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May 06 2019 (SC)

The State of Odisha Vs. Dhirendra Sundar Das

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4646 OF2019[Arising out of Special Leave Petition (Civil) No.4976 of 2019]. State of Orissa & Anr. Appellants Dhirendra Sundar Das & Ors. Respondents Versus WITH CIVIL APPEAL NO.4647 OF2019[Arising out of Special Leave Petition (Civil) No.4977 of 2019]. CIVIL APPEAL NO.4648 OF2019[Arising out of Special Leave Petition (Civil) No.4978 of 2019]. CIVIL APPEAL NO.4649 OF2019[Arising out of Special Leave Petition (Civil) No.4979 of 2019]. CIVIL APPEAL NO.4650 OF2019[Arising out of Special Leave Petition (Civil) No.4980 of 2019]. CIVIL APPEAL NO.4651 OF2019[Arising out of Special Leave Petition (Civil) No.11861 of 2019]. (Diary No.13938 of 2019) CIVIL APPEAL NO.4652 OF2019[Arising out of Special Leave Petition (Civil) No.11862 of 2019]. (Diary No.13946 of 2019) 1 JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Civil Appeals arise out of S.L.P. (C) Nos. 4976 4980/2019 and S.L.P. (C) Diary Nos. 13938 a...

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May 06 2019 (SC)

Karnataka Housing Board Vs. k.a. Nagamani

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4631 OF2019(Arising out of SLP (Civil) No.6276 of 2019) Karnataka Housing Board Appellant versus K. A. Nagamani Respondent JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Civil Appeal arises out of execution proceedings initiated by the Respondent Complainant from an Order passed by the State Commission in a consumer dispute. The issue which has arisen for consideration is whether a Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (herein after referred to as the 1986 Act) is maintainable before the National Commission Dispute Redressal Commission (herein after referred to as National 1 Commission) against an Order passed by the State Commission in an execution proceeding.2. The factual matrix in which the present jurisdictional issue has been raised, is as follows:2. 1. The Respondent Complainant applied for allotment of a HIGB Flat under the SelfFinancing Housing S...

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May 06 2019 (SC)

Raja Singh Vs. State of Up

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4642 OF2019(Arising out of SLP (C) No.8725 OF2014 RAJA SINGH & ANR. ...Appellants VERSUS STATE OF U.P. & ANR. ...Respondents WITH CIVIL APPEAL NO.4643 OF2019(Arising out of SLP(C) No.8885 OF2014 CIVIL APPEAL NO.4644 OF2019(Arising out of SLP(C) No.9817 OF2014 JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals arise out of the judgment and order dated 07.03.2014 passed by the High Court of Judicature at Allahabad in CMWP No.13148 of 2002 and batch in and by which the High Court held that the appointment to the post of District Minority Welfare Officer is to be governed by UP Minority Welfare 1 Department Gazetted Officers Service Rules 2001 and that the appellants have no legal right to claim their absorption in the Minority Welfare Department and the same has been rightly rejected by the State Government.3. In all these appeals, the point falling for consideration is one and the same and all the ...

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May 03 2019 (SC)

Bikkina Rama Rao Vs. The Special Deputy Tahsildar (Tribal Welfare) Kot ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4658 OF2008Bikkina Rama Rao & Ors. .Appellant(s) VERSUS The Special Deputy Tahsildar (Tribal Welfare) Kota Ramachandrapuram & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 24.08.2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ 1 Appeal No.675 of 2007 whereby the Division Bench of the High Court dismissed the said writ appeal filed by the appellants herein.2. A few facts need mention hereinbelow for the disposal of the appeal, which involves a short point.3. The dispute relates to the land measuring around 60 acres comprised in survey Nos.462 and 472 situated at Ganaparavaram village of Buttaigudem Mandal, West Godavari District (hereinafter referred to as the suit land). This dispute is governed by the provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 as amended by Re...

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May 03 2019 (SC)

Hanumant Dinkar Arjun Vs. Suresh r.andhare

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.25 OF2009Shri Hanumant Dinkar Arjun .Appellant(s) VERSUS Shri Suresh R. Andhare & Anr. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed against the final judgment and order dated 15.07.2008 passed by the High Court of Judicature at Bombay in Criminal Revision Application No.309 of 2008 whereby the 1 High Court dismissed the criminal revision application filed by the appellant (complainant) herein.2. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.3. The appellant filed a complaint under Sections 166, 167, 201 to 204 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) read with Section 25 of the Bombay Police Act, 1951 (for short, BP Act) against respondent No.1 herein before the Judicial Magistrate First Class, Indapur.4. This complaint was filed on the basis of certain adverse observations made by the 1st Ad...

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May 03 2019 (SC)

Federation of Obstetrics and Gynecological Societies of India (Fogsi) ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.129 OF2017Federation of Obstetrics and Gynecological Societies of India (FOGSI) ..Petitioner Versus Union of India and others ..Respondents JUDGMENT Arun Mishra, J.1. The instant writ petition has been filed by the Federation of Obstetrics and Gynaecological Societies of India (FOGSI) (hereinafter referred to as the Society) highlighting the issues and problems affecting the practice of obstetricians and gynaecologists across the country under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the Act) and challenging the constitutional validity of Sections 23(1) and 23(2) of the Act and seeking direction in the nature of certiorari/mandamus for decriminalising anomalies in paperwork/record keeping/clerical errors in regard of the provisions of the Act for being violative of 2 Articles 14, 19(1)(g) and 21 of the Constitut...

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May 03 2019 (SC)

Maharashtra Public Service Commission Vs. Sandeep Shriram Warade

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 4597 OF2019(arising out of SLP (Civil) No(s). 8494 of 2018) THE MAHARASHTRA PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY ...APPELLANT(S) VERSUS SANDEEP SHRIRAM WARADE AND OTHERS WITH ...RESPONDENT(S) CIVIL APPEAL NO(s). 45984601 OF2019(arising out of SLP (Civil) No(s). 1162629 of 2019) (Diary No.30422/2017) THE MAHARASHTRA PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY VERSUS ...APPELLANT(S) SUHAS SUDHAKARRAO LAVHEKAR AND OTHERS ETC. ETC. ...RESPONDENT(S) CIVIL APPEAL NO(s). 4602 OF2019(arising out of SLP (Civil) No(s). 11631 of 2019) (Diary No.20959/2018) ASHOK TUKARAM BARDE ...APPELLANT(S) VERSUS THE MAHARASHTRA PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY AND OTHERS ...RESPONDENT(S) 1 JUDGMENT NAVIN SINHA, J.Delay condoned. Leave granted.2. The appellants are aggrieved by the orders of the High Court holding that candidates possessing the requisite years of experience in research and dev...

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May 03 2019 (SC)

Ganesan Rep by Its Power Agent G. Rukmani Ganesan Vs. The Commissioner ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4582 OF2019(ARISING OUT OF SLP(CIVIL) No.30365 OF2018 GANESAN REP BY ITS POWER AGENT G. RUKMANI GANESAN APPELLANT(S) VERSUS THE COMMISSIONER, THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD & ORS. RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.This appeal has been filed against the judgment dated 04.12.2017 of Madurai Bench of Madras High Court dismissing the writ appeal filed by the Appellant. The appellant had filed the writ appeal against the judgment of learned single Judge dated 22.08.2014 by which judgment writ petition filed by the appellant challenging the judgment and order dated 31.07.2013 of the Commissioner Tamil Nadu Hindu Religious Endowment Board has been dismissed. 2 2. Brief facts of the case necessary to be noticed for deciding the appeal are: 2.1 The appellant filed an application under Section 63 of Hindu Religious endowment charitable Act, 1959 (hereinafter referred to...

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May 01 2019 (SC)

Ryatar Sahakari Sakkarre Karkhane Niyamit Vs. Asst. Commissioner of In ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.45154524 OF2019(Arising out of S.L.P.(C) Nos.1405314062 of 2017) Ryatar Sahakari Sakkarre Karkhane Niyamit .Appellant(s) VERSUS Asst. Commissioner of Income Tax C1 & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. These appeals are filed against the final judgment and order dated 26.02.2016 passed by the High Court of Karnataka, Circuit Bench at Dharwad in ITA Nos.100111100120 of 2015 1 whereby the High Court dismissed the ITAs filed by the appellant(assessee) herein.3. These appeals are filed by the assessee against the order passed by the High Court by which a bunch of appeals, some filed by the assessee and some filed by the Commissioner of Income Tax (Revenue) under Section 260A of the Income Tax Act, 1961(hereinafter referred to as the Act) were disposed of.4. So far as the appeals filed by the assessee were concerned, they were dismissed and so far as the appeals filed b...

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May 01 2019 (SC)

M/S New India Assurance Co. Ltd Vs. M/S Luxra Enterprises Pvt Ltd

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9668 OF2014M/s New India Assurance Co. Ltd. Appellant vs. M/s Luxra Enterprises Pvt. Ltd. & Anr. ...Respondents WITH CIVIL APPEAL NOS. 4371-4372 OF2015M/s Luxra Enterprises Pvt. Ltd. & Anr ... Appellants M/s New India Assurance Co. Ltd. vs. .Respondent JUDGMENT Hemant Gupta, J.This order shall dispose of Civil Appeals filed under Section 23 of the 1. Consumer Protection Act, 19851 preferred by both the parties against an order passed by the National Consumer Disputes Redressal Commission2 against its order dated 01.08.2014 wherein, a sum of Rs. 54,93,865/- has 1 1985 Act 2 Commission 1 been awarded as compensation for loss suffered on account of damage by fire to the Complainant, subject to the condition that the said amount will be paid within 45 days by the Insurance Company otherwise it will carry interest at the rate of 10 % per annum till its realisation. For the facility of reference, the respo...

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