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Nov 28 2018 (SC)

Narayan Malhari Thorat Vs. Vinayak Deorao Bhagat

Court : Supreme Court of India

Crl. Appeal No..of 2018(Arising out of SLP(Crl.)No.7933/2018) 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Reportable CRIMINAL APPEAL No.1487 (Arising out of Special Leave Petition (Crl.) No.7933 of 2018) OF2018NARAYAN MALHARI THORAT Appellant VERSUS VINAYAK DEORAO BHAGAT AND ANR. Respondents JUDGMENT Uday Umesh Lalit, J.1. 2. Delay condoned. Leave granted. This appeal is directed against the judgment and order dated 28.03.2016 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur allowing Criminal Application No.380 of 2015 preferred by the first respondent and thereby quashing the proceedings instituted against him vide FIR No.35/2015.3. The aforesaid FIR No.35/2015 was lodged with Police Station, Washim on 14.02.2015 pursuant to information received from the Crl. Appeal No..of 2018(Arising out of SLP(Crl.)No.7933/2018) 2 appellant. It was alleged that the daughter and son-in-law of the appellant were teachers in a village in a Zila Parishad Scho...

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Nov 28 2018 (SC)

Chhannu Lal Verma Vs. The State of Chhattisgarh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1482-1483 OF2018[Arising out of S.L.P. (Criminal) No(s). 5898-5899 OF2014 CHHANNU LAL VERMA APPELLANT (S) VERSUS THE STATE OF CHHATTISGARH RESPONDENT(S) JUDGMENT KURIAN, J.1. Leave granted. These appeals are filed against the order of the High Court of 2. Chhattisgarh dated 11.04.2014 confirming the death sentence awarded to the appellant by the Sessions Judge, Durg vide its judgment in Sessions Trial No.288/2011 dated 25.06.2013. The appellant has challenged both the conviction and the sentence. The brief facts in the present case are as follows. On 3. 19.10.2011, it is alleged that the appellant entered the house of Anandram Sahu, Firanteen Bai (wife of Anandram Sahu) and Smt. Ratna Sahu (daughter-in-law of Anandram). The appellant caused 1 fatal injuries to Anandram, Ratna Sahu and Firanteen Bai with a knife. Thereafter, the appellant entered the house of Durga Banchhor with a blood-sta...

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Nov 28 2018 (SC)

Tarvinder Singh Vs. Gurupreet Kaur

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION NON-REPORTABLE CIVIL APPEAL NO(S). 11470/2018 (ARISING FROM SLP (C) NOS.25257/2017) TARVINDER SINGH PETITIONER(S) VERSUS GURUPREET KAUR RESPONDENT(S) JUDGMENT KURIAN, J.Leave granted.2. The appellant approached this Court aggrieved by the order dated 25.07.2017 passed by the High Court of Karnataka at Bangalore in Writ Petition No.16335/2016. As per the impugned order, the High Court declined to interfere with the order passed by the Trial Court on an application filed under Order VI Rule 17 of the CPC for amendment in the pleadings in the divorce petition filed by the appellant.3. When the matter came up before this Court, sensing that there is an element of Settlement, we directed the parties to be present before this Court and with their consent they were referred to Ms. Shalini Shishodia, who is a trained Mediator. Learned Mediator has forwarded a Settlement Agreement dated 28.11.2018 signed by the parties and their respect...

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Nov 27 2018 (SC)

Bangalore International Airport Area Planning Authority Vs. Birla Supr ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9684 OF2011BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY .Appellant VERSUS BIRLA SUPER BULK TERMINAL (NOW A UNIT OF ULTRA TECH CEMENT LTD.) AND ORS. .Respondents JUDGMENT R. BANUMATHI, J.This appeal arises out of the judgment dated 21.10.2005 passed by the High Court of Karnataka at Bangalore in Writ Appeal No.3688 of 2002 in and by which the High Court has set aside the order passed by the Single Judge thereby setting aside the betterment fee levied by the KTCP by holding that the very acquisition under the Industrial Area Development Act involve change of land use and development by KIADB and while so, further levy of betterment fee under Section 18 of the KTCP is not sustainable. 1 2. Brief facts of the case which led to filing of this appeal are that the provisions of Karnataka Town and Country Planning (KTCP) Act, 1961 to provide for regulation of planned growth of land use and developm...

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Nov 27 2018 (SC)

Palani Vs. The State of Tamil Nadu

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1100 OF2009PALANI Appellant VERSUS STATE OF TAMIL NADU Respondent JUDGMENT R. BANUMATHI, J This appeal arises out of the judgment dated 30.07.2008 passed by the High Court of Madras at Madurai Bench in S.B. Criminal Appeal No.427 of 2007 in and by which the High Court has dismissed the appeal filed by the appellant herein thereby confirming his conviction under Section 148 IPC, Section 435 read with Section 149 IPC and Section 302 read with Section 149 IPC and the sentence of imprisonment imposed upon him by the trial court.2. Kamala (PW-1) is mother of deceased Sankar and Iyyappan (PW-2). Vijayalakshmi is the wife of PW-2 and Abbas (PW-3) is brother of PW-1. The genealogy of the deceased party is as under:- 1 Kamala (PW-1-Complainant) Abbas (PW-3) Maternal Uncle of deceased Sankar (Deceased) Son of PW-1 A8 Iyyappan (PW-2) Son of PW-1 Vijayalakshmi Wife of PW-2 and elder daughter of Case of the ...

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Nov 27 2018 (SC)

Ram Ji Vs. The State of Punjab

Court : Supreme Court of India

1 NON REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 14781479 OF2011RAMJI Appellant(s) VERSUS STATE OF PUNJAB Respondent(s) JUDGMENT N. V. RAMANA, J.These appeals arise out of common judgment and order dated 21st January, 2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 775 SB of 1997 and 101SB of 1998, whereby the High Court set aside the judgment passed by the trial Court and altered the conviction and sentence against the appellantaccused from an offence under Section 304 Part II, IPC to that of under Section 302, IPC.2. The prosecution case, in brief, is that on 21st July, 1995 at about 9 p.m. when the complainant Darshan Lal (PW5 2 and his mother were sitting in the compound of their house, his brother Som Raj (deceased) went upstairs. Soon thereafter, their neighboring residents Sukhdev Singh (A1), Sandeep Singh (A2), Ramesh Singh (A3) and Lali @ Tarlok Singh (A4) armed with deadly weapons c...

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Nov 27 2018 (SC)

Alok Kumar Singh Vs. State of u.p .

Court : Supreme Court of India

1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.11370 OF2018(Arising out of SLP(Civil) No.12538 of 2016) Alok Kumar Singh & Others Appellants VERSUS State of U.P. & Others ... Respondents WITH CIVIL APPEAL NO.11372 OF2018S.L.P. (C) No.31192 of 2018 (CC No.22932/2016) CIVIL APPEAL NO.11373 OF2018(Arising out of SLP (C) No.34047/2016) CIVIL APPEAL NO.11374 OF2018(Arising out of SLP (C) No.16723/2017) CIVIL APPEAL NO.11375 OF2018(Arising out of SLP (C) No.16669/2017) CIVIL APPEAL NO.11371 OF2018(Arising out of SLP (C) No.9028/2018) CIVIL APPEAL NO.11377 OF2018(Arising out of SLP (C) No.9033/2018) CIVIL APPEAL NO.11378 OF2018(Arising out of SLP(C) No.9026/2018) 2 CIVIL APPEAL No.11380 OF2018(Arising out of SLP (C) No.31199 of 2018) (Diary No.22129/2017) CIVIL APPEAL NOS.11381-11382 OF2018(Arising out of Special Leave Petition (C) Nos.31202-31203 of 2018) (Diary No.22319/2017) CIVIL APPEAL NO.11383 OF2018(Arising out of Special Leave Petition (C) No.3...

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Nov 27 2018 (SC)

Cci Projects (P) Ltd. Vs. Vrajendra Jogjivandas Thakkar

Court : Supreme Court of India

1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 6784-6785 OF2018CCI Projects (P) Ltd. Appellant VERSUS Vrajendra Jogjivandas Thakkar ... Respondent WITH CIVIL APPEAL Nos. 6786-6787 OF2018(CCI Projects (P) Ltd. vs. Vrajendra Jogjivandas Thakkar) JUDGMENT Uday Umesh Lalit, J.1. These appeals under Section 23 of the Consumer Protection Act, 1986 are directed against the common order dated 23.01.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi (Commission for short) in Consumer Case Nos.975 and 976 of 2016.2. In Consumer Case No.976 of 2016, Vrajendra J.Thakkar, HUF had booked a residential flat with the appellant in a project named White Spring 2 Building, which the appellant was to construct at Village Magathane Dattapada Road, Borivali (East), Mumbai, for a consideration of Rs.90,38,850/- and flat No.6A in the building was allotted to said Vrajendra J.Thakkar, HUF. The parties entered into an agreement dated 30.10.20...

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Nov 27 2018 (SC)

Babloo Singh Vs. The State of Uttar Pradesh

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO.31222 OF2018(@ D.NO.39715 OF2018 DR. BABLOO SINGH AND ORS. Petitioners VERSUS STATE OF U.P. AND ORS. Respondents WITH SPECIAL LEAVE PETITION (CIVIL) NO.31223 OF2018(@ D.NO.40201 OF2018 (Amar Singh Goutam and Ors. vs. State of U.P. & Ors.) AND SPECIAL LEAVE PETITION (CIVIL) NO.31225 OF2018(@ D.NO.41516 OF2018 (Ravinder Kumar & Ors. vs. State of U.P. & Ors.) ORDER Uday Umesh Lalit, J.1. Permission to file special leave petition granted in all matters. Heard Mr. Shekhar Naphade, Mr. Salman Khurshid and Mr. S.G. Hasnain, learned Senior Advocates in support of the petitions.2. These petitions are directed against the order dated 10.10.2018 passed by a bench of five learned Judges of the High Court of Allahabad in Writ Petition No.51212 of 2010 and other connected matters turning down the reference made to a larger bench and directing that the 2 concerned matters be placed before an appropriate cou...

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Nov 27 2018 (SC)

Dinesh Kumar Kashyap Vs. South East Central Railway

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1136011363 OF2018(Arising out of SLP (Civil) Nos.2966829671/2017 DINESH KUMAR KASHYAP & ORS. ETC. APPELLANT(S) Versus SOUTH EAST CENTRAL RAILWAY & ORS. ETC. RESPONDENT(S) WITH CIVIL APPEAL No.11364 OF2018(@SLP (C) No.6165 OF2018 JUDGMENT Deepak Gupta, J.Leave granted. Respondent No.1, South East Central Railway (for 2. short the SECR) issued an advertisement on 15.12.2010 inviting applications for filling up 5798 posts in the pay scale of Rs.5200Rs. 20,200 + Grade Pay of Rs.1800/ in Raipur, Bilaspur and Nagpur divisions and workshops. The claim of the original writ petitioners who filed applications 1 before the Central Administrative Tribunal (for short CAT) was that as per the existing instructions the select list was prepared with 20% extra candidates. Therefore, the result of 6995 candidates was declared who were successful. The appellants fall in the category of extra 20%. The SECR did not make...

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