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Oct 04 2019 (SC)

Nusli Neville Wadia Vs. Ivory Properties

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ INHERENT JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS.3198231983 OF2013NUSLI NEVILLE WADIA PETITIONER(S) VERSUS IVORY PROPERTIES & ORS. RESPONDENT(S) WITH REVIEW PETITION (C) NO.2856 OF2015CIVIL APPEAL NO.3396 OF2015IN JUDGMENT ARUN MISHRA, J.1. The reference has been made by a Division Bench of this Court vide order dated 17.8.2015, doubting the correctness of the decision of this Court in Foreshore Cooperative Housing Society Limited v. Praveen D. Desai (Dead) through Legal Representatives and others, (2015) 6 SCC412with respect to the interpretation provisions contained in Section 9A of the Code of Civil Procedure, 1908 (for short, the CPC) as inserted by the Maharashtra Amendment Act, 1977. It has been opined that the word jurisdiction under Section 9A is wide enough to include the issue of limitation as the expression has been used in the broader sense and is not restricted to conventional definition under pecuniary or...

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Oct 04 2019 (SC)

Kantilal Vs. The State of Gujarat

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1519 of 2019 (Arising out of S.L.P. (Crl.) No.1959 of 2019) Kantilal Versus .... Appellant(s) The State of Gujarat .Respondent (s) JUDGMENT L. NAGESWARA RAO, J.1. On 02.10.2013, Maheshwari committed suicide by jumping from Jamalpur Bridge into Sabarmati River. FIR was registered on a complaint filed by her father (PW-1) that Maheshwari was being harassed by her husband Suhag Kantibhai Parmar and his family members for not complying their demand of dowry. He further alleged that Suhag Kantibhai Parmar had an illicit relationship with another lady. Appellant- Kantilal Laxman Parmar, father-in-law of the deceased, was also accused of physically assaulting Maheshwari. Allegations of physical and mental cruelty were made 1 | P a g e against Pratik @ Pintoo Kantibhai Parmar - brother-in- law, Bhavnaben Kantibhai Parmar -sister-in-law and Manoramaben Kantibhai Parmar - mother-in-law of Maheshwari....

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Oct 03 2019 (SC)

Ishwari Lal Yadav Vs. State of Chhattisgarh

Court : Supreme Court of India

Crl.A.Nos.1416-17/17 etc. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1416-1417 OF2017Ishwari Lal Yadav Versus State of Chhattisgarh REPORTABLE ..Appellant ..Respondent W I T H CRIMINAL APPEAL NOS.300-301 OF2018Nihaluddin @ Khanbaba & Ors. ..Appellants Versus State of Chhattisgarh CRIMINAL APPEAL NOS.1418-1419 OF2017Kiran Bai Versus ..Respondent ..Appellant State of Chhattisgarh ..Respondent AND1Crl.A.Nos.1416-17/17 etc. CRIMINAL APPEAL NOS.298-299 OF2018Rajendra Kumar & Anr. Versus State of Chhattisgarh R. Subhash Reddy, J.JUDGMENT ..Appellants ..Respondent 1. All these appeals are directed against the common judgment of the High Court of Chhattisgarh at Bilaspur dated 01.12.2016 passed in Criminal Reference No.1 of 2014 and Criminal Appeal No.511 of 2014, as such they are disposed of by this common judgment and order.2. All the appellants were charged for offence under Sections 364/34 read with 120B; 302/34 read with 120B and 201, Indian Penal Co...

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Oct 03 2019 (SC)

Ravishankar @ Baba Vishwakarma Vs. The State of Madhya Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1523-1524 OF2019[Arising out of Special Leave Petition(Crl.)Nos. 9254- 9255/2019 CRL.M.P. Nos. 5704-5705 OF2017 Ravishankar @ Baba Vishwakarma ..... Appellants(s) VERSUS The State of Madhya Pradesh .....Respondents(s) JUDGMENT SURYA KANT, J.Delay condoned. Leave granted.2. Hovering between life and death, the appellant assails the judgment dated 6th December, 2016 passed by the High Court of Madhya Pradesh at Jabalpur whereby the death reference made by the IIIrd Additional Sessions Judge, Gadarwara, District Narsinghpur (M.P.) has been confirmed and the appellants criminal appeal has been dismissed. 1 Background:3. The appellant was tried for having committed offences under Sections 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376-A, 302 and 201 of the Indian Penal Code (for short IPC) and alternatively under the corresponding provisions of the Protection of Children from Sexual Offenc...

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Oct 03 2019 (SC)

Oriental Insurance co.ltd. Vs. M/S Tejparas Associates

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6524 OF2009Oriental Insurance Co. Ltd. .Appellant(s) Versus M/s Tejparas Associates .Respondent(s) & Exports Pvt. Ltd. JUDGMENT A.S. Bopanna,J.1. The appellant insurance company had issued fire insurance policy in respect of the plant and machinery of the respondent company. The sum for which it was insured was a sum of Rs.70,00,000/ (Rupees Seventy Lakhs only). In respect of the policy issued on 01.12.1999, the claim arose on 23.04.2000 when fire accident took place in the premises of the respondent. In respect of the claim, the appellant Page 1 of 19 insurance company offered a sum of Rs.7,98,019/ (Rupees Seven Lakhs NinetyEight Thousand Nineteen only) to the respondent on 06.12.2000. The respondent having refused to accept the same, a meeting was thereafter convened on 20.09.2001 wherein Vijaya Bank at whose instance the policy was issued was also present. In the said meeting, the appellant insuran...

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Oct 03 2019 (SC)

Satish Kumar Vs. The State of Haryana

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1835 OF2010SATISH KUMAR .. APPELLANT(S) VERSUS THE STATE OF HARYANA .. RESPONDENT(S) JUDGMENT SANJIV KHANNA, J.The impugned judgment dated September 19, 2008 passed by the Punjab & Haryana High Court affirms conviction of the present appellant Satish Kumar and one Dhajja Ram for murder of Shamsher under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the Code), for which the appellant has been sentenced to imprisonment for life and fine of Rs. 10,000/- with default stipulation to undergo further rigorous imprisonment for two years. The impugned judgment also affirms conviction of Satish Kumar and Dhajja Ram under Section 506 read with Section 34 of the Code for which they have been sentenced to rigorous imprisonment for one year and fine of Rs. 1,000/- each with default stipulation to undergo rigorous Page 1 of 7 Criminal Appeal No.1835 of 2010 imprisonm...

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Oct 03 2019 (SC)

m.ramalingam Vs. State tr.insp.of Police

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1949 OF2009M. RAMALINGAM ..APPELLANT(S) VERSUS STATE REPRESENTED BY INSPECTOR OF POLICE SBE/CBI/ACB, MADRAS .RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 21862188 OF2009CRIMINAL APPEAL NO(S). 347 OF2010JUDGMENT Rastogi, J.1. The instant appeals arise from the common judgment dated 21st July, 2009 passed by the High Court of Judicature at Madras upholding the conviction of the appellant T. Maran (accused No.1) for offences under Section 120B, 467, 467 read with 471, 420, 477A IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000/ in all the three cases and the sentence was directed to run concurrently. 2 Appellant M. Ramalingam (accused No.2 in CC No.03/1995) was convicted under Section 120B and 420 IPC and sentenced to undergo rigorous imprisonment for two years...

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Oct 03 2019 (SC)

No. 14666828m. Ex Cfn Narsingh Yadav Vs. Union of India

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7672 OF2019(DIARY No.27850 OF2017 No.14666828M EX CFN NARSINGH YADAV .....APPELLANT(S) UNION OF INDIA & ORS. .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1)2) The challenge in the present appeal is to an order passed by the Armed Forces Tribunal, Lucknow1 on September 23, 2011 whereby, the claim of the appellant for grant of disability pension was not accepted. The appellant was enrolled in the Indian Army on December 2, 2003. The invaliding Medical Board found the appellant to be suffering from Schizophrenia, which disability was assessed at 20% for a period of five years. The opinion of the Board was that disability was neither attributable to nor aggravated by military service and consequently, the appellant was discharged from army service on May 8, 2007. The claim of the appellant for disability 1 for short, Tribunal 13) pension was rejected departmentally and later by the Tribunal and stil...

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Oct 03 2019 (SC)

Air Cmde Naveen Jain Vs. Union of India .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3019 OF2017AIR COMMODORE NAVEEN JAIN .....APPELLANT(S) UNION OF INDIA & ORS. .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1)2) The challenge in the present appeal is to an order passed by the Armed Forces Tribunal, Principal Bench, New Delhi1 on March 9, 2016 whereby, the Original Application filed by the appellant was dismissed and also an order of the same date declining leave to appeal to this Court under Section 31(1) of the Armed Forces Tribunal Act, 20072. The appellant was commissioned in the Administrative Branch of the Indian Air Force on December 11, 1981. He was promoted to the rank of Air Commodore in the year 2011. He along with nine other officers were considered for promotion against five vacancies in the rank of Air Vice Marshal. The appellant could not be promoted though he was first in the merit list in view of the fact 1 2 for short, Tribunal for short, Act 1 that he was place...

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Oct 03 2019 (SC)

Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educ ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7764 OF2019(@ Special Leave Petition (C) No.26055 of 2018) Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. ... Appellants Versus Tuticorin Educational Society & Ors. ... Respondents JUDGMENT V. Ramasubramanian 1.2. Leave granted. Aggrieved by an order of the High Court passed under Article 227 of the Constitution, vacating an interim order of injunction granted by the trial 2 Court, the plaintiffs have come up with this appeal.3. We have heard Mr. R. Anand Padmanabhan, learned counsel for the appellants and Mr. Vijay Hansaria, learned Senior Counsel for the respondent Nos. 1 & 2.4. The appellants herein filed a suit O. S. No.145 of 2018 on the file of Principal District Munsif, at Thoothukudi praying (i) for a declaration that the notice issued by the sixth defendant (second respondent in this appeal) convening the General Body Meeting of the first respondentSociety at 5 P.M. and the Exec...

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