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Apr 09 2019 (SC)

Shriram Tomar &Amp; Anr.etc. Vs. Praveen Kumar Jaggi .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 36033607 OF2019(Arising out of SLP(C) Nos.70107014/2009) Shriram Tomar and another Etc. Appellants Versus Praveen Kumar Jaggi and others Respondents WITH CIVIL APPEAL No.3608 OF2019(Arising out of SLP(C) No.6075/2009) Dev Narain Shukla and others ..Appellants Versus Praveen Kumar Jaggi and others ..Respondents JUDGMENT M.R. SHAH, J.Leave granted.2. As common question of law and facts arise in this group of appeals, and as such they arise out of the impugned 1 common judgment and order passed by the High Court, all these appeals are being decided and disposed of by this common judgment and order. 2.1 All these appeals arise out of the impugned common judgment passed by the Division Bench of the High Court of Judicature at Jabalpur (Madhya Pradesh) passed in Writ Appeal Nos. 1510/2007, 1509/2007, 1508/2007, 1511/2007 and 1535/2007, by which the Division Bench of the High Court dismissed the said appea...

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Apr 09 2019 (SC)

Food Corporation of India Vs. Rimjhim

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._3600 OF2019(Arising from SLP(C) No.4210 of 2019) Food Corporation of India ..Appellant Versus Rimjhim ..Respondent JUDGMENT M.R. SHAH, J.Leave granted.2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.08.2018 passed by the Division Bench of the High Court of Delhi at New Delhi in L.P.A. No.383 of 2018, by which the Division Bench has allowed the said appeal preferred by the respondent herein the original writ petitioner and has quashed and set aside the judgment and order passed by the learned Single Judge of the High Court, dismissing the 1 writ petition preferred by the original writ petitioner and consequently quashed and set aside the action of the Food Corporation of India (hereinafter referred to as the FCI) rejecting the case of the original writ petitioner for appointment on the post of Assistant GradeII(Hindi), the original respondent the appellant herein ...

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Apr 08 2019 (SC)

Kushuma Devi Vs. Sheopati Devi( Dead)

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.34483449 OF2019(Arising out of S.L.P.(C) Nos.78377838 of 2014) Kushuma Devi .Appellant(s) VERSUS Sheopati Devi (D) & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. These appeals are filed against the final judgment and order dated 27.07.2012 in CMWP No.1 3231 of 2002 and order dated 16.01.2013 in CMRA No.247546 of 2013 passed by the High Court of Judicature at Allahabad.3. A few facts need mention hereinbelow for the disposal of these appeals which involve a short point.4. The appellant filed an eviction petition against the respondents being Misc. Case No.18/1990. By order dated 19.04.1996, the Civil Judge decreed the suit and passed the decree for eviction against the respondents. The respondents felt aggrieved and filed Rent Appeal No.4/1996 in the Court of A.D.J., Court No.8, Fatehpur. The first Appellate Court by order dated 04.12.2001 allowed the appeal and dismissed...

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Apr 08 2019 (SC)

Pr. Commissioner of Income Tax 6 Vs. Nokia India Pvt. Ltd.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3450 OF2019(Arising out of S.L.P.(C) No.32222 of 2017) Pr. Commissioner of Income Tax 6 .Appellant(s) VERSUS Nokia India Pvt. Ltd. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 21.04.2017 passed by the High Court of Delhi at New Delhi in ITA No.854 of 2016 whereby the Division Bench of the High Court 1 dismissed the appeal filed by the appellant herein.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. By impugned order, the Division Bench of the High Court dismissed the Revenue's (appellant herein) appeal filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) on the ground that it did not involve any substantial question of law within the meaning of Section 260A of the Act.5. In other words, the High Court was of the view that si...

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Apr 08 2019 (SC)

S. Kumar Vs. The Commissioner

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.34613505 OF2019(Arising out of S.L.P.(C) Nos.30073051 of 2019) S. Kumar .Appellant(s) VERSUS The Commissioner & Ors. .Respondent(s) WITH CIVIL APPEAL Nos.35063515 OF2019(Arising out of SLP (C) Nos.27182727/2019) CIVIL APPEAL No.3516 OF2019(Arising out of SLP (C) No.2984/2019) CIVIL APPEAL Nos.35173538 OF2019(Arising out of SLP (C) Nos. 32163237/2019) CIVIL APPEAL Nos.35393544 OF2019(Arising out of SLP (C) Nos.33573362/2019) CIVIL APPEAL Nos.35453564 OF2019(Arising out of SLP (C) Nos.36643683/2019) CIVIL APPEAL No.3565 OF2019(Arising out of SLP (C) No.5144/2019) CIVIL APPEAL No.3570 OF2019(Arising out of SLP (C) No.6067/2019) CIVIL APPEAL No.3566 OF2019(Arising out of SLP (C) No.5146/2019) CIVIL APPEAL No.3567 OF2019(Arising out of SLP (C) No.6065/2019) 1 CIVIL APPEAL No.3569 OF2019(Arising out of SLP (C) No.9167/2019) AND (D.No.8470/2019) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. These a...

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Apr 08 2019 (SC)

Narender Kumar Vs. Union of India

Court : Supreme Court of India

CRIMINAL APPEAL No.1492 OF2009NARENDER KUMAR VS. UNION OF INDIA AND OTHERS1IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Reportable CRIMINAL APPEAL NO.1492 OF2009NARENDER KUMAR Appellant VERSUS UNION OF INDIA AND OTHERS Respondents WITH CRIMINAL APPEAL NO.1493 OF2009JUDGMENT Uday Umesh Lalit, J.CRIMINAL APPEAL NO.1492 OF20091. This appeal questions the correctness of the judgment and order dated 02.05.2008 passed by the High Court of Delhi at New Delhi in Writ Petition (Criminal) No.509 of 1996. CRIMINAL APPEAL No.1492 OF2009NARENDER KUMAR VS. UNION OF INDIA AND OTHERS22. In exercise of power under Section 3(2) of the Maintenance of Internal Security Act, 1971 (MISA for short), as amended by Section 6(6)(c) of Defence of India Act, 1971 and Section 2(1)(c)(iii) of Internal Security (Amendment) Ordinance, 1974, by order dated 05.11.1974, the Superintendent of Police, Amritsar directed that one Roshan Lal be detained with a view to prevent him from dealing in smuggled goo...

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Apr 08 2019 (SC)

Secretary Lucy Sequeira Trust Vs. Kailash Ramesh Tandel

Court : Supreme Court of India

CIVIL APPEAL No.3456 .OF2019(@ SLP(C)No.28314 OF2017 THE SECRETARY, LUCY SEQUEIRA TRUST AND ANR. VS. KAILASH RAMESH TANDEL AND ORS. 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3456 OF2019(Arising out of Special Leave Petition (Civil) No.28314 of 2017) THE SECRETARY, LUCY SEQUEIRA TRUST AND ANR. Appellants VERSUS KAILASH RAMESH TANDEL AND ORS. Respondents JUDGMENT Uday Umesh Lalit, J.1.2. Leave granted. This appeal is directed against the final judgment and order dated 04.09.2017 passed by the High Court of Judicature at Bombay in Writ Petition No.4383 of 2017.3. Respondent No.1 was appointed as Assistant Teacher on 01.09.2004 in a school run by the Appellant. A warning was issued to him on 04.05.2009 for his objectionable behavior with adolescent girl students in said school. On 14.12.2012, mother of a teenaged student made a complaint against Names of these students are withheld. CIVIL APPEAL No.3456 .OF2019(@ SLP(C)No.28314 OF2017 THE SECR...

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Apr 05 2019 (SC)

Manoj Kumar Vs. The State of Uttarakhand

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2122 OF2010MANOJ KUMAR APPELLANT Versus THE STATE OF UTTARAKHAND RESPONDENT JUDGMENT1 The present matter is placed before us by virtue of referral order dated 22.05.2014 wherein the following question was placed for reference before us that, whether the 2nd FIR and the investigation in pursuance of further information thereof should be straightway quashed or should it require a scrutiny during trial of the permissible matter of prejudice, and truthfulness of the evidence collected on the basis of second FIR. 2. But it is to be noted that, during the course of arguments counsels from both the sides admitted that, no second FIR was 1 registered in the present case. Although the reference was made to us, to adjudicate the above question of law, basing on the submissions we can conclude that the issue of second FIR does not arise in the present matter. Therefore, we are proceeding to adjudicate...

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Apr 05 2019 (SC)

Nutan Gautam Vs. Prakash Gautam

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No(s). 3409-3410 OF2019(Arising out of SLP(C) No(s).28166-28167 OF2018 NUTAN GAUTAM Appellant(s) VERSUS PRAKASH GAUTAM Respondent(s) JUDGMENT R. Subhash Reddy, J.: (1) Leave granted. (2) These appeals are filed by the wife of the respondent herein aggrieved by orders dated 21.05.2018 and 20.08.2018 passed by the High Court of Judicature at Allahabad in First Appeal NO.316 of 2018. (3) The marriage of the appellant-wife and the respondent- husband was solemnized in the year 2006. In the year 2009 a son was born to them who is named Krish alias Master Krishav Gautam. In the year 2012, respondent-husband filed a petition for divorce under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955. The said divorce petition is decreed ex-parte by the Trial Court in favour of the respondent-husband. The Trial Court also directed that the son of the appellant, namely, Krish alias Master Krishav Gautam, should be...

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Apr 05 2019 (SC)

T. Ramalingeswara Rao (Dead) Thr. Lrs. Vs. N. Madhava Rao

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3408 OF2019(Arising out of S.L.P.(C) No.23575 of 2011) T. Ramalingeswara Rao (Dead) Thr. LRs. & Anr. .Appellant(s) VERSUS N. Madhava Rao & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 23.11.2010 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Second Appeal No.1036 of 2006 whereby the High Court allowed the second appeal filed by respondent Nos.1 to 3 herein. 1 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. The appellants herein are defendant Nos.1 and 2, respondent Nos.13 herein are the plaintiffs and respondent Nos.59 are the defendant Nos.48 of the civil suit out of which this appeal arises.5. Respondent Nos.13 (plaintiffs) filed a civil suit against the appellants (defendant Nos.1 and2) and respondent Nos.5 to 9 (defendant Nos.4 ...

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