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Mar 02 2020 (SC)

Satishkumar Nyalchand Shah Vs. The State of Gujarat

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.353 OF2020Satishkumar Nyalchand Shah .. Appellant Versus State of Gujarat & Ors. .. Respondents JUDGMENT M.R. Shah, J.Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.12.2018 passed by the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No.1 of 2018 in Special Criminal Application No.8704 of 2018, by which the High Court has dismissed the said application preferred by the appellant herein permitting him to be joined as respondent No.4 in the said Special Criminal Application No.8704 of 2018, which was filed by the private respondent herein seeking further investigation against other persons (other than 2 the appellant who is one of the accused and is already charge-sheeted), the appellant has preferred the present appeal.2. The facts leading to the present appeal in nutshell are as under: That in an earthquake on 26.01.2001, number of bu...

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Mar 02 2020 (SC)

Jose Vs. Johnson

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1892 OF2020(Arising out of SLP (Civil) No.21328 of 2015) Jose .Appellant(s) Versus Johnson . Respondent(s) JUDGMENT A.S. Bopanna,J.Leave granted.2. The appellant herein is before this Court assailing the judgment dated 14.11.2014 passed by the High Court of Kerala in FAO (RO) No.229/2014. Through the said judgment the High Court allowed the appeal, set aside the judgment dated 31.03.2014 passed by the First Appellate Court in AS No.186/2011 and restored the judgment and decree passed by the Trial Court in O.S. Page 1 of 13 No.288/2009. Since the rank of the parties was described differently in the said proceedings the parties will be referred in the rank assigned to them in the trial court in the original suit for the sake of convenience and clarity. The appellant herein was the defendant, while the respondent herein was the plaintiff in the suit. They will be referred accordingly.3. The chronology of...

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Mar 02 2020 (SC)

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2463 OF2015ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA & ORS. APPELLANTS VERSUS RADHEY SHYAM PANDEY RESPONDENT WITH CIVIL APPEAL NOS.22872288 OF2010CIVIL APPEAL NOS.50355037 OF2012CIVIL APPEAL NO.10813 OF2013JUDGMENT ARUN MISHRA, J.1. The question involved is whether the respondentemployees are entitled to pension on completion of 15 years of service as per the State Bank of India Voluntary Retirement Scheme (for short, the VRS framed in 2000).2. The matter has been referred to larger Bench due to conflict of opinion between the Judges as to the admissibility of pension under the VRS. 2 3. After obtaining approval of the Government of India, the Indian Bank Association (IBA) evolved a Voluntary Retirement Scheme. The Central Board of Directors of the State Bank of India (in short the SBI) adopted and approved the scheme in its meeting held on 27.12.2000 for implementing the VRS for the employee...

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Feb 28 2020 (HC)

Smt Narasamma Vs. M/S Magma Hdi Gen Ins Co Ltd.,

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF FEBRUARY2020BEFORE THE HONBLE MR.JUSTICE N.S.SANJAY GOWDA M.F.A.No.3600/2017BETWEEN : SMT. NARASAMMA, W/O LATE GOVINDAPPA, AGED ABOUT57YEARS, 1.2. MR. THIMMAIAH G, 3. MR. VENKATESH S/O LATE GOVINDAPPA, AGED ABOUT24YEARS, S/O LATE GOVINDAPPA, AGED ABOUT33YEARS, APPELLANTS ALL ARE R/AT KADUTHIPURU VILLAGE, BAKTHARAHALLI POST, DODDBELAVANGALA HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT. PIN561203. (BY SRI. A.S. GIRISH, ADVOCATE) AND:1. M/s MAGMA HDI GEN. INS. CO. LTD., NO.36, H.M.ASTRID, 2ND FLOOR, J.C.ROAD, MINERVA CIRCLE, BANGALORE-02, (INSURER OF LORRY BEARING No.KA-53-135) BY ITS MANAGER. 2 AGED ABOUT42YEARS, R/AT No.35, BETTAHALLI VILLAGE, MANDIGERE POST, GOLDEN PALM ROAD, NELAMANGALA TALUK, BANGALORE-562 123. (OWNER OF LORRY BEARING NO.KA-53-135) 2. MR. SURESH B.C., S/O CHANARAYAPPA, (BY SRI. H.N. KESHAVA PRASHANTH, ADVOCATE FOR R-1, R-2 SERVED) RESPONDENTS THE AND AGAINST THIS APPEAL IS FILED UNDER SECT...

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Feb 28 2020 (HC)

State by Police Vs. Safvan Hussain @ Rajik

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF FEBRUARY, 2020 R PRESENT THE HONBLE MR. JUSTICE S.N.SATYANARAYANA AND THE HONBLE MR.JUSTICE H.P.SANDESH CRL.A.NO.828/2013 APPELLANT BETWEEN STATE BY POLICE CIRCLE INSPECTOR MULKY CIRCLE MULKY, D.K., MANGALURU. (BY SRI. VINAYAKA V.S., HIGH COURT GOVERNMENT PLEADER) AND1 2. SAFVAN HUSSAIN @ RAJIK AGED27YEARS S/O. HAMMABBA R/AT KOPPALA HOUSE HALEYANGADI POST AND VILLAGE MANGALURU TALUK-574 146. SAMSHUDDIN @ ALTHAFA @ ALTHAFA IMRAN @ IMRAN AGED27YEARS S/O. ABDUL KHADER R/AT MELANGADI HOUSE NEAR JUMMA MOSQUE OF DAVOOD COMPLEX2MUKKA, SURATHKAL MANGALURU TALUK-575 021. @ SADHIK AGED34YEARS S/O. MOHAMMED R/AT KADTHOOR HOUSE KAMMARADI VILLAGE KOPPA TALUK CHIKMAGALORE DISTRICT-577 126. RESPONDENTS3 MOIDEEN @ MAYYADI (BY SRI. SIRAJIN BASHA AND SRI. K.N. BALARAJ, ADVOCATES FOR R3 SRI. N.S. SAMPANGI RAMAIAH, AMICUS CURIAE FOR R1 AND R2) THIS APPEAL IS FILED UNDER SECTION3781) AND (3) CR.P.C. PRAYING TO GRANT LEAVE TO APPEAL AGAI...

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Feb 28 2020 (SC)

Commissioner Directorate of Logistics Vs. M/S Almighty Techserv

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.OF2020(@SPECIAL LEAVE PETITION (C) DIARY No.1321 OF2020 Commissioner, Directorate of Logistics Petitioner(s) Versus M/s. Almighty Techserv, Proprietor Mr. Manish Dalmia & Anr. Respondents(s) ORDER Deepak Gupta, J.Delay condoned.2. The Central Board of Excise and Customs (CBEC), through the Directorate of Logistics floated an etender for supply, installation and maintenance of 74 videoscopes at various field formations of CBEC. Various bids were received. The tender was awarded in favour of M/s. ASVA Power Systems India Pvt. Ltd. 1 The award of this tender was challenged by the unsuccessful bidder M/s. Almighty Techserv on various counts. The High Court vide impugned judgment has held that the award of tender in favour of M/s. ASVA Power Systems India Pvt. Ltd. is illegal and according to the calculation of the High Court, the tender of the writ petitioner should have been treated ...

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Feb 28 2020 (SC)

District Bar Association Dehradun Vs. Ishwar Shandilya

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.5440 OF2020[@ DIARY No.1476 OF2020 District Bar Association, Dehradun through its Secretary .. Petitioner Versus Ishwar Shandilya & Ors. .. Respondents JUDGMENT M. R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.09.2019 passed by the High Court of Uttarakhand at Nainital in Writ Petition (PIL) No.31 of 2016, the District Bar Association, Dehrarun, through its Secretary, has preferred the present SLP. That by the impugned judgment and order, the High Court in the writ petition (PIL) filed by the private respondent herein has issued the following directions: The District Bar Associations of Dehradun, Haridwar and Udham Singh Nagar shall, forthwith, withdraw their call for a strike, and start attending Courts on all working Saturdays. All the District 2 Bar Associations in the State shall forthwith refrain from abstaining from Courts beca...

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Feb 27 2020 (HC)

Smt. Gowramma Vs. Smt. Padmamma

Court : Karnataka

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF FEBRUARY2020BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV REGULAR FIRST APPEAL No.19/2013 C/W WRIT PETITION No.35239/2013 (GM-CPC) R.F.A. No.19/2013 BETWEEN : 1.2.3. Smt. Gowramma, W/o Late Sri R. Nagaraju, 59 years. Smt. N. Hemavathi, D/o Late Sri R. Nagaraju, 36 years. Sri N. Umesh, Since deceased by his LRs 3(a) Smt. Sujatha, W/o Late Sri N. Ramesh, 34 years. 3(b) Kum. Pooja, D/o Late Sri N. Ramesh, 15 years. 3(c) Kum. Deepika D/o Late Sri N. Ramesh, 10 years. 3(b) & (c) being minors rep. by their natural guardian mother 4. Sri N. Umesh, S/o Late Sri R. Nagaraju, 32 years. 2 All are r/a No.87/A, Old No.13, New No.38, 2nd Floor, 2nd Cross, 4th Main, Gandhi Nagar, Bangalore 560 009. (By Sri R.B. Sadasivappa, Advocate) And:1. Smt. Padmamma, D/o Late Sri Rangappa, C/o Sri K.N. Ramaiah, 61 years, R/a No.6, 3rd Cross, R.K. Puram, S.C. Road, Gandhi Nagar, Bangalore 560 009. Appellants 2. Smt. Girija, D/o Late Sri ...

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Feb 27 2020 (SC)

Arun Kumar Gupta Vs. State of Jharkhand

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.190 OF2018ARUN KUMAR GUPTA PETITIONER(S) Versus STATE OF JHARKHAND & ANR. RESPONDENT(S) WITH WRIT PETITION (CIVIL) No.391 OF2018Deepak Gupta, J.JUDGMENT1 These writ petitions have been filed by two erstwhile judicial officers who were members of the judicial service in the State of Jharkhand and are directed against the orders whereby they have been compulsorily retired. In respect of the two writ petitions which are the subject matter of this judgment, this Court passed the following order on 06.09.2018: Writ Petition Nos. 190/2018 and 391/2018 shall remain pending. The High Court of Jharkhand may like to reconsider the matter in the light of the 1 entirety of the materials that have been placed before us at the hearing by the Registrar General of the Jharkhand High Court and also by the learned counsel for the High Court. We make it clear that the High Court is free to decide the matter as m...

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Feb 26 2020 (HC)

Manipal Academy of Higher Education Vs. Mangalore Electricity Supply C ...

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF FEBRUARY, 2020 R BEFORE THE HONBLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.6239-6243 OF2018(GM-KEB) & WRIT PETITION NOS.6270-6274 OF2018(GM-KEB) BETWEEN1 MANIPAL ACADEMY OF HIGHER EDUCATION, FORMERLY KNOWN AS MANIPAL UNIVERSITY MANIPAL EDU BUILDING, MANIPAL57610, REPSRESENTED BY ITS REGISTRAR.2. T.M.A. PAI HOSPITAL AND RESEARCH CENTER/ KASTURBA MEDICAL COLLEGE HOSPITAL, ATTAVAR, MANGALORE57500, REPRESENTED BY ITS DEAN.3. MANIPAL COLLEGE OF DENTAL SCIENCES, ATTAVAR, MANGALORE, REPRESENTED BY ITS DEAN.4. MANIPAL SCHOOL, ATTAVAR, MANGALORE - 575001. REPRESENTED BY ITS PRINCIPAL. PETITIONERS (BY SRI. MANMOHAN P.N, ADVOCATE) AND1 MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, PARADIGM PLAZA, NEAR A.B. SHETTY CIRCLE, MANGALORE57500, REPSRESENTED BY ITS EXECUTIVE ENGINEER.2. THE SUPERINTENDING ENGINEER, ELECTRICAL O & M CIRCLE, POST BOX NO.240, ATTAVAR, MANGALORE - 575001. 2 3. ASSISTANT EXECUTIVE ENGINEER (V), MANGAL...

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