holds its origination to the advent of the Mohammedan rule, based on customs which came to be accepted in various courts largely located in the north of India. This law is stated to be largely absent in the south of India on account of the fact that it never formed a part of Hindu law in respect of property. However, this law came to be incorporated in various statutes, both, prior to the Constitution of India (for short the Constitution) coming into force, and even post 1 that.1 The constitutional validity of such laws of pre-emption came to be debated before the Constitution Bench of this Court, in Bhau Ram2. There are different views expressed by the members of the Constitution Bench of five Judges, and also dependent on the various State legislations in ...

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Oct 17 2019 (SC)

The State of Bihar Vs. Devendra Sharma

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7879 OF2019(ARISING OUT OF SLP (CIVIL) No.11885 OF2012 THE STATE OF BIHAR & ORS. .....APPELLANT(S) DEVENDRA SHARMA .....RESPONDENT(S) VERSUS W I T H CIVIL APPEAL No.7883 OF2019(ARISING OUT OF SLP (CIVIL) No.24749 OF2012 CIVIL APPEAL No.7884 OF2019(ARISING OUT OF SLP (CIVIL) No.24753 OF2012 CIVIL APPEAL No.7880 OF2019(ARISING OUT OF SLP (CIVIL) No.20033 OF2012 CIVIL APPEAL No.7881 OF2019(ARISING OUT OF SLP (CIVIL) No.20036 OF2012 CIVIL APPEAL No.7882 OF2019(ARISING OUT OF SLP (CIVIL) No.20038 OF2012 CIVIL APPEAL No.7886 OF2019(ARISING OUT OF SLP (CIVIL) No.157 OF2014 CIVIL APPEAL No.7885 OF2019(ARISING OUT OF SLP (CIVIL) No.152 OF2014 CIVIL APPEAL No.7887 OF2019(ARISING OUT OF SLP (CIVIL) No.2192 OF2014 CIVIL APPEAL No.7888 OF2019(ARISING OUT OF SLP (CIVIL) No.2193 OF2014 CIVIL APPEAL No.7889 OF2019(ARISING OUT OF SLP (CIVIL) No.2191 OF2014 CIVIL APPEAL No.7890 OF2019(ARISING OUT OF SLP (CIVIL) No.2042...

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Oct 17 2019 (SC)

Ongc Labour Union Vs. Ongc Dehradun

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.__8114____OF2019REPORTABLE (ARISING OUT OF SPECIAL LEAVE PETITION (C) No.5805 OF2019 ONGC LABOUR UNION APPELLANT(S) VERSUS ONGC DEHRADUN & ORS. RESPONDENT(S) JUDGMENT Hrishikesh Roy, J.1. Leave granted. Heard Mr. Colin Gonsalves, Learned Senior Counsel 2. representing the appellant. Also heard Mr J.P. Cama, learned Senior Counsel representing Respondent No.1/Writ Petitioner (ONGC). Ms. Alka Agrawal, the learned counsel is representing the Union of India.3. This appeal is filed by the ONGC Labour Union who however were not impleaded in the Writ Petition No.1323 of 2013, filed by the ONGC in the High Court of Uttarakhand. The ONGC had challenged the notification dated 08.09.1994 (Annex P6) issued by the Government of India, under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to 1 as the CLRA Act) prohibiting employment of contract labour in different categories of ...

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