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Feb 05 2019 (SC)

Hori Lal Vs. The State of Uttar Pradesh Revenue Department Principal S ...

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1462 OF2019(Arising out of S.L.P.(C) No.14820 of 2017) Hori Lal .Appellant(s) VERSUS State of Uttar Pradesh & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is directed against the final judgment and order dated 09.03.2017 of the High Court of Judicature at Allahabad in Writ Petition No.44731 of 2016 whereby the Division Bench of the High Court 1 dismissed the writ petition filed by the appellant herein.3. A few relevant facts need mention to appreciate the short controversy involved in this appeal.4. The appellant herein was the writ petitioner whereas the respondents herein were the respondents in the writ petition filed before the High Court out of which this appeal arises.5. In exercise of the powers conferred under Section 4 (1) of the Land Acquisition Act, 1894 (for short called the Act 1894), the State of UP (respondent No.1 herein) issued a notification...

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Feb 05 2019 (SC)

The Commissioner Mysore Urban Development Authority Vs. s.s. Sarvesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1463 OF2019(Arising out of S.L.P.(C) No.23718 of 2018) The Commissioner, Mysore Urban Development Authority .Appellant(s) VERSUS S.S. Sarvesh .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 19.02.2018 passed by the High 1 Court of Karnataka at Bengaluru in Writ Petition No.34313 of 2017 whereby the High Court dismissed the writ petition filed by the appellant herein.3. In order to appreciate the short controversy involved in this appeal, it is necessary to set out a few relevant facts.4. The appellantMysore Development Authority(in short, the Authority) is the defendant whereas the respondent is the plaintiff in the suit out of which this appeal arises.5. The respondent filed a civil suit (O.S. No.685/2006) against the appellantAuthority in the Court of Principal Senior Civil Judge and Small Causes Court, Mysuru. The su...

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Feb 05 2019 (SC)

Employees State Insurance Corporation Thr. Regional Directors Vs. Venu ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1464 OF2019ARISING OUT OF SLP(CIVIL) No.12812 of 2015 Employees' State Insurance Corporation Appellant(s) VS. Venus Alloy Pvt. Ltd. Respondent(s) JUDGMENT Dinesh Maheshwari., J Leave granted.2. The short question calling for determination in this appeal by special leave against the judgment dated 17.02.2014 passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Appeal No.1213 of 2006 is as to whether the Directors of respondent-Company, who are receiving remuneration, come within the purview of employee under sub-section (9) of Section 2 of the Employees' State Insurance Act, 1948 ('the ESI Act')?.3. Put in brief, the relevant background aspects of the matter are that the respondent-Company had been covered under the ESI Act and had been 1 depositing the amount of contribution with reference to the wages paid to some of its employees. However, in an inspection carried out by the ...

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Feb 05 2019 (SC)

Union of India Vs. Shri Harananda

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA NONREPORTABLE CIVIL APPELLATE JURISDICITON CIVIL APPEAL No.1474/2019 (Arising out of S.L.P.(Civil) No.12393 of 2013) Union of India & Ors. .. Appellants Versus Sri Harananda & Ors. Respondents WITH CIVIL APPEAL NOS. 147581 of 2019 (Arising out of SLP (Civil) Nos. 3554835554/2015), CIVIL APPEAL No.1482 of 2019 (Arising out of SLP (Civil) No.13937/2016), SLP (C) CC No.5735/2016 SLP (C) CC No.5736/2016 SLP (C) CC No.5737/2016 SLP (C) CC No.5738/2016 SLP (C) CC No.5743/2016 SLP (C) CC No.5742/2016 SLP (C) CC No.5740/2016 JUDGMENT M. R. SHAH, J.1. Leave granted in Special Leave Petitions (C) No.12393/2013, 3554835554/2015 and 13937/2016. All these appeals are being disposed of by this common judgment. 2 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 4.12.2012 passed by the High Court of Delhi in Writ Petition (C) No.6314 of 2012, the Union of India and others have preferred the Civil Appeal @ SLP (C) No.12393/2013. 2.1 Feelin...

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Feb 05 2019 (SC)

Bihar State Beverages Corporation Ltd. Vs. Naresh Kumar Mishra

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 146869 OF2019[Arising out of SLP (C) Nos. 2989029891of 2017]. Bihar State Beverages Corporation Ltd. & Ors. .. Appellants Versus Naresh Kumar Mishra & Ors. .. Respondents JUDGMENT M. R. Shah, J.1. Leave granted.2. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the Division Bench of the High Court of Judicature at Patna dated 19.7.2017 in Letters Patent Appeal No.162 of 2016 in CWJC No.9760 of 2012 and in Letters patent Appeal No.568 of 2016 in CWJC No.3224 of 2012, by which the Division Bench has allowed the said Letters Patent Appeals and has set aside the order passed by the learned 2 Single Judge passed in CWJC No.9760 of 2012 and CWJC No.3224 of 2012 dismissing the said writ petitions and, consequently, allowing the petitions by holding that the respective original Writ Petitioners Respondents herein, the employees of the Appellant Bihar State Bev...

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Feb 05 2019 (SC)

Ritu Bhatia Vs. Ministry of Civil Supplies Consumer Affairs and Public ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1467 OF2019(ARISING OUT OF SLP (CIVIL) NO.116 OF2018 RITU BHATIA .. APPELLANT(S) Versus MINISTRY OF CIVIL SUPPLIES CONSUMER AFFAIRS & PUBLIC DISTRIBUTION AND OTHERS JUDGMENT ..RESPONDENT(S) M.R.SHAH, J.Leave granted.2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Delhi dated 31.07.2017 passed in Letter Patent Appeal (LPA) No.160 of 2015 by which the Division Bench has dismissed the said appeal and has confirmed the judgment and order passed by 1 the learned Single Judge dated 02.02.2015 passed in Writ Petition (C) No.977 of 2015 dismissing the said writ petition by not interfering with the order terminating the services of the appellant, the original writ petitioner has preferred the present appeal.3. That respondent no.2 hereinCentral Railside Warehouse Company Limited invited applications for the post of Company Secretary. ...

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Feb 04 2019 (SC)

The State of Madhya Pradesh Vs. Kanha @ Omprakash

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION (ARISING OUT OF SPECIAL LEAVE PETITION (CRL) No.1433 OF2013 CRIMINAL APPEAL No.1589 OF2018THE STATE OF MADHYA PRADESH ...APPELLANT VERSUS KANHA @ OMPRAKASH ...RESPONDENT JUDGMENT Dr Dhananjaya Y Chandrachud, J12 Delay condoned. This appeal is by the State against the judgment and order dated 2 December 2011 of the High Court of Madhya Pradesh at its Gwalior Bench. The High Court converted the conviction of the respondent under Section 307 of the Indian Penal Code (Penal Code) to Section 324 of the Indian Penal Code and sentenced him to imprisonment for forty days, undergone by him, with a fine of Rs 3,000. 2 3 According to the prosecution, on 8 October 2003, an altercation took place between two parties. The respondent, with an intention to kill one Dashrath Singh, shot him with a fire-arm and caused bleeding injuries on his right thigh. The brother of Dashrath Singh filed a complaint on the same day at the Gwal...

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Feb 04 2019 (SC)

Federation Haj Ptos of India Vs. Union of India

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.4 OF2019FEDERATION HAJ PTOS OF INDIA .....PETITIONER VERSUS UNION OF INDIA .....RESPONDENT(S) W I T H WRIT PETITION (CIVIL) No.26 OF2019WRIT PETITION (CIVIL) No.33 OF2019A N D WRIT PETITION (CIVIL) No.93 OF2019JUDGMENT A.K. SIKRI, J.Petitioners in Writ Petition (Civil) Nos. 4 and 33 of 2019 are the Federation/Association of the Private Tour Operators (PTOs)/ Haj Group Organisers (HGOs) who have taken up the cause on behalf of their members, namely, various PTOs/HGOs. Other two writ petitions are filed by the PTOs themselves. The issue raised Writ Petition (Civil) No.4 of 2019 & Ors. Page 1 of 22 in all these petitions is common. For this reason these petitions were clubbed together and counsel for all the parties were heard. We now proceed to decide the controversy by this common judgment.2) For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place. Visiting t...

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Feb 04 2019 (SC)

Ram Lal Vs. Salig Ram

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8285 OF2009RAM LAL & ORS. Appellant(s) VS. SALIG RAM & ORS. Respondent(s) JUDGMENT Dinesh Maheshwari, J.This appeal by special leave is directed against the judgment and decree dated 06.11.2007 in RSA No.260 of 1995 whereby, the High Court of Himachal Pradesh set aside the judgment and decree dated 06.06.1995 passed by the District Judge, Bilaspur in Civil Appeal No.154 of 1988 and consequently, dismissed the suit (No.23/1 of 1986) filed by the plaintiffs-appellants for prohibitory injunction and in the alternative, for recovery of possession of the land in dispute.2. At the outset, it could be noticed for a brief outline of the matter that the plaintiffs-appellants had alleged attempted encroachment over the land in question by the defendants. The Trial Court dismissed the suit. However, the 1 First Appellate Court remitted additional issues for finding by the Trial Court on the question as to whethe...

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Feb 01 2019 (SC)

Association of Managements of Homeopathic Medical Colleges of Maharash ...

Court : Supreme Court of India

Non -Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1393 of 2019 [ Arising out of S.L.P. (Civil) No.766 of 2019 ]. Association of Managements of Homeopathic Medical Colleges of Maharashtra .... Appellant Union of India & Ors. Versus W I T H .Respondents CIVIL APPEAL No.1395 of 2019 [ Arising out of S.L.P. (Civil) No.767 of 2019 ]. CIVIL APPEAL No.1394 of 2019 [ Arising out of S.L.P. (Civil) No.158 of 2019 ]. JUDGMENT L. NAGESWARA RAO, J.Leave granted. The Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, 1. Homoeopathy (AYUSH), Government of India by letters dated 12th February, 2018 and 5th June, 2018 instructed all the State Governments and the concerned universities to admit students in AYUSH under- 1 graduate courses on the basis of the in NEET merit list for the academic year 2018-19. By a letter dated 11th June, 2018, the Government of India informed the State Governments that a candidate seeking admission to AYUSH under-graduate co...

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