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Nov 12 2018 (SC)

Common Cause Vs. Union of India .

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICITON I.A. No.40 of 2015, I.A.No.42 of 2015, IA No.61 of 2015 in IA No.40 of 2015 and IA No.111989 of 2018 WRIT PETITON (C) No.114 OF2014IN Common Cause Petitioner versus Union of India & Ors. (IN RE: SARDA MINES PVT. LTD.) . Respondents Madan B. Lokur, J.JUDGMENT1 In this batch of substantive applications, we are concerned with what is described as Illegalities involved in the mining lease of Sarda Mines Private Limited by the Central Empowered Committee in its report of 16th October, 2014.2. It is not necessary to repeat all the facts leading up to these applications since the background has already been detailed by us in Common Cause v. State of Orissa.1 1 (2017) 9 SCC499IA Nos.40 of 2015 etc. in W.P. (C) No.114 of 2014 Page 1 of 14 3. While dealing with the mining lease of Sarda Mines Private Limited, the Central Empowered Committee or the CEC concerned itself with seven issues. They are:1. Regarding renewal of the mini...

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Nov 12 2018 (SC)

Lourembam Deben Singh Vs. Union of India

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CRL.M.P. No.125554 OF2018IN WRIT PETITION (CRIMINAL) No.205 OF2018Lourembam Deben Singh & Ors. versus . Petitioners Union of India & Ors. etc. . Respondents AND CRL.M.P. No.125550 OF2018IN WRIT PETITION (CRIMINAL) No.206 OF2018Raj Kumar Brojen & Ors. .Petitioners Union of India & Ors. versus WITH Respondents WRIT PETITION (CRIMINAL) NOS. 205 & 206 OF2018JUDGMENT Madan B. Lokur, J.1. These writ petitions have been filed by some police personnel of Manipur Police under Article 32 of the Constitution of India. We have Crl. MP No.125554/2018 IN W.P. (Crl.) No.205/2018 etc. etc. Page 1 of 20 been given to understand that these petitions have the support of a few hundred officers from the Indian Army, the paramilitary forces and Manipur Police. These petitions are a fall-out of the decision rendered by us in Extra-Judicial Execution Victim Families Association v. Union of India1 and subsequent orders passed therein by wa...

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Nov 12 2018 (SC)

Tamil Nadu Dr. Mgr Medical University Vs. Svs Educational and Social T ...

Court : Supreme Court of India

Non - Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.10920 of 2018 (Arising out of S.L.P. (Civil) No.2194 of 2018) TAMIL NADU DR.MGR MEDICAL UNIVERSITY .... Appellant Versus SVS EDUCATIONAL AND SOCIAL TRUST .Respondent JUDGMENT L. NAGESWARA RAO, J.Leave granted. The request of the First Respondent for continuance of 1. provisional affiliation for admission of students in Bachelor of Homeopathy Medicine and Surgery (BHMS) degree course for the academic year 2016-2017 was rejected by the Appellant. In a Writ Petition filed by the First Respondent assailing the said order, the High Court of Madras directed the Appellant to permit the First Respondent to participate in the counselling for admission to Homeopathic Colleges for the academic year 2017-2018. 1 The Division Bench of the High Court of Madras upheld the said interim order. Hence this Appeal. The Central Council for Homeopathy, the Third 2. Respondent herein, conducted an inspection on 06.08....

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Nov 02 2018 (SC)

Sivasankar v.k. Vs. V.k.sivan .

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 12061207 OF2015SIVASANKAR V.K. ..Appellant Versus V.K. SIVAN AND OTHERS ..Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J.These appeals are presented by the unsuccessful Defendant No.3 against the concurrent findings given by the Court of Subordinate Judge, Kozikode in O.S. No.203 of 1996 and the High Court of Kerala in A.S. No.1044 of 1998. It is relevant to note that the other defendants have accepted the judgment of the Trial Court, which decreed the suit for partition of the suit property, granting 1/3rd share to the plaintiff, and consequently did not file any appeal against the judgment. It was only Defendant No.3 who questioned the judgment of the Trial Court, 1 and failed in the appeal. A review petition filed by him was also dismissed.2. The main issue involved in these appeals is the interpretation of the terms of a Will (Exhibit B1) executed by the late Komappan in the year 1940 regard...

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Nov 02 2018 (SC)

Pratap Mehta Vs. Sunil Gupta

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.81728173 OF2018PRATAP MEHTA APPELLANT(S) VERSUS SUNIL GUPTA & ORS. RESPONDENT(S) WITH CIVIL APPEAL NOS.81748177 OF2018BAR COUNCIL OF INDIA APPELLANT(S) VERSUS STATE BAR COUNCIL OF M.P. & ORS. ETC. RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.These appeals have been filed against the common judgment dated 17.07.2018 of the High Court of Delhi in Letters Patent Appeal NO.365/2018 and other connected LPAs. Letters Patent Appeals were filed by the appellant aggrieved by common judgment dated 06.07.2018 of learned Single Judge in Writ Petition(C)No.2142 of 2016 (State 2 Bar Council of M.P. vs. Bar Council of India & Ors.) and Writ Petition (C) No.2215 of 2016 (Sunil Gupta vs. Bar Council of India & Ors.). Learned Single Judge vide its judgment dated 06.07.2018 disposed of the writ petitions with certain directions.2. The brief facts of the case necessary to be noted for deciding these appeals are: State ...

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Nov 02 2018 (SC)

Ramesh Badlani Vs. The State of Madhya Pradesh

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(CRL.) No.6568 OF2018DR. RAMESH BADLANI .Petitioner(s) VERSUS STATE OF M.P. .Respondent(s) ORDER Abhay Manohar Sapre, J.1. Having heard Dr. Rajiv Dhavan, learned senior counsel for the petitioner, Shri Saurabh Mishra learned counsel for respondent No.1 State and Shri Mahavir Singh, learned senior counsel for impleader, and on perusal of the record of the case and the case law cited by Dr. Dhavan, we are not inclined to interfere with the impugned order of the 1 High Court which declined to grant bail to the petitioner.2. Dr. Dhavan, learned senior counsel, however, submitted that the petitioner is not keeping well.3. It is for the petitioner to approach the Sessions Judge who, in his judicial discretion, is empowered to pass appropriate orders keeping in view the facts made out by the petitioner in that behalf after hearing all parties concerned.4. The special leave petition is dismissed....

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Nov 02 2018 (SC)

mangt.of Sri Ramnarayan Mills Ltd. Vs. sec.coimbatore dist.text.work.u ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1977 OF2010THE MANAGEMENT OF SRI RAMNARAYAN MILLS LTD. .. Appellant(s) Versus SECRETARY COIMBATORE DISTRICT TEXTILE WORKERS UNION(HMS) AND ORS. .. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is filed against the final judgment and order dated 13.08.2007 passed by the High Court of Judicature at Madras in W.A. No.2675 of 2002 whereby the Division Bench of the High Court 1 dismissed the Writ Appeal and affirmed the order of the Labour Court and Single Judge.2. Facts of the case lie in a narrow compass. They, however, need mention in brief infra to appreciate the short controversy.3. The appellant is a limited company having its mill in Coimbatore. The appellant being an employer applied to the Joint Commissioner of Labour (Respondent No.3) praying in their application that they be allowed to add one more new ground namely break in service in Clause 16 of the Chapter of Punishment in Cer...

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Nov 02 2018 (SC)

North East k.r.t.c. Vs. Sujatha

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7470 OF2009North East Karnataka Road Transport Corporation .Appellant(s) VERSUS Smt. Sujatha Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 29.11.2006 passed by the High Court of Karnataka at Bangalore in M.F.A. No.4170 of 2002 whereby the High Court dismissed the appellants appeal and confirmed the order dated 23.04.2002 passed by the Commissioner for 1 Workmens Compensation (Labour Court), Bellary (hereinafter referred to as the Commissioner).2. The issue involved in this appeal lies in a narrow compass. It is clear from the facts mentioned hereinbelow.3. One Mallikarjuna was an employee of the appellanta State Road Transport Corporation for the State of Karnataka working as a driver. He died while he was on duty on 06.04.1999 when he felt pain in his chest and suffered heart attack.4. The respondent is the wife of deceased Mallika...

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Nov 02 2018 (SC)

Himachal Pradesh Cricket Association Vs. The State of Himachal Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1258-1259 OF2018HIMACHAL ASSOCIATION & ANR. PRADESH CRICKET VERSUS .....APPELLANT(S) STATE OF HIMACHAL PRADESH & ORS. .....RESPONDENT(S) W I T H WRIT PETITION (CRIMINAL) No.135 OF2017JUDGMENT A.K. SIKRI, J.Two FIRs are the subject matter of these appeals. One FIR No.12 of 2013 dated August 01, 2013 is under Sections 406, 420, 120B of the Indian Penal Code, 1860 (IPC) and Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act) has been registered against the appellants herein as well as some other persons. Second FIR No.14 of 2013 dated October 03, 2013 is under Section 447 read with Section 120B of the IPC, Section 3 of Prevention of Criminal Appeal Nos. 1258-1259 of 2018 & Anr. Page 1 of 53 Damage to Public Property Act, 1984 and Section 13(2) of the PC Act. The appellants filed petitions under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Him...

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Nov 01 2018 (SC)

M/S Hindon Forge Pvt. Ltd. Vs. The State of Uttar Pradesh Thr. Distric ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10873 OF2018[ARISING OUT OF SLP(CIVIL) NO.5895 OF2018 M/S HINDON FORGE PVT. LTD. & ANR. APPELLANTS VERSUS THE STATE OF UTTAR PRADESH THROUGH DISTRICT MAGISTRATE GHAZIABAD & ANR. RESPONDENTS WITH CIVIL APPEAL No.10874 OF2018[ARISING OUT OF SLP(CIVIL) NO.12841 OF2018 JUDGMENT R.F. NARIMAN, J.1.2. Leave granted. These matters come to us from a Full Bench judgment of the Allahabad High Court dated 06.02.2018. By an order of reference dated 19.09.2017, a learned Single Judge noticed divergent opinions expressed by two different Benches of the 1 Allahabad High Court on the question whether an application under section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as the SARFAESI Act or the Act), at the instance of a borrower, is maintainable even before physical or actual possession of secured assets is taken by b...

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