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Mar 18 2020 (SC)

The Managing Committee Bheramari a.m. High Madrasah Vs. The State of W ...

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.5368 OF2020THE MANAGING COMMITTEE, BHERAMARI A.M. HIGH MADRASAH & ANR. ...APPELLANT(S) VERSUS THE STATE OF WEST BENGAL & ORS. .... RESPONDENT(S) WITH SPECIAL LEAVE PETITION (CIVIL) No.5369 OF2020[THE MANAGING COMMITTEE, METEKONA MOULANA ABU TAHER SENIOR MADRASAH & ANR. VS. THE STATE OF WEST BENGAL & ORS]. ORDER1 The petitioners challenge the orders passed by the Division Bench of the High Court of Calcutta dated 19.2.2020 thereby dismissing the appeals filed by the petitioners, which, 2 in turn, were filed by them being aggrieved by the orders passed by the single judge of the High Court dated 24.12.2019 vide which the writ petitions filed by the petitioners came to be rejected.2. Dr. Rajeev Dhavan, learned Senior Counsel appearing on behalf of the petitioners, submits, that the single judge of the High Court erred in directing appointment of an Administrator.3. Undisputedly, th...

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Mar 17 2020 (SC)

The Joint Labour Commissioner and Registering Officer Vs. Kesar Lal

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 2014 of 2020 (Arising out of SLP(C) No 2150 of 2020) The Joint Labour Commissioner and Registering Officer and Anr Kesar Lal Versus Appellants Respondent JUDGMENT Dr Dhananjaya Y Chandrachud, J1The neat issue which has to be adjudicated upon in this appeal is whether a construction worker who is registered under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 19961 and is a beneficiary of the Scheme made under the Rules framed pursuant to the enactment, is a consumer within the meaning of Section 2(d) of the Consumer Protection Act 1986. The issue assumes significance because the answer will determine whether a beneficiary of a statutory welfare scheme is entitled to exact accountability by invoking the remedies under the Consumer Protection Act 1986. 1 Act of 1996 2 2 Parliament enacted the Act of 1996 to regulate the employment and conditions o...

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Mar 17 2020 (SC)

Bank of Baroda Vs. Kotak Mahindra Bank Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2175 [email protected] SPECIAL LEAVE PETITION (CIVIL) NO.8123 OF2015BANK OF BARODA PETITIONER(S) Versus KOTAK MAHINDRA BANK LTD. RESPONDENT(S) JUDGMENT Deepak Gupta, J.Leave granted.2. What is the limitation for filing an application for execution of a foreign decree of a reciprocating country in India?. is the short but interesting question which arises for decision in this case.3. Vysya Bank, which is the predecessor of the respondent Kotak Mahindra Bank Ltd., issued a letter of credit for US1$1,794,258 on behalf of its customer M/s. Aditya Steel Industries Limited in favour of M/s. Granada Worldwide Investment Company, London. The appellant Bank of Baroda was the confirming bank to the said letter of credit. The Vysya Bank issued instructions to the London branch of the appellant on 12.10.1992 to honour the letter of credit. Acting on this instruction the London branch of the appellant discounted the letter ...

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Mar 17 2020 (SC)

Bengaluru Development Authority Vs. Mr. Sudhakar Hegde

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 2566 of 2019 Bengaluru Development Authority ...Appellant Versus Mr Sudhakar Hegde & Ors. ...Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J Index A B C D E F Introduction Submissions Issues Date of commencement of the PRR project Applicability of the EIA Notification 2006 Compliance with the procedure under the EIA Notification 2006 1 G Deficiencies in the EIA report G.1 Accreditation of the EIA consultant G.2 Forest land G.3 Trees G.4 Pipeline H Appraisal by the SEAC Courts and the environment Directions I J2PART A A Introduction 1. The present appeal arises from a judgment of the Principal Bench of the National Green Tribunal1 dated 8 February 2019 quashing the Environmental Clearance2 granted to the appellant for the development of an eight lane Peripheral Ring Road3 connecting Tumkur Road to Hosur Road and totaling a length of 65 kilometers. The NGT was of the view that the primary data upon ...

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Mar 06 2020 (SC)

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION S.L.P. (C) NOS.9036-9038 OF2016 INDORE DEVELOPMENT AUTHORITY VERSUS .PETITIONER MANOHARLAL & ORS. ETC. .RESPONDENT(S) WITH S.L.P.(C) NOS. 9798-9799 OF2016 S.L.P.(C) NOS. 17088-17089 OF2016 S.L.P.(C) No.37375 OF2016 S.L.P.(C) No.37372 OF2016 S.L.P.(C) NOS. 16573-16605 OF2016 S.L.P. (C) CC No.15967 OF2016CIVIL APPEAL No.19356 OF2017CIVIL APPEAL No.19362 OF2017CIVIL APPEAL No.19361 OF2017CIVIL APPEAL No.19358 OF2017CIVIL APPEAL No.19357 OF2017CIVIL APPEAL No.19360 OF2017CIVIL APPEAL No.19359 OF2017S.L.P.(C) NOS. 34752-34753 OF2016 S.L.P.(C) No.15890 OF2017 2 CIVIL APPEAL No.19363 OF2017CIVIL APPEAL No.19364 OF2017CIVIL APPEAL No.19412 OF2017MA1423OF2017IN CIVIL APPEAL No.12247 OF2016S.L.P.(C) No.33022 OF2017S.L.P.(C) No.33127 OF2017S.L.P.(C) No.33114 OF2017MA1787OF2017IN CIVIL APPEAL No.10210 OF2016MA1786OF2017IN CIVIL APPEAL No.10207 OF2016MA45OF2018IN CIVIL APPEAL No.6239 OF2017S.L.P.(C) No.16051 OF2019DIARY No.2384...

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Mar 05 2020 (SC)

M/S. Super Malls Private Limited. Vs. Principal Commissioner of Income ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.2006-2007 OF2020(Arising out of SLP(C) Nos. 8449-50/2017) M/S SUPER MALLS PRIVATE LIMITED APPELLANT VERSUS PRINCIPAL COMMISSIONER OF INCOME TAX8 NEW DELHI RESPONDENT WITH CIVIL APPEAL NOS.2008-2009 OF2020(Arising out of SLP(C) Nos. 8453-54/2017) CIVIL APPEAL NOS.2010-2011 OF2020(Arising out of SLP(C) Nos. 8451-52/2017) CIVIL APPEAL NOS.2012-2013 OF2020(Arising out of SLP(C) Nos. 8455-56/2017) JUDGMENT M.R. SHAH, J.As common question of law and facts arise in this group of appeals, and are with respect to common assessee, but with respect to different assessment 1 years, all these appeals are being decided together by this common Judgment and Order.2. For the sake of convenience, the facts of Civil Appeals arising from Special Leave Petition (C) Nos. 8449-8450/2017 arising from I.T.A. No.453/2016 & Review Petition No.16/2017 for Assessment Year 2008-09 are stated and considered. The facts in nutshell ...

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Mar 04 2020 (SC)

Chief Information Commissioner Vs. High Court of Gujarat

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO(S).1966-1967 OF2020(Arising out of SLP(C) No.5840 of 2015) CHIEF INFORMATION COMMISSIONER ..Appellant VERSUS HIGH COURT OF GUJARAT AND ANOTHER ..Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. The point falling for determination in this appeal is as regards the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of Right to Information Act without resorting to Gujarat High Court Rules prescribed by the High Court.3. Brief facts which led to filing of this appeal are as follows:- An RTI application dated 05.04.2010 was filed by respondent No.2 seeking information pertaining to the following cases Civil Application No.5517 of 2003 and Civil Application No.8072 of 1989 1 along with all relevant documents and certified copies. In reply, by letter dated 29.04.2010, Public Information Officer, Gujarat High Court informed respondent No.2 t...

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Mar 04 2020 (SC)

n.c. Santhosh Vs. The State of Karnataka

Court : Supreme Court of India

[REPORTABLE]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9280-9281 OF2014N.C. Santhosh Appellant(s) Versus State of Karnataka & Ors. Respondent(s) WITH CIVIL APPEAL No.1996 OF2020(Arising out of SLP(C) No.34878/2013 CIVIL APPEAL No.1997 OF2020(Arising out of SLP(C) No.24169/2015 JUDGMENT Hrishikesh Roy, J.Leave granted in SLP(C) No.34878/2013 and SLP(C) No.24169/2015 2. The appellants here were the beneficiary of compassionate appointments. But on the discovery that their appointments were made dehors the provisions of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 as amended w.e.f. 1.04.1999, Page 1 of 16 (hereinafter referred to as the Rules), those appointments came to be cancelled. The amendment to the proviso to Rule 5 stipulated that in case of a minor dependant of the deceased government employee, he/she must apply within one year from the date of death of the government servant and he must have attained the age ...

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Mar 03 2020 (SC)

The Additional Commissioner Revenue Vs. Akhalaq Hussain .

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO.7346 OF2010ADDITIONAL COMMISSIONER REVENUE AND OTHERS ...Appellants VERSUS AKHALAQ HUSSAIN AND ANOTHER ...Respondents JUDGMENT R. BANUMATHI, J.This appeal arises out of the impugned judgment dated 18.09.2008 passed by the High Court of Uttarakhand at Nainital in Writ Petition No.670 of 2002 in and by which the High Court has set aside the orders of the Additional Commissioner (Revenue) dated 02.07.2002 and Additional Judicial Commissioner dated 30.06.2001 and also earlier order dated 19.07.2000 passed by the Assistant Collector/Pargana Magistrate.2. Brief facts which led to filing of this appeal are as under:- 1 Respondents Akhalaq Hussain and Saqir Hussain entered into an exchange with one Mangal Singh (a member of Scheduled Tribe) by way of a registered exchange deed dated 16.03.1994 whereby the respondents gave 4 Muthi of land, one Muthi is equal to 12.5 sq.mtrs. totalling 56.25 sq. mtrs., in vill...

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Mar 03 2020 (SC)

[email protected] Vs. The State of Madhya Pradesh

Court : Supreme Court of India

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.378 OF2020(@ SPECIAL LEAVE PETITION (CRL.) No.2749 OF2019 CHANDRAKUMAR @ KALI ...APPELLANT(S) VERSUS THE STATE OF MADHYA PRADESH ...RESPONDENT(S) ORDER R. BANUMATHI,J.Leave granted.2. This appeal has been preferred against the Judgment and order dated 18.12.2018 passed by the High Court of Madhya Pradesh in CRA No.1574 of 1996 in and by which the High Court has reduced the sentence awarded to the appellant from ten years to five years.3. On 24.09.1994 at about 05.30 a.m. in a wordy quarrel, when the deceased Munna was milking the buffalo in Kanhaiya Dairy owned by the appellant-accused, the appellant-accused came to the deceased and asked to show the bucket of milk. On seeing the less quantity of milk, the appellant-accused is alleged to have beaten the deceased with bamboo stick on the head due to which the deceased fell down on the ground and became unconscious. The appellant- accused wi...

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