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May 01 2019 (SC)

Shree Shree Ram Janki Ji Asthan Tapovan Mandir Vs. The State of Jharkh ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4003 OF2019(Arising out of SLP (C) No.24177 of 2017) SHREE SHREE RAM JANKI JI ASTHAN TAPOVAN MANDIR & ANR. .APPELLANTS VERSUS THE STATE OF JHARKHAND & ORS. .RESPONDENTS JUDGMENT Hemant Gupta, J.The present appeal is directed against an order passed by the High Court of Jharkhand at Ranchi on 07.06.2017 directing the Central Bureau of Investigation to investigate and to take appropriate action at the earliest and conclude the investigations preferably within six months. The High Court held as under:- This Court is of prima facie view that land of the deity could not have been transferred in any case. This large scale illegality needs to be enquired into. Now the question is, who will do so?. The land and trust which is involved in this case is of Ranchi. Allegation is against the Government and the Board. Board consists of 1 Government functionaries. In this case, another issue is illegally sanctioning...

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May 01 2019 (SC)

Maharashtra Archery Association Vs. Rahul Mehra

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2019(Arising out of SLP(C) Diary No.29577/2017) Maharashtra Archery Association :Versus: ..Appellant(s) Rahul Mehra and Ors. ....Respondent(s) WITH CIVIL APPEAL No.OF2019(Arising out of SLP(C) Diary No.28788/2017) CIVIL APPEAL No.OF2019(Arising out of SLP(C) Diary No.29202/2017) A.M. Khanwilkar, J.JUDGMENT1 2. Leave granted. The respondent No.1 has filed a public interest litigation before the High Court of Delhi at New Delhi, being Writ Petition (Civil) No.195 of 2010, raising issues of transparency in governance and functioning of the Archery Association of 2 India (for short the AAI). Several interim orders came to be passed in the said writ petition which are not relevant for answering the controversy in the present proceedings. The present special leave petitions emanate from the order dated 10th August, 2017 passed by the High Court in C.M. No.10461 of 2017 filed by respondent No.1 (writ pet...

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May 01 2019 (SC)

Seema Sarkar Vs. Executive Officer

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF2019(Arising out of SLP(Civil) No.36952 of 2017) Seema Sarkar ..Appellant(s) :Versus: Executive Officer and Ors. ....Respondent(s) A.M. Khanwilkar, J.JUDGMENT1 2. Leave granted. The conundrum in this appeal is about the inclusion or exclusion of the Member of the House of Parliament (for short MP) representing the Union Territory of Andaman and Nicobar Islands, who is also an exofficio member of the Panchayat Samiti, for reckoning the quorum of a special meeting regarding motion of no confidence against the Pramukh of the Little Andaman Panchayat Samiti (for short the said Samiti) and also whether he/she can exercise 2 his/her vote on the No Confidence Motion within the meaning of the provisions of Andaman and Nicobar Islands (Panchayats) Regulation, 1994 (for short Regulation) and the Andaman and Nicobar Islands (Panchayats Administration Rules) 1997 (for short the Rules).3. A No Confidence Motio...

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Apr 30 2019 (SC)

63 Moons Technologies Ltd (Formerly Known as Financial Technologies In ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4476 OF2019(Arising out of Special Leave Petition (Civil) No.4210 of 2018) 63 MOONS TECHNOLOGIES LTD. (FORMERLY KNOWN AS FINANCIAL TECHNOLOGIES INDIA LTD.) & ORS. APPELLANT VERSUS UNION OF INDIA & ORS. RESPONDENT CIVIL APPEAL No.4478 OF2019(Arising out of Special Leave Petition (Civil) No.4652 of 2018) CIVIL APPEAL No.4477 OF2019(Arising out of Special Leave Petition (Civil) No.4239 of 2018) CIVIL APPEAL No.4479 OF2019(Arising out of Special Leave Petition (Civil) No.4659 of 2018) CIVIL APPEAL No.4481 OF2019(Arising out of Special Leave Petition (Civil) No.4816 of 2018) WITH WITH WITH WITH WITH CIVIL APPEAL No.4480 OF2019(Arising out of Special Leave Petition (Civil) No.4720 of 2018) WRIT PETITION (CIVIL) NO.368 OF2019WITH1JUDGMENT R.F. NARIMAN, J.1.2. Leave granted. This batch of appeals and writ petition raises questions as to the applicability and construction of Section 396 of the Companies Act,...

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Apr 30 2019 (SC)

Poonam Bai Vs. The State of Chhattisgarh

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.903 OF2018POONAM BAI APPELLANT Versus THE STATE OF CHHATTISGARH RESPONDENT JUDGMENT MOHAN M. SHANTANAGOUDAR, J.1. This appeal calls into question the judgment dated 06.04.2018 passed by the High Court of Chhattisgarh at Bilaspur in ACQA No.205 of 2010, by which the judgment of the trial court was set aside and the appellant was convicted under Section 302 of the Indian Penal Code (in short, the IPC) for committing the murder of the deceased Vimla Bai and sentenced to undergo rigorous imprisonment for life and to a fine of Rs.500/. 2 2. The case of the prosecution in brief is as follows: The deceased Vimla Bai was the wife of Pilaram Sahu (P.W. 3). The appellant Poonam Bai is the daughter of Balaram, P.W. 3s brother, and thus the niece of the deceased. On the date of the incident, i.e. 01.11.2001, around noon, the appellant Poonam Bai came to the house of the deceased when she was alone, q...

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Apr 30 2019 (SC)

S. K. Miglani Vs. State Nct of Delhi

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.744 OF2019(arising out of SLP(CRL.) No.11070 of 2018) S.K. MIGLANI .... APPELLANT(S) VERSUS STATE NCT OF DELHI .... RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the judgment of Delhi High Court dated 06.08.2018 dismissing the application filed by the appellant under Section 482 Cr.P.C. praying for setting aside the order dated 03.12.2014 and 13.12.2014 passed by Chief Metropolitan Magistrate, Saket Court, New Delhi and further to quash the F.I.R. No.432 of 2000 under Sections 201, 409, 419, 420, 467, 468, 471, 120-B I.P.C. and the charge sheet. 2 2. The brief facts of the case necessary to be noted are:- 2.1 The appellant has been working at the relevant time as Manager in Bank of Baroda, Faridabad Branch. Mr. Anant Chatterjee, Director, Housing gave written complaint dated 14.11.2000. On said basis a FIR No.432 of 2000 dated 15.11.2000 was lodged at PS Kotla Muba...

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Apr 30 2019 (SC)

Kalabai Vs. The State of Madhya Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.763 of 2019 (arising out of SLP (Crl.) No.9312/2014) KALABAI ...APPELLANT(S) VERSUS STATE OF MADHYA PRADESH ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN,J.This appeal has been filed by the appellant against the judgment and order of the High Court of Madhya Pradesh, Bench at Indore dated 25.03.2014 by which Criminal Appeal filed by the appellant questioning her conviction and sentence under Section 302 IPC has been dismissed.2. The prosecution case in brief is: Deceased, Smt. Lalita Bai was wife of Vijay Singh. The appellant is sister-in-law of the deceased. On 20.08.1999 in the late evening a quarrel was going on 2 between Lalita Bai and her husband, Vijay Singh. The appellant who lives on the ground floor came on the first floor where Lalita Bai was boiling milk on battiwala stove. Appellant threw the burning stove on the deceased due to which clothes of deceased caught fire and serious burn inju...

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Apr 30 2019 (SC)

Rashmi Chopra Vs. The State of Uttar Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.594 of 2019 (arising out of SLP (Crl.) No.8103/2018) RASHMI CHOPRA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) WITH CRIMINAL APPEAL NO.598 of 2019 (arising out of SLP (Crl.) No.8050/2018) ANITA GANDHI ...APPELLANT(S) THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) VERSUS WITH CRIMINAL APPEAL NO.599 of 2019 (arising out of SLP (Crl.) No.8052/2018) NAYAN CHOPRA THROUGH POA HOLDER RAJESH CHOPRA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) 1 WITH CRIMINAL APPEAL NO.597 of 2019 (arising out of SLP (Crl.) No.8042/2018) AMIT CHOPRA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) WITH CRIMINAL APPEAL NO.596 of 2019 (arising out of SLP (Crl.) No.8041/2018) KULDEEP GANDHI ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S) AND CRIMINAL APPEAL NO.595 of 2019 (arising out of SLP (Crl.) No.8039/2018)...

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Apr 30 2019 (SC)

The State of Rajasthan Vs. Nemi Chand Mahela .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3873 OF2010THE STATE OF RAJASTHAN .. APPELLANT(S) VERSUS NEMI CHAND MAHELA AND OTHERS .. RESPONDENT(S) W I T H (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.4562 OF2012 CIVIL APPEAL No.4491 OF2019JUDGMENT Sanjiv Khanna, J.Leave granted in Special Leave Petition (Civil) No.4562 of 2012.2. Predicament of candidates consequent to conflicting opinions in different decisions of the High Court on true and correct interpretation of principle of prospective overruling as directed in Kailash Chand Sharma vs. State of Rajasthan and Ors.1 is the cause of this agonising and festering litigation since 1999. This scarecrow of a litigation, to use the words of Charles Dickens, in 1 (2002) 6 SCC562Civil Appeal No.3873 of 2010 & Anr. Page 1 of 15 course of time, [has]. become so complicated that no man alive knows what it means. 3. Award of bonus marks to candidates seeking appointment to the post of Primary Schoo...

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Apr 30 2019 (SC)

Jk Jute Mill Mazdoor Morcha Vs. Juggilal Kamlapat Jute Mills Company L ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.20978 of 2017 JK JUTE MILL MAZDOOR MORCHA APPELLANT VERSUS JUGGILAL KAMLAPAT JUTE MILLS COMPANY LTD. THROUGH ITS DIRECTOR & ORS. RESPONDENTS JUDGMENT R.F. NARIMAN, J.1. The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolvency and Bankruptcy Code, 2016 [Code].. The facts of the present case reveal a long-drawn saga of a jute mill being closed and reopened several times until finally, it has been closed for good on 07.03.2014. Proceedings were pending under the Sick Industrial Companies (Special Provisions) Act, 1985. On 14.03.2017, the appellant issued a demand notice on behalf of 1 roughly 3000 workers under Section 8 of the Code for outstanding dues of workers. This was replied to by respondent No.1 on 31.03.2017. The National Company Law Tribunal [NCLT]., on 28.04.2017, after describing all the anteceden...

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