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Feb 20 2019 (SC)

Sri Munisuvrata Agri International Ltd. Vs. Sleepwell Industries Co. L ...

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE SPECIAL LEAVE PETITION (CIVIL) No.540 OF2018LMJ International Ltd. Sleepwell Industries Co. Ltd. :Versus: WITH ..Petitioner(s) ....Respondent(s) SPECIAL LEAVE PETITION (CIVIL) No.5493 OF2019(D. No.42537/2018) Sri Munisuvrata Agri International Ltd. ..Petitioner(s) :Versus: Sleepwell Industries Co. Ltd. ....Respondent(s) A.M. Khanwilkar, J.JUDGMENT1 These special leave petitions emanate from the judgment and orders dated 22nd August, 2017 passed by the High Court at Calcutta in G.A. No.3306/2016 in E.C. No.487/2013 and dated 9th July, 2018 in G.A. No.3307/2016 in E.C. 2 No.488/2013, respectively. The special leave petitions pertain to two execution petitions filed by the respondent award holder concerning two separate foreign awards. Since the questions raised in both these petitions are overlapping, the same are being answered together.2. The parties had entered into separate contracts for sale of Non Basmati Parb...

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Feb 19 2019 (SC)

Laltu Ghosh Vs. The State of West Bengal

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.312 OF2010LALTU GHOSH ...APPELLANT VERSUS STATE OF WEST BENGAL ...RESPONDENT JUDGMENT MOHAN M. SHANTANAGOUDAR, J.The judgment dated 15.05.2009 passed by the High Court of Calcutta in Government Appeal No.30 of 1987 is called into question in this appeal by the convicted accused.2. The case of the prosecution in brief is that there was a dispute between Ananta Ghosh (accused, since deceased) and the victim Keshab, his neighbour, concerning the boundary of the landed property in which they had their 1 respective houses; about 9.30 am on 30.04.1982, accused Ananta Ghosh called the deceased Keshab by standing in front of the house of the deceased; the deceased accordingly came out of his house and his son PW1 followed him; at that point of time, Ananta Ghosh picked a quarrel with the deceased and thereafter instigated his sons Laltu Ghosh and Paltu Ghosh as well as his friend Sakti @ Sero Karmaka...

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Feb 19 2019 (SC)

md.rojali Ali . Vs. The State of Assam Ministry of Home Affairs Throug ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1839 OF2010Md. Rojali Ali & Ors. .....Appellants Versus The State of Assam , Ministry of Home Affairs through the Secretary .....Respondent JUDGMENT MOHAN M. SHANTANAGOUDAR, J.In this most unfortunate and beastly incident, four persons fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by the armed accused, without any instigation or provocation. 1 2. Against the concurrent judgments of conviction and sentence dated 29.04.2006 passed by the Additional Sessions Judge, Barpeta in Sessions Case No.68/2001 and the judgment dated 5.3.2010 passed in Criminal Appeal No.121 of 2006 passed by the Gauhati High Court, this appeal is presented by the convicted accused.3. The case of the prosecution in brief is that 26 persons including the appellants herein, armed with deadly weapons like spears, arrows, lathis etc...

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Feb 19 2019 (SC)

Union of India Vs. Avtar Chand

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.34163445 OF2010Union of India & Anr. .Appellant(s) VERSUS Avtar Chand Etc. Etc. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and order dated 01.03.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Writ Petition Nos. 3126, 3128, 3129, 3130, 3132, 31333145, 31483151 and 31533161 of 2007 whereby the High Court dismissed the writ petitions filed by the appellants herein. 1 2. A few facts need mention infra for the disposal of these appeals which involve a short point.3. The appellant No.1 is the Union of India (Commander, Western Base Workshop, General Reserve Engineers Force at Pathankot) and respondent No.2 is its official (Chief Engineer(Project), Sampark, P.O. Gangyal, Jammu) whereas the respondents are the workers.4. The respondents, who were the skilled workers, worked with the appellant No.1s workshop (GREF) at Pathankot f...

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Feb 19 2019 (SC)

Balvir Singh Vs. The State of Madhya Pradesh

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1115 OF2010REPORTABLE BALVIR SINGH VERSUS Appellant STATE OF MADHYA PRADESH Respondent WITH CRIMINAL APPEAL NO.1116 OF2010BHAV SINGH Appellant VERSUS STATE OF MADHYA PRADESH Respondent CRIMINAL APPEAL NO.1119 OF2010HARNAM SINGH Appellant VERSUS STATE OF MADHYA PRADESH Respondent JUDGMENT R. BANUMATHI, J.These appeals arise out of the judgment dated 26.08.2008 passed by the High Court of Judicature at Madhya Pradesh at Jabalpur in and by which the High Court affirmed the conviction of the appellants (Accused No.1 to4) under Sections 341, 302 and 302 read with 34 IPC and the sentence of imprisonment for life imposed upon each of the accused. 1 The High Court also affirmed the conviction of the appellant/accused Harnam Singh under Section 25(1A) read with Section 27 of the Arms Act and the sentence of three years rigorous imprisonment imposed upon him.2. Briefly stated case of the prosecution is that on 11.03...

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Feb 19 2019 (SC)

Common Cause Vs. Union of India

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION [C]. NO.54 OF2019COMMON CAUSE & ANR. PETITIONER(S) VERSUS UNION OF INDIA & ANR. RESPONDENTS JUDGMENT ARUN MISHRA, J.1. The writ petition has been filed under Article 32 of the Constitution of India seeking issuance of a writ of mandamus to direct Union of India to appoint a regular Director of CBI forthwith by following the procedure laid down in section 4A of the Delhi Special Police Establishment Act, 1946. Prayer has also been made to quash the order dated 10.1.2019 issued by Union of India appointing Mr. Nageshwar Rao as the interim Director of CBI. A further prayer has been made to issue appropriate writ or direction to the Union of India to ensure that all records of deliberations and rational criteria of shortlisting and selection of the Director, CBI be properly recorded and made available to citizens in 2 consonance with the provisions of the RTI Act. A further prayer has been made to direct...

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Feb 19 2019 (SC)

The State of Madhya Pradesh Vs. Harjeet Singh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1190 OF2009State of Madhya Pradesh Appellant Versus Harjeet Singh & Anr. Respondents JUDGMENT INDU MALHOTRA, J.1. The present Criminal Appeal has been filed by the State of Madhya Pradesh against the judgment and order dated 03.01.2006 passed by the Gwalior Bench of the Madhya Pradesh High Court, in Criminal Appeal No.657/1998. The Criminal Appeal was filed by the Respondents against their conviction under Section 307 of the Indian Penal Code (hereinafter referred to as Section 307). The 1 High Court reduced the conviction of the Respondents from Section 307 to Section 324 of the Indian Penal Code 2. (hereinafter referred to as Section 324). The facts of the case, briefly stated, are as under:2. 1 The case of the Complainant Sukhdev, as recorded in the F.I.R., is that on 12.11.1997 the ComplainantSukhdev along with his brothers Balveer Yadav and Deshraj Yadav, had gone to the District Court, A...

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Feb 18 2019 (SC)

Tamil Nadu Polution Control Board Vs. Sterlite Industries (I) Ltd. .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4763-4764 OF2013TAMIL NADU POLLUTION CONTROL BOARD APPELLANT(S) VERSUS STERLITE INDUSTRIES (I) LTD. & ORS. RESPONDENT(S) WITH CIVIL APPEAL NOS. 8773-8774 OF2013CIVIL APPEAL NOS. 9542-9543 OF2013CIVIL APPEAL No.5782 OF2014CIVIL APPEAL NOS. 1552-1554 OF2019CIVIL APPEAL No.23 OF2019CIVIL APPEAL No.1582 OF2019JUDGMENT R.F. NARIMAN, J.1. The present appeals arise out of orders that have been passed by the National Green Tribunal [NGT]. dated 31.05.2013, 08.08.2013, 1 and 15.12.2018. The brief facts necessary to appreciate the controversy raised in the present case are as follows.2. The respondent, Sterlite Industries (India) Ltd. / Vedanta Ltd., was operating a copper smelter plant at the State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) Industrial Complex at Thoothukudi, Tamil Nadu. On 01.08.1994, the respondent received a No-Objection Certificate [NOC]. from the Tamil Nadu Pollution C...

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Feb 18 2019 (SC)

Mmtc Ltd. Vs. m/s.vedanta Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1862 OF2014MMTC LTD. APPELLANT Versus M/S VEDANTA LTD. RESPONDENT JUDGMENT MOHAN M. SHANTANAGOUDAR, J.This civil appeal arises out of the judgment and final order dated 09.02.2009 passed by a Division Bench of the High Court of Judicature at Bombay in Appeal No.949 of 2002, affirming the judgment and order dated 05.08.2002 of the Learned Single Judge whereby the Appellants Objections Petition challenging the Majority Award dated 27.06.2001 had been disallowed. Vide the Majority Award, the Appellant had been directed to pay certain amounts to the Respondent under their agreement dated 14.12.1993.2. The brief facts leading to the instant appeal are as follows: M/s Sterlite Industries (India) Ltd., (renamed M/s Vedanta Ltd., the Respondent herein) was a manufacturer of continuous Cast 1 Copper Rods. Vide the agreement dated 14.12.1993, MMTC Ltd. (the Appellant herein), a government company, was appoint...

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Feb 18 2019 (SC)

c.b.i. New Delhi Vs. b.b.agarwal .

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos.21072125 OF2011C.B.I. New Delhi .Appellant(s) VERSUS B.B. Agarwal & Ors. etc. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and order dated 18.04.2009 passed by the High Court of Delhi at New Delhi in Crl.MC Nos.572230 of 2006 & Crl.MA No.9675 of 2006, Crl.MC No.74 of 2007 & Crl.MA Nos.23536 of 1 2007, Crl.MC No.80 of 2007 & Crl.MA Nos.25960 of 2007 and Crl.MC No.2376 of 2007 & Crl.MA Nos.834142 of 2007 whereby the High Court allowed the criminal petitions filed by the respondents herein under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) and quashed the criminal proceedings in CBI Case No.RC.4(A)/94CBI/BSC/DLI pending before the Special Judge, Tis Hazari, Delhi against the respondents herein.2. A few facts need mention hereinbelow to appreciate the short controversy involved in these appeals...

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