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Feb 20 2019 (SC)

Reliance Communication Limited Vs. State Bank of India

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/INHERENT JURISDICTION WRIT PETITION (CIVIL) No.845 OF2018RELIANCE COMMUNICATION LIMITED & ORS. ..PETITIONERS VERSUS STATE BANK OF INDIA & ORS. ..RESPONDENTS WITH CONTEMPT PETN. (C) No.1838 OF2018IN W.P. (C) No.845 OF2018CONTEMPT PETN. (C) No.55 OF2019IN W.P. (C) No.845 OF2018AND CONTEMPT PETN. (C) No.185 OF2019IN W.P. (C) No.845 OF20181 JUDGMENT R.F. Nariman, J.1. Three contempt petitions are before us, having been filed by Ericsson India Pvt. Ltd. [Ericsson]. against Reliance Communications Ltd. [RCom]., Reliance Telecom Ltd. [RTL]., and Reliance Infratel Ltd. [RITL]. [hereinafter, collectively referred to as the Reliance Companies or Companies]..2. The brief facts necessary to appreciate these matters are as follows: On 25.01.2013, Ericsson and RCom entered into a Managed Service Agreement whereby Ericsson agreed to provide RCom managed services, i.e., operation, maintenance, and management of RComs network. Ericsson raised invo...

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Feb 20 2019 (SC)

Thangasamy Vs. The State of Tamil Nadu

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.698 OF2010THANGASAMY Appellant(s) VS. THE STATE OF TAMIL NADU Respondent(s) JUDGMENT Dinesh Maheshwari, J In this appeal, the appellant-accused has called in question the judgment and order dated 07.01.2009 in Crl. R.C. No.232 of 2006 whereby, the Madras High Court at its Madurai Bench, while dismissing the criminal revision petition, has upheld the conviction of the appellant for offences under Sections 279, 337(3 counts) and 304-A (4 counts) of the Indian Penal Code ('IPC').2. Put in brief, the accusation against the appellant had been that on 24.02.2001 at about 07:15 p.m., while driving a government passenger bus bearing registration No.TN-72-N-0891 in a negligent manner, he caused an accident near Korampallam on Tuticorin-Tirunelveli Main Road, which resulted in the death of four persons namely, Jayaraj, Muniasamy, Gopal and Dharma Nadar whereas three persons namely, Murugan, Senthur Pandia...

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Feb 20 2019 (SC)

Western Coalfields Ltd Vs. Commissioner of Central Excise Madurai

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

M/S. South Eastern Coalfields Ltd. Vs. Commnr. Of Central Excise,trich ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

South Eastern Coalfields Ltd. Vs. commr.of cen.exc.kolkata-iv

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

Western Coalfields Ltd. Vs. Commissioner of Central Excise and Customs

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

M/Ssouth Eastern Coalfields Ltd. ( a Subsidiary of Coal India Ltd) Re ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

Western Coalfields Limited Through Its Md Vs. Commnr. Of cent.exc.and ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

M/S Western Coalfields Ltd. Vs. Commnr. Of Central Excise, Kolkata

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 807 OF2006WESTERN COALFIELDS LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE TRICHY/MADURAI ..Respondent(s) WITH CIVIL APPEAL NO(s). 7625 OF2005CIVIL APPEAL NO(s). 32173218 OF2010CIVIL APPEAL NO(s). 84398440 OF2011CIVIL APPEAL NO(s). 96939694 OF2011CIVIL APPEAL NO(s). 4992 OF2012CIVIL APPEAL NO(s). 4826 OF2012JUDGMENT Rastogi, J.1. The present batch of appeals are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, at South Zonal Bench, Chennai 1 (hereinafter being referred to as Tribunal) rejecting the claim of the appellant (buyer) for refund of the claim of the central excise duty under Section 11B of the Central Excise Act, 1944(hereinafter being referred to as the Act) which was paid under protest by the manufacturer(M/s. Fenner (India) Ltd.).2. The short point for consideration in the present batch of appeals is whether the per...

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Feb 20 2019 (SC)

Lmj International Ltd Vs. Sleepwell Industries Co. Ltd

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE SPECIAL LEAVE PETITION (CIVIL) No.540 OF2018LMJ International Ltd. Sleepwell Industries Co. Ltd. :Versus: WITH ..Petitioner(s) ....Respondent(s) SPECIAL LEAVE PETITION (CIVIL) No.5493 OF2019(D. No.42537/2018) Sri Munisuvrata Agri International Ltd. ..Petitioner(s) :Versus: Sleepwell Industries Co. Ltd. ....Respondent(s) A.M. Khanwilkar, J.JUDGMENT1 These special leave petitions emanate from the judgment and orders dated 22nd August, 2017 passed by the High Court at Calcutta in G.A. No.3306/2016 in E.C. No.487/2013 and dated 9th July, 2018 in G.A. No.3307/2016 in E.C. 2 No.488/2013, respectively. The special leave petitions pertain to two execution petitions filed by the respondent award holder concerning two separate foreign awards. Since the questions raised in both these petitions are overlapping, the same are being answered together.2. The parties had entered into separate contracts for sale of Non Basmati Parb...

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