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May 09 2019 (SC)

Birla Corporation Ltd. Vs. Adventz Investments and Holdings Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.875 OF2019(Arising out of SLP(Crl.) No.9053 of 2016) BIRLA CORPORATION LIMITED ...Appellant VERSUS ADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS ...Respondents WITH CRIMINAL APPEAL No.877 OF2019(Arising out of SLP(Crl.) No.4609 of 2019 @ D. No.6405 of 2019) BIRLA BUILDINGS LIMITED ...Appellant VERSUS BIRLA CORPORATION LIMITED ...Respondent WITH CRIMINAL APPEAL No.876 OF2019(Arising out of SLP(Crl.) No.4608 of 2019 @ D. No.6122 of 2019) GOVIND PROMOTERS PVT. LTD. ...Appellant VERSUS BIRLA CORPORATION LIMITED ...Respondent JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals arise out of the judgment dated 15.05.2015 passed by the High Court of Calcutta in C.R.R. No.323 of 2011 in 1 and by which the High Court quashed the complaint of the appellant-Company filed under Sections 379, 403 and 411 IPC read with Section 120-B IPC qua documents No.1 to 28 of the Schedule. Insofar as documents No....

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May 08 2019 (SC)

Manohar M. Galani Vs. State of Gujarat .

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6396 OF2012MANOHAR M. GALANI APPELLANT(S) Versus STATE OF GUJARAT & ORS. RESPONDENT(S) JUDGMENT Deepak Gupta, J.1. Briefly stated the facts necessary for disposal of this appeal are that the appellants sister had started a firm in the name of M/s. Jubilee Capital Market Services at Ulhasnagar for sale and purchase of shares and other related financial services. The appellant who was otherwise employed with the Punjab National Bank was helping his sister in the firm. One Mr. Kishore K. Keswani started investing in shares and stocks through the aforesaid firm in March, 1992. During 1993, the share market 2 crashed resulting in very heavy losses to all investors. Mr. Keswani, however, blamed the appellant for the loss of approximately rupees 13 lakhs allegedly suffered by him. Thereafter, the said Mr. Keswani instituted as many as 10 cases against the appellant and his family members directly or wit...

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May 08 2019 (SC)

Sant Lal Gupta Vs. Umesh Kumar Jain

Court : Supreme Court of India

CONTEMTP PETITION (C) NOS.1505-1506 OF2017IN SLP (C) NOS.10375-10376 OF2017SANT LAL GUPTA & ORS. VS. UMESH KUMAR JAIN & ORS. 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (CIVIL) NOS.1505-1506/2017 IN SPECIAL LEAVE PETITION (CIVIL) NOS.10375-10376 OF2017SANT LAL GUPTA & ORS. Petitioner(s) VERSUS UMESH KUMAR JAIN & ORS. Respondent(s)/ Alleged Contemnor(s) WITH MA NO.1260/2018 IN C.A. NO.9439 OF2003MA NO.1261/2018 IN C.A. NO.9439 OF2003MA NO.1262/2018 IN C.A. NO.9439 OF2003MA NO.1263/2018 IN C.A. NO.9439 OF2003JUDGMENT Uday Umesh Lalit, J.1. This Contempt Petition inter alia seeks enforcement of the order dated 31.03.2017 passed by this Court in SLP(C)..CC No.6319 of 2017 and prays for direction that the contempt petitioners be put in possession of CONTEMTP PETITION (C) NOS.1505-1506 OF2017IN SLP (C) NOS.10375-10376 OF2017SANT LAL GUPTA & ORS. VS. UMESH KUMAR JAIN & ORS. 2 12 apartments indicated in the Contempt Petition. The order dated 31.03.2017 passed...

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May 08 2019 (SC)

M/S. Steel Authority of India Ltd. (Unit Bhilai Steel Plant) Ispat Bha ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2150 OF2012M/S. STEEL AUTHORITY OF INDIA LTD. ..APPELLANT(S) VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR ..RESPONDENT(S) WITH CIVIL APPEAL NO.2562/2012 CIVIL APPEAL NO.600/2013 CIVIL APPEAL NO.1522-23/2013 CIVIL APPEAL NO.599/2013 JUDGMENT K.M. JOSEPH, J.1. A Bench of two judges doubted the correctness of the judgment rendered by a Bench of two learned judges of this Court in CCE v. SKF India Ltd. 2009 (13) SCC461(hereinafter referred to as 1 the SKF Case) as also the another judgment rendered by the same Bench in CCE v. International Auto Ltd. 2010 (2) SCC672and on the said basis to resolve the controversy the matter stood posted before us.2. Very briefly put, the question which we are called upon to consider and resolve is as to whether interest is payable on the differential excise duty with retrospective effect that become payable on the basis of escalation clause under Section 11AB of the Centr...

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May 08 2019 (SC)

Nilesh Laxmichand Vs. Shantaben Purushottam Kakad (Since Deceased) by ...

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4268 OF2019NILESH LAXMICHAND AND ANOTHER ... APPELLANT(S) VERSUS SHANTABEN PURUSHOTTAM KAKAD (SINCE DECEASED) BY LRS ... RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. This appeal by special leave is directed against the Order dated 24.09.2018 passed by the High Court of Bombay in Civil Revision Application No.29 of 2018. By the impugned Order, the Revision Application filed by the appellants challenging the Order of the Appellate Bench of the Small Causes Court at Bombay in Appeal No.19 of 2013 has been dismissed. Thereby the result is that the suit filed by the respondents for eviction of the appellants under Section 16(i)(c), 16(i)(e) and 16(1)(n) of the 1 Maharashtra Rent Control Act, 1999 (hereinafter referred to as the Act, for short), has been decreed against the appellants.2. The original RAE Suit No.1681 of 2006 was filed by one Shantaben Purushottam Kakad (the respondents in this appeal are the legal represe...

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May 08 2019 (SC)

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4779 OF2019(Arising out of Special Leave Petition (Civil) No.19033 of 2017) Ssangyong Engineering & Construction Co. Ltd. Appellant Versus National Highways Authority of India (NHAI) Respondent JUDGMENT R.F. NARIMAN, J.1. 2. Leave granted. The respondent, National Highways Authority of India [NHAI]., invited bids for construction of a four-lane bypass on National Highway 26 in the State of Madhya Pradesh. The appellants bid was accepted vide its letter of acceptance dated 30.12.2005, for a total contract value of INR21901,16,805/-. The appellant before us is a company registered under the laws of the Republic of Korea, whereas the respondent is a Government of India undertaking, responsible for 1 construction of National Highways throughout the territory of India. The components used in execution of work for which price adjustment was payable to the appellant are labour, plant and machinery, petrole...

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May 07 2019 (SC)

State by the Superintendent of Police Vs. Shakul Hammed

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 863864 OF2019(Arising out of SLP(Crl.) No(s). 97839784 of 2018) STATE BY THE SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY, KOCHI ..APPELLANT(s) VERSUS SHAKUL HAMEED ..RESPONDENT(s) JUDGMENT Rastogi, J.Leave granted.2. The instant appeals have been filed against the judgment dated 12th September, 2018 passed by the High Court of Judicature at Madras granting bail in default to the accused respondent after setting aside the order dated 12th December, 2017 and 18th January, 2018 passed by the Special Court(under National Investigation Agency Act, 2008), Chennai holding that the detention of the accused/respondent for a further period of 1 90 days was not in compliance of Section 43D(2)(b) of the Unlawful Activities(Prevention) Act, 1967(hereinafter being referred to as (UAP Act, 1967) 3. The facts giving rise to these appeals insofar as they are relevant for disposal are that as p...

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May 07 2019 (SC)

Union of India Vs. Mubarak @ Mohammed Mubarak

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 865 OF2019(Arising out of SLP(Crl.) No(s). 9595 of 2018) UNION OF INDIA ..Appellant(s) VERSUS MUBARAK @ MUHAMMED MUBARAK ..Respondent(s) JUDGMENT Rastogi, J.Leave granted.2. The instant appeal has been filed against the judgment dated 12th September, 2018 passed by the High Court of Judicature at Madras granting bail in default to the accused/respondent after setting aside order of the Special Court (under National Investigation Agency Act, 2008), Chennai dated 22nd March, 2018 1 holding that the remand of the accused/respondent by the Special Court for a further period of 90 days was not in compliance to the mandate of Section 43D(2)(b) of Unlawful Activities(Prevention) Act, 1967(hereinafter being referred to as UAP Act, 1967).3. The facts giving rise to this appeal insofar as they are relevant for disposal are that a case was initially registered at Police Station Thudialur in Cr. No.7...

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May 07 2019 (SC)

Rafiq Qureshi Vs. Narcotic Control Bureau Eastern Zonal Unit

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.567 OF2019(arising out of SLP(CRL.) No.10246 of 2018) RAFIQ QURESHI .... APPELLANT(S) VERSUS NARCOTIC CONTROL BUREAU EASTERN ZONAL UNIT .... RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the judgment dated 17.04.2018 of High Court of Calcutta, partly allowing the appeal filed by the appellant challenging his conviction and sentence under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Additional District & Sessions Judge had convicted the appellant and sentenced him under Section 21(c) to suffer rigorous imprisonment for a term of eighteen years and to pay fine of Rs.2 lakh, and in default to 2 suffer imprisonment for twelve months. High Court while maintaining the conviction has reduced the sentence to sixteen years rigorous imprisonment with fine of Rs. 2 lakh and in default of payment of such fine, appellant was to undergo simple i...

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May 07 2019 (SC)

Hemareddi (D) Through Lrs. Vs. Ramachandra Yallappa Hosmani .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4103 OF2008HEMAREDDI (D) THROUGH LRs. ....APPELLANT(S) VERSUS RAMACHANDRA YALLAPPA HOSMANI AND ORS. ....RESPONDENT(S) K.M. JOSEPH, J.JUDGMENT1 This appeal by special leave is directed against the order of the High Court in Regular First appeal No.717 of 1998. By the impugned judgment, the High Court has taken the view that the appeal filed by 1 the appellant does not survive for consideration. This is on the following reasoning: The appeal was filed by the appellant and his late brother against the judgment by the trial court dismissing the suit filed by them. The relief in the suit was to declare that defendant No.1 was not the adopted son and he has no title or interest over the suit property and for prohibitory injunction against the defendant not to disturb the joint possession of the suit agricultural land of the plaintiff and defendant No.2.2. It was the appellants case that one Govindareddi, th...

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