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Feb 14 2019 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2357 OF2017GOVT. OF NCT OF DELHI .....APPELLANT(S) UNION OF INDIA VERSUS WITH .....RESPONDENT(S) CONT. PETITION (CIVIL) No.175 OF2016IN WRIT PETITION (CRIMINAL) No.539 OF1986CIVIL APPEAL No.2360 OF2017CIVIL APPEAL No.2359 OF2017CIVIL APPEAL No.2363 OF2017CIVIL APPEAL No.2362 OF2017CIVIL APPEAL No.2358 OF2017CIVIL APPEAL No.2361 OF2017CRIMINAL APPEAL No.277 OF2017AND CIVIL APPEAL No.2364 OF20172 JUDGMENT A.K. SIKRI, J.Prologue All these appeals arise out of the judgment dated August 04, 2016 rendered by the High Court of Delhi in writ petitions filed before it under Article 226 of the Constitution of India. We would refer to the subject matter of those writ petitions and the manner in which the High Court dealt with and decided the same at the appropriate stage. However, it would be pertinent to point out that in the said impugned judgment, main issue related to the status of National Capital Terri...

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Feb 13 2019 (SC)

Vasant Chemicals Ltd. Vs. Hyderabad Metropolitan Water Supply and Sewe ...

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NOS.4616-4617 OF2009VASANT CHEMICALS LIMITED .Appellant VERSUS THE MANAGING DIRECTOR, HYDERABAD METROPOLITIAN WATER SUPPLY AND SEWERAGE BOARD AND OTHERS With Respondents CIVIL APPEAL NOS.4618-4619 OF2009VASANT CHEMICALS LIMITED .Appellant VERSUS M. D., HYDERABAD METRO W.S. & S. BOARD & OTHERS Respondents JUDGMENT R. BANUMATHI, J.These appeals arise out of the judgment dated 29.10.2003 passed in the Writ Petition Nos.4917 and 5044 of 2000 and order dated 29.12.2003 passed in review petition by the High Court of Andhra Pradesh at Hyderabad dismissing the writ petitions as well as the review petitions holding that the levy of sewerage cess levied on the appellant by the respondent-Board is in accordance with Section 55 of the Hyderabad Metropolitan Water Supply and 1 Sewerage Act, 1989 (HMWS&S Act) and Clause 16 of the agreement entered into between the appellant and the Board.2. The facts giving rise to th...

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Feb 13 2019 (SC)

Tamil Nadu Electricity Board Rep. By Its Chairman Vs. Tneb- Thozhilala ...

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL No.1653 OF2019(Arising out of SLP(C) No.25005 of 2015) TAMIL NADU ELECTRICITY BOARD REP. BY ITS CHAIRMAN Appellant VERSUS TNEB-THOZHILALAR AYKKIYA SANGAM BY ITS GENERAL SECRETARY Respondent WITH CIVIL APPEAL No.1654 OF2019(Arising out of SLP(C) NO.14627 OF2016 JUDGMENT R. BANUMATHI, J.Leave granted. These appeals arise out of the judgment dated 27.03.2015 in 2. W.A. No.497 of 2015 and judgment dated 21.08.2015 in W.A. No.1166 of 2015 in and by which the High Court affirmed the order of the learned Single Judge directing the appellant-Board to pay Dearness Allowance at the rate of 49% w.e.f. 01.01.2002 to the members of respondent(s)-union on par with the Central Government employees. 1 3. These appeals relate to the claim of employees of the appellant-Board for the payment of difference of Dearness Allowance (DA) for a period of nine months as under:- - - 4% of DA (difference of 49% - 45%) from 01.01.200...

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Feb 13 2019 (SC)

The State of Maharashtra Vs. Surendra Pundlik Gadling

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.264 of 2019 [Arising out of SLP (CRL.) No.9199 of 2018]. THE STATE OF MAHARASHTRA .Appellant versus SURENDRA PUNDLIK GADLING & ORS. .Respondents JUDGMENT SANJAY KISHAN KAUL, J.1. 2. Leave granted. The respondents/detenues claimed default bail in view of the failure of the appellant/State to file a charge-sheet within ninety (90) days, under the provisions of Section 43D of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the said Act) and also 1 for seeking extension for completion of investigation, for a period of ninety (90) further days, in a manner that did not meet with the requirements of the proviso to sub-section (2)(b) of Section 43D of the said Act. The latter has become an issue of contention inasmuch as it has been argued that the endeavour of the State Government cannot be said to indicate the submission of a report of the Public Prosecutor, specifying reas...

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Feb 13 2019 (SC)

Union of India Vs. C. Girija .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1577 Of 2019 UNION OF INDIA & ORS. ...APPELLANT(S) VERSUS C. GIRIJA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL No.1578 Of 2019 MEENA BHASKAR ...APPELLANT(S) VERSUS C. GIRIJA & ORS. ...RESPONDENT(S) AND WRIT PETITION (CIVIL) No.653 Of 2015 C. GIRIJA ...APPELLANT(S) VERSUS UNION OF INDIA & ORS. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.Two appeals, one by Union of India and one by Meena Bhaskar, have been filed against the Division Bench judgment of the Kerala High Court dated 1 06.02.2015. The writ petition under Article 32 has been filed by C. Girija seeking direction to implement the order passed by the Division Bench of the High Court and the order of the Central Administrative Tribunal in her favour.2. Brief facts necessary to be noted for deciding these appeals and writ petition are: The Southern Railway, Divisional Office, Personnel Branch issued a notification dated 14.10.1999 for selection of g...

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Feb 12 2019 (SC)

International Spirits and Wines Association of India Vs. The State of ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9533 OF2018INTERNATIONAL SPIRITS AND WINES ASSOCIATION OF INDIA ....APPELLANT(S) STATE OF HARYANA AND OTHERS ...RESPONDENT(S) VERSUS JUDGMENT NAVIN SINHA, J.The appellant having been unsuccessful in its challenge to Rule 24(i-eeee) of the Haryana Liquor License Rules 1970 (as amended by the Haryana Liquor License (Amendment) Rules 2017), (hereinafter referred to as the Rules) as being ultra vires the Punjab Excise Act, 1914 (hereinafter referred to as the Act), is in appeal before this Court. The amended Rule provides for a single L-1BF license for the entire State to deal in imported foreign liquor, bottled outside India and imported into the country in a bottled form (i.e. bottled in original). Under challenge is also clause 9.5.1.2 of the State Excise Policy for the year 2017-2018 to that extent, 1 carried forward to the year 2018-2019 also. The procedure for grant of the single license under the a...

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Feb 12 2019 (SC)

Sau. Kamal Shivaji Pokarnekar Vs. The State of Maharashtra

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.255 of 2019 (Arising out of SLP (Crl.) No.7513 of 2014) SAU. KAMAL SHIVAJI POKARNEKAR Versus .... Appellant(s) THE STATE OF MAHARASHTRA & ORS. .Respondent(s) JUDGMENT L. NAGESWARA RAO, J.Leave granted. The Trial Court issued process to the Respondents in the 1. complaint filed by the Appellant. The Writ Petition filed by the Respondents against the issuance of process was allowed. The High Court set aside the process issued by the Trial Court as affirmed by the Revisional Court in the Criminal Writ Petition filed by the Respondents. Aggrieved thereby, the Appellant has filed this appeal. It was alleged by the complainant that her father 2. Shamrao Nalavade expired on 17.01.1994. The Respondents were accused of forgery and preparing false documents on the basis of which a development agreement dated 11.12.2002 came into existence. On the basis of the above facts, the 1 complainant alleged tha...

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Feb 12 2019 (SC)

Delhi Development Authority Vs. M/S. Karamdeep Finance and Investment ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1533 Of 2019 DELHI DEVELOPMENT AUTHORITY ...APPELLANT(S) VERSUS M/S. KARAMDEEP FINANCE & INVESTMENT (I) PVT. LTD. & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL No.1534 Of 2019 M/S. KARAMDEEP FINANCE & INVESTMENT (I) PVT. LTD. ...APPELLANT(S) VERSUS DELHI DEVELOPMENT AUTHORITY & ORS. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.These two appeals have been filed against the judgment dated 30.03.2016 of Delhi High Court by which judgment Delhi High Court has partly allowed the LPA No.226 of 2014 (Delhi Development Authority vs. M/s. Karamdeep Finance and Investment (I) Pvt. Ltd. and Ors.). The Delhi Development Authority as 1 well as M/s. Karamdeep Finance & Investment (I) Pvt. Ltd., the writ petitioner have filed these two separate appeals challenging the same judgment. Both the appeals have been heard together and are being decided by this common judgment.2. The brief facts of the case necessary for deciding...

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Feb 12 2019 (SC)

Parkash Chand Vs. The State of Himachal Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2393 OF2010PARKASH CHAND ...APPELLANT(S) VERSUS STATE OF HIMACHAL PRADESH ...RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. This is a criminal appeal by special leave challenging the order dated 11.5.2010 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.615 of 2002 affirming the conviction of the appellant under Sections 376 and 506 of the Indian Penal Code. In short, the case of the prosecution is as follows: In December, 1999, the appellant committed rape upon P.W.2. It is also the further case that P.W.2 was intimidated by the appellant and another co-accused. 2 The appellant was charged under Sections 376 and 506 IPC read with Section 34 of the Indian Penal Code and co-accused was charged under Section 506 read with Section 34 of the IPC. The trial Court found the case in favour of the prosecution and after convicting the appellant and co-accused sentenced the appella...

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Feb 12 2019 (SC)

State Bank of India Vs. Ravindra Nath

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.12367 OF2017THE STATE BANK OF INDIA & ORS. ......APPELLANTS Versus RAVINDRA NATH & ORS. ...RESPONDENTS JUDGMENT Hemant Gupta, J.The challenge in the present appeal is to an Order passed by the Division Bench of the High Court of Judicature at Bombay on 09.07.2014, whereby the communication dated 16.01.2001 re-fixing the salary of the respondent from 01.01.2001 was set aside.2. The respondent-writ petitioner before the High Court joined the appellant Bank in the year 1981. After almost nineteen years vide letter dated 24.06.2000, he was posted at Johannesburg Branch (South Africa) as Manager (Credit) as a Scale V Officer on a fixed salary of US $ 1965 (net) per month but subject to change from time to time. Apart from such salary, the respondent was granted various allowances including reimbursement of education expenses of the children, usage of Banks 1 car, leave and reimbursement of medical expenses...

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