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Dec 07 2018 (SC)

Rameshwar Prasad Shrivastava Vs. Dwarikadhis Projects Pvt. Ltd.

Court : Supreme Court of India

Civil Appeal No.4802 of 2018 etc. Rameshwar Prasad Shrivastava & Ors. Vs. Dwarkadhis Projects Pvt. Ltd. & Ors. 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5802 OF2018RAMESHWAR PRASAD SHRIVASTAVA AND ORS. Appellants VERSUS DWARKADHIS PROJECTS PVT. LTD. AND ORS. ... Respondents WITH CIVIL APPEAL No.9162 OF2018AVINASH GAUR AND ORS. Appellants VERSUS DWARKADHIS PROJECTS PVT. LTD. AND ORS. Respondents JUDGMENT Uday Umesh Lalit, J.1. These appeals under Section 23 of the Consumer Protection Act, 1986 (hereinafter called the Act) are directed against the judgments and orders Civil Appeal No.4802 of 2018 etc. Rameshwar Prasad Shrivastava & Ors. Vs. Dwarkadhis Projects Pvt. Ltd. & Ors. 2 dated 13.02.2018 and 08.08.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi (the National Commission for short) dismissing Consumer Case Nos.250 of 2013 and 43 of 2014 as not maintainable.2. An advertisement campaign was started by the fir...

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Dec 07 2018 (SC)

Gopal Singh (Dead) Through Lrs. Vs. Swaran Singh

Court : Supreme Court of India

[email protected] SLP(C)No.27108/18 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.11930 OF2018[Arising out of S.L.P.(C)No.27108 of 2018]. Gopal Singh (Dead) by LRs ... Appellants Versus Swaran Singh & Ors. ... Respondents JUDGMENT R. Subhash Reddy, J.1. 2. Leave granted. This appeal is filed by the legal heirs of the deceased defendant no.5 in the suit, aggrieved by the judgment and order dated 16.02.2018 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No.1163 of 1991 (O&M). Respondent nos.1 to 4 herein were the plaintiffs in Suit No.496 of 1985 filed before the Sub- Judge 1st Class, Sultanpur Lodhi, District Kapurthala in the State of Punjab. In the said suit following reliefs were claimed by them :1. [email protected] SLP(C)No.27108/18 Suit for declaration that they are absolute owners in possession being bonafide purchasers for consideration and without notice of land measuring 82 kanals 3 marlas bearing khasra nos.54/22min (4-0), ...

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Dec 06 2018 (SC)

K. Lakshiminarayanan Vs. Union of India

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.11887 Of 2018 (arising out of SLP (C) No.8249 of 2018) K. LAKSHMINARAYANAN ...APPELLANT(S) VERSUS UNION OF INDIA & ANR. ...RESPONDENT(S) WITH CIVIL APPEAL NO.11888 Of 2018 (arising out of SLP (C) No.8224 of 2018) S. DHANALAKSHMI ...APPELLANT(S) VERSUS UNION OF INDIA & ORS. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.Leave granted. These two appeals have been filed against the common 2 judgment of Madras High Court dated 22.03.2018 by which the writ petitions filed by the appellants questioning the nominations made by the Central Government in exercise of power under Section 3(3) of the Government of Union Territories Act, 1963 (hereinafter referred to as Act, 1963), to the Legislative Assembly of Union Territory of Puducherry has been dismissed.2. The background facts leading to filing of the writ petitions giving rise to these appeals are as follows: 2.1 Part VIII of the Constitution of India dealing...

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Dec 04 2018 (SC)

mohd.akhtar @ Kari Vs. State of Bihar .

Court : Supreme Court of India

1 Non Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL . 407- 408 of Nos Mohd. Akhtar @ Kari & Ors. 2009 .... Appellants Versus State of Bihar & Anr. . Respondents JUDGMENT L. NAGESWARA RAO, J.In these Appeals, we are concerned with the 1. correctness of the judgment of the High Court of Judicature at Patna by which the judgment of the trial court was set aside and the acquittal of the Appellants was reversed. The High Court convicted the Appellants under Section 302 read with Sections 34 and 148 of the Indian Penal Code, 1860 (the IPC) and sentenced them to undergo life imprisonment.2. We are informed that the Appellant Nos. 1, 2 and 4 died during the pendency of these Appeals and so, the 2 Appeals filed by them abate. On the statement of the informant Md. Abu Daud (PW-6), the fardbeyan was recorded by the Officer Incharge of Matihani Police Station at 9.00 p.m. on 05.01.1984. He stated that along with his brother Md. Nadir Sah @ Jumma (deceased...

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Dec 04 2018 (SC)

Sp Singla Constructions Pvt. Ltd. Vs. State of Himachal Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 11824-11825 OF2018(Arising out of SLP(C) Nos.1274-75 of 2015) SP SINGLA CONSTRUCTIONS PVT. LTD. Appellant VERSUS STATE OF HIMACHAL PRADESH AND ANOTHER Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals arise out of the judgments dated 10.03.2014 in Arbitration Case No.4049 of 2013 and dated 01.09.2014 in Review Petition No.RPST/20087/2014 passed by the High Court of Himachal Pradesh in and by which the High Court dismissed the Arbitration Petition and Review Petition filed by the appellant declining to appoint arbitrator holding that as per the terms of the agreement, arbitrator had already been appointed.3. Brief facts which led to the filing of these appeals are as follows:- 1 The appellant was awarded construction work contract on 19.12.2006 relating to balance work of 214.00 mtrs. span C/C bearings on abutment bridge over river Beas at Harsipattan on Mandi Rewalsar Chandesh-Rakh...

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Dec 04 2018 (SC)

Farida Begum Vs. State of Uttarakhand

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1560 OF2013Farida Begum .. Appellant .. Respondent State of Uttarakhand Versus WITH Criminal Appeal No.1652 of 2013 and Criminal Appeal No.1653 of 2013 JUDGMENT M. R. SHAH, J.1. The present appeals before this Court arise against the impugned common judgment and order dated 22.08.2012 passed by the High Court of Uttarakhand at Nainital passed in Criminal Appeal Nos. 235/2004, 239/2004 and 261/2004 by which the High Court has dismissed the said appeals preferred by the original Accused Nos.1, 2 and 5 and has confirmed the conviction and sentence imposed by the learned trial Court 2 convicting them for the offences under Sections 302/149 and 147 of the IPC. 1.1 That, in all, eight accused were tried for the offences under Sections 147, 148 and 302/149 of the IPC for having committed murder of one Mukhtar Ahmed. That, out of the eight accused, three accused namely, Raees Ahmed (A4), Mohd. Ashr...

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Dec 04 2018 (SC)

Mahabir Prosad Choudhary Vs. M/S Octavius Tea and Industries Ltd. And ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8320 Of 2011 SRI MAHABIR PROSAD CHOUDHARY ...APPELLANT(S) VERSUS M/S. OCTAVIUS TEA AND INDUSTRIES LTD. AND ANR. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.This appeal has been filed against the Division Bench judgment dated 23.12.2009 of Calcutta High Court in F.M.A. No.1187 of 2009 by which the appeal filed by appellant has been dismissed.2. The issue involved in this appeal lies in a very narrow compass. The necessary facts of the case to be noticed for deciding the issue are: 2.1 The appellant was working as Accountant in the respondent company since 1986. There had been change of management in the year 2004 in the 2 company. The appellant was not allowed to work w.e.f. 02.05.2005. The State of West Bengal referred the industrial dispute between the company and the appellant to the Fifth Industrial Tribunal. The Tribunal framed the issue as to whether refusal of employment to Shri Mahabir Prosad C...

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Dec 04 2018 (SC)

V.k. Girija Vs. Reshma Parayil

Court : Supreme Court of India

26 OF INDIA IN THE SUPREME COURT JURISDICTION APPELLATE CIVIL REPORTABLE CIVIL APPEAL (arising out of SLP (C) No.27838 of 2016) No.Of 2018 V.K. GIRIJA ...APPELLANT(S) VERSUS RESHMA PARAYIL & ORS. ...RESPONDENT(S) ASHOK BHUSHAN,J.JUDGMENT Leave granted.2. This appeal has been filed against the Division Bench judgment of Kerala High Court dated 17.08.2016 in Writ Appeal No.1504 of 2015 by which judgment the Writ Appeal filed by the respondent was allowed, reversing the judgment of learned Single Judge. The learned Single Judge has allowed the Writ Petition filed by the appellant, setting aside the order of the State Government which had directed for appointment of respondent Reshma Parayil. 26 3. The brief facts of the case necessary to be noted for deciding the issue are:- 3.1 The respondent No.5 is an aided institution. Respondent No.1 was serving as Upper Primary Assistant in the school. The school was upgraded as Higher Secondary School in the year 2011-2012. Consequent to the upgrad...

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Dec 03 2018 (SC)

Damodar Valley Corporation Vs. Central Elec. Regulatory Comm. And Ors.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4881 OF2010DAMODAR VALLEY CORPORATION ...APPELLANT(S) VERSUS CENTRAL ELECTRICITY REGULATORY COMMISSION & OTHERS ...RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. By this appeal maintained under Section 125 of the Electricity Act 2003 (hereinafter referred to as the Act of 2003), the appellant seeks to challenge the order passed by the Appellate Tribunal dismissing the appeal filed by the appellant against the order of the Central Electricity Regulatory Commission (hereinafter referred to as the Commission). 1 BACKGROUND FACTS2 The appellant is a statutory body constituted under the Damodar Valley Corporation Act, 1948 (hereinafter referred to as the DVC Act). It was entrusted with multifarious functions. One of the functions it was entrusted was that it was duty bound to carry out generation, transmission and distribution of electrical energy both hydro electrical and thermal. It was also called upon to, op...

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Dec 03 2018 (SC)

The State of Punjab Vs. Rakesh Kumar

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1512 OF2018(ARISING OUT OF SLP (CRL) No.4762 OF2018 STATE OF PUNJAB APPELLANT VERSUS RAKESH KUMAR RESPONDENT WITH Criminal Appeal No.1514 of 2018 (Arising out of SLP (Crl) No.4816 of 2018) Criminal Appeal No.1515 of 2018 (Arising out of SLP (Crl) No.4817 of 2018) Criminal Appeal No.1517 of 2018 (Arising out of SLP(Crl) No.4869 of 2018) Criminal Appeal No.1516 of 2018 (Arising out of SLP (Crl) No.4818 of 2018) Criminal Appeal No.1513 of 2018 (Arising out of SLP (Crl) No.4796 of 2018) Criminal Appeal No.1518 of 2018 (Arising out of SLP (Crl) No.4881 of 2018) 1 Criminal Appeal No.1521 of 2018 (Arising out of SLP (Crl) No.5032 of 2018) Criminal Appeal No.1530 of 2018 (Arising out of SLP (Crl) No.5897 of 2018) Criminal Appeal No.1520 of 2018 (Arising out of SLP (Crl) No.4968 of 2018) Criminal Appeal No.1526 of 2018 (Arising out of SLP (Crl) No.5893 of 2018) Criminal Appeal No.1525 of 2018 (Arising ou...

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