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Apr 17 2020 (SC)

Chander Mohan Negi Vs. State of Himachal Pradesh

Court : Supreme Court of India

C.A.Nos.2813 of 2017 etc. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2813 OF2017Chander Mohan Negi & Ors. ..Appellants Versus State of Himachal Pradesh & Ors. ..Respondents W I T H Civil Appeal No.2814 of 2017 AND CIVIL APPEAL NO.2815 OF2017JUDGMENT R. Subhash Reddy, J.1. All these civil appeals are filed against a common judgment dated 09.12.2014 passed by the Division Bench of High Court of Himachal Pradesh at Shimla in L.P.A.No.504 of 2012 and batch. The said Letter Patent Appeals were filed, aggrieved by the order of the learned Single Judge dated 18.10.2012 passed in C.W.P.No.3303 of 2012-A. When, Letters Patent Appeals were filed in L.P.A.Nos.504, 507, 512 of 2012 and 203 of 2014, they were heard and disposed of by the Division 1 C.A.Nos.2813 of 2017 etc. Bench along with the other connected writ petitions pending on similar issues.2. The writ petitions and Letters Patent Appeals are the outcome of the policies framed by the Government o...

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Apr 17 2020 (SC)

Pravakar Mallick Vs. State of Orissa .

Court : Supreme Court of India

C.A.Nos.3240 of 2011 etc. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3240 OF2011Pravakar Mallick & Anr. Versus ..Appellants The State of Orissa & Ors. ..Respondents W I T H Civil Appeal No.4421 of 2011 JUDGMENT R. Subhash Reddy, J.Civil Appeal No.3240 of 2011 1. This civil appeal is filed, aggrieved by the judgment and order dated 24.12.2010 passed by the High Court of Orissa at Cuttack in W.P. (C) No.6781 of 2008. By the aforesaid order, writ petition filed by respondent nos.4 to 8 herein, is allowed by setting aside the order dated 17.04.2008 passed in O.A.No.904(C) of 2008 etc. by the Orissa Administrative Tribunal and the Government Resolution dated 20.03.2002 and the consequential Gradation List dated 03.03.2008 of Orissa Administrative Services, Class-I (Junior Branch) are quashed.2. In view of the instructions issued in Office Memorandum dated 21.01.2002, by the Government of India, Ministry of Personnel, Public Grievances and Pensions,...

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Apr 17 2020 (SC)

Dr. Thingujam Achouba Singh Vs. Dr. H. Nabachandra Singh

Court : Supreme Court of India

[email protected](C)Nos.15093-15095 of 2017 etc. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2250-2252 OF2020[Arising out of S.L.P.(C)Nos.15093-15095 of 2017]. Dr. Thingujam Achouba Singh & Ors. ..Appellants Versus Dr. H. Nabachandra Singh & Ors. etc. ..Respondents W I T H CIVIL APPEAL NOS. 2253-2255 OF2020[Arising out of S.L.P.(C)Nos.4853-4855 of 2019]. JUDGMENT R. Subhash Reddy, J.Civil Appeal Nos. of 2020 [Arising out of S.L.P.(C)Nos.15093-15095 of 2017].1. 2. Leave granted. These civil appeals are filed, aggrieved by the judgment and order dated 27.03.2017 passed in W.P.(C) No.676 of 2016; W.P.(C)No.722 of 2016; and W.P.(C)No.766 of 2016, passed by the High Court of Manipur at Imphal. By the aforesaid impugned order, the High Court has quashed advertisement dated 16.08.2016, inviting applications to fill up 1 [email protected](C)Nos.15093-15095 of 2017 etc. the vacant post of Director in Regional Institute of Medical Sciences, Imphal.3. The Regional ...

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Apr 17 2020 (SC)

Shankar Sakharam Kenjale(d) by Lrs. Vs. Narayan Krishna Gade .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4594 OF2010SHANKAR SAKHARAM KENJALE (DIED) THROUGH HIS LEGAL HEIRS APPELLANT(S) VERSUS NARAYAN KRISHNA GADE AND ANOTHER ...RESPONDENT(S) JUDGMENT MOHAN M. SHANTANAGOUDAR, J.1. The instant appeal arises out of the judgment dated 08.06.2009 passed by the High Court of Judicature at Bombay in Second Appeal No.439 of 1987. Vide the impugned judgment, the High Court set aside the findings of the Trial Court and the First Appellate Court and directed the Trial Court to draw a preliminary decree of redemption of mortgage in favour of the Respondents herein.2. The factual background to this appeal is as follows:2. 1 The land in question was Paragana watan property/Inam land (hereinafter suit land). Such watan properties and watans 1 were governed by the provisions of the Bombay Hereditary Offices Act, 1874 (hereinafter Watan Act). Smt. Laxmibai, wife of one Bhawani Raje Ghadge, was the watandar of the suit la...

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Apr 17 2020 (SC)

The Mayor Municipal Corporation Vs. Govind Bajirao Navpute and Ors.

Court : Supreme Court of India

C.As. @ SLP(C)No.25967 of 2016 etc. etc. 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2237 OF2020(Arising out of S.L.P.(C) No.25967 of 2016) The Mayor Municipal Corporation Appellant vs Govind Bajirao Navpute & Ors. ...Respondents WITH CIVIL APPEAL No.2240 OF2020(Arising out of S.L.P.(C) No.26556 of 2016) WITH CIVIL APPEAL No.2242 OF2020(Arising out of S.L.P.(C) No.26559 of 2016) WITH CIVIL APPEAL No.2239 OF2020(Arising out of S.L.P.(C) No.26555 of 2016) WITH CIVIL APPEAL No.2238 OF2020(Arising out of S.L.P.(C) No.26554 of 2016) WITH CIVIL APPEAL No.2248 OF2020(Arising out of S.L.P.(C) No.26574 of 2016) WITH C.As. @ SLP(C)No.25967 of 2016 etc. etc. 2 CIVIL APPEAL No.2243 OF2020(Arising out of S.L.P.(C) No.26563 of 2016) WITH CIVIL APPEAL No.2244 OF2020(Arising out of S.L.P.(C) No.26566 of 2016) WITH CIVIL APPEAL No.2241 OF2020(Arising out of S.L.P.(C) No.26557 of 2016) WITH CIVIL APPEAL No.2246 OF2020(Arising out of S.L.P.(C) No.26570 of 2016)...

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Apr 17 2020 (SC)

Anjuman E Shiate Ali Vs. Gulmohar Area Societies Welfare Group

Court : Supreme Court of India

C.A. Nos.6216-6217 of 2019 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.6216-6217 OF2019Anjuman E Shiate Ali & Anr. Appellants vs Gulmohar Area Societies Welfare Group & Ors. etc. ...Respondents JUDGMENT R.SUBHASH REDDY,J.1. Both these civil appeals arise out of a common judgment dated 19.07.2017, passed by the High Court of Judicature at Bombay, in writ petition Nos. 2476 of 2015 and 1130 of 2017, as such, they are heard together and disposed of by this common Order. The said writ petitions are filed by way of Public Interest Litigation, for protecting two plots which are the subject matter of the writ petition, originally left C.A. Nos.6216-6217 of 2019 2 towards open spaces, in the layout, approved in the year 1967.2. The writ petition No.2476 of 2015, was filed by four petitioners. Petitioner No.1, is a Trust, registered under the Bombay Public Trust Act, 1950 petitioner No.2 is an Architect, involved in the planning, design and maintenan...

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Apr 15 2020 (SC)

Rajasthan State Road Transport Corporation Ltd. Vs. Smt. Mohani Devi

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2236 OF2020(Arising out of SLP (Civil) No.5650 of 2019) Rajasthan State Road Transport . Appellant(s) Corporation Ltd. & Ors. Smt. Mohani Devi & Anr. . Respondent(s) Versus JUDGMENT A.S. Bopanna,J.Leave granted.2. The respondent herein was the Petitioner in S.B Civil Writ Petition No.2839/2012 filed before the Rajasthan High Court. The brief facts that led to the filing of the Writ Petition is that respondent herein had claimed the retiral benefits of her late husband who was appointed in the post of conductor on 15.03.1979 at Page 1 of 13 Alwar Depot of the Appellant Road Transport Corporation. The benefits were claimed on the basis that her husband be deemed to have voluntarily retired from service instead of having resigned.3. In the course of service, respondents husband had moved an application seeking voluntary retirement from service on 28.07.2005 indicating health reasons. No order was pass...

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Apr 15 2020 (SC)

Sushilaben Indravadan Gandhi Vs. The New India Assurance Company Limit ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2235 OF2020(ARISING OUT OF SLP (CIVIL) NO.1170 OF2019 SUSHILABEN INDRAVADAN GANDHI & ANR. APPELLANTS VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED & ORS. ...RESPONDENTS JUDGMENT R.F. Nariman, J.1. Leave granted.2. On 09.06.1997, the husband of the Appellant No.1, who was a surgeon, was travelling in a mini-bus that was owned by the Rotary Eye Institute, Navsari (the Respondent No.3 herein) along with other medical staff of the said Institute. The mini-bus had been driven with excessive speed, as a result of which at around 8.30 P.M. when the mini-bus was passing through the Gandevi-Navsari Road, near Kabhar Patiya, the driver of the mini-bus lost control and the vehicle turned turtle. The husband of Appellant No.1 was seriously injured and ultimately succumbed to his injuries. 1 3. On 17.04.1997, the Respondent No.3 had entered into a comprehensive Private Car B Policy from the New India Assurance Co...

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Apr 01 2020 (SC)

Raja @ Ayyappan Vs. State of Tamil Nadu

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1120 OF2010RAJA @ AYYAPPAN APPELLANT VERSUS STATE OF TAMIL NADU RESPONDENT JUDGMENT S. ABDUL NAZEER, J.1. This criminal appeal filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the TADA Act) is directed against the judgment and order dated 04.12.2009 passed by the Presiding Judge, Designated Court No.2, Chennai, in Calendar Case No.1/2007, whereby the Designated Court has convicted the appellant and sentenced him to undergo rigorous imprisonment for 2 years under Section 120B IPC and 5 years each under Section 120B IPC read with Section 3(3) and 4(1) of the 2 TADA Act and under Section 120B IPC read with Section 5 of Explosive Substances Act, 1908 and all the sentences imposed were ordered to be run concurrently.2. The case of the prosecution in brief is that during June 1988, the absconding accused, Ilango @ Kumaran @ Ravi @ Santhosh and Suku...

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Apr 01 2020 (SC)

Alembic Pharmaceuticals Ltd. Vs. Rohit Prajapati .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.1526 of 2016 Alembic Pharmaceuticals Ltd. ...Appellant Versus Rohit Prajapati & Ors. ...Respondents With Civil Appeal No 3175 of 2016 With Civil Appeal Nos 6604-6605 of 2016 And With Civil Appeal No 1555 of 2017 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J1 By a judgment dated 8 January 2016, the Bench of the National Green Tribunal1 for the Western Zone held that a circular issued by the Union Ministry of Environment and Forests2 on 14 May 2002 is contrary to law. The circular envisaged the grant of ex post facto environmental clearances. The NGT issued a slew of directions including the revocation of environmental clearances and for closing down industrial units operating without valid consents. On 17 May 2016, the NGT dismissed an application for review filed by one of the affected industrial units. The industrial units and MoEF are in appeal3.2. The Environmental Impact Assessment4 notification of 27...

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