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Oct 16 2019 (SC)

John D Souza Vs. Karnataka State Road Transport Corporation

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8042 OF2019[Arising out of Special Leave Petition(C)No.6371 OF2019 John DSouza ..... Appellants(s) VERSUS Karnataka State Road Transport Corporation .....Respondents(s) JUDGMENT SURYA KANT, J.Leave granted. The instant appeal, by special leave, is directed against 2. the judgment and order dated 30th November, 2018 passed by the Division Bench of High Court of Karnataka at Bangalore whereby the intra-Court appeal preferred by the 1 Karnataka State Road Transport Corporation (in short, `the Corporation) against the order dated 20th September, 2017 of the Learned Single Judge has been allowed and after setting aside the order dated 28th October, 2016 of the First Additional Labour Court, Bangalore, the said Court has been directed to decide afresh application of the Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 (in short, `the Act) in accordance with the observations made by th...

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Oct 16 2019 (SC)

Walaiti Ram Charan Dass Vs. State of Punjab .

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.80158016 OF2019(Arising out of SLP (C) Nos.2439724398 of 2010) WALAITI RAM CHARAN DASS & ORS. ETC. APPELLANT(S) Versus STATE OF PUNJAB & ORS. ETC. RESPONDENT(S) WITH CIVIL APPEAL NOS. 80178026 OF2019(Arising out of SLP (C) Nos. 2827528284 of 2015) CIVIL APPEAL NOS.8028 OF2019(Arising out of SLP (C) No.2034 of 2017) CIVIL APPEAL NOS.8027 OF2019(Arising out of SLP (C) No.33899 of 2016) CIVIL APPEAL NOS.8029 OF2019(Arising out of SLP (C) No.15310 of 2017) JUDGMENT Deepak Gupta, J.Leave granted. 2 2. Civil Appeal Nos.80158016/2019 @ SLP (C) Nos.24397 24398 of 2010, arise out of judgment dated 20.05.2009 whereas Civil Appeal No.80178026/2019 @ out of SLP(C) Nos. 28275 28284 of 2015, arise out of judgment dated 06.01.2015, Civil Appeal No.8028 of 2019 @ out of SLP (C) No.2034 of 2017, arise out of judgment dated 18.05.2016, Civil Appeal No.8027 [email protected] out of SLP (C) No.33899 of 2016, arise out of judgme...

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Oct 16 2019 (SC)

Prahlad Pradhan Vs. Sonu Kumhar

Court : Supreme Court of India

ITEM NO.1501 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5919/2011 PRAHLAD PRADHAN & ORS. Appellant(s) VERSUS SONU KUMHAR & ORS. Respondent(s) (HEARD BY HON'BLE INDU MALHOTRA AND HON'BLE KRISHNA MURARI,JJ.) Date :16. 10-2019 This appeal was called on for judgment today. For Appellant(s) Ms. Kumud Lata Das, AOR Mr. Rajiv Kr. Sinha, Adv. Ms. Rubina Jawed, Adv. For Respondent(s) Mr. Jayesh Gaurav, Adv. Ms. Diksha Ojha, Adv. Ms. Priyanka Tyagi, Adv. Mr. Kuldeep Rai, Adv. Mr. T. Mahipal, AOR Honble Ms.Justice Indu Malhotra pronounced the non-reportable judgment of the Bench comprising of Honble Ms. Justice Indu Malhotra and Honble Mr. Justice Krishna Murari. The appeal is dismissed in terms of the signed non- reportable judgment. Pending applications, if any, shall also stand disposed of. (INDU MARWAH) (SUMAN JAIN) COURT MASTER BRANCH OFFICER (Signed non-reportable judgment is placed on the file)...

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Oct 16 2019 (SC)

Ebha Arjun Jadeja Vs. The State of Gujarat

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1692 OF2009EBHA ARJUN JADEJA & ORS. APPELLANT(S) Versus THE STATE OF GUJARAT RESPONDENT(S) JUDGMENT Deepak Gupta, J.1. This appeal by the accused is directed against the order passed by the Designated TADA Court whereby the application filed by the accused that they should be discharged due to non compliance of Section 20A(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act) was dismissed.2. Briefly stated the facts of the case are that appellant No.1/accused No.1, Ebha Arjun Jadeja, was wanted in Crime No.II 1 3/1994 registered against him under Section 25(1B)(a) and 27 of the Arms Act, 1959 and under Section 3 and 5 of TADA Act etc.3. The prosecution version is that on 10.04.1995, when Police Inspector C.J.Singh along with some other police personnel was doing night round in Kutiyana and was trying to keep a secret watch over bootlegger...

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Oct 16 2019 (SC)

Surgeon Rear Admiral Manisha Jaiprakash Vs. Union of India

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.8896-8897 of 2012 Surgeon Rear Admiral Manisha Jaiprakash .... Appellant(s) versus Union of India & Ors. .Respondent (s) JUDGMENT L. NAGESWARA RAO, J.These Appeals arises out of a judgment of the 1. Armed Forces Tribunal by which the rejection of the statutory complaint filed by the Appellant was upheld. The Appellant was commissioned in the Indian Army as a Lieutenant in the year 1975. She was promoted as a Brigadier on 05.12.2005 and as Rear Admiral/ Major General on 24.11.2007. The Appellant retired as Surgeon Rear Admiral on 31.05.2012. As she was not promoted 1 | P a g e as Surgeon Vice Admiral, she filed a statutory complaint on 15.07.2010 seeking following reliefs : (a) Five ACRs prior to ICR- 2007 be compared with ICR-2007 and ACR-2008. (b) Total Expunction of ICR 2007:- If markings in the assessment on a Select Surg Rear Admiral for selection to the next rank of Surg Vice Admiral are ina...

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Oct 16 2019 (SC)

Vinubhai Haribhai Malaviya Vs. The State of Gujarat

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.478-479 OF2017Vinubhai Haribhai Malaviya and Ors. Appellants Versus The State of Gujarat and Anr. Respondents JUDGMENT R.F. Nariman, J.1. This case arises out of a First Information Report (hereinafter referred to as FIR) that was lodged on 22.12.2009. The FIR is by one Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, who are allegedly residing at UK or USA. The gravamen of the complaint made in the FIR is that one Vinubhai Haribhai Malaviya is blackmailing these two gentlemen with respect to agricultural land which is just outside the city of Surat, Gujarat and which admeasures about 8296 square meters. The FIR alleges that Ramanbhai Patel and Shankarbhai Patel are 1 absolute and independent owners of this land, having obtained it from one Bhikhabhai Khushalbhai and his wife Bhikiben Bhikhabhai in the year 1975. The FIR then nar...

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Oct 15 2019 (SC)

H. S. Yadav Vs. Shakuntala Devi Parakh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 5153 OF2019H. S. YADAV APPELLANT(S) Versus SHAKUNTALA DEVI PARAKH RESPONDENT(S) JUDGMENT Deepak Gupta, J.Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?. is the question arising in this appeal.2. The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as the Act). Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal. In terms of Section 7 of the Act the State can appoint one or more officers not below the rank of Deputy Collector, as Rent Controller with territorial jurisdiction to be specified by the Collector. The Rent 1 Control Tribunal (hereinafter referred to as the Tribunal) is constituted under Section 6 of the Act. This Tribunal has appellate and supervisory jurisdiction. Section 6 of the Act reads as under: 6. Const...

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Oct 14 2019 (SC)

The State of Uttarakhand Vs. s.k.singh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10194 OF2013STATE OF UTTARAKHAND & ORS. Appellant(s) VERSUS Respondent(s) S.K. SINGH & ORS. IA No.88765/2018 WITH C.A. No.1317 of 2015 C.A. No.11307 of 2013 IA No.7/2016 JUDGMENT SANJAY KISHAN KAUL, J.Civil Appeal No.10194/2013 1. The dispute pertains to the Irrigation Department cadre of the Uttarakhand State, for promotion from the post of Junior Engineer (for short JE) to the post of Assistant Engineer (for short AE), with two groups of these JEs arrayed on opposite sides one having the 1 qualification of Diploma and the other having the qualification of Degree in Engineering. The promotion quota (the promotion quota is for AEs - they are also being directly recruited) has carved out a provision for accelerated promotion to the extent of 7.33% for the JEs holding a more advanced qualification, of a Degree in Civil Engineering, with which the JEs holding a qualification of Diploma are aggrieved. F...

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Oct 04 2019 (SC)

Rajasthan State Road Transport Coroporation Vs. Danish Khan .

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.7802 of 2019 (Arising out of SLP (C) No.4772 of 2017) RAJASTHAN STATE ROAD TRANSPORT CORPORATION. .... Appellant(s) DANISH KHAN Versus With . Respondent (s) Civil Appeal No.7803 of 2019 (Arising out of SLP (C) No.13139 of 2017) JUDGMENT L. NAGESWARA RAO, J.1. The Rajasthan State Road Transport Corporation (for short, the Corporation) has filed the above Appeal aggrieved by the judgment of the Rajasthan High Court of Judicature, Jaipur Bench by which Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 (for short, the Regulations) has been declared as violative of Article 14 of the Constitution of India. 1 2. The Respondents father Mohd. Shahid who was working as a Helper in the Appellant-Corporation died in a motor accident. He was travelling in a bus of the Appellant-Corporation which collided with another bus. A claim was made by the Respo...

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Oct 04 2019 (SC)

Ramesh Nivrutti Bhagwat Vs. Surendra Manohar Parakhe

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1399 OF2010RAMESH NIVRUTTI BHAGWAT ...APPELLANT VS. DR. SURENDRA MANOHAR PARAKHE ...RESPONDENT JUDGMENT S. RAVINDRA BHAT, J.1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter the LOA holder), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter Antoinette). 2 2. Antoinette was the wife of Balaji Balwant Bhagwat (hereafter Balaji). The couple were permanent residents of California, US and were US citizens. Balaji predeceased Antoinette, bequeathing all properties to her. She died on 23.1.1981 at Alhambra, Los Angeles County, California. U.S.A. In her last will dated 24.6.1977, she bequeathed her properties to her husband. The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter vi...

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