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Oct 16 2019 (SC)

Surgeon Rear Admiral Manisha Jaiprakash Vs. Union of India

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.8896-8897 of 2012 Surgeon Rear Admiral Manisha Jaiprakash .... Appellant(s) versus Union of India & Ors. .Respondent (s) JUDGMENT L. NAGESWARA RAO, J.These Appeals arises out of a judgment of the 1. Armed Forces Tribunal by which the rejection of the statutory complaint filed by the Appellant was upheld. The Appellant was commissioned in the Indian Army as a Lieutenant in the year 1975. She was promoted as a Brigadier on 05.12.2005 and as Rear Admiral/ Major General on 24.11.2007. The Appellant retired as Surgeon Rear Admiral on 31.05.2012. As she was not promoted 1 | P a g e as Surgeon Vice Admiral, she filed a statutory complaint on 15.07.2010 seeking following reliefs : (a) Five ACRs prior to ICR- 2007 be compared with ICR-2007 and ACR-2008. (b) Total Expunction of ICR 2007:- If markings in the assessment on a Select Surg Rear Admiral for selection to the next rank of Surg Vice Admiral are ina...

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Oct 16 2019 (SC)

Vinubhai Haribhai Malaviya Vs. The State of Gujarat

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.478-479 OF2017Vinubhai Haribhai Malaviya and Ors. Appellants Versus The State of Gujarat and Anr. Respondents JUDGMENT R.F. Nariman, J.1. This case arises out of a First Information Report (hereinafter referred to as FIR) that was lodged on 22.12.2009. The FIR is by one Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, who are allegedly residing at UK or USA. The gravamen of the complaint made in the FIR is that one Vinubhai Haribhai Malaviya is blackmailing these two gentlemen with respect to agricultural land which is just outside the city of Surat, Gujarat and which admeasures about 8296 square meters. The FIR alleges that Ramanbhai Patel and Shankarbhai Patel are 1 absolute and independent owners of this land, having obtained it from one Bhikhabhai Khushalbhai and his wife Bhikiben Bhikhabhai in the year 1975. The FIR then nar...

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Oct 15 2019 (SC)

H. S. Yadav Vs. Shakuntala Devi Parakh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 5153 OF2019H. S. YADAV APPELLANT(S) Versus SHAKUNTALA DEVI PARAKH RESPONDENT(S) JUDGMENT Deepak Gupta, J.Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?. is the question arising in this appeal.2. The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as the Act). Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal. In terms of Section 7 of the Act the State can appoint one or more officers not below the rank of Deputy Collector, as Rent Controller with territorial jurisdiction to be specified by the Collector. The Rent 1 Control Tribunal (hereinafter referred to as the Tribunal) is constituted under Section 6 of the Act. This Tribunal has appellate and supervisory jurisdiction. Section 6 of the Act reads as under: 6. Const...

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Oct 14 2019 (SC)

The State of Uttarakhand Vs. s.k.singh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10194 OF2013STATE OF UTTARAKHAND & ORS. Appellant(s) VERSUS Respondent(s) S.K. SINGH & ORS. IA No.88765/2018 WITH C.A. No.1317 of 2015 C.A. No.11307 of 2013 IA No.7/2016 JUDGMENT SANJAY KISHAN KAUL, J.Civil Appeal No.10194/2013 1. The dispute pertains to the Irrigation Department cadre of the Uttarakhand State, for promotion from the post of Junior Engineer (for short JE) to the post of Assistant Engineer (for short AE), with two groups of these JEs arrayed on opposite sides one having the 1 qualification of Diploma and the other having the qualification of Degree in Engineering. The promotion quota (the promotion quota is for AEs - they are also being directly recruited) has carved out a provision for accelerated promotion to the extent of 7.33% for the JEs holding a more advanced qualification, of a Degree in Civil Engineering, with which the JEs holding a qualification of Diploma are aggrieved. F...

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Oct 04 2019 (SC)

Rajasthan State Road Transport Coroporation Vs. Danish Khan .

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.7802 of 2019 (Arising out of SLP (C) No.4772 of 2017) RAJASTHAN STATE ROAD TRANSPORT CORPORATION. .... Appellant(s) DANISH KHAN Versus With . Respondent (s) Civil Appeal No.7803 of 2019 (Arising out of SLP (C) No.13139 of 2017) JUDGMENT L. NAGESWARA RAO, J.1. The Rajasthan State Road Transport Corporation (for short, the Corporation) has filed the above Appeal aggrieved by the judgment of the Rajasthan High Court of Judicature, Jaipur Bench by which Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 (for short, the Regulations) has been declared as violative of Article 14 of the Constitution of India. 1 2. The Respondents father Mohd. Shahid who was working as a Helper in the Appellant-Corporation died in a motor accident. He was travelling in a bus of the Appellant-Corporation which collided with another bus. A claim was made by the Respo...

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Oct 04 2019 (SC)

Ramesh Nivrutti Bhagwat Vs. Surendra Manohar Parakhe

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1399 OF2010RAMESH NIVRUTTI BHAGWAT ...APPELLANT VS. DR. SURENDRA MANOHAR PARAKHE ...RESPONDENT JUDGMENT S. RAVINDRA BHAT, J.1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter the LOA holder), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter Antoinette). 2 2. Antoinette was the wife of Balaji Balwant Bhagwat (hereafter Balaji). The couple were permanent residents of California, US and were US citizens. Balaji predeceased Antoinette, bequeathing all properties to her. She died on 23.1.1981 at Alhambra, Los Angeles County, California. U.S.A. In her last will dated 24.6.1977, she bequeathed her properties to her husband. The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter vi...

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Oct 04 2019 (SC)

Kerala State Beverages (M and M) Corp Ltd. Vs. P P Suresh and Ors. Etc ...

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos.7804-7813 of 2019 Special Leave Petition (C) Nos. 5550-5559 of 2016 Kerala State Beverages (M and M) Corporation Limited .... Petitioner (s) Versus P.P. Suresh & Ors, Etc. Etc. & Ors. .Respondent (s) WITH Civil Appeal Nos.7814-7832 of 2019 Special Leave Petition (C) Nos.33452-33470 of 2016 Kerala State and Ors. Etc. Etc. Petitioner (s) .... Versus The Managing Director Kerala State Beverages (M and M) Corporation Limited & Ors, Etc.Etc. & Ors. .Respondent (s) Civil Appeal No.7833 of 2019 Special Leave Petition (C) No.6757 of 2017 Kerala State and Ors. (s) Versus .... Petitioner 1 | P a g e C.C. John & Ors. (s) .Respondent Civil Appeal No.7834 of 2019 Special Leave Petition (C) No.12573 of 2017 Kerala State Versus .... Petitioner (s) N.I. Issac .Respondent (s) A N D Contempt Petition (C) No.638 of 2019 In Special Leave Petition (C) Nos.5550-5559 of 2016 Babu M.K. Petitioner (s) Versus .... The Managin...

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Oct 04 2019 (SC)

Yatinkumar Jasubhai Patel Vs. State of Gujarat

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7939 OF2019(Arising from SLP(C) No.7003 of 2017) Yatinkumar Jasubhai Patel and others Appellants Versus State of Gujarat and others Respondents WITH WRIT PETITION (C) No.122 OF2018WRIT PETITION(C) No.1479 OF2018WRIT PETITION (C) No.1142 OF2019JUDGMENT M.R. SHAH, J.Leave granted in the special leave petition. 1 2. The Institutional Preference for Post Graduate Medical Admissions is the core issue involved in these appeal/petitions.3. Pursuant to the order passed by a two Judge Bench of this Court dated 12.09.2018, all these appeal/petitions are placed before the larger Bench.4. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.02.2017 passed by the Division Bench of the High Court of Gujarat in Special Civil Application No.19918/2016, by which the Division Bench has dismissed the said writ petition upholding the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to th...

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Oct 04 2019 (SC)

Ic 29547 L Bobby Joseph Vs. Union of India

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal of 2019 (@ Diary No.10043 of 2017) IC29547L BOBBY JOSEPH Union of India & Ors. .... Appellant(s) Versus . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.The Appellant was granted Short Service Commission 1. on 15.06.1969 and Permanent Commission on 15.06.1974. His promotion/seniority was fixed w.e.f. 12.08.1970. He voluntarily proceeded for his pre-mature retirement w.e.f. 15.07.1991 in the rank of Major. He was granted pension by an order dated 29.07.1991, as Major. By an order dated 25.09.1991, the Appellant was 2. granted substantive rank of Lt. Colonel. The Appellant sought for revision of pension as he was entitled for payment of pension applicable to the rank of Lt. Colonel 1 (TS) pursuant to the implementation of the 5th Central Pay Commission. As the request made by the Appellant was rejected, he approached the Armed Forces Tribunal, Regional Bench, Kochi, which directed the reconsideration of t...

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Oct 04 2019 (SC)

Ambalal Sarabhai Enterprises Ltd. Vs. k.s. Infraspace Llp

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7843 OF2019(Arising out of SLP (Civil) No.9391 of 2019) Ambalal Sarabhai Enterprises Ltd. .Appellant(s) Versus K.S. Infraspace LLP & Anr. . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein is the plaintiff in Commercial Court Suit No.41/2018 filed before the Commercial Court at Vadodara. The respondents herein are arrayed as the defendants to the suit. The respondents on being notified in the suit had appeared and filed the written statement inter alia contending that the suit is not maintainable as the dispute involved cannot be termed 1 as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (CC Act, 2015 for short). In view of such contention, the respondents herein also filed an application under Order VII Rule 10 of the Civil Procedure Code seeking an order to return the plaint to be presented in the Court in which the suit shoul...

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