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Mar 06 2019 (SC)

Krishna Nand Shukla Vs. Director of Higher Education, Allahabad .

Court : Supreme Court of India

REPORTABLE1IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.2544-2545 OF2019(arising out of SLP(C) Nos.16537-16538 of 2016) KRISHNA NAND SHUKLA VERSUS .... APPELLANT(S) DIRECTOR OF HIGHER EDUCATION ALLAHABAD & ORS .... RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.Leave granted.2. These two appeals have been filed against judgment of the Allahabad High Court dated 06.10.2015 dismissing the Writ Petition No.29473 of 1999 and order dated 09.03.2016 rejecting Review Application No.421500 of 2015 filed by the appellant.3. Brief facts of the case necessary to be noticed for deciding the appeals are: The appellant claims to be appointed on 02.08.1991 by the Management of Jawaharlal Nehru Smarak Post Graduate College (Affiliated to Gorakhpur University, 2 Gorakhpur. The appellants case is that an advertisement was issued on 22.06.1991 in the newspaper-Hindi Dainik, Gorakhpur in response to which he applied for the post of Professor Defence Studies. The Registrar of the Un...

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Mar 06 2019 (SC)

R. Dhanasundari @ R. Rajeswari Vs. A.n. Umakanth and Ors

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7292 OF2009R.DHANASUNDARI @ R. RAJESWARI Appellant(s) VS. A.N. UMAKANTH & ORS. Respondent(s) Dinesh Maheshwari, J.This appeal by special leave is directed against the judgment and order dated 12.10.2006, as passed in C.R.P. (PD) No.10 of 2006, whereby the High Court of Judicature at Madras has upheld the order dated 07.07.2005, as passed in O.S. No.219 of 2004 by the District Munsif, Chengalpattu allowing the application filed by defendant Nos. 3 to 6 for transposing them as plaintiffs, after the existing plaintiffs sought permission to withdraw the suit.2. The prayer of defendant Nos. 3 to 6 to be transposed as plaintiffs under Order XXIII Rule 1-A read with Order I Rule 10 of the Code of Civil Procedure, 1 1908 (CPC), came to be made and allowed in somewhat peculiar set of facts and circumstances, which could be noticed, in brief, as follows:- (a) The civil suit in question was originally instituted...

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Mar 06 2019 (SC)

Shantaben Vs. National Power Transport

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2523 OF2019(Arising out of SLP(C) No.994 of 2019) SMT. SHANTABEN & ORS. APPELLANT(S) VS. NATIONAL POWER TRANSPORT & ANR. RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Leave granted.2. This appeal is directed against the judgment and order dated 14.03.2018, as passed in FA No.1083 of 1993, whereby the High Court of Gujarat has dismissed the appeal filed by the claimants against the award dated 28.09.1992, as made by the Motor Accidents Claims Tribunal (Main) Kachchh at Bhuj in MACP No.52 of 1987 and has declined the prayer for enhancement of the amount of compensation. 1 3. On 07.01.2019, this Court had issued notice in the petition for Special Leave to Appeal against the impugned judgment and order dated 14.03.2018 'only to examine the non-award of future prospects while awarding compensation to the claimants keeping in view of the order passed by the Constitution Bench in the case of National Insur...

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Mar 06 2019 (SC)

Swapnanjali Sandeep Patil Vs. Sandeep Ananda Patil

Court : Supreme Court of India

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO......................OF2019(ARISING OUT OF SLP (C) NO.25080 OF2016 SWAPNANJALI SANDEEP PATIL Versus APPELLANT SANDEEP ANANDA PATIL RESPONDENT JUDGMENT M.R.SHAH, J.Leave granted.2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.03.2016 passed by the High Court of Judicature at Bombay in First Appeal No.342 of 2015 by which the High Court has dismissed the said appeal filed by the original applicant and has confirmed the judgment and decree dated 01.12.2014 passed by the learned District Judge, Pune in Marriage Petition No.55 of 2012 by which the learned District Judge dismissed the said marriage petition, 2 the original applicant/appellant-wife has preferred the present appeal.3. The facts leading to the present appeal in nutshell are as under: (a) That the appellant herein married with respondent husband on 05.04.2010. (b) That their marriage was an inter-caste ...

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Mar 06 2019 (SC)

Giridhar Vs. The State of Maharashtra State of Maharashtra .

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.957 OF2017Giridhar .. Appellant Versus The State of Maharashtra & Ors. .. Respondents JUDGMENT M. R. Shah, J.1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur dated 22.09.2016 in Writ Petition No.5450 of 2015, by which the High Court has restricted the grant of monetary benefits to the petitioner with effect from 03.07.2008 only, the original writ petitioner has preferred the present appeal.2. The appellant-original writ petitioner was appointed as a Lecturer in Respondent No.4 College on 26.12.1989 against the post reserved for scheduled tribe category. Though he does not belong to the scheduled tribe category, he was appointed against the said reserved post because, despite the advertisement, no candidate from the said category was available for appointment. As per the Government Resolution dated 25.01....

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Mar 05 2019 (SC)

Sant Dnyaneshwar Shikshan Sansthan Vs. The State of Maharashtra

Court : Supreme Court of India

CIVIL APPEAL No.9384 OF2014ETC. SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9384 OF2014Reportable SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR. Appellants STATE OF MAHARASHTRA AND ORS. Respondents VERSUS WITH CIVIL APPEAL No.9385 OF2014SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR. Appellants VERSUS STATE OF MAHARASHTRA AND ORS. Respondents WITH CIVIL APPEAL NOS. 9673-9674 OF2014STATE OF MAHARASHTRA AND ORS. ETC. Appellants VERSUS MANISHA BHIMRAJ PATIL & ORS. ETC. Respondents JUDGMENT Uday Umesh Lalit, J.1. These appeals by special leave challenge the correctness of the judgment and order dated 22.10.2013 passed by the High Court of Judicature CIVIL APPEAL No.9384 OF2014ETC. SANT DNYANESHWAR SHIKSHAN SANSTHAN AND ANR. VS. THE STATE OF MAHARASHTRA AND ORS. 2 at Bombay, Bench at Aurangabad in Writ Petition Nos.6537 of 2012 and 3728 of 2012 respectively.2. A Primary Ashram School wa...

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Mar 05 2019 (SC)

Asifkhan Vs. The State of Maharashtra

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NOS.286-288 of 2019 (arising out of SLP (Crl.) Nos.1564-1566/2015) ASIF KHAN ...APPELLANT(S) VERSUS STATE OF MAHARASHTRA & ANR. ...RESPONDENT(S) ASHOK BHUSHAN,J.JUDGMENT These appeals have been filed against the judgment of the High Court dated 05.05.2014 dismissing the Criminal Appeals filed by the appellant and allowing the Criminal Appeals of the complainant as well as that of the State of Maharashtra.2. As per the prosecution story on 21.10.2010 at about 8 AM in the morning, the complainant was standing at Bazar Pati Chowk and his brother Sardarkha was standing at some distance. At that time, it was alleged that all the accused came there and asked the complainant to allow them to take water 1 from the common well for one day due to load shedding. Complainant refused to give excess water and asked the accused to take water by rotation. At that time, they abused complainant and accused No.1, i.e...

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Mar 05 2019 (SC)

Kakadia Builders Pvt Ltd Vs. Income Tax Officer Ward 1(3)

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.24912492 OF2019(Arising out of S.L.P.(C) Nos.2113921140 of 2017) Kakadia Builders Pvt. Ltd. & Anr. .Appellant(s) VERSUS Income Tax Officer Ward 1(3) & Anr. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. These appeals are directed against the final judgment and order dated 28.07.2016 passed by the High Court of Gujarat at Ahmedabad in SCA Nos.7814 & 7820 of 2014 whereby the High Court disposed of the petitions(SCAs) filed by the respondents. 1 3. In order to appreciate the issue involved in these appeals, it is necessary to set out a few relevant facts infra.4. The appellants herein are the respondents (assessee) and the respondents (Revenue) herein are the petitioners in the petitions(SCAs) before the High Court out of which these appeals arise.5. The appellant in S.L.P. No.21139/2017 is a Private Limited Company and the appellant in SLP No.21140/2017 is the promoter Director of ...

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Mar 05 2019 (SC)

Principal Commissioner of Income Tax(central) 1 Vs. Nra Iron and Steel ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2019(Arising out of SLP (Civil) No.29855 of 2018) Principal Commissioner of Income Tax (Central) - 1 Versus Appellant NRA Iron & Steel Pvt. Ltd. Respondent INDU MALHOTRA, J.Leave granted. JUDGMENT1 The present appeal arises out of the Judgment and Order dated 26.02.2018 passed by a division bench of the Delhi High Court in Income Tax Appeal No.244 of 2018. The Revenue has challenged the judgment of the High Court by way of the present Appeal.2. The issue which arises for consideration is that in a case where Share Capital/Premium is credited in the books of account of the Assessee company, the onus of proof is on the 1 assessee to establish by cogent and reliable evidence of the identity of the investor companies, the credit-worthiness of the investors, and genuineness of the transaction, to the satisfaction of the Assessing Officer.3. The facts of the case, briefly stated are as under :3. 1. The in...

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Mar 05 2019 (SC)

M. R. Krishna Murthi Vs. The New India Assurance Co. Ltd.

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2476-2477 OF2019(ARISING OUT OF SLP (C) NOS. 31521-31522 OF2017 M.R. KRISHNA MURTHI .....APPELLANT(S) VERSUS THE NEW INDIA ASSURANCE CO. LTD. & OTHERS .....RESPONDENT(S) JUDGMENT A.K. SIKRI, J.Leave granted.2) The appellant herein, who is a practicing advocate, had suffered in nasty accident at the young age of 18 years. He was a student at that time studying in Modern School, Delhi. It was 26th May, 1988. He was travelling along with his mother from Delhi to Mussoorie to celebrate his 18th birthday falling on 27th May, 1988. On Delhi-Dehradun highway the accident took place in which his entire left leg was crushed. He was rushed to the hospital and his hospitalization continued for over two months. He had to undergo surgery for which he was operated on 31st May, 1988. Though, the appellant was discharged from the hospital after two months, his treatment continued for over 6 years, during which pe...

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