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Apr 05 2019 (SC)

Tabrez Khan @Guddu Vs. The State of Uttar Pradesh

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.602 OF2019(Arising out of S.L.P.(Crl.) No.8074 of 2018) Tabrez Khan @ Guddu & Ors. .Appellant(s) VERSUS The State of Uttar Pradesh & Anr. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 06.02.2018 passed by the High Court of Judicature at Allahabad in Application No.3514 of 2018 whereby the High Court declined to quash Complaint Case No.3065 of 2016 as well 1 as the summoning order dated 10.03.2017 passed by the ACJM, Court No.8, Varanasi in the aforesaid case.3. A few facts need mention for the disposal of this appeal, which involves a short point.4. Respondent No.2 was married to one Mohammad Pervez in the year 2000. Appellant No.3 is the mother of Mohammad Pervez and motherinlaw of respondent No.2. Appellant Nos.1 and 2 are the brothers of Mohammad Pervez and brothersinlaw of respondent No.2.5. Respondent No...

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Apr 04 2019 (SC)

Atul Chandra Das(d) tr.lrs. Vs. Rabindra Nath bhattacharya(d)tr.lrs.&a ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 8793-8794 OF2013APPELLANT(S) ATUL CHANDRA DAS (D) THROUGH LRS. VERSUS RABINDRA NATH BHATTACHARYA (D) THR. LRS. & ORS.ETC. RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. The appellants are the legal representatives of one Atul Chandra Das. These appeals are directed against the common judgment of the Calcutta High court dismissing the First Appeal No.7 of 1989 and First Appeal No.8 of 1989. The appeals were filed by Atul Chandra Das against the dismissal of E.S. No.782 of 1979 filed by him for ejectment of the respondents from the plaint schedule property and decreeing of Suit no.1271 of 1980 filed by the respondents which would be referred to as the title suit. Thus, the appeals before us are lodged against the 1 concurrent finding of the courts below and maintained by special leave granted by this Court.2. The case set up by Atul Chandra Das is as follows: By a registered deed of conveyance dated 28.11...

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Apr 04 2019 (SC)

Bhagwan Das Goel (Dead) Through His Lrs. and Ors. Vs. Pyare Kishan Ag ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3399 OF2019(Arising out of S.L.P.(C) No.21469 of 2012) Bhagwan Das Goel(Dead) Through His L.Rs. & Ors. .Appellant(s) VERSUS Pyare Kishan Agarwal .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is directed against the final judgment and order dated 14.05.2012 passed by the High Court of Judicature at Allahabad in Writ C. No.14839/1993 whereby the High Court 1 dismissed the writ petition filed by the appellants herein and upheld the order dated 18.03.1993 passed by the Civil Judge, Jhansi in O.S. No.140/1992.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. The appellants are the legal representatives of the original defendants and the respondent herein is the plaintiff of the suit out of which this appeal arises.5. The respondent filed an application under Section 20 of the Arbitration Act, 1940 (since repealed) agai...

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Apr 04 2019 (SC)

Ajit Kaur @ Surjit Kaur Vs. Darshan Singh (Dead) Through Lrs.

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 226 OF2010AJIT KAUR @ SURJIT KAUR .Appellant(s) VERSUS DARSHAN SINGH(DEAD) THROUGH LRS.& ORS. ..Respondent(s) JUDGMENT Rastogi, J.1. This is the defendants appeal by special leave against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 28th July, 2004 and arises in the following circumstances.2. Original plaintiffs, Darshan Singh son of Bhana, and Amriti and Udhi alias Iqbal Kaur, daughters of Bhana filed a suit for possession of the subject land in dispute. It was claimed by the plaintiffs that Bhana, son of Moti was the original owner of the 1 subject properties in dispute. The plaintiffs along with one Gurdev Kaur were the children of aforesaid Bhana from his first wife Bhago and after the death of his wife(Bhago), Bhana was remarried to Smt. Banti but because of strained relations of Bhana and Smt. Banti, they started living separately. There was even a litigation betw...

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Apr 03 2019 (SC)

Gopalakrishna (D) Bylrs. . Vs. Narayanagowda (Dead) by Lrs. .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No(s).1332 of 2008 GOPALAKRISHNA (D) BY LRS. & ORS. Appellant(s) VERSUS NARAYANAGOWDA (DEAD)BY LRS. & ORS. Respondent(s) K.M. JOSEPH, J.JUDGMENT1 This appeal filed by special leave is directed against the judgment dated 28.11.2005 passed by the High Court of Karnataka in Regular Second Appeal Nos. 870/1996 and 871/1996. The High Court, by its impugned judgment, dismissed the appeals and affirmed the judgment of the First Appellate Court which had reversed the decree passed by the Trial Court. The Trial Court decreed the suits [O.S. No.68/1985 and 21/1986 (O.S. No.393/75)]. filed by the appellants. 1 2. The case of the appellants is as follows:- One Ramanna was the owner of the properties which are scheduled to the plaint. He passed away in 1907. He was married to Jankamma (first wife) who predeceased him. The second wife Seethamma passed away in the year 1938. Through his first wife (Jankamma), he had a ...

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Apr 02 2019 (SC)

National Investigation Agency Vs. Zahoor Ahmad Shah Watali

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.578 OF2019(Arising out of SLP(Crl.) No.7857 of 2018) National Investigation Agency ..Appellant(s) :Versus: Zahoor Ahmad Shah Watali ....Respondent(s) JUDGMENT A.M. K hanwilkar , J.1. Leave granted.2. The respondent is named as Accused No.10 in the First Information Report dated 30th May, 2017, registered by the Officerincharge of Police Station, NIA, Delhi, for offences punishable under Sections 120B, 121 and 121A of the Indian Penal Code (IPC) and Sections 13,16,17,18,20,38,39 and 40 of the Unlawful Activities (Prevention) Act, 1967, (for short the 1967 Act). The respondent (Accused No.10) filed an application for bail before the District and Sessions Judge, 2 Special Court (NIA), New Delhi, which came to be rejected on 8th June, 2018. That order has been reversed by the High Court of Delhi at New Delhi in Criminal Appeal No.768/2018 vide order dated 13th September, 2018. The High Court direc...

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Apr 02 2019 (SC)

Dharani Sugars and Chemicals Ltd Vs. Union of India

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION TRANSFERRED CASE (CIVIL) NO.66 OF2018IN TRANSFER PETITION (CIVIL) NO.1399 OF2018DHARANI SUGARS AND CHEMICALS LTD. PETITIONER VERSUS UNION OF INDIA & ORS. RESPONDENTS WITH WRIT PETITION (CIVIL) NO.339 OF2018WRIT PETITION (CIVIL) NO.802 OF2018WRIT PETITION (CIVIL) NO.1086 OF2018WRIT PETITION (CIVIL) NO.1110 OF2018WRIT PETITION (CIVIL) NO.1124 OF2018WRIT PETITION (CIVIL) NO.1142 OF2018WRIT PETITION (CIVIL) NO.1138 OF2018WRIT PETITION (CIVIL) NO.1156 OF2018WRIT PETITION (CIVIL) NO.1153 OF2018WRIT PETITION (CIVIL) NO.1166 OF2018WRIT PETITION (CIVIL) NO.1206 OF20181 WRIT PETITION (CIVIL) NO.1212 OF2018WRIT PETITION (CIVIL) NO.1236 OF2018WRIT PETITION (CIVIL) NO.1296 OF2018SLP(C) No.31421 OF2018WRIT PETITION (CIVIL) NO.1316 OF2018WRIT PETITION (CIVIL) NO.1308 OF2018WRIT PETITION (CIVIL) NO.1359 OF2018TRANSFERRED CASE (CIVIL) NO.65 OF2018IN TRANSFER PETITION (CIVIL) No.1404 OF2018WRIT PETITION (CIVIL) NO.1363 OF20...

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Apr 02 2019 (SC)

Vinod Verma Vs. Union of India and Ors.

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.14967 OF2017VINOD VERMA APPELLANT(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the judgment dated 03.12.2014 of the High Court of Punjab and Haryana at Chandigarh dismissing the writ petition filed by the appellant as well as the order dated 24.02.2016 rejecting the Review Application No.21 of 2016 filed by the appellant to review the judgment dated 03.12.2014.2. Brief facts giving rise to the appeal need to be noted are: Rules have been framed under proviso to Article 2 309 of the Constitution, namely, the Telecommunications Engineering Service (Group B Posts) Recruitment Rules, 1996 (hereinafter referred to as Rules, 1996). The post of Sub-Divisional Engineer is the post governed by the Rules, 1996. The post of Sub-Divisional Engineer is hundred percent promotional post. Junior Telecom Officers are eligible for promotion under two met...

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Apr 02 2019 (SC)

Pawan Kumar Vs. Babulal Since Deceased Through Lrs

Court : Supreme Court of India

CIVIL APPEAL No.3367 OF2019(@ SLP(C)No.36694 OF2017 PAWAN KUMAR VS. BABULAL SINCE DECEASED THROUGH LRS AND ORS. 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3367 OF2019(Arising out of Special Leave Petition (Civil) No.36694 of 2017) PAWAN KUMAR Appellant VERSUS BABULAL SINCE DECEASED THROUGH LRS. AND ORS. Respondents JUDGMENT Uday Umesh Lalit, J.1. 2. Leave granted. This appeal questions the final judgment and order dated 18.08.2017 passed by the High Court of Judicature for Rajasthan at Jaipur in SBRFA No.511 of 2016.3. The appellant filed a suit for declaration of title with respect to premises in Kasba Fatehpurs main market which were more particularly CIVIL APPEAL No.3367 OF2019(@ SLP(C)No.36694 OF2017 PAWAN KUMAR VS. BABULAL SINCE DECEASED THROUGH LRS AND ORS. 2 described in the plaint and prayed that he be declared owner of the premises and that the sale deed dated 24.07.2006 executed by the first defendant in favour of the second defend...

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Apr 02 2019 (SC)

Pioneer Urban Land and Infrastructure Ltd. Vs. Govindan Raghavan

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.12238 OF2018Pioneer Urban Land & Infrastructure Ltd. Appellant Versus Govindan Raghavan Respondent WITH CIVIL APPEAL No.1677 OF2019Pioneer Urban Land & Infrastructure Ltd. Appellant Versus Geetu Gidwani Verma & Anr. Respondent INDU MALHOTRA, J.JUDGMENT1 The present statutory Appeals have been filed under Section 23 of the Consumer Protection Act, 1986 to challenge the Final Judgment and Order dated 23.10.2018 passed in Consumer 1 Case No.238 of 2017 and Consumer Case No.239 of 2017 by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission).2. Since a common issue arises in both the Civil Appeals, they are being disposed of by the present common Judgment and Order.3. For the sake of brevity, the facts in C.A. No.12238 of 2018 are being referred to, being the lead matter. The factual matrix of the said Civil Appeal is as under :3. 1. The Appellant Builde...

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