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Sep 24 2019 (SC)

Nevada Properties Pvt. Ltd. Through Its Director Ltd. Vs. The S ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1481 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.1513 OF2011 NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTORS .. APPELLANT(S) VERSUS STATE OF MAHARASHTRA AND ANOTHER .. RESPONDENT(S) W I T H CRIMINAL APPEAL No.1122 OF2011CRIMINAL APPEAL NOS. 1482-1485 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NOS.891-894 OF2011 CRIMINAL APPEAL No.1486 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.4360 OF2011 A N D CRIMINAL APPEAL No.1487 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.3958 OF2013 Criminal Appeal arising out of SLP (Crl.) No.1513 of 2011 and connected matters Page 1 of 39 JUDGMENT SANJIV KHANNA, J.Leave granted in Special Leave Petitions.2. A Division Bench of this Court (Jagdish Singh Khehar and Arun Mishra, JJ.) vide order dated November 18, 2014, noticing that the issues that arise have far reaching and serious consequences, had refer...

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Sep 23 2019 (SC)

Kotak Mahindra Bank Ltd Vs. Sanjiv Gupta

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION (CIVIL) NOS. 847848 OF2017IN SPECIAL LEAVE PETITION (CIVIL) No.1672916730 OF2012KOTAK MAHINDRA BANK LIMITED ... PETITIONER(S) VERSUS MR. SANJIV GUPTA & OTHERS ... ALLEGED CONTEMNOR (S) JUDGMENT DEEPAK GUPTA, J.These Contempt Petitions have been filed by the petitioner alleging that the alleged contemnors have violated the order of this court dated 07.05.2012. 1 2. The factual background is that a Company known as Coventry CoilOMatic, Haryana Limited (hereinafter referred to as the borrower Company) had taken loans from ICICI Bank, IDBI and IFCI (consortium Banks). ICICI Bank assigned the debts payable to it by the borrower Company to the petitioner Kotak Mahindra Bank Limited (hereinafter called as KMBL). IFCI assigned its non performing assets with regard to the same loan facilities, initially to Dhir and Dhir Asset Reconstruction and Securitisation Company Ltd., now known as Alchemist Assets Rec...

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Sep 23 2019 (SC)

D. Sasi Kumar Vs. Soundararajan

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 75467547 OF2019(Arising out of SLP (Civil) Nos.1236566 of 2019) D. Sasi Kumar .Appellant(s) Versus Soundararajan . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein was the petitioner before the Principal District Munsif/Rent Controller in the petition seeking eviction of the respondent therein. The said proceedings resulted in an appeal filed by the appellant herein before the Rent Control Appellate Authority (sub Court) which upheld the decision of the Rent Controller. Against the said concurrent orders the respondent herein approached the High Court of Judicature at Madras in Page 1 of 12 the Civil Revision Petition. The High Court reversed the concurrent decisions, which is assailed by the appellant herein. Since the rank assigned to the parties is different in the various proceedings, for the sake of convenience and clarity the appellant herein who was the original ...

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Sep 23 2019 (SC)

Kanchan Dua Vs. Union of India

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos.7459-7460 of 2010 KANCHAN DUA Versus .... Appellant(s) UNION OF INDIA & ANR. . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.Sanction was accorded by the President of India for the 1. modifications to the Rules/Regulations concerning pensionary benefits to the Armed Forces personnel on 31.01.2001. Pensionary benefits upon the death or disability in attributable/aggravated cases is dealt with in Part II thereof. Category E of Part II is as follows: Category E Death or disability arising as a result of: - a)Enemy action in international war. b)Action during deployment with a peace keeping mission abroad. c)Border skirmishes. d)During laying or clearance of mines including enemy mines as also minesweeping Operations. 1 e)On account of accidental explosions of mines while laying Operationally oriented mine-field or lifting or negotiating mine-field laid by the enemy or own forces in Operational areas n...

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Sep 23 2019 (SC)

The Authorized Officer,indian Bank Vs. D. Visalakshi

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).6295 OF2015The Authorised Officer, Indian Bank ..Appellant(s) D. Visalakshi and Anr. Versus With .Respondent(s) Civil Appeal No(s) 75547555 of 2019 (Arising out of SLP (C) No(s).1243012431 of 2015) Criminal Appeal No(s) 14631464 of 2019 (Arising out of SLP (Crl.) No(s).393394 of 2019) Civil Appeal No(s) 7557 of 2019 (Arising out of SLP (C) No(s) 23193 of 2019) (Arising out of Diary No(s).47134 of 2018 Civil Appeal No(s) 7558 of 2019 (Arising out of SLP (C) No(s).7121 of 2019) Criminal Appeal No(s) 1465 of 2019 (Arising out of SLP (Crl.) No(s).3507 of 2019) Criminal Appeal No(s) 1478 of 2019 (Arising out of SLP (Crl.) No(s).3689 of 2019) Criminal Appeal No(s) 1466 of 2019 (Arising out of SLP (Crl.) No(s).4351 of 2019) Criminal Appeal No(s) 1467 of 2019 (Arising out of SLP (Crl.) No(s).4293 of 2019) 2 Criminal Appeal No(s) 1468 of 2019 (Arising out of SLP (Crl.) No(s).4387 of 2019) Criminal Appeal ...

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Sep 23 2019 (SC)

State of u.p. Vs. Vinod Kumar Katheria

Court : Supreme Court of India

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.149 OF2017STATE OF UP AND OTHERS ...Appellants VINOD KUMAR KATHERIA Respondent VERSUS JUDGMENT R. BANUMATHI, J.1. This appeal arises out of the judgment dated 06.05.2016 passed by the High Court of Judicature at Allahabad in Special Appeal Defective No.347 of 2016 in and by which the High Court has allowed the appeal filed by the respondent setting aside the dismissal order passed against the respondent.2. Brief facts which led to filing of this appeal are as under:- The respondent-employee was working as Lekhpal in the Revenue Department of the Government of U.P. since the date of his appointment with effect from 16.01.1990. During the respondents posting as Lekhpal in District Mainpuri, the respondent was suspended vide order dated 17.05.2008 by the 2 Sub-Divisional Magistrate, Mainpuri District. A charge sheet dated 01.07.2008 was issued by the appellant against the respondent wherein seven s...

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Sep 23 2019 (SC)

M/S. Canara Nidhi Limited Vs. M. Shashikala

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7544-7545 OF2019(Arising out of SLP(C) Nos.35673-74 of 2014) M/S. CANARA NIDHI LIMITED ...Appellant VERSUS M. SHASHIKALA AND OTHERS Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. In the application under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) seeking to set aside the award, whether the parties can adduce evidence to prove the specified grounds in sub-section (2) to Section 34 of the Act, is the question falling for consideration in these appeals. 1 3. These appeals arise out of the judgment dated 12.09.2014 passed by the High Court of Karnataka at Bangalore in Writ Petition Nos.18374-75 of 2010 (GM-RES) in and by which the High Court set aside the order passed by the District Judge and directed the District Judge to recast the issues and permit respondent Nos.1 and 2 to file affidavits of their witnesses and also permitting cross-examination of the witnesses.4. Brief...

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Sep 23 2019 (SC)

Govindbhai Chhotabhai Patel Vs. Patel Ramanbhai Mathurbhai

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7528 OF2019(ARISING OUT OF SLP (CIVIL) No.4382 OF2019 GOVINDBHAI CHHOTABHAI PATEL & ORS. .....APPELLANT(S) PATEL RAMANBHAI MATHURBHAI .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1)2) 3)4) Leave granted. The order passed by the High Court of Gujarat on September 5, 2018 in second appeal is the subject matter of challenge in the present appeal on behalf of the plaintiffs-appellants. The appellants are sons of Chhotabhai Ashabhai Patel1 who died on December 6, 2001. During his life time, he purportedly executed a gift deed dated November 15, 1977 in favour of defendant Ramanbhai Mathurbhai Patel2. The parties went to trial on the following issues: (i) Whether the plaintiffs prove that the disputed gift deed is 1 2 for short, Donor for short, Donee 1 fabricated?. (ii) Whether the plaintiffs prove that the suit properties are ancestral properties and late Chhotabhai Ashabhai had no right to execute ...

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Sep 23 2019 (HC)

smt.suramma W/O Thipperudrappa Vs. The State of Karnataka

Court : Karnataka - Dharwad

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE23R D DAY OF SEPTEMBER2019BEFORE THE HONBLE MR. JUSTICE K. SOMASHEKAR CRIMINAL PETITION NO.100214/2019BETWEEN : 1 . 2 . 3 . SMT.SURAMMA W/O THI PPERUDRA PPA, AGED ABOUT:61. YEARS, OCC: HOUSEWIFE, R/O: NEAR MALLA MMA TEMPLE, W.NO.5, KAKARLA TOTA, BALLARI . THIPPERUDRA PPA S/O LAT E GURRA PPA, AGED ABOUT:67. YEARS, OCC: RETIRED EM PLOY EE, R/O: NEAR MALLA MMA TEMPLE, W.NO.5, KAKARLA TOTA, BALLARI . BHAGYAMMA D/O THIPPERUDRA PPA , AGED ABOUT:35. YEARS, OCC: TEACHER, R/O: NEAR MALLA MMA TEMPLE, W.NO.5, KAKARLA TOTA, BALLARI . 4 . MALLIKARJUNA S/ O D .HONN URAPPA , AGED ABOUT:52. YEARS, OCC: BUSINESSMA N, R/O: NEAR MALLA MMA TEMPLE, W.NO.5, KAKARLA TOTA, BALLARI . ... PETITIONERS (BY SRI. AMARE GOUDA AND SMT. M.KEERTHI , ADVS .) AND1. THE STATE OF KARNATAKA BALLARI W OMEN POLICE STATION , REPRES ENTED BY THE2. STATE PUBLIC PR OSECUTOR , HIGH COURT OF K ARNATAKA, DHARWAD BEN CH, AT DHARWAD . SMT.HOSURAMMA W/O HANAMANTHA PPA , AGE...

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Sep 23 2019 (HC)

Sri Puneet S Vs. State of Karnataka

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF SEPTEMBER, 2019 BEFORE THE HONBLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL APPEAL No.1597/2018 BETWEEN SRI PUNEET S S/O SOMASHEKAR AGED20YEARS R/O SANJAY NAGAR II CROSS, # 896 NEAR GARADI MANE DODDABALLAPUR BENGALURU RURAL DISTRICT - 56203 APPELLANT (BY SRI VEERANNA G. TIGADI, ADV.) AND STATE OF KARNATAKA REP BY CIRCLE INSPECTOR OF POLICE MULBAGIL POLICE STATION MULBAGIL, DIST: KOLAR REP BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA BENGALURU560001 RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION101OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED808.2018 2 PASSED IN S.C.NO.97/2016 BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR. THIS CRL.A HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON0609.2019 COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT The present ap...

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