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Oct 01 2020 (SC)

Gujarat Mazdoor Sabha Vs. The State of Gujarat

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No.708 of 2020 Gujarat Mazdoor Sabha & Anr. The State of Gujarat ...Petitioners Versus ...Respondent JUDGMENT Dr Dhananjaya Y Chandrachud, J Index A B C D E F G H I The Notifications Grounds of challenge The power under Section 5 of the Factories Act, 1962 Precedent on public emergency and security of the state Interpreting public emergency in Section 5 Scheme and objects of the Factories Act, 1962 Social and economic value of overtime Constitutional vision of social and economic democracy Summation 1 PART A1Invoking its powers under Section 5 of the Factories Act, 19481, the State of Gujarat has exempted factories from observing some of the obligations which employers have to fulfil towards the workmen employed by them. The government justifies the action on the ground that industrial employers are faced with financial stringency in the economic downturn resulting from the outbreak of COVID -19....

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Oct 01 2020 (SC)

M/S Arun Kumar Kamal Kumar . Vs. M/S Selected Marble Home .

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8980 OF2017M/S ARUN KUMAR KAMAL KUMAR & ORS. APPELLANT(S) VERSUS M/S SELECTED MARBLE HOME & ORS. RESPONDENT(S) JUDGMENT S. ABDUL NAZEER, J.1. In this appeal, the appellants have questioned the legality and correctness of the final judgment and order dated 11.02.2010 passed by the High Court of Delhi in FAO(OS)No.450/2009 whereby the Division Bench of the High Court dismissed the appeal filed against the judgment of the Learned Single Judge of the High Court dated 24.07.2009 passed in C.S.(OS)NO(s).647A/1998 and 715 A/1998 whereby the Learned Single Judge had rejected the 2 objections of the appellants and made the Award dated 16.03.1998 the rule of the court. However, vide the impugned judgment the Division Bench reduced the rate of interest from 16% per annum to 9% per annum as applicable to future interest i.e. from the date of the Award, 16.03.1998, till the date of the judgment. This reduct...

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Oct 01 2020 (SC)

M/S Magma Fincorp Ltd. (Formerly Magma Leasing Limited) Vs. Rajesh Kum ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5622 OF2019(ARISING OUT OF SLP (C) No.33720 OF2018 M/S Magma Fincorp Ltd. ..Appellant versus Rajesh Kumar Tiwari ..Respondent JUDGMENT Indira Banerjee, J.This appeal is against an order dated 2nd August, 2018 passed by the National Consumer Disputes Redressal Commission [hereinafter referred to as the National Commission]., dismissing Revision Petition No.5 of 2018, filed by the Appellant [hereinafter referred to as the Financier]., under Section 21(b) of the Consumer Protection Act, 1986, against an order dated 31st August, 2017 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh [herein after referred to as the State Commission]., dismissing Appeal No.1704 0f 2008 filed by the Financier, and 2 affirming the order dated 22nd August, 2008 passed by the District Consumer Disputes Redressal Forum, Ambedkar Nagar, Uttar Pradesh [hereinafter referred to as the District Forum]., whe...

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Oct 01 2020 (SC)

Parvez Noordin Lokhandwalla Vs. State of Maharashtra

Court : Supreme Court of India

1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.648 of 2020 (Arising out of SLP(Crl) No 3420 of 2020) Parvez Noordin Lokhandwalla State of Maharashtra & Anr. Versus ...Appellant(s) ...Respondent(s) Dr Dhananjaya Y Chandrachud JUDGMENT12 Leave granted. This appeal arises from a judgment and order of a Single Judge of the High Court of Judicature at Bombay1 dated 23 July 2020. The High Court, by its order which is in appeal, declined to modify its earlier order dated 19 May 2020 so as to permit the appellant to travel to the US for a period of eight weeks from 25 July 2020 to 6 September 2020. The appellant sought the leave of the High Court to do so since as a Green Card holder, it was mandatory for him to return to the US within a stipulated period of his departure from that country, failing which the conditions for revalidation of the Green Card would not be fulfilled. The High Court declined to relax the conditions imposed by it for the g...

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Sep 30 2020 (SC)

Neetu Yadav Vs. Sachin Yadav

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.455 OF2020NEETU YADAV ...PETITIONER(S) Versus SACHIN YADAV RESPONDENT(S) ORDER1 The wife has come up with the above petition seeking transfer of a divorce petition bearing H.M.A. No.3200 of 2019 titled as Sachin Yadav Vs. Neetu Yadav filed by the respondenthusband on the file of the Principal Judge, Family Court, South West, Dwarka Courts, New Delhi, to the Court of the Principal Judge, Family Court, Indore, Madhya Pradesh.2. Heard learned counsel on both sides. 2 3. The marriage of the petitioner with the respondent was solemnized on 21.02.2008 at Indore, Madhya Pradesh. Two children, a girl and a boy, were born in the wedlock. While the girl is now aged about 11 years, the boy is aged about 8 years.4. Admittedly, the respondenthusband filed a petition for dissolution of marriage on the ground of cruelty in H.M.A case No.3200 of 2019 on the file of the Principal Judge, Family Court, South West, Dw...

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Sep 30 2020 (SC)

Satish @ Sabbe Vs. The State of Uttar Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) No.7369 of 2019 Satish @ Sabbe ..... Petitioner(s) VERSUS The State of Uttar Pradesh .....Respondent(s) WITH SPECIAL LEAVE PETITION (CRL.) No.8326 of 2019 Surya Kant, J: JUDGMENT1 These petitions, which were heard through video conferencing, have been filed by Satish and Vikky @ Vikendra alias Virendra, seeking special leave to appeal against a common order dated 28.04.2017 of the Allahabad High Court through which their appeal against conviction under Section 364A of the Indian Penal Code, 1860 (hereinafter, IPC) and consequential sentence of life imprisonment, was turned down. Page | 1 FACTS2 The undisputable facts of the case are that on the evening of 12.06.2002, when one Vishal Sarawat (the victim) was on his way to meet a friend, he was stopped by an acquaintance Ramvir Rana who asked him for a lift to his house. The unsuspecting victim walked into Ramvirs house where he was th...

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Sep 30 2020 (SC)

Subed Ali Vs. The State of Assam Home Department Secretary

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1401 OF2012SUBED ALI AND OTHERS ...APPELLANT(S) VERSUS THE STATE OF ASSAM ...RESPONDENT(S) NAVIN SINHA, J.JUDGMENT The conviction of the appellants under Section 302/34 of the Indian Penal Code (for short, I.P.C.) by the Sessions Judge, North Lakhimpur, has been affirmed by the High Court, sentencing them to life imprisonment along with fine and a default stipulation. Thus, the present appeal by the appellants.2. The prosecution alleged that the two deceased, Abdul Motin and Abdul Barek were assaulted on 05.08.2005 at about 06.00 PM while they were returning from the market 1 on bicycles along with others. Abdul Barek died on the spot. Abdul Motin died in the hospital during the course of treatment the same night. Originally there were five named accused persons. Accused nos.3 and 5 have been acquitted giving them the benefit of doubt. We are not informed of any appeal preferred against their ac...

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Sep 30 2020 (SC)

Kaushik Chaterjee Vs. State of Haryana

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL.) NO.456 OF2019KAUSHIK CHATTERJEE ...PETITIONER(S) Versus STATE OF HARYANA & ORS. RESPONDENT(S) WITH Transfer Petition (Crl.) No.666 of 2019 Transfer Petition (Crl.) No.681 of 2019 JUDGMENT1 Seeking transfer of three criminal cases, all pending on the file of the Court of the Additional Judicial Magistrate, Gurugram, Haryana, to any competent Court in New Delhi, a person who is implicated as one of the accused in those three cases has come up with the above transfer petitions. 2 2. I have heard Mr. Vikas Singh, learned Senior Counsel appearing for the petitioner, Mr. Deepak Thukral, learned counsel appearing for the State of Haryana and Mr. Neeraj Kishan Kaul, learned Senior Counsel appearing for the de facto complainant, who is the second respondent herein.3. The petitioner herein was appointed on 04.08.2016 as the Group Chief Risk OfficerExecutive Director of the second respondent, which ...

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Sep 29 2020 (SC)

The State of Madhya Pradesh Vs. Amit Shrivas

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8564 OF2015STATE OF MADHYA PRADESH & ORS. APPELLANTS AMIT SHRIVAS RESPONDENT Versus JUDGMENT SANJAY KISHAN KAUL, J.1. The respondent raises a claim of entitlement to compassionate appointment on account of the demise of his father late Shri Ranglal Shrivas, who was working as a Driver in the Tribal Welfare Department, Bhind, Madhya Pradesh, since 6.6.1984 till he passed away on 11.12.2009, i.e., over a period of almost 23 years.2. The claim of the respondent was predicated on the nature of employment of his late father, who was initially appointed as a work- charged employee. On 12.3.1987, he was made permanent and was paid 1 salary at a regular pay-scale. The benefits of revision of pay and krammonati (promotion) were also extended to him from time to time. On the demise of late Shri Ranglal Shrivas, he left behind an ailing wife, a son (i.e., the respondent herein) and three daughters and is stated ...

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Sep 28 2020 (SC)

Maheshwar Tigga Vs. The State of Jharkhand

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.635 OF2020(Arising out of SLP (Crl.) No.393 of 2020) MAHESHWAR TIGGA ...APPELLANT(S) VERSUS THE STATE OF JHARKHAND ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.Leave granted.2. The appellant assails his conviction under sections 376, 323 and 341 of the Indian Penal Code (in short, IPC) sentencing him to seven years, one year and one month respectively with fine and a default stipulation.3. The prosecutrix, PW9 lodged FIR No.25 of 1999 on 13.04.1999 alleging that four years ago the appellant had 1 outraged her modesty at the point of a knife. He had since been promising to marry her and on that pretext continued to establish physical relations with her as husband and wife. She had also stayed at his house for fifteen days during which also he established physical relations with her. Five days prior to the lodging of the F.I.R, the appellant had established physical relations with her on 09.04.1999. T...

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