advocatemmmohan
High Court
Govt. Tenders -Refusing to accept the tender at end as in the earlier tender the parties failed to perform the contract – In earlier litigation, the clause 7 was invoked but high court refused to accept the same for debarring the parties for 7 years – Apex court held that the high court failed to interpret it’ own order properly and as such set aside the same and allowed the appeal = CIVIL APPEAL NO. 9379 OF 2014 (Arising out of SLP (Civil) No.33798/2012) SHREE SHYAMJI TRANSPORT COMPANY … Appellant Versus FOOD CORPORATION OF INDIA & ORS. …Respondents = 2014-Oct. month-http://judis.nic.in/supremecourt/imgst.aspx?filename=41981
Govt. Tenders -Refusing to accept the tender at end as in the earlier tender the parties failed to perform the contract – In earlier litigation, the clause 7 was invoked but high court refused to accept the same for debarring the parties for 7 years – Apex court held that the high court failed to … Continue reading
Land Acquisition – enhancement of compensation – Compensation can be granted on bit sales on boundary lands – deduction should be given reasonably basing on locality and amenities etc., – High court enhanced compensation from 6 lakhs and odd to 9 lakhs but discarded the neighboring boundary bit sales though having high market value than the granted – Apex court by giving 60% deduction for the bit sales granted 12 lakhs per acre along with statutory benefits = CIVIL APPEAL NOS. 3982-3987 of 2011 NIRMAL SINGH Etc. Etc. ………APPELLANTS Vs. STATE OF HARYANA THROUGH COLLECTOR ………RESPONDENT = 2014 – Sept.Month – http://judis.nic.in/supremecourt/imgs1.aspx?filename=41972
Land Acquisition – enhancement of compensation – Compensation can be granted on bit sales on boundary lands – deduction should be given reasonably basing on locality and amenities etc., – High court enhanced compensation from 6 lakhs and odd to 9 lakhs but discarded the neighboring boundary bit sales though having high market value than the granted … Continue reading
Session Case -Prosecutor & Court must be vigilant against mockery Trail – Trail court disposed off the case with in 90 days in a hasty manner and acquitted all accused who poured kerosin on the deceased despite of her Dying Declaration statement and convicted only accused No.1- High court reversed the same and convicted all accused – Apex court held that Court has a greater duty and responsibility i.e. to render justice, in a case where the role of the prosecuting agency itself is put in issue and is said to be hand in glove with the accused, parading a mock fight and making a mockery of the criminal justice administration itself. We concur with the findings of the High Court that in the present case, prime duty of the trial court to appreciate the evidence for search of truth is abandoned and in a hurry to dispose of the case or for some other reason, the Sessions Judge had disposed of the trial and acquitted the accused.=CRIMINAL APPEAL NOs. 1973-1974 OF 2008 Patel Maheshbhai Ranchodbhai and others ….. Appellants Versus State of Gujarat ….Respondent =2014 – Sept.Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41967
Session Case -Prosecutor & Court must be vigilant against mockery Trail Continue reading
Service Matter – Direct Recruitment – Backward Class – Creamy Layer – High court taking into consideration of the income of the respondent held that he is not entitled to claim as B.C. – Apex court held that Individual income should not be calculated for upholding whether he comes under Creamy Layer or not, his parents income has to be consider – as such set aside the High court order and allowed the appeal and While allowing the instant appeal, we restore the appointment of the appellant Surinder Singh to the post of Accounts Officer.=CIVIL APPEAL NO. 6957 OF 2009 Surinder Singh ..Appellant versus Punjab State Electricity Board, Patiala and Ors. ..Respondents =2014 – Sept. Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41999
Service Matter – Direct Recruitment – Backward Class – Creamy Layer – High court taking into consideration of the income of the respondent held that he is not entitled to claim as B.C. – Apex court held that Individual income should not be calculated for upholding whether he comes under Creamy Layer or not, his parents income has to be consider … Continue reading
Section 34 of the Arbitration and Conciliation Act, – Disputes arose – Arbitrator passed award – filed petition to cancellation – High court declined – DB also rejected – Apex court held that As noticed above, the parties have entered into concluded contract, agreeing terms and conditions of the said contract, which was finally acted upon. In such a case, the parties to the said contract cannot back out and challenge the award on the ground that the same is against the public policy. Even assuming the ground available to the appellant, the award cannot be set aside as because it is not contrary to fundamental policy of Indian law or against the interest of India or on the ground of patent illegality.= CIVIL APPEAL NO.9048 OF 2014 (Arising out of Special Leave Petition (Civil) No.10849 of 2013) Swan Gold Mining Ltd. …Appellant (s) Versus Hindustan Copper Ltd. …Respondent(s) = 2014- Sept. Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41946
Section 34 of the Arbitration and Conciliation Act, – Disputes arose – Arbitrator passed award – filed petition to cancellation – High court declined – DB also rejected – Apex court held that As noticed above, the parties have entered into concluded contract, agreeing terms and conditions of the said contract, which was finally acted upon. In … Continue reading
Environment Protection Act, 1986. – Coastal Regulation Zone (CRZ) were enacted (w.e.f.19th February, 1991) – The guidelines,-Hotels, Beach Resorts and Beach Bungalows in Goa – orders to demolish as the buildings were situated with in 500 meters from HTL permitted – High court allowed the Writ Pil – Apex court held that admittedly the all the buildings constructed before the commencement of the Act and guidelines which are not gazetted no force of law – all are prospective – and as such the apex court held that Violation of Article 21 on account of alleged environmental violation cannot be subjectively and individually determined when parameters of permissible/impermissible conduct are required to be legislatively or statutorily determined under Sections 3 and 6 of the Environment Protection Act, 1986 which has been so done by bringing into force the Coastal Regulation Zone (CRZ) Notification w.e.f. 19th February, 1991.In view of the foregoing discussion, the orders impugned in the writ petitions filed by the appellants cannot be sustained. Consequently, the said orders as well as each of the orders dated 13th July, 2000 passed by the High Court of Bombay will have to be set aside which we hereby do while allowing the appeals.=CIVIL APPEAL NOS.3434-3435 OF 2001 GULF GOANS HOTELS CO. LTD. & ANR. . ..APPELLANTS VERSUS UNION OF INDIA & ORS. …RESPONDENTS = 2014 – Sept. Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41945
Environment Protection Act, 1986. – Coastal Regulation Zone (CRZ) were enacted (w.e.f.19th February, 1991) – The guidelines,-Hotels, Beach Resorts and Beach Bungalows in Goa – orders to demolish as the buildings were situated with in 500 meters from HTL permitted – High court allowed the Writ Pil – Apex court held that admittedly the all the buildings constructed before the commencement of the … Continue reading
Development of Industries -New Industrial Policy scheme in North- Eastern Region – some companies availed benefits of the scheme – commencement of Finance Act 2003 – certain benefit notifications were amended retrospectively from the date of original Notifications under the scheme under sec.153 of the Act – the Assistant Commissioner, Central Excise, Jorhat passed orders reviewing the entire refunded amounts under the original notifications – Challenged – High court dismissed the writs – D.B. confirmed the same – Appeals – Apex court held that allowed the appeals directing the parties to deposit the demanded amounts before the commissioner and directed to file regular appeals over the orders of Asst. Commissioner – and directed the department to treat the time consumed in these proceedings be considered as reasonable = CIVIL APPEAL NO. 3380 OF 2010 Hindustan Coca Cola Beverage (P) Ltd. … Appellant Versus Union of India and others … Respondents = 2014 – Sept. Month – http://judis.nic.in/supremecourt/filename=41913
Development of Industries -New Industrial Policy scheme in North- Eastern Region – some companies availed benefits of the scheme – commencement of Finance Act 2003 – certain benefit notifications were amended retrospectively from the date of original Notifications under the scheme under sec.153 of the Act – the Assistant Commissioner, Central Excise, Jorhat passed orders reviewing the … Continue reading
Dying Declaration – oral report mentioned at the time of admission in case sheet to duty doctor – that husband poured kerosin and lit fire orally amounts to dying declaration – to the Nurse is also amounts to dying declaration – absence of kerosin smell on the hairs of deceased in forensic test – makes no difference for coming to conclusion when Dying Declaration was corroborated by Evidence and further Surinder Kumar (Supra) is distinguishable for the simple reason that the dying declaration fully supports the prosecution version. – Apex court dismissed the appeal =CRIMINAL APPEAL NO.1503 OF 2007 TANUA RABIDAS …..APPELLANT VERSUS STATE OF ASSAM ….RESPONDENT = 2014 – Sept. Month – http://judis.nic.in/supremecourt/filename=41876
Dying Declaration – oral report mentioned at the time of admission in case sheet to duty doctor – that husband poured kerosin and lit fire orally amounts to dying declaration – to the Nurse is also amounts to dying declaration – absence of kerosin smell on the hairs of deceased in forensic test – makes … Continue reading
Accident claim – M.V. Act -Apex court held that deceased salary Rs.26,000/- per month and after deducting 10% towards income tax, net income comes to Rs.23,400/per month.- Deducting 1/4th of this amount towards his personal expenses-multiplier of 11-Rs.1,00,000/- for loss of consortium, Rs.1,00,000/- for loss of love and affection ,Rs.10,000/- for funeral expenses ,Rs.1,00,000/- for loss of estate.-interest @9% p.a -Total : Rs.26,26,600/- as both the Tribunal and the High Court have erred in not following rule laid down by this Court on this aspect in the catena of cases referred to supra. Therefore, we set aside the same and award the compensation as per the calculations made in the penultimate paragraph of this judgment.= CIVIL APPEAL NO.7705 OF 2014 (Arising out of SLP(C) NO. 4895 OF 2014) YERRAMMA & ORS. …APPELLANTS Vs. G. KRISHNAMURTHY & ANR. ….RESPONDENTS = 2014- Aug.Part – http://judis.nic.in/supremecourt/filename=41869
Accident claim – M.V. Act -Apex court held that deceased salary Rs.26,000/- per month and after deducting 10% towards income tax, net income comes to Rs.23,400/per month.- Deducting 1/4th of this amount towards his personal expenses-multiplier of 11-Rs.1,00,000/- for loss of consortium, Rs.1,00,000/- for loss of love and affection ,Rs.10,000/- for funeral expenses ,Rs.1,00,000/- for loss of estate.-interest … Continue reading
Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant?= Apex court held YES = CRIMINAL APPEAL NO.1412 OF 2014 (Arising out of SLP(CRL.) No.3308 of 2013) RAKESH & ANR … APPELLANTS VERSUS STATE OF U.P. & ANR. .. RESPONDENTS = 2014 – Aug.Part – http://judis.nic.in/supremecourt/filename=41823
Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant?= Apex court held YES Respondent No.2 herein lodged an FIR which was registered as Crime Case No.480 of 2000 under Section 364 of the Indian Penal Code at … Continue reading
advocatemmmohan 