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Mar 24 2017 (SC)

M/S Bhuwalka Steel Industries.Ltd and Anr Vs. U.O.I and Ors

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.7823 of2014m/s. bhuwalka steel industries ltd. & another ... appellants versus union of india & others ... respondents with civil appeal no.7825 of2014civil appeal no.7824 of2014judgment chelameswar, j.1. these three appeals are factually interconnected and also raise a common question of law.2. the appellants in civil appeal no.7823/2014 m/s. bhuwalka steel industries ltd. originally owned three (3) industrial units (hot re-rolling steel mills) located in the state of karnataka. subsequently, two of those units came to be acquired by the appellants in the other two appeals in this batch. further details of the acquisition may not be relevant for the purpose of this judgment.3. the production activity carried on by the three industrial units of these appellants is subject to levy of excise duty under the central excise & salt act, 1944 (hereafter the act ). section 3[1]. of the act is the basic charging section.4. however, by the finance act, 1997, section 3a[2]. came to be introduced in the act. section 3a. determination of annual capacity of production of the factory for levy of excise duty. (1) notwithstanding anything contained in section 3, where the central government, having regard to the nature of the process of manufacture or production of excisable goods of any specified description, the extent of evasion of duty in regard to such goods or such other factors as may be relevant, is .....

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Mar 24 2017 (SC)

The Indian Institute of Information Technology, Deoghat Jhalwa Allahab ...

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal nos. 4406-4418 of2017(arising out of s.l.p.(c) nos. 13914-13926 of 2016) the indian institute of information technology, deoghat jhalwa allahabad and another, etc. ... appellant (s) versus dr. anurika vaish and others, etc. ... respondent (s) with civil appeal nos. 4419-4420 of2017(arising out of s.l.p.(c) nos. 3566-3567 of 2017) judgment kurian, j.: leave granted. certain appointments to the post of professor, associate professor and assistant professor made in various divisions of the appellant-institute, pursuant to advertisement dated 30.01.2013, were subsequently cancelled by the board of management ( board ). the selection was held on 06.04.2013 and the incumbents were appointed accordingly. the board, in its eighth meeting, as item no.16, took a decision to cancel the appointments. the relevant consideration reads as follows: item no.16 to consider the status report on selection of academic staff done on april 6, 2013. the board considered the status report on the selection of the academic staff and deliberated upon it at length. in the context, in addition to the minutes as at item no.1 of this meeting, it was apprised by some board members that the advertisement brought out by iiita for these selections was not as per norms. also for some of the appointments, eligibility criteria were unduly relaxed, taking incorrect pretext of the earlier bom resolutions. the board also noticed that through a go .....

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Mar 24 2017 (SC)

Union of India and Ors. Vs. Rakesh Kumar and Ors.

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.3938 of2017(arising out of slp (c) no.23723 of2015union of india & ors. .... appellants versus rakesh kumar & ors. .... respondents with c.a .no.3939 of2017(arising out of slp(c)no.23725 of2015, c.a. no.3940 of2017(arising out of slp(c)no.3382 of2016, c.a. no.3941 of2017(arising out of slp(c) no.28597 of2016, c.a. no.4384 of2017(arising out of slp(c)no.821 of2017, c.a. no.3943 of2017(arising out of slp(c) no.8365 of2017@ccno.1516/2017 and c.a. no.3944 of2017(arising out of slp(c) no.3719 of2017) judgment ashok bhushan, j.these appeals have been filed by the union of india, divisional railway manager, northern railway alongwith few other railway authorities challenging judgments of delhi high court by which writ petitions filed by the appellants have been dismissed. all the appeals raise similar questions of law and are based on almost identical facts. it shall be sufficient to note the facts of c.a. no.3938 of 2017 arising out of slp (c) no.23723 of 2015 in detail for appreciating the issues raised in this batch of appeals. ca no.3938 2017(arising out of slp(c) no.23723 of2015 2. the respondents to the appeal were initially appointed as casual labour in the northern railway, after working for one or more years, they were granted temporary status and subsequently regularised against regular posts. for example, the respondent no.1 was engaged on casual basis from 27.06.1984 and w.e.f. 22.06. .....

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Mar 24 2017 (HC)

Saraf Agencies Pvt. Ltd. and Anr. Vs. Federal Agencies for State Prope ...

Court : Kolkata

in the high court at calcutta ordinary original civil jurisdiction original side a.p.no.1038 of 2016 saraf agencies pvt.ltd.& anr. versus federal agencies for state property management & anr. for the petitioners:- mr.jishnu saha..sr.adv mr.ishan saha ms.riti basu advocates for the respondents:- mr.ratnanko banerjee, sr.adv.mrs.ritu valla mr.m.manukrishnan ms.prapa ganguly advocates judgement on: - 24th march, 2017 i.p.mukerji, j. in this application, under section 34 of the arbitration and conciliation act, 1996, an interim arbitral award made on 14th october, 2016 is challenged. it was made and published by a panel of three very distinguished judges of our country, justice s.c.agrawal, justice d.p.wadhwa and justice s.b.sinha. the claimants /petitioners were directed to pay a sum of rs.135,16,92,947.73 to the account of tppl within one month from the date of the award, failing which they would have to pay interest @ 24% p.a.from the date of the interim award till the date of payment. the arbitration and conciliation (amendment) act, 2015 was enacted by parliament and came into force on 23rd october, 2015. thus, the arbitration was commenced, held, concluded and the award passed before coming into force of the amendment act. by section 19 of the said amendment act 2015 section 36 was replaced by a new section 36 which as follows: 36. enforcement. (1) where the time for making an application to set aside the arbitration award under section 34 has expired, then, subject to the .....

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Mar 22 2017 (SC)

Dinshaw Rusi Mehta and Anr. Vs. State of Maharastra and Ors.

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.4375 of2017(arising out of slp (c) no.30666/2015) dinshaw rusi mehta & anr. .appellant(s) versus the state of maharashtra & ors. respondent(s) judgment abhay manohar sapre, j.1) leave granted.2) this appeal is filed against the final judgment and order dated 30.04.2015 passed by the high court of bombay in writ petition (c) no.938 of 2013 whereby the high court rejected the petition filed by the appellants herein for quashing and setting aside the judgment/order dated 06.08.2011 passed by the charity commissioner-respondent no.2 herein vide which the charity commissioner has granted permission to the respondents under section 36 of the bombay public trusts act 1950 on the conditions stipulated therein.3) we herein set out the facts, in brief, to appreciate the issues involved in this appeal.4) there is one public and charitable trust called "parsi lying-in hospital" (hereinafter referred to as plih ) having its office at a.k.naik marg, fort mumbai. the trust is registered under the provisions of the bombay public trusts act,1950-now substituted by the maharashtra public trusts act (hereinafter referred to as "the act ).5) the plih owned a land admeasuring 1,294 sq. yards together with garden of 624 sq. yards on c.s. nos. 741 and 742, flora fountain at mumbai. the secretary of state for india in council had allotted this land to plih for a period of 99 years by executing indenture of lease. .....

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Mar 22 2017 (HC)

Vs. India Steam Laundry(P) Ltd.Defendant/Re

Court : Kolkata

in the high court at calcutta original side case no.ca/563 of 2013 prasanta kumar mitra and ors. plaintiff/petitioner/appeallant versus india steam laundry(p) ltd. defendant/respondent for petitioner : for respondent : judgement date :22. 03/2017 before : hon'ble justice arijit banerjee in the high court at calcutta original jurisdiction original side ca563of 2013 with cp611of 1988 cc43of 2014 prasanta kumar mitra & ors. -vs. india steam laundry (p) ltd. & ors. before : the hon ble justice arijit banerjee for the petitioners : mr. s. b. mookherjee, sr. adv. mr. p.c. sen, sr. adv. mr. raj ratan sen, adv. mr. domigo gomes, adv. mr. somitra dutta, adv. mrs. roopa mitra, adv. for the respondent nos. : mr. jaydip kar, sr. adv. 13 &14 for the respondent nos. : mr. joy saha, sr. adv. 15, 16, & 17 mr. subhojit saha, adv. heard on :23. 08.2016, 10.11.2016, 17.11.2016, 30.11.2016, 03.01.2017, 25.01.2017 cav on :14. 02.2017 judgment on :22. 03.2017 arijit banerjee, j.:(1) company petition no.611 of 1998 filed under sections 155, 237, 397, 398, 399, 402, 403 and 406 of the companies act, 1956 along with connected applications have been assigned to me by the hon ble the chief justice for hearing and disposal. at the very outset the question arose as to whether or not the high court still has jurisdiction to hear and dispose of the said company petition in view of section 434 of the companies act, 2013, (hereinafter referred to as the 2013 act ) having come into force recently. hence, i .....

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Mar 21 2017 (SC)

Ali Mohammad Beigh and Ors Vs. State of J and K

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal nos. 4295-4297 of2017(arising out of slp(c) nos.3726-3728 of 2016) ali mohammad beigh and ors. appellants versus state of j & k ...respondent judgment r. banumathi, j.leave granted.2. these appeals arise out of the common judgment and order dated 24.09.2013 and 15.05.2015 passed by the high court of jammu and kashmir at srinagar dismissing cia no.211 of 2009 along with cross appeal no.64 of 2011 and review petition civil no.07 of 2013 affirming the compensation of rs.2,50,000/- per kanal awarded to the appellants by the reference court.3. brief facts which led to filing of these appeals are as follows: notification dated 16.06.1997 was issued by the collector, lakes and waterways development authority (lawda), srinagar vide no.c- lda/452-64, under section 4(1) of the jammu and kashmir land acquisition act for the acquisition of land measuring 505 kanal 06 marlas situated at chandapora, tehsil and district srinagar, for the construction and development of housing colony for the resettlement of dislocated families of the dal dwellers. on 01.06.1999, a final award was passed by the collector, lawda, srinagar under the jammu and kashmir land acquisition act vide no.g-lda29398 in respect of land measuring 505 kanal 06 marlas situated at chandapora, tehsil and district srinagar. the land acquisition officer assessed the compensation amount payable to the applicants/estate holders at the rate of rs.1, .....

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Mar 21 2017 (SC)

Neeraj Kumar Sainy and Ors. Vs. State of U.P and Ors.

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.11974 of2016(arising out of s.l.p. (civil) no.27906 of 2016) neeraj kumar sainy and ors. appellant(s) versus state of u.p. and ors. respondent(s) judgment dipak misra, j.the appellants invoked the jurisdiction of the high court of judicature at allahabad, lucknow bench, lucknow in writ petition no.21038 of 2016 for issue a writ of mandamus commanding the opposite parties, namely, state of uttar pradesh, king george s medical university, coordinator, u.p. post graduate medical entrance examination, 2016 (uppgmee, 2016) and medical council of india (mci) to complete the process of counselling by holding the second, third and mop-up round of counselling as prescribed in the information brochure issued for the uppgmee, 2016 and to ensure that no seats in any of the courses advertised in the information brochure are allowed to go vacant for the academic year 2016-2017.2. the facts which are requisite to be stated are that the appellants had appeared in the written test of uppgmee-2016 and after being declared successful, they participated in the first round of counselling which was held from 04.04.2016 to 08.04.2016. the candidates who got selected in the said counselling joined their respective seats allotted to them. the case of the appellants before the high court was that as per the information brochure, minimum three round of counsellings are to be held and in case sufficient number of seats .....

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Mar 21 2017 (SC)

Ram Kishan Fauji Vs. State of Haryana and Ors.

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.4288 of2017(arising out of s.l.p. (civil) no.15362 of 2016) ram kishan fauji ... appellant versus state of haryana and ors. ... respondents judgment dipak misra, j.leave granted.2. the chief secretary to the government of haryana in exercise of power under section 8(1) of the haryana lokayukta act, 2002 (for brevity, the act ) made a reference to the lokayukta, haryana to enquire into the allegations, namely, (i) whether the allegations of bribery levelled in the alleged compact disc (cd) are correct, (ii) whether change of land use (clu)/licence was granted in pursuance of these allegations, and (iii) whether by such act, any illegality was committed. the said reference was registered as complaint no.773 of 2013 in the office of the lokayukta, haryana.3. acting on the reference made by the chief secretary, the office of the lokayukta issued a public notice requesting the public in general to send any such material including video compact disc (vcd) connected with the subject in issue. apart from the public notice, communications were sent to various departments of the government, television channels and newspapers for furnishing all materials to find out the allegations of corruption against the persons who have been named in the complaint.4. as the facts would unfold, the lokayukta, haryana, issued notice to the appellant in exercise of power under section 14 of the act to offer his .....

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Mar 21 2017 (SC)

M/S. Brakewel Automotive Components (India) Pvt. Ltd. Vs. P.R. Selvam ...

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal nos. 4313-4314 of2017(arising out of s.l.p (c) nos.20745-20746 of2016 m/s. brakewel automotive components (india) pvt. ltd. . appellant versus p.r. selvam alagappan ....respondent judgment amitava roy,j.leave granted.2. the subject matter of impeachment is the order dated 3.6.2016 rendered in crp (npd) 1499 of 2016 and cmp no.8225 of 2016 by the high court of judicature at madras, thereby rejecting the prayer of the appellant/plaintiff/decree-holder (for short, hereinafter to be referred to as the appellant ) to eschew evidence of the respondent/defendant/judgment-debtor (for short, hereinafter to be referred to as the respondent ) in a proceeding under section 47 of the code of civil procedure, 1908 (as amended) (hereinafter to be referred to as cpc/code ), as well as to dismiss such application as not maintainable. by the order impugned, the high court has affirmed the determination made to the same effect by the executing court.3. we have heard mr. j.s. bakshi, learned counsel for the appellant and mr. m.p. parthiban, learned counsel for the respondent.4. the genesis of the present lis is traceable to civil suit (os) no.1690 of 2010 instituted before the high court of delhi at new delhi by the appellant against the respondent arrayed as the proprietor of m/s. kargaappa auto products and m/s paans auto products for recovery of rs. 20,94,953/- arising from business transactions between the .....

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