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May 02 2016 (SC)

Modern Dental College and Res.Cen. and Ors. Vs. State of Madhya Prades ...

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.4060 of2009|modern dental college and | | |research centre & ors. |.....appellant(s) | |versus | | |state of madhya pradesh & ors. |.....respondent(s) | w i t h civil appeal no.4061 of2009civil appeal no4062of2009civil appeal no4063of2009civil appeal no4064of2009a n d civil appeal no4065of2009judgment a.k. sikri, j.in all these appeals, validity and correctness of the common judgment dated may 15, 2009 passed by the high court of madhya pradesh, principal bench at jabalpur, has been questioned. the appellants in these appeals had filed writ petitions challenging the validity/vires of the provisions of the statute passed by the state legislature, which is known as 'niji vyavasayik shikshan sanstha (pravesh ka viniyaman avam shulk ka nirdharan) adhiniyam, 2007' (hereinafter referred to as the 'act, 2007'). the appellants also challenged vires of admissions rules, 2008 (for short, 'rules, 2008') and the madhya pradesh private medical and dental post graduate courses entrance examination rules, 2009 (for short, 'rules, 2009') which have been framed by the state government in exercise of the power conferred upon it vide section 12 of the act, 2007. the aforesaid act and rules regulate primarily the admission of students in post graduate courses in private professional educational institutions and the provisions are also made for fixation of fee. in addition, the said act and rules also contain .....

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May 02 2016 (SC)

Patel Ravjibhai Bhulabhai (D)thr. Lrs. Vs. Rahemanbhai M.Shaikh(D) Thr ...

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal no.4683 of2016(arising out of s.l.p. (civil) no.9513 of 2013) patel ravjibhai bhulabhai (d) thr. lrs. ..appellants versus rahemanbhai m. shaikh (d) thr. lrs. & ors. . .respondents judgment prafulla c. pant, j.leave granted. this appeal is directed against judgment and decree dated 20/21/24-09-2012, passed by high court of gujarat at ahmedabad, whereby second appeal no.107 of 1994 is allowed, and dismissal of suit by trial court as affirmed by first appellate court is reversed. the suit of the respondents/plaintiffs for redemption of suit property is decreed by high court on the payment of rs.10,000/- within a period of six months by the plaintiffs from the date of the decree. we have heard learned counsel for the parties and perused the papers on record. brief facts of the case are that original plaintiffs shaikh rahemanbhai mohamadbhai (since died) and shaikh ismailbhai moahamadbhai, executed a deed dated 30.12.1960 in favor of defendant nos. 1 and 2, namely, patel ravjibhai bhulabhai (since died) and patel dahyabhai bhudarbhai, which was titled as conditional sale, for a sum of rs.10,000/- providing therein that if the repayment is made within a period of five years, the defendants shall give back the property in suit with possession to the plaintiffs with further stipulation that the plaintiffs would have no right to get back the property after the expiry of the period of five years. the plaintiffs .....

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May 02 2016 (HC)

Dipak Kumar Mukherjee Vs. Coal India Ltd. and Ors.

Court : Kolkata

o-23 wp no.547 of 2010 in the high court at calcutta constitutional writ jurisdiction original side dipak kumar mukherjee versus coal india ltd.& ors.before: the hon'ble justice sanjib banerjee date : 2nd may, 2016. appearance: mr.swapan kr. dutta, adv.mr.dipankar das gupta, adv.mr.sambuddha dutta, adv..for the petitioner mr.l.k. gupta, sr.adv.mr.kalimuddin mondal, adv.the court : the grievance of the petitioner herein is that a promotion that was due to the petitioner in july of 2008 was originally stalled on the ground that the employer contemplated instituting disciplinary action against the petitioner, it was subsequently denied to the petitioner on the ground that the disciplinary action was instituted against the petitioner and it was finally declined, notwithstanding the initial disciplinary action being dropped, on the ground that a minor penalty had been slapped on the petitioner in the subsequent disciplinary action by the time the firs.action had been abandoned. the petitioner was then the senior manager (vigilance) in the legal department of coal india limited. the petitioner s case for promotion was considered by a departmental promotional committee and there is no dispute that the petitioner was recommended for promotion and the petitioner would have obtained the same within reasonable time of july, 2008. however, at such inopportune time for the petitioner, a complaint surfaced to the effect that the petitioner had induced his superiors or the employer to pass .....

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Apr 29 2016 (SC)

Mohammad Sadique Vs. Darbara Singh Guru

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal no.4870 of2015mohammad sadique appellant versus darbara singh guru respondent judgment prafulla c. pant, j.this appeal, preferred under section 116a of the representation of the people act, 1951, is directed against judgment and order dated 07.04.2015, passed by high court of punjab and haryana at chandigarh, in ep no.1/2012, whereby election petition filed by respondent has been allowed, and election of the appellant from 102-bhadaur (scheduled caste) assembly constituency in punjab, has been set aside.2. brief facts of the case are that general elections were held to punjab legislative assembly, in january, 2012. last date of filing of nomination papers was 12.01.2012. date for scrutiny of nomination papers was 16.01.2012. and polling was held on 30.01.2012. the counting of votes was done on 06.03.2012, in which appellant was declared elected.3. election petitioner (respondent herein) filed his nomination papers as a candidate of shiromani akali dal. the appellant was a candidate from indian national congress. there were other 17 candidates in the fray. seven independent candidates withdrew their candidature, as such, only 12 were left in the field. since bhadaur constituency was reserved for scheduled castes, only the candidates belonging to scheduled castes were qualified to contest the election under section 5 (a) of the representation of the people act, 1951 (hereinafter rp act ).4. it appears that .....

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Apr 29 2016 (HC)

Ramashray Prasad ? Ramashray Prasad Singh Vs. State of Jharkhand

Court : Jharkhand

1 cr. appeal (s.j) no. 169 of 2001 [against the judgment of conviction dated 10.05.2001 and the order of sentence dated 11.05.2001 delivered by learned 7 th additional sessions judge, palamau in s. t. no. 137/95.] ramashray prasad @ ramashray prasad singh appellant versus the state of jharkhand ... respondent present hon'ble mr. justice anant bijay singh for the appellant: mr. anurag kashyap for the respondent: mrs. vandana bharti, a.p.p cav on 18.04.2016 pronounced on 29.04.2016 this appeal has been preferred by the sole appellant, namely, ramashray prasad @ ramashray prasad singh who stood convicted under sections 307 and 323 i.p.c and was ordered to go rigorous imprisonment for seven years under section 307 i.p.c and six months under section 323 i.p.c however, both the sentences were directed to run concurrently and he was acquitted of the charges under sections 147, 504 and 341 ipc vide judgment dated 11.05.2001 passed in s. t. no. 137 of 1995 by sri ramanuj narayan, learned 7th additional sessions judge, palamau at daltonganj. 2. the case of the prosecution, as has been recorded in the written report of the informant mungeshwar ram (pw.4), addressed to the officer in charge, sadar daltonganj, palamau is that on 19.02.1994 at about 9 a.m while the informant along with his family members was in his residential house at abadganj, p.s. daltonganj, accused ramashray prasad singh, bhola ram, shyamu ram, ram singh, malti devi, asha devi and kaili devi, all armed with lathi and .....

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Apr 29 2016 (HC)

Bharat Mahto and Ors. Vs. State of Jharkhand

Court : Jharkhand

1 cr. appeal (s.j) no. 798 of 2002 [against the judgment of conviction and order of sentence dated 09.11.2002 delivered by sri r.k. srivastava additional sessions judge, f.t.c. 3rd bokaro in s.t. no. 609 of 1993] 1. bharat mahato 2. hukumlal mahato 3. gulab chand mahato, s/o hukumlal mahato 4. rajendra mahato, s/o bharat mahato, all r/o village bhuia dwarika, p.s. chas(m), dist. bokaro appellants versus the state of jharkhand ... respondent present hon'ble mr. justice anant bijay singh for the appellants : mr. a.k. sahani, advocate for the state : mr. vijay kumar gupta, a.p.p cav on 18.04.2016 pronounced on 29/04/2016 this appeal has been preferred by the appellants, namely, bharat mahato, hukumlal mahato, gulab chand mahato and rajendra mahato, they stood convicted under sections 307 i.p.c and were ordered to go rigorous imprisonment for five years vide judgment dated 09.11.2002 passed in s. t. case no. 609 of 1993 by sri r.k. srivastava, learned additional sessions judge, f.t.c. 3rd, bokaro. 2. the case of the prosecution, as has been recorded in the fardbeyan of hublal rajwar by s.i., r.b. mahto of chas (m) police station on 28.09.1988 at 10:45 hrs. in referal hospital, chas alleging that in the morning the cousin of the informant, bhola rajwar (p.w.4) along with his nephew had gone to field in order to harvest sinduwar. in the meanwhile, bharat mahto, 2 hukum lal mahto, gulab chand mahto and rajendra mahto came and asked why he is harvesting sinduwar, thereafter hot .....

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Apr 29 2016 (HC)

Vijeta Projects and Infrastructure Ltd Through Its Managing Director P ...

Court : Jharkhand

in the high court of jharkhand at ranchi w.p. (c) no. 1923 of 2016 --- 1. vijeta projects and infrastructure ltd., having its regd. office at west morabadi ground, p. o. ranchi university, p. s. bariatu, district ranchi, through its managing director, parma singh, son of late jung bahadur singh, resident of west morabadi maidan, p. o. ranchi university, p. s. bariatu, district ranchi 2. parma singh, son of late jung bahadur singh, resident of west morabadi maidan, p. o. ranchi university, p. s. bariatu, district ranchi petitioners versus 1. state of jharkhand, through chief secretary, nepal house, govt of jharkhand, p. o. & p. s. dhurwa, dist ranchi 2. the principal secretary, road construction department, government of jharkhand, ranchi, p. o. & p. s. dhurwa, dist ranchi 3. engineer-in-chief, road construction department, government of jharkhand, ranchi, p. o. & p. s. dhurwa, dist ranchi 4. chief engineer (communication), road construction department, government of jharkhand, ranchi, p. o. & p. s. dhurwa, dist ranchi 5. superintending engineer, road construction department, road circle dumka, p. o., p. s. & district dumka 6. executive engineer, road construction department, road division, godda, p. o., p. s. & district godda respondents --- coram : hon'ble mr. justice rongon mukhopadhyay --- for the petitioners : mr. vimal kirti singh, advocate for the respondents : mr. ajit kumar, a.a.g. --- 04/29.04.2016 heard mr. vimal kirti singh, learned counsel appearing for the .....

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Apr 29 2016 (SC)

Raijibhai Bhikhabhai Parmar and Ors Vs. Reliance Industries Ltd. (Form ...

Court : Supreme Court of India

non-reportable in the supreme court of india civil appellate jurisdiction civil appeal no.4603 of2016(arising out of slp (c) no.11060 of 2016) raijibhai bhikhabhai parmar and ors appellants versus reliance industries ltd. (formerly known as indian petrochemicals corporation ltd.) and anr. respondents judgment kurian, j.1. leave granted.2. the limited grievance of the appellants is on the direction to deposit the amounts already received by them at the time of the alleged cessation of employment with the respondents as a pre-condition for the labour court to enter adjudication on the grievance raised by the employees.3. having heard mr. r.p.bhatt, learned senior counsel appearing for the appellants and mr. c.u.singh, learned senior counsel appearing for the respondents, in the peculiar facts and circumstances of the case, we are of the view that the interest of justice would be advanced if the direction of the high court to deposit the amounts already received by appellants at the time of cessation, is partly modified.4. accordingly, we dispose of the appeal permitting the appellants to deposit 50% of the gross vrs amount (which does not include p.f. gratuity, etc.) within a period of three months from today.5. the labour court, vadodara will decide the reference within a period of three months from the date of deposit as above.6. the appeal is disposed of as above. no costs. ................j.[kurian joseph]. ....................j.[rohinton fali nariman]. new delhi; april29 .....

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Apr 29 2016 (HC)

Savitri Properties Pvt. Ltd. Vs. Avani Projects and Infrastructure Ltd ...

Court : Kolkata

in the high court at calcutta (ordinary original civil jurisdiction) original side ga no.3957 of 2015 with ga no.313 of 2016 in c.s. no.162 of 2015 savitri properties pvt. ltd. vs. avani projects & infrastructure ltd. before: the hon ble justice sudip ahluwalia dated:29. h april, 2016 appearance: mrs. manju agarwal, adv. mr. biswanath chatterjee, adv. mr. b. menot, adv. for the plaintiff(s) mr. aniruddha mitra, adv. . for the defendant(s) the court: - ga no.3957 of 2015 is an application filed on behalf of the defendant in the original cs no.162 of 2015 praying for time to file its written statement in the suit, while ga no.313 of 2016 was filed on behalf of the plaintiff seeking summons for judgment in terms of order xxxvii rule 3(4) of the code of civil procedure.2. the plaintiff had filed the suit under order xxxvii c.p. code for recovery of an amount of rs.21,98,438/- along with certain ancillary reliefs. it transpires that the defendant had entered appearance in the suit on the 25th of august 2015, and duly notified the plaintiff s advocate on the very next day i.e., 26th of august. however the plaintiff filed the application seeking summons for judgment in terms of order xxxvii rule 3(4) being the present ga no.313 of 2016 only on 18th of january 2016.3. by that time the defendant had already filed its ga no.3957 of 2015 seeking extension of time for filing its written statement. during its pendency, the plaintiff approached the court praying for summons for judgment by .....

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Apr 29 2016 (HC)

Chandmoni Majhin Vs. Coal India Ltd. and Ors.

Court : Kolkata

in the high court at calcutta constitutional writ jurisdiction original side w.p. no.841 of 2014 chandmoni majhin versus coal india ltd. & ors. before: the hon ble justice sudip ahluwalia heard on: judgment on:26. 02.16, 04.03.16 & 18.03.16 29.04.2016 for the petitioner - mr. partha ghosh, adv. for the respondents - mr. alok banerjee, adv. mr. s.m. obaidullah, adv. the court - the petitioner was given employment in the eastern coalfields limited (respondent no.2) on the 22nd of july, 1992 on account of the death of her husband who was an employee, while in service. during his lifetime, the petitioner s husband had declared her date of birth as 1964 . his own date of birth, according to the records, was the 4th of october, 1959.2. the petitioner s claim in this proceeding is that her date of birth has been wrongly determined as 02.02.1956 on the basis of a medical examination which was conducted perfunctorily/ arbitrarily without following the rigours of the requisite medical jurisprudence, and only on the basis of her appearance and statement. she, therefore, claims that her date of birth ought to be rectified. she approached her employers for this purpose by way of her letter of application dated 19th may, 2010, but to no avail. consequently, her trade union approached the competent authorities for this purpose under the industrial disputes act. but, the government of india (represented by respondent no.10) did not consider the dispute fit for adjudication by its .....

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