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Apr 16 2019 (SC)

Ashatai Vs. Shriram City Union Finance Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3962 OF2019(Arising out of SLP (Civil) No.4925 of 2019) Ashatai w/o Anand Duparte Appellant versus Shriram City Union Finance Ltd. Respondent JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Civil Appeal has been filed to challenge the Order dated 30.11.2018 passed in Revision Petition No.472 of 2018 by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission). 1 2. The factual matrix in which the present case has been filed is as under :2. 1. The Complainant/Appellants husband Late Anand Duparte had obtained a personal loan of Rs. 2,00,000/ on 27.02.2015 from the Respondent Finance Company. The personal loan was advanced on 27.02.2015 after executing the loan agreement, and completing all legal formalities. The Respondent Finance Company secured the loan by issuance of an insurance policy by its sister concern i.e. M/s Shriram General Insurance C...

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Apr 16 2019 (SC)

Dr. R S Grewal Vs. Chander Parkash Soni

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 11086 of 2018 Dr RS Grewal & Ors VERSUS Chander Parkash Soni & Anr ..Appellants ..Respondents With Civil Appeal No 11087 of 2018 And with Civil Appeal No 11088 of 2018 JUDGMENT Dr Dhananjaya Y Chandrachud, J1This appeal arises from a judgment of a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh dated 21 January 2016 in a second appeal. The High Court reversed the judgment and the decree of the trial Court, which was confirmed in first appeal, by which a suit for possession of certain property in the occupation of the defendants as tenants had been decreed. 2 Dr Hira Singh was the owner of a residential house (shown in the site plan 2 filed together with the suit) together with some shops constructed on property bearing Municipal No B-XX-69 (Old) 515 (New) at College Road, Civil Lines, Ludhiana. The family pedigree is depicted below: Late Dr. Hira Singh (Died in 1945) Late ...

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Apr 16 2019 (SC)

Nisha Singla Vs. Adarsh Colony Cooperative House Building Society Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3963-3965 of 2019 (Arising out of SLP (C) NOs. 29157-29159 OF2011 NISHA SINGLA ........APPELLANT Versus ADARSH COLONY COOPERATIVE HOUSE BUILDING SOCIETY LTD. & ORS. .......RESPONDENTS JUDGMENT Hemant Gupta, J.Leave granted.2. Challenge in the present appeals is to an order passed on 16.05.2011 in the review application filed by the appellant and the order dated 09.12.2002 passed in Writ Petition No.19358 of 2002 by the High Court of Punjab and Haryana. 1 3. The case has a chequered history. The appellant is one of the founder members of the Society1 established to provide residential plots to its members. The Appellant deposited some amounts between 12.05.1975 to 15.01.1982 for the purpose of allotment of a residential plot. The credit balance as on 15.01.1982 is said to be Rs. 11,475/-. The Society made a request to the Chairman of Improvement Trust, Ludhiana for development of the land. The Improv...

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Apr 16 2019 (SC)

Regional Manager, u.p.s.r.t.c.. Vs. Maslahuddin (Dead)

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3959 OF2019[Arising out of SLP (C) No.29305 of 2008]. Regional Manager, U.P.S.R.T.C. & Anr. .. Appellants Versus Maslahuddin (Dead) .. Respondents [WITH C.A. No.3960 of 2019 [@ SLP (C) No.29295 of 2008]. and C.A. No.3961 of 2019 [@ SLP (C) No.29293 of 2008]. JUDGMENT M. R. Shah, J.1. Delay in filing the applications for substitution in SLP (C) No.29305 of 2008 and SLP (C) No.29295 of 2008 is condoned. Abetment, if any, is set aside and the applications for substitution are allowed in terms of the prayer made. 1.1 Leave granted.2. As common question of law and facts arise in these appeals, as such, arising out of the impugned judgment and order passed by 2 the High Court, all these appeals are being disposed of by this common judgment and order.3. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in W...

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Apr 16 2019 (SC)

Bikash Ranjan Rout Vs. The State Home Department Secretary

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.687 OF2019[Arising out of SLP (Crl.) No.297 of 2015]. Bikash Ranjan Rout .. Appellant Versus State through the Secretary (Home), Government of NCT of Delhi, New Delhi .. Respondent JUDGMENT M. R. Shah, J.1. 2. Leave granted. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.08.2014 passed by the High Court of Delhi in Criminal M. C. No.3386 of 2013 by which the High Court has dismissed the said petition and has confirmed the order passed by the learned Additional Chief Metropolitan Magistrate (West) Delhi dated 05.02.2013, by which the learned 2 Magistrate ordered further investigation, the original accused has preferred the present appeal.3. That the FIR was lodged against the appellant herein original accused on 28.09.2007 being FIR No.426/2007 at Police Station Janakpuri, Delhi for the offences under Sections 420, 468 and 471 of the IPC. That on completion of ...

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Apr 16 2019 (SC)

Bharat Broadband Network Limited Vs. United Telecoms Limited

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3972 OF2019(Arising out of Special Leave Petition (Civil) No.1550 of 2018) Bharat Broadband Network Limited Appellant Versus United Telecoms Limited Respondent WITH CIVIL APPEAL No.3973 OF2019(Arising out of Special Leave Petition (Civil) No.1644 of 2018) JUDGMENT R.F. NARIMAN, J.1. 2. Leave granted. The present appeals raise an interesting question as to the interpretation of Section 12(5) of the Arbitration and Conciliation Act, 1996 [Act]..3. The appellant, Bharat Broadband Network Ltd. [BBNL]., had floated a tender dated 05.08.2013 inviting bids for a turnkey project for supply, installation, commissioning, and maintenance of GPON equipment and solar power equipment. The respondent was the 1 successful L1 bidder. The appellant issued an Advance Purchase Order [APO]. dated 30.09.2014. Clause III.20.1 of the General (Commercial) Conditions of Contract [GCC]. provides for arbitration. The said clau...

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Apr 16 2019 (SC)

Lunawat Construction Company Rep. By Maniklal Peerchand Lunawat Vs. Un ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (c) No.96 OF2011Lunawat Construction Company, A Partnership Firm represented By its Partner Maniklal Peerchand Lunawat .Petitioner(s) VERSUS Union of India & Anr. Respondent(s) WITH TRANSFERRED CASE (c) No.30 of 2010 AND WRIT PETITION (c) No.36 OF2012JUDGMENT Abhay Manohar Sapre, J.1. By filing Writ Petition (c) No.96/2011 under Article 32 of the Constitution of India, the petitioner 1 therein has challenged the constitutional validity of The Ancient Monuments And Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (Annexure P 15).2. In connected writ petition and the Transferred Case, the petitioners have claimed the similar reliefs, which are claimed in the lead Writ Petition No.96/2011.3. Having heard the learned counsel for the parties and on perusal of the record of the case, we deem it just and proper to send these writ petitions and the transferred case to the High Court of Bo...

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Apr 16 2019 (SC)

Ranjit Kumar Karmakar @ Dulal Karmakar Vs. Hari Sankar Das

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3967 OF2019(Arising out of S.L.P.(C) No.8898 of 2015) Ranjit Kumar Karmakar @ Dulal Karmakar .Appellant(s) VERSUS Hari Shankar Das .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 24.09.2014 passed by the High Court of Tripura at Agartala in R.S.A. No.42 of 2007 whereby the High Court allowed the second appeal filed by the 1 respondent herein, set aside the judgment/decree dated 24.04.2007 passed by the Additional District Judge, West Tripura, Agartala in T.A. No.34 of 2006 and restored the judgment/decree dated 05.04.2006 passed by the Civil Judge(Junior Division) No.2, Agartala, West Tripura in T.S. No.103 of 2004.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. The appellant is the plaintiff and the respondent is the defendant of the civil suit out of which this ...

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Apr 16 2019 (SC)

Pr. Commissioner of Income Tax Central 2 Vs. M/S a.a. Estate Pvt. Ltd

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3968 OF2019(Arising out of S.L.P.(C) No.29524 of 2017) PR. Commissioner of Income Tax Central 2 .Appellant(s) VERSUS M/s A.A. Estate Pvt. Ltd. .Respondent(s) [[ JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 09.01.2017 passed by the High Court of judicature at Bombay in ITA No.1239 of 2014 whereby the High Court dismissed the appeal of the RevenueCommissioner of Income Tax Mumbai(appellant herein). 1 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. The appellant is the RevenueCommissioner of Income Tax, Mumbai, whereas the respondent is an assessee.5. The respondentassessee is a Company engaged in the business of development and building of properties. The dispute relates to the assessment year 200809.6. On 24.12.2009, the Assessing Officer (for short, the AO) completed the asse...

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Apr 16 2019 (SC)

G. Shashikala (Died) Through Lrs. Vs. G. Kalawati Bai(died) Through Lr

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.39693970 OF2019(Arising out of S.L.P.(C) Nos.3091130912 of 2018) G. Shashikala (Died) Through L.Rs. .Appellant(s) VERSUS G. Kalawati Bai(Died) Through L.R. & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. These appeals are filed against a common judgment and order dated 26.09.2018 passed by the High Court of Judicature at Hyderabad for the 1 State of Telangana and the State of Andhra Pradesh in CCCA No.40 of 2002 and TRCCA No.168 of 2003 whereby the High Court dismissed both the appeals filed by the appellants herein.3. A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.4. The appellants herein are the legal representatives of the original defendants and the respondents are the plaintiffs of the two suits being O.S. No.1402 of 1992 and O.S. No.432 of 1993.5. One suit was for declaration of title and delivery of possession of...

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