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Apr 17 2020 (SC)

The Mayor Municipal Corporation Vs. Govind Bajirao Navpute and Ors.

Court : Supreme Court of India

C.As. @ SLP(C)No.25967 of 2016 etc. etc. 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2237 OF2020(Arising out of S.L.P.(C) No.25967 of 2016) The Mayor Municipal Corporation Appellant vs Govind Bajirao Navpute & Ors. ...Respondents WITH CIVIL APPEAL No.2240 OF2020(Arising out of S.L.P.(C) No.26556 of 2016) WITH CIVIL APPEAL No.2242 OF2020(Arising out of S.L.P.(C) No.26559 of 2016) WITH CIVIL APPEAL No.2239 OF2020(Arising out of S.L.P.(C) No.26555 of 2016) WITH CIVIL APPEAL No.2238 OF2020(Arising out of S.L.P.(C) No.26554 of 2016) WITH CIVIL APPEAL No.2248 OF2020(Arising out of S.L.P.(C) No.26574 of 2016) WITH C.As. @ SLP(C)No.25967 of 2016 etc. etc. 2 CIVIL APPEAL No.2243 OF2020(Arising out of S.L.P.(C) No.26563 of 2016) WITH CIVIL APPEAL No.2244 OF2020(Arising out of S.L.P.(C) No.26566 of 2016) WITH CIVIL APPEAL No.2241 OF2020(Arising out of S.L.P.(C) No.26557 of 2016) WITH CIVIL APPEAL No.2246 OF2020(Arising out of S.L.P.(C) No.26570 of 2016)...

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Apr 17 2020 (SC)

Anjuman E Shiate Ali Vs. Gulmohar Area Societies Welfare Group

Court : Supreme Court of India

C.A. Nos.6216-6217 of 2019 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.6216-6217 OF2019Anjuman E Shiate Ali & Anr. Appellants vs Gulmohar Area Societies Welfare Group & Ors. etc. ...Respondents JUDGMENT R.SUBHASH REDDY,J.1. Both these civil appeals arise out of a common judgment dated 19.07.2017, passed by the High Court of Judicature at Bombay, in writ petition Nos. 2476 of 2015 and 1130 of 2017, as such, they are heard together and disposed of by this common Order. The said writ petitions are filed by way of Public Interest Litigation, for protecting two plots which are the subject matter of the writ petition, originally left C.A. Nos.6216-6217 of 2019 2 towards open spaces, in the layout, approved in the year 1967.2. The writ petition No.2476 of 2015, was filed by four petitioners. Petitioner No.1, is a Trust, registered under the Bombay Public Trust Act, 1950 petitioner No.2 is an Architect, involved in the planning, design and maintenan...

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Apr 15 2020 (SC)

Rajasthan State Road Transport Corporation Ltd. Vs. Smt. Mohani Devi

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2236 OF2020(Arising out of SLP (Civil) No.5650 of 2019) Rajasthan State Road Transport . Appellant(s) Corporation Ltd. & Ors. Smt. Mohani Devi & Anr. . Respondent(s) Versus JUDGMENT A.S. Bopanna,J.Leave granted.2. The respondent herein was the Petitioner in S.B Civil Writ Petition No.2839/2012 filed before the Rajasthan High Court. The brief facts that led to the filing of the Writ Petition is that respondent herein had claimed the retiral benefits of her late husband who was appointed in the post of conductor on 15.03.1979 at Page 1 of 13 Alwar Depot of the Appellant Road Transport Corporation. The benefits were claimed on the basis that her husband be deemed to have voluntarily retired from service instead of having resigned.3. In the course of service, respondents husband had moved an application seeking voluntary retirement from service on 28.07.2005 indicating health reasons. No order was pass...

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Apr 15 2020 (SC)

Sushilaben Indravadan Gandhi Vs. The New India Assurance Company Limit ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2235 OF2020(ARISING OUT OF SLP (CIVIL) NO.1170 OF2019 SUSHILABEN INDRAVADAN GANDHI & ANR. APPELLANTS VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED & ORS. ...RESPONDENTS JUDGMENT R.F. Nariman, J.1. Leave granted.2. On 09.06.1997, the husband of the Appellant No.1, who was a surgeon, was travelling in a mini-bus that was owned by the Rotary Eye Institute, Navsari (the Respondent No.3 herein) along with other medical staff of the said Institute. The mini-bus had been driven with excessive speed, as a result of which at around 8.30 P.M. when the mini-bus was passing through the Gandevi-Navsari Road, near Kabhar Patiya, the driver of the mini-bus lost control and the vehicle turned turtle. The husband of Appellant No.1 was seriously injured and ultimately succumbed to his injuries. 1 3. On 17.04.1997, the Respondent No.3 had entered into a comprehensive Private Car B Policy from the New India Assurance Co...

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Apr 01 2020 (SC)

Raja @ Ayyappan Vs. State of Tamil Nadu

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1120 OF2010RAJA @ AYYAPPAN APPELLANT VERSUS STATE OF TAMIL NADU RESPONDENT JUDGMENT S. ABDUL NAZEER, J.1. This criminal appeal filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the TADA Act) is directed against the judgment and order dated 04.12.2009 passed by the Presiding Judge, Designated Court No.2, Chennai, in Calendar Case No.1/2007, whereby the Designated Court has convicted the appellant and sentenced him to undergo rigorous imprisonment for 2 years under Section 120B IPC and 5 years each under Section 120B IPC read with Section 3(3) and 4(1) of the 2 TADA Act and under Section 120B IPC read with Section 5 of Explosive Substances Act, 1908 and all the sentences imposed were ordered to be run concurrently.2. The case of the prosecution in brief is that during June 1988, the absconding accused, Ilango @ Kumaran @ Ravi @ Santhosh and Suku...

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Apr 01 2020 (SC)

Alembic Pharmaceuticals Ltd. Vs. Rohit Prajapati .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.1526 of 2016 Alembic Pharmaceuticals Ltd. ...Appellant Versus Rohit Prajapati & Ors. ...Respondents With Civil Appeal No 3175 of 2016 With Civil Appeal Nos 6604-6605 of 2016 And With Civil Appeal No 1555 of 2017 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J1 By a judgment dated 8 January 2016, the Bench of the National Green Tribunal1 for the Western Zone held that a circular issued by the Union Ministry of Environment and Forests2 on 14 May 2002 is contrary to law. The circular envisaged the grant of ex post facto environmental clearances. The NGT issued a slew of directions including the revocation of environmental clearances and for closing down industrial units operating without valid consents. On 17 May 2016, the NGT dismissed an application for review filed by one of the affected industrial units. The industrial units and MoEF are in appeal3.2. The Environmental Impact Assessment4 notification of 27...

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Mar 20 2020 (SC)

M. Subramaniam Vs. S. Janaki

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.102 OF2011M. SUBRAMANIAM AND ANOTHER .. APPELLANT(S) VERSUS S. JANAKI AND ANOTHER ..RESPONDENT(S) ORDER The impugned order dated 06.01.2010 passed by the Madurai Bench of Madras High Court in Criminal O.P. (MD) No.11620 of 2009 filed by S. Janaki, the first respondent before us, directs the Inspector of Police, City Crime Branch, K.K. Nagar, Trichy to register a case, that is, First Information Report, on the basis of the complaint dated 18.09.2008 and after investigation file the final report in accordance with law.2. Aggrieved, Mr. M. Subramaniam and Mr. R.V. Prasanna Venkatesan who were not even made parties to the aforesaid Criminal O.P. (MD) No.11620 of 2009 have filed the present petition under Article 136 of the Constitution of India. By order dated 12.03.2010, the permission to file Special Leave Petition was granted and notice was issued. On considering the facts and Criminal Appeal...

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Mar 19 2020 (SC)

Rajasthan State Electricity Board Jaipur Vs. The Dy. Commissioner of I ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8590 of 2010 RAJASTHAN STATE ELECTRICITY BOARD JAIPUR ...APPELLANT(S) VERSUS THE DY. COMMISSIONER OF INCOME TAX(ASSESSMENT) & ANR. ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed by the assessee challenging the Division Bench judgment dated 13.11.2007 of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur by which D.B. Civil Special Appeal (Writ) No.837 of 1993 filed by the Revenue has been allowed upholding the demand of additional tax under Section 143(1-A) of the Income Tax Act, 1961.2. Brief facts necessary to be noted for deciding this appeal are: The assessee is a Government Company as defined 2 under Section 617 of the Companies Act, 1956. The assessee filed return on 30.12.1991 for the assessment year 1991-92 showing a loss amounting to Rs. (-)427,39,32,972/-. Due to a bonafide mistake the assessee claimed 100% depreciation of Rs. 333,77,70,317/- on writt...

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Mar 19 2020 (SC)

Nand Ram(d) Th. Lrs. . Vs. Jagdish prasad(d)th.lrs

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9918 OF2011NAND RAM (D) THROUGH LRS. & ORS. .....APPELLANT(S) JAGDISH PRASAD (D) THROUGH LRS. .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1. 2.3. The challenge in the present appeal is to an order passed by the High Court of Delhi on 12th November, 2010 whereby the appeal filed by the defendant was allowed and the suit for possession of land comprising in Khasra No.9/19 measuring 3 Bighas 11 Biswas was dismissed. The appellants-plaintiff No.1 and plaintiff Nos. 2 to 8, as legal heirs of one Bhagwana, filed a suit for possession asserting that they were owners in possession of land measuring 3 Bighas 11 Biswas comprising in Khasra No.9/19 and land measuring 1 Bigha 16 Biswas comprising in Khasra No.9/20/2, total measuring 5 Bighas 7 Biswas in the revenue estate of Village Tatarpur, Delhi. The land measuring 1 Bigha 19 Biswas out of Khasra No.9/19 and 1 16 Biswas out of Khasra No.9/20/2, in total...

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Mar 18 2020 (SC)

Rajasthan High Court Vs. Ved Priya

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 89338934 OF2017Rajasthan High Court ..... Appellants(s) VERSUS Ved Priya & Anr. .....Respondents(s) JUDGMENT These civil appeals have been preferred by the Rajasthan High Court against the order dated 16.12.2014 by which a Division Bench of the said High Court dismissed a petition for review of its earlier order dated 09.11.2014 wherein the High Court had allowed the writ petition filed by Ved Priya (Respondent No.1 a former judicial officer) and directed his reinstatement with consequential benefits and seniority. FACTS2 Respondent No.1 was recruited into the Rajasthan Judicial Services on 16.07.2002 and appointed as Civil Judge (Junior Division)cumJudicial Page | 1 Magistrate. He was placed on probation for a period of two years w.e.f. 02.08.2002, which was later extended by a further period of two months on 28.07.2004.3. Certain allegations of misdemeanour and corruption in discharge of judicial...

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