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Apr 23 2019 (SC)

Cantonment Board,meerut . Vs. Afzal

Court : Supreme Court of India

C.A.Nos.3814 of 19 etc. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3814 OF2019Cantonment Board, Meerut & Anr. ...Appellants Versus Afzal ...Respondent WITH CIVIL APPEAL NOS. 3815/2019; 3816/2019; 3817/2019; 3818/2019; 3819/2019; 3820/2019; 3821/2019; 3822/2019; 3823/2019; 3824/2019; 3825/2019; 3826/2019; 3827/2019; 3828/2019; 3829/2019; 3830/2019; 3831/2019; 3832/2019; 3833/2019; 3834/2019; 3835/2019; 3836/2019; 3837/2019; 3838/2019; 3839/2019; 3840/2019; 3841/2019; 3842/2019; 3843/2019; 3844/2019; 3845/2019; 3846/2019; 3847/2019; 3848/2019; 3849/2019; 3850/2019; 3851/2019; 3852/2019; 3853/2019; 3854/2019; 3855/2019; 3856/2019; 3857/2019; 3858/2019; 3859/2019; 3860/2019; 3861/2019; 3862/2019; 3863/2019; 3864/2019; 3865/2019; 3866/2019; 3867/2019; 3868/2019; 3869/2019; 3870/2019; 3871/2019 JUDGMENT R. Subhash Reddy, J.1. This batch of appeals, is filed by the Cantonment Board, Meerut and others, aggrieved by the common order 1 C.A.Nos.3814 of 1...

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Apr 23 2019 (SC)

Monthi Menezes(d) by Lr. Vs. Devaki Amma (D) by Lr..

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3539 OF2009MONTHI MENEZES (D) BY LR. ......... APPELLANT(S) VS. DEVAKI AMMA (D) BY LR. & ANR. ........ RESPONDENT(S) JUDGMENT Dinesh Maheshwari,J.1. This appeal by special leave is directed against the judgment and order dated 12.03.2008 as passed by Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.2202 of 2006, affirming the order dated 17.11.2006 as passed by learned Single Judge in Writ Petition No.11344 of 1999. 1.1. By the said order dated 17.11.2006, learned Single Judge of the High Court allowed the writ petition filed by respondent of the present appeal (now represented by her legal representative) and set aside the order dated 28.01.1999 passed by the Land Tribunal, Bantwal Taluk, Karnataka in TNC No.10579 of 1974- 95 whereby the Tribunal had declared the applicant Shri Bona Menezes 1 (predecessor of the present appellant - who is also represented by her legal repr...

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Apr 23 2019 (SC)

National Insurance Company Ltd. Vs. Mannat Johal

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4079-4081 OF2019(Arising out of SLP (C) Nos. 742-744 OF2019 NATIONAL INSURANCE COMPANY LTD. ........APPELLANT(S) VS. MANNAT JOHAL & ORS. ETC. ETC. .......RESPONDENT(S) WITH CIVIL APPEAL NO.4082-4083 [email protected] SLP (CIVIL) NO.10371-10372 [email protected] DIARY No.9529 OF2019JUDGMENT Dinesh Maheshwari, J.1. The application for substitution of legal representatives in the petition filed on behalf of the claimants is allowed; the named legal representative shall stand substituted in the both the petitions. Delay condoned in the petition filed on behalf of the claimants. 1.1.2. Leave granted in the both the petitions. These cross-appeals relating to the vehicular accident compensation claims, respectively by the insurer of the offending vehicle and by the claimants, are directed against the common judgment and order dated 06.07.2018, as passed in FAO No.1136 of 2000 (O & M) and connected matters, whereby the High Cou...

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Apr 22 2019 (SC)

Kumar Ghimirey Vs. The State of Sikkim

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.719 OF2019(Arising out of SLP (Criminal) No.1948 of 2017) KUMAR GHIMIREY APPELLANT(S) VERSUS THE STATE OF SIKKIM RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.Leave granted.2. This appeal has been filed by the appellant against the judgment of Sikkim High Court dated 20.09.2016 dismissing Criminal Appeal No.19 of 2015 filed by the appellant questioning the order of conviction and sentence dated 31.01.2014 passed by the Special Judge(POCSO Act, 2012)convicting the appellant under Section 9/10 of the Protection of Children from Sexual Offences Act, 2012(POCSO Act, 2012), Section 341 of 2 IPC. The appellant was to undergo simple imprisonment for a period of seven years and to pay fine of Rs.50,000/ under Section 9/10 of POCSO Act, 2012 and under Section 341 of IPC he was sentenced to undergo simple imprisonment for a period of one month.3. The appellant aggrieved by the judgment of the Special Judge ...

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Apr 22 2019 (SC)

Sampada Yogesh Waghdhare Vs. The State of Maharashtra

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4056 OF2019(Arising out of SLP(C) No.12385 of 2018) SAMPADA YOGESH WAGHDHARE .... APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. .... RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. 2. Leave granted. The appellant who was elected as a Municipal Councillor was later elected as President of the Council on 11.02.2015. On the ground that the husband of the appellant had carried out unauthorized constructions, the 1 appellant came to be disqualified under Section 44(1)(e) of the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965 (In short Maharashtra Municipal Council Act). Section 44(1)(e) reads as follows: [(e) has constructed or construct by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act, or the Maharashtra Regional and Town Planning Act, 1966 or the rules or bye- laws framed under the said Acts; or has directly...

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Apr 22 2019 (SC)

M/S Indian Oil Corporation Limited Vs. The State of Uttar Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3257-3268 OF2019(arising out of SLP (C) Nos.31748-31759 of 2018) INDIAN OIL CORPORATION LIMITED ...APPELLANT Vs. STATE OF U.P. & ORS. ...RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.These appeals have been filed against the Division Bench judgment of Allahabad High Court dated 22.11.2018 dismissing the writ petitions filed by the appellant questioning the demand notices issued by 1 the respondent demanding interest on Entry Tax from the appellant.2. These appeals centres round the issue regarding liability to pay interest on the Entry Tax on the appellant under The U.P. Tax on Entry of Goods into Local Areas Act, 2007 (hereinafter referred to as Act, 2007) The demanded Entry Tax having been paid by the appellant, the issue to be considered is with regard to liability to pay interest on the Entry Tax alone.3. The Entry Tax Legislations in the State of U.P. as well as in other States of the country have a lo...

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Apr 22 2019 (SC)

Vst Industries Limited Vs. The State of Uttar Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3256 OF2019(arising out of SLP (C) No.26913 of 2018) VST INDUSTRIES LIMITED ...APPELLANT Vs. THE STATE OF UTTAR PRADESH & ORS. ...RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the Division Bench order of the Allahabad High Court dated 11.07.2018 by which order the High Court directed: - Subject to deposit of 50% of the interest so demanded by way of recovery dated 26.06.2018 within the next one week, no coercive measure may be taken against the Petitioner till 18th July, 2018. List this matter on 18th July, 2018 along with Writ-Tax No.757 of 2018. 2. The order impugned under this appeal is only an interim order. In above interim order, High Court directed the writ petition to be listed along with 2 Writ-Tax No.757 of 2018. The Division Bench of the High Court has decided the Writ-Tax No.757 of 2018 vide its judgment dated 22.11.2018 against which judgment, Civil Appeal N...

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Apr 22 2019 (SC)

The State of Rajasthan Vs. Mukesh Sharma

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 3086 OF2016STATE OF RAJASTHAN AND OTHERS ...APPELLANT(S) MUKESH SHARMA ...RESPONDENT(S) VERSUS WITH CIVIL APPEAL NO(s). 3092 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS ...APPELLANT(S) GURUBUX SINGH alias BAKSHI SINGH ...RESPONDENT(S) CIVIL APPEAL NO(s). 3087 OF2016STATE OF RAJASTHAN AND OTHERS ...APPELLANT(S) BIRBAL RAM VERSUS ...RESPONDENT(S) CIVIL APPEAL NO(s). 3088 OF2016STATE OF RAJASTHAN AND OTHERS VERSUS RATAN LAL ...APPELLANT(S) ...RESPONDENT(S) CIVIL APPEAL NO(s). 3089 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS RAM GOPAL ...APPELLANT(S) ...RESPONDENT(S) 1 CIVIL APPEAL NO(s). 3091 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS BIRBAL MAHARIYA ...APPELLANT(S) ...RESPONDENT(S) CIVIL APPEAL NO(s). 3090 OF2016STATE OF RAJASTHAN AND OTHERS ...APPELLANT(S) TEJ SINGH alias SANWAT SINGH VERSUS ...RESPONDENT(S) CIVIL APPEAL NO(s). 3093 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS RAM AVTAR KHATIK AND ...

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Apr 22 2019 (SC)

Maars Software International Ltd. Vs. Union of India

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.40234025 OF2019(Arising out of S.L.P.(C) Nos.3217732179 of 2017) Maars Software International Ltd. & Anr. .Appellant(s) VERSUS Union of India & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. These appeals are filed against the final judgment and order dated 18.04.2017 passed by the High Court of Judicature at Madras in Civil Misc. Appeal Nos.1997 & 1998 of 2010 and Writ 1 1 Petition No.15793 of 2010 whereby the High Court allowed the Civil Miscellaneous Appeals filed by the respondents herein and dismissed the writ petition filed by the appellants herein.3. A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.4. Appellant No.1 herein is a Limited company having its registered office at Chennai and Appellant No.2 is its Managing Director. The appellant Company is engaged in the business of software exports. The appellantCompany...

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Apr 22 2019 (SC)

Pr. Commissioner of Income Tax 3 Nagpur Vs. Ballarpur Industries Ltd.

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4026 OF2019(Arising out of S.L.P.(C) No.1153 of 2018) Pr. Commissioner of Income Tax3, Nagpur .Appellant(s) VERSUS Ballarpur Industries Ltd. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 17.07.2017 passed by the High Court of Judicature at Bombay, Bench at Nagpur in ITA11 No.38 of 2003 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 30.06.2003 passed by the Income Tax Appellate Tribunal (for short, the Tribunal).3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. The appellant is the Commissioner of Income Tax and the respondent is an assessee.5. The respondentassessee is a Limited Company, which is engaged in the business of manufacturing of various kinds of papers. The dispute in this appeal relates to the as...

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