advocatemmmohan
Appeal
Hindu marriage Act sec.13(1) (ia) – mere obtaining restitution of conjugal rights is not a ground for Divorce , when wife not complied with it – Best piece of Evidence of Children about the cruel attitude of father is enough for not granting the Divorce to the Husband against the wife – New tendency of husbands in obtaining restitution of conjugal rights and keeping clam for considerable period and finally filing divorce petition – is to be discourgeable – Husband failed to prove cruelty – Lower court wrongly placed reliance on Restitution of conjugal rights – hence set aside – Appeal was allowed = V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao = published in judis.nic.in/judis_andhra/filename=10629
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.752 of 2013 28-11-2013 V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao !Counsel for the AppellantSri Subba Rao Counsel for Respondent: Sri A.K.Kishore Reddy <Gist >Head Note: ?Cases Referred; JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy) The marriage between the appellant … Continue reading
Bail – transfer of case – Lower court granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district = Gulabrao Baburao Deokar … Appellant Versus State of Maharashtra & Ors. … Respondents = published in judis.nic.in/supremecourt/filename=41116
Bail – transfer of case – Lower court granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district = The High Court order cancelled the bail granted to the appellant herein in Crime No.13/2006 registered at the City Police Station, Jalgaon. The … Continue reading
Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint = J.L. Soman & Ors. … Appellants Vs. State of Bihar & Anr. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41100
Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint = … Continue reading
Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly = Yogendra Singh Tomar … Appellant Versus Bar Council for Uttarakhand and others …Respondents= Published in /Cited in / Reported in judis.nic.in/supremecourt/filename=41099
Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly = Thereafter, the learned single Judge allowed the writ petition by holding that … Continue reading
Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – High court confirmed the same and dismissed the management writ – Apex court held – Tribunal finding about prove of misconduct is also wrong as the protest of worker is valid one as per law as it is a additional work with out additional wages – scope of or .41, rule 22 c.p.c. applied a winning party can even though there was no counter appeal challenge the negative findings against him – Since workers not filed any appeal on back wages final relief – confirmed the orders of lower courts and dismissed the civil appeal filed by management = Management of Sundaram Industries Ltd. …Appellant Versus Sundaram Industries Employees Union …Respondent = Published in judis.nic.in/supremecourt/filename=41089
Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – … Continue reading
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank is in the nature of proceedings , he can not avail the protection – in this case , he filed application in proceedings , High court rightly dismissed the application = Inderjeet Arya and another …. Appellants Verses ICICI Bank Limited …. Respondent = Published in judis.nic.in/supremecourt/filename=41087
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank … Continue reading
Arbitration and conciliation Act – Disputes between the parties – whether to send it for expert opinion or to arbitrator – High Court instead of deciding issue whether there is any arbitration clause or not-open the issue on merits of disputes – billing – date of billing – billing disputes etc., and appointed arbitrator – Apex court set aside the orders of high court to that extent of opening of issues on merits as it should be decided by the Arbitrator but not by the court = Arasmeta Captive Power Company Private Limited and another … Appellants Versus Lafarge India Private Limited …Respondent = published in / cited in / Reported in judis.nic.in/supremecourt/filename=41075
Arbitration and conciliation Act – Disputes between the parties whether to send it for expert opinion or to arbitrator – High Court instead of deciding issue whether there is any arbitration clause or not-open the issue on merits of disputes – billing – date of billing – billing disputes etc., and appointed arbitrator – Apex court set aside the … Continue reading
Sec.466 Company Act – permission of company court for eviction suit against a winding up company from a leased premises – earlier orders when not on merit – a subsequent order granting permission for filing eviction suit – Reversed by D.B. bench on the point of resjudicate – Apex court allowed the appeal and set aside the D.B. bench holding that there is no Res-judicata = Erach Boman Khavar … Appellant Versus Tukaram Shridhar Bhat and another …Respondents = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41074
Sec.466 Company Act – permission of company court for eviction suit against a winding up company from a leased premises – earlier orders when not on merit – a subsequent order granting permission for filing eviction suit – Reversed by D.B. bench on the point of resjudicate – Apex court allowed the appeal … Continue reading
Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several times with 6 / 3 months from the date of cheque – Limitation of 30 days starts from the date of information of cheque bounce – the complainant admitted in his complaint that cheque was bounced on 10-11-2008 – Complaint filed 07-01-2009 = beyond 30 days from the date of cheque bounce – though two witnesses were examined – is not a bar to quash the complaint – High court committed wrong – Apex court allowed the appeal and quashed the complaint = Kamlesh Kumar …..Appellant Vs. State of Bihar & Anr. ….Respondents = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41067
Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several … Continue reading
Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155- provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong = Veer Singh & Ors. .. Appellant(s) versus State of U.P. .. Respondent(s) = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41065
Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155– provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong … Continue reading
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