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Mar 04 2020 (SC)

Chief Information Commissioner Vs. High Court of Gujarat

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO(S).1966-1967 OF2020(Arising out of SLP(C) No.5840 of 2015) CHIEF INFORMATION COMMISSIONER ..Appellant VERSUS HIGH COURT OF GUJARAT AND ANOTHER ..Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. The point falling for determination in this appeal is as regards the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of Right to Information Act without resorting to Gujarat High Court Rules prescribed by the High Court.3. Brief facts which led to filing of this appeal are as follows:- An RTI application dated 05.04.2010 was filed by respondent No.2 seeking information pertaining to the following cases Civil Application No.5517 of 2003 and Civil Application No.8072 of 1989 1 along with all relevant documents and certified copies. In reply, by letter dated 29.04.2010, Public Information Officer, Gujarat High Court informed respondent No.2 t...

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Mar 04 2020 (SC)

n.c. Santhosh Vs. The State of Karnataka

Court : Supreme Court of India

[REPORTABLE]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9280-9281 OF2014N.C. Santhosh Appellant(s) Versus State of Karnataka & Ors. Respondent(s) WITH CIVIL APPEAL No.1996 OF2020(Arising out of SLP(C) No.34878/2013 CIVIL APPEAL No.1997 OF2020(Arising out of SLP(C) No.24169/2015 JUDGMENT Hrishikesh Roy, J.Leave granted in SLP(C) No.34878/2013 and SLP(C) No.24169/2015 2. The appellants here were the beneficiary of compassionate appointments. But on the discovery that their appointments were made dehors the provisions of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 as amended w.e.f. 1.04.1999, Page 1 of 16 (hereinafter referred to as the Rules), those appointments came to be cancelled. The amendment to the proviso to Rule 5 stipulated that in case of a minor dependant of the deceased government employee, he/she must apply within one year from the date of death of the government servant and he must have attained the age ...

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Mar 03 2020 (SC)

The Additional Commissioner Revenue Vs. Akhalaq Hussain .

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO.7346 OF2010ADDITIONAL COMMISSIONER REVENUE AND OTHERS ...Appellants VERSUS AKHALAQ HUSSAIN AND ANOTHER ...Respondents JUDGMENT R. BANUMATHI, J.This appeal arises out of the impugned judgment dated 18.09.2008 passed by the High Court of Uttarakhand at Nainital in Writ Petition No.670 of 2002 in and by which the High Court has set aside the orders of the Additional Commissioner (Revenue) dated 02.07.2002 and Additional Judicial Commissioner dated 30.06.2001 and also earlier order dated 19.07.2000 passed by the Assistant Collector/Pargana Magistrate.2. Brief facts which led to filing of this appeal are as under:- 1 Respondents Akhalaq Hussain and Saqir Hussain entered into an exchange with one Mangal Singh (a member of Scheduled Tribe) by way of a registered exchange deed dated 16.03.1994 whereby the respondents gave 4 Muthi of land, one Muthi is equal to 12.5 sq.mtrs. totalling 56.25 sq. mtrs., in vill...

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Mar 03 2020 (SC)

[email protected] Vs. The State of Madhya Pradesh

Court : Supreme Court of India

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.378 OF2020(@ SPECIAL LEAVE PETITION (CRL.) No.2749 OF2019 CHANDRAKUMAR @ KALI ...APPELLANT(S) VERSUS THE STATE OF MADHYA PRADESH ...RESPONDENT(S) ORDER R. BANUMATHI,J.Leave granted.2. This appeal has been preferred against the Judgment and order dated 18.12.2018 passed by the High Court of Madhya Pradesh in CRA No.1574 of 1996 in and by which the High Court has reduced the sentence awarded to the appellant from ten years to five years.3. On 24.09.1994 at about 05.30 a.m. in a wordy quarrel, when the deceased Munna was milking the buffalo in Kanhaiya Dairy owned by the appellant-accused, the appellant-accused came to the deceased and asked to show the bucket of milk. On seeing the less quantity of milk, the appellant-accused is alleged to have beaten the deceased with bamboo stick on the head due to which the deceased fell down on the ground and became unconscious. The appellant- accused wi...

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Mar 02 2020 (SC)

Satishkumar Nyalchand Shah Vs. The State of Gujarat

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.353 OF2020Satishkumar Nyalchand Shah .. Appellant Versus State of Gujarat & Ors. .. Respondents JUDGMENT M.R. Shah, J.Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.12.2018 passed by the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No.1 of 2018 in Special Criminal Application No.8704 of 2018, by which the High Court has dismissed the said application preferred by the appellant herein permitting him to be joined as respondent No.4 in the said Special Criminal Application No.8704 of 2018, which was filed by the private respondent herein seeking further investigation against other persons (other than 2 the appellant who is one of the accused and is already charge-sheeted), the appellant has preferred the present appeal.2. The facts leading to the present appeal in nutshell are as under: That in an earthquake on 26.01.2001, number of bu...

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Mar 02 2020 (SC)

Jose Vs. Johnson

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1892 OF2020(Arising out of SLP (Civil) No.21328 of 2015) Jose .Appellant(s) Versus Johnson . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein is before this Court assailing the judgment dated 14.11.2014 passed by the High Court of Kerala in FAO (RO) No.229/2014. Through the said judgment the High Court allowed the appeal, set aside the judgment dated 31.03.2014 passed by the First Appellate Court in AS No.186/2011 and restored the judgment and decree passed by the Trial Court in O.S. Page 1 of 13 No.288/2009. Since the rank of the parties was described differently in the said proceedings the parties will be referred in the rank assigned to them in the trial court in the original suit for the sake of convenience and clarity. The appellant herein was the defendant, while the respondent herein was the plaintiff in the suit. They will be referred accordingly.3. The chronology of...

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Mar 02 2020 (SC)

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2463 OF2015ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA & ORS. APPELLANTS VERSUS RADHEY SHYAM PANDEY RESPONDENT WITH CIVIL APPEAL NOS.22872288 OF2010CIVIL APPEAL NOS.50355037 OF2012CIVIL APPEAL NO.10813 OF2013JUDGMENT ARUN MISHRA, J.1. The question involved is whether the respondentemployees are entitled to pension on completion of 15 years of service as per the State Bank of India Voluntary Retirement Scheme (for short, the VRS framed in 2000).2. The matter has been referred to larger Bench due to conflict of opinion between the Judges as to the admissibility of pension under the VRS. 2 3. After obtaining approval of the Government of India, the Indian Bank Association (IBA) evolved a Voluntary Retirement Scheme. The Central Board of Directors of the State Bank of India (in short the SBI) adopted and approved the scheme in its meeting held on 27.12.2000 for implementing the VRS for the employee...

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Feb 28 2020 (HC)

Smt Narasamma Vs. M/S Magma Hdi Gen Ins Co Ltd.,

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF FEBRUARY2020BEFORE THE HONBLE MR.JUSTICE N.S.SANJAY GOWDA M.F.A.No.3600/2017BETWEEN : SMT. NARASAMMA, W/O LATE GOVINDAPPA, AGED ABOUT57YEARS, 1.2. MR. THIMMAIAH G, 3. MR. VENKATESH S/O LATE GOVINDAPPA, AGED ABOUT24YEARS, S/O LATE GOVINDAPPA, AGED ABOUT33YEARS, APPELLANTS ALL ARE R/AT KADUTHIPURU VILLAGE, BAKTHARAHALLI POST, DODDBELAVANGALA HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT. PIN561203. (BY SRI. A.S. GIRISH, ADVOCATE) AND:1. M/s MAGMA HDI GEN. INS. CO. LTD., NO.36, H.M.ASTRID, 2ND FLOOR, J.C.ROAD, MINERVA CIRCLE, BANGALORE-02, (INSURER OF LORRY BEARING No.KA-53-135) BY ITS MANAGER. 2 AGED ABOUT42YEARS, R/AT No.35, BETTAHALLI VILLAGE, MANDIGERE POST, GOLDEN PALM ROAD, NELAMANGALA TALUK, BANGALORE-562 123. (OWNER OF LORRY BEARING NO.KA-53-135) 2. MR. SURESH B.C., S/O CHANARAYAPPA, (BY SRI. H.N. KESHAVA PRASHANTH, ADVOCATE FOR R-1, R-2 SERVED) RESPONDENTS THE AND AGAINST THIS APPEAL IS FILED UNDER SECT...

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Feb 28 2020 (HC)

State by Police Vs. Safvan Hussain @ Rajik

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF FEBRUARY, 2020 R PRESENT THE HONBLE MR. JUSTICE S.N.SATYANARAYANA AND THE HONBLE MR.JUSTICE H.P.SANDESH CRL.A.NO.828/2013 APPELLANT BETWEEN STATE BY POLICE CIRCLE INSPECTOR MULKY CIRCLE MULKY, D.K., MANGALURU. (BY SRI. VINAYAKA V.S., HIGH COURT GOVERNMENT PLEADER) AND1 2. SAFVAN HUSSAIN @ RAJIK AGED27YEARS S/O. HAMMABBA R/AT KOPPALA HOUSE HALEYANGADI POST AND VILLAGE MANGALURU TALUK-574 146. SAMSHUDDIN @ ALTHAFA @ ALTHAFA IMRAN @ IMRAN AGED27YEARS S/O. ABDUL KHADER R/AT MELANGADI HOUSE NEAR JUMMA MOSQUE OF DAVOOD COMPLEX2MUKKA, SURATHKAL MANGALURU TALUK-575 021. @ SADHIK AGED34YEARS S/O. MOHAMMED R/AT KADTHOOR HOUSE KAMMARADI VILLAGE KOPPA TALUK CHIKMAGALORE DISTRICT-577 126. RESPONDENTS3 MOIDEEN @ MAYYADI (BY SRI. SIRAJIN BASHA AND SRI. K.N. BALARAJ, ADVOCATES FOR R3 SRI. N.S. SAMPANGI RAMAIAH, AMICUS CURIAE FOR R1 AND R2) THIS APPEAL IS FILED UNDER SECTION3781) AND (3) CR.P.C. PRAYING TO GRANT LEAVE TO APPEAL AGAI...

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Feb 28 2020 (SC)

Commissioner Directorate of Logistics Vs. M/S Almighty Techserv

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.OF2020(@SPECIAL LEAVE PETITION (C) DIARY No.1321 OF2020 Commissioner, Directorate of Logistics Petitioner(s) Versus M/s. Almighty Techserv, Proprietor Mr. Manish Dalmia & Anr. Respondents(s) ORDER Deepak Gupta, J.Delay condoned.2. The Central Board of Excise and Customs (CBEC), through the Directorate of Logistics floated an etender for supply, installation and maintenance of 74 videoscopes at various field formations of CBEC. Various bids were received. The tender was awarded in favour of M/s. ASVA Power Systems India Pvt. Ltd. 1 The award of this tender was challenged by the unsuccessful bidder M/s. Almighty Techserv on various counts. The High Court vide impugned judgment has held that the award of tender in favour of M/s. ASVA Power Systems India Pvt. Ltd. is illegal and according to the calculation of the High Court, the tender of the writ petitioner should have been treated ...

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