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Oct 30 2018 (HC)

Pankaj Premanand Nagekar Vs. State of Karnataka

Court : Karnataka

1 - - WP No.47604/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30H DAY OF OCTOBER2018PRESENT R THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO.47604/2018 (S-KSAT)BETWEEN : PANKAJ PREMANAND NAGEKAR S/O. LATE PREMANAND SOMA NAGEKAR AGED ABOUT24YEARS, C/O. VITHAL G.THAKARKAR POST NANDANGADDA, AT HIRESHITTA BAAD KARWAR UTTARA KANNADA-581 304 PETITIONER (BY MS. FARAH FATHIMA, ADVOCATE FOR MS. LATHA S.SHETTY, ADVOCATE) AND: 1.2. STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS & LEGISLATION VIKASA SOUDHA, BENGALURU-560 001 REP. BY ITS UNDER SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION UDYOG SOUDA, DAERAH DEVARAJ URS ROAD NEAR VIDHANA SOUDHA, OPPOSITE TO AG & CID OFFICE, BENGALURU-560 001 REP. BY ITS UNDER SECRETARY RESPONDENTS (GOVERNMENT ADVOCATE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED2009.2018 (ANNEXURE-A) PASSED BY THE KARNATAKA STATE A...

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Oct 30 2018 (HC)

Vijaya Education Trust (R) Vs. The State of Karnataka

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA, BENGALURU R DATED THIS THE30H DAY OF OCTOBER, 2018 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.33929/2016 (EDN)BETWEEN : VIJAYA EDUCATION TRUST (R) VIJAYAPURA TOWN DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT PIN CODE56213 REPRESENTED BY ITS PRESIDENT SHRI R C MANJUNATHA PETITIONER (BY SRI. A MADHUSUDHANA RAO, ADVOCATE) AND:1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION M S BUILDING, BENGALURU560001.2. THE DIRECTOR PRE UNIVERSITY BOARD18H CROSS, SAMPIGE ROAD MALLESWARAM, BENGALURU560001.3. DEPUTY DIRECTOR PRE UNIVERSITY DEPARTMENT BENGALURU RURAL DISTRICT BENGALURU560009.4. JNANAGANGA EDUCATION AND RURAL DEVELOPMENT TRUST (R) NO.24, NEAR VEENUGOPALASWAMY TEMPLE BIJJAVARA VILLAGE AND POST DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT PIN CODE562110, REPRESENTED BY ITS SECRETARY. (BY SMT. PRAMODHINI KISHAN, AGA FOR R1-3; SRI. J R JAGADISH, ADVOCATE FOR R4) RESPONDENTS2THIS WRIT PETITION IS FILED ...

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Oct 30 2018 (SC)

Jai Bhagwan Vs. State (Govt. Of n.c.t. Delhi)

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NO.2299 OF2009STATE (GOVT. OF NCT OF DELHI) .Appellant VERSUS PANKAJ CHAUDHARY AND ORS. .Respondents With CRIMINAL APPEAL NO.2298 OF2009JUDGMENT R. BANUMATHI, J.These appeals arise out of the judgment dated 05.05.2009 passed by the High Court of Delhi in Criminal Appeal No.384 of 2000 in and by which the High Court allowed the appeal filed by the respondents/accused thereby setting aside their conviction under Section 376(2)(g) IPC passed by the trial court and the sentence of imprisonment imposed upon them. By the impugned judgment, the High Court also issued direction to lodge a complaint against the appellants-police officials (CA No.2298/2009) for prosecuting them under Sections 193 and 195 IPC. 1 2. Case of prosecution is that the accused/respondents who were living in the neighbourhood of the prosecutrix (PW-1) at Shaheed Bhagat Singh Jhuggi Camp, Katwaria Sarai, entered her jhuggi at about 0...

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Oct 30 2018 (SC)

The State of Mizoram Vs. Dr. C. Sangnghina

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL No.1322 OF2018(Arising out of SLP(Crl.) No.10290 of 2015) STATE OF MIZORAM .Appellant VERSUS DR. C. SANGNGHINA .Respondent JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal arises out of the order dated 13.08.2015 passed by the High Court of Assam in Criminal Revision Petition No.6 of 2014 in and by which the High Court affirmed the order of the Special Court declining to take on file the charge sheet filed under Section 13(1)(c)(d)(e) read with Section 13(2) of Prevention of Corruption Act, 1988 on the ground that it was barred under the principles of double jeopardy.3. Brief facts which led to filing of this appeal are that a complaint was made to the Superintendent of Police, Mizoram, Aizawl against the accused/respondent on 17.02.2009 by the 1 President of PRISM alleging misappropriation/mismanagement of public money. On the basis of the complaint, the Superintendent of Police, ACB conducte...

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Oct 30 2018 (SC)

Management Hindustan Machine Tools Ltd. Vs. Ghanshyam Sharma

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.856 OF2012MANAGEMENT, HINDUSTAN MACHINE TOOLS LTD. ...Appellant(s) VERSUS GHANSHYAM SHARMA Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed against the final judgment and order dated 18.12.2007 passed by the High Court of Judicature of Rajasthan in D.B. Civil Special Appeal (Writ) No.1417 of 1997 whereby the High Court allowed the appeal filed by the respondent. 1 2. Facts of the case lie in a narrow compass. They are stated infra.3. The appellant is a Government company engaged in manufacture of certain items. It is now declared as a sick company.4. The respondent (workman) claimed that he worked with the appellant Company as a casual helper in its manufacturing plant from 10.06.1976 to 30.07.1977. He complained that by an oral order; the appellant on 31.07.1977 terminated his services and, therefore, since 31.07.1977 he is no longer in the employment of the appellant.5. The term...

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Oct 30 2018 (SC)

State of Kerala Vs. Rasheed

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1321 OF2018[Arising out of Special Leave Petition (Crl.) No.4652 of 2018]. State of Kerala Rasheed Versus Appellant Respondent JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Criminal Appeal arises out of Special Leave Petition (Crl.) No.4652 of 2018 wherein the impugned Order dated January 9, 2018 passed by the High Court of Kerala in Criminal Miscellaneous Case No.171 of 2018 has been challenged.2. The relevant facts for deciding the present Criminal Appeal, are briefly set out below:2. 1. A First Information Report under Section 154 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was registered at the instance of CW1Narayanan. According to the Original Statement provided 1 by him to the Police, Krishnaprasad, who was the occupant of a flat in the building where CW1Narayanan was serving as a security guard, had called for an ambulance. Krishnaprasad, along with others, then carried an...

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Oct 30 2018 (SC)

J S Luthra Academy Vs. The State of Jammu and Kashmir

Court : Supreme Court of India

1 [Reportable]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 71847185 OF2013J.S. Luthra Academy & Another ........Appellants State of Jammu and Kashmir & Others .......Respondents Versus JUDGMENT MOHAN M. SHANTANAGOUDAR, J.The judgment of the Division Bench of the High Court of Jammu and Kashmir at Jammu in L.P.A. (OW) No.38/2008 and L.P.A. (OW) No.39/2008 dated 01.04.2009 is the subject matter of these appeals.2. The brief facts leading to these appeals are that the AppellantJ.S. Luthra Academy (hereinafter referred to as the Academy), an educational institution, initially was situated on a Wakf property in Jammu. Vide order dated 27.12.1995 of the 2 authority constituted under the J&K Wakf Act, 1978, the said educational institution was ordered to be evicted from the Wakf property. Against the said order, the Academy approached the Jammu & Kashmir Special Tribunal, and an interim order of stay on eviction was granted by the tribunal on 09.01.1996. Duri...

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Oct 30 2018 (SC)

Star India Private Limited Vs. Department of Industrial Policy and Pr ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.7326-7327 OF2018STAR INDIA PRIVATE LIMITED VERSUS DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION & ORS. APPELLANT RESPONDENTS WITH CIVIL APPEAL NOS.7328-7329 OF2018JUDGMENT R.F. NARIMAN, J.1. The present civil appeals raise a challenge to certain clauses of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (hereinafter referred to as the Regulation) notified on 3.3.2017 and the Telecommunication (Broadcasting and Cable) 1 Services (Eighth) (Addressable Systems) Tariff Order, 2017 (hereinafter referred to as the Tariff Order) dated 3.3.2017 made under the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as the TRAI Act). Since regulations made under the TRAI Act were under challenge, a writ petition was filed before the Madras High Court in which the main issues that arose before the Division Bench were as follows:- a...

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Oct 30 2018 (SC)

Sushila N. Rungta (D) Thr. Lrs Vs. The Tax Recovery Officer16(2) and O ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10824 OF2018(Arising out of SLP (C) No.26686/2016) SUSHILA N. RUNGTA (D) THR. LRS. Appellant(s) VERSUS THE TAX RECOVERY OFFICER-16(2) AND ORS. Respondent(s) WITH CIVIL APPEAL No.10830 OF2018(Arising out of SLP (C) No.29640/2016) CIVIL APPEAL No.10829 OF2018(Arising out of SLP (C) No.29613/2016) CIVIL APPEAL No.10831 OF2018(Arising out of SLP (C) No.29641/2016) CIVIL APPEAL No.10825 OF2018(Arising out of SLP (C) No.29552/2016) CIVIL APPEAL No.10833 OF2018(Arising out of SLP (C) No.29796/2016) CIVIL APPEAL No.10832 OF2018(Arising out of SLP (C) No.29740/2016) CIVIL APPEAL No.10826 OF2018(Arising out of SLP (C) No.29559/2016) CIVIL APPEAL No.10827 OF2018(Arising out of SLP (C) No.29601/2016) CIVIL APPEAL No.10828 OF2018(Arising out of SLP (C) No.29602/2016) C.A. No.723/1973 2 JUDGMENT R.F. Nariman, J.Civil Appeal No.723/1973:1. In this appeal, an order dated 03.01.1970 was passed by the Collector of Ce...

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Oct 29 2018 (HC)

Sri a P Ranganatha Vs. The Chief Election Commission

Court : Karnataka

W.P.No.46107/2018 and connected matters IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF OCTOBER, 2018 PRESENT HONBLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HONBLE MRS.JUSTICE S.SUJATHA W.P.NO.46107/2018 (GM-RES) PIL C/W W.P.NOS.32771/2013 (GM-RES), 32792/2013(GM-RES), 45852/2018(GM-RES) PIL, 46108/2018 (GM-RES) PIL AND472212018 (GM-RES) PIL IN W.P.NO.46107/2018 BETWEEN SRI A P RANGANATHA AGED ABOUT46YEARS S/O LATE R.PADMANABHA, RESIDING AT AGARA VILLAGE, THATAGUNI POST, BANGALORE560082. (BY SRI D R RAVISHANKAR, ADVOCATE) AND ... PETITIONER THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY THE STATE ELECTION COMMISSION OF KARNATAKA NO.8, 1ST FLOOR, CUNNINGHAM ROAD, BANGALORE560052 THE CHIEF RETURNING OFFICER NIRVACHAN NILAYA, 1.2.3. W.P.No.46107/2018 and connected matters MAHARANIS COLLEGE CIRCLE, SHESHADRI ROAD, BANGALORE560001 (BY SRI S.R. DODWAD, ADVOCATE)... RESPONDENTS THIS WRIT PETITION IS F...

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