[Criminal Appeal No. 267 of 2019 arising out of SLP (CRL.) No. 4500/2018]. The present appeal raises an issue as to whether the appellant herein has been declared to be a foreigner incorrectly. By the Foreigner's Tribunal judgment dated 19.01.2017, after referring to some of the documents produced by the appellant, and after finding that there was a discrepancy in the name of the grandfather and the fact that the grandfather and the father later lived in different villages, the Tribunal declared the appellant to be a foreigner. The High Court dismissed the writ petition filed against the same judgment stating: "Having said that we may look into the written statement filed by the petitioner before the Tribunal. In a proceeding before the Foreigners' Tribunal where the citizenship status of the proceedee is being questioned, that too, by the State, the proceedee must disclose all material facts within his special knowledge relevant for establishing his citizenship at the first instance itself i.e., in the written statement. In other words, he must be able to plead about his identity as a citizen of India.
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Sirajul Hoque Vs. State of Assam [14/02/19]
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Gagan Kumar Vs. State of Punjab [14/02/19]
[Criminal Appeal No.266 of 2019 arising out of S.L.P.(CRL.) No.10727 of 2018]. This appeal is directed against the final judgment and order dated 26.11.2018 passed by the High Court of Punjab & Haryana at Chandigarh 1 in CRR No.42 of 2018 whereby the Single Judge of the High Court dismissed the revision petition filed by the appellant herein and affirmed the judgment and order of the Courts below. The appeal involves a short controversy as would be clear from the facts set out hereinbelow. The appellant was prosecuted and eventually convicted for the offences punishable under Sections 279 and 304A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") in CHI 88530 of 2013 by the Judicial Magistrate 1st Class, Jalandhar by order dated 12.05.2017.
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Rahul Dutta Vs. State of Bihar [14/02/19]
[Writ Petition (Civil) No(S). 71/2019]. In the writ petitions filed under Article 32 of the Constitution of India, with respect to the examination of Civil Judge (Junior Division) the candidates are aggrieved by action that has been taken to call 10% of the candidates who have appeared in the preliminary examination would qualify for the final examination. Their main submission is that as per the decision of this Court in Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others, (2008) 17 SCC 703, vacancies have to be filled up by holding preliminary examination and then final written examination followed by viva voce. As per the directions issued by this Court, for the purposes of Civil Judge (Junior Division) by direct recruitment, declaration of the result of the preliminary written examination for calling candidates for final written examination has to be in the ratio of 1:10 of the available vacancies to the successful candidates.
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Cement Workers' Mandal Vs. Global Cements Ltd. (HMP Cements Ltd.) [14/02/19]
[Civil Appeal No.5360 of 2010]. This appeal is filed against the final judgment and order dated 27.04.2007 passed by the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No.1020 of 2006 in Civil Application No.770 of 2005 whereby the Division Bench of the High Court allowed the said Letters Patent Appeal filed by respondent No.1 herein holding that the High Court 1 had no territorial jurisdiction to entertain the Special Civil Application (in short, "SCA") filed by the appellant herein which was entertained and allowed by the Single Judge. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short legal question.
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Government of NCT of Delhi Vs. Union of India [14/02/19]
[Civil Appeal Nos. 2357 of 2017]. Prologue All these appeals arise out of the judgment dated August 04, 2016 rendered by the High Court of Delhi in writ petitions filed before it under Article 226 of the Constitution of India. We would refer to the subject matter of those writ petitions and the manner in which the High Court dealt with and decided the same at the appropriate stage. However, it would be pertinent to point out that in the said impugned judgment, main issue related to the status of National Capital Territory of Delhi (NCTD) and in, particular, about administration of NCTD, powers exercisable by and functions of the elected Government of NCTD (GNCTD) vis-a-vis the Central Government (or to put it more precisely, in juxtaposition to the Lieutenant Governor (LG) of GNCTD, as nominee of the President of India). This issue centered around the interpretation that needed to be given to Article 239AA of the Constitution of India.
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Mehboob-Ur-Rehman (D) through LRS. Vs. Ahsanul Ghani [15/02/19]
[Civil Appeal No. 8199 of 2009]. The appellant herein (since deceased and represented by his legal representatives) had filed the suit for specific performance of Agreement to Sell, being O.S. No. 392 of 1979, that was decreed by the Court of II Additional Civil Judge, Kanpur Nagar by the judgment and decree dated 10.12.1981. However, the decree so passed by the Trial Court was reversed by the Court of IX Additional District Judge, Kanpur Nagar in its judgment and decree dated 03.07.1995 in Appeal No.54 of 1982, essentially on the ground that the plaintiff had failed to aver and prove his continuous readiness and willingness to perform his part of the contract. The High Court of Judicature at Allahabad, in its impugned judgment dated 10.12.2007 in R.S.A. No. 931 of 1995, while dismissing the second appeal filed by the plaintiff-appellant, affirmed the decree passed by the First Appellate Court. Aggrieved, the plaintiff-appellant has preferred this appeal.
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State of Gujarat Vs. PWD and Forest Employees Union [15/02/19]
[Civil Appeal Nos. 1684-1686 of 2019 arising out of Special Leave Petition (C) Nos. 5028-5030 of 2019 arising out of Diary No. 43592 of 2018]. In these appeals filed by the State of Gujarat, challenge is laid to the common judgment dated June 14, 2018 passed by the High Court of Gujarat in contempt proceedings which were initiated by the respondents herein. To mention here, in nutshell, the appellant Government had passed Resolution dated October 17, 1988 whereby certain benefits were given to its daily wage workers, who have been working for number of years. The respondent Union, which represent those workers, had approached the High Court for direction to extend those benefits contained in Government Resolution (GR) dated October 17, 1988.
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Ezajhussain Sabdarhussain Vs. State of Gujarat [15/02/19]
[Criminal Appeal No(S). 2007 of 2008]. The appellants are assailing their conviction under Section 302 read with section 34 IPC and sentenced to undergo imprisonment for life passed by the learned trial Court and confirmed by the High Court under the impugned judgment. On dismissal of appeal upholding conviction under Section 302 read with Section 34 IPC, accused nos. 1 and 2 have not challenged their conviction and sentence and accused nos. 3 and 4(present appellants) have approached this Court assailing the said judgment and conviction under Section 302 read with Section 34 IPC. The brief facts necessary for disposal of the appeal are as follows: According to the case of the prosecution, accused no.1 Iftekharhussain Sabdarhussain was having a long pending civil dispute about his flat with the deceased Mohammad Shakil situated near to the scene of occurrence.
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Kripal Singh Vs. State of Rajasthan [15/02/19]
[Criminal Appeal No(S). 2100 of 2008]. This appeal has been filed against the judgment and order dated 4th February, 2008 passed by the High Court of Judicature of Rajasthan at Jaipur Bench confirming the conviction of the appellant for the offence punishable under Section 302 IPC passed by the learned trial Court under the impugned judgment dated 22nd November, 2002. The brief facts as per the prosecution case are that on 28th July, 2001, at 9.15 p.m. informant Sunil Kumar Goyal(PW13) submitted a written report(Exh. P1) at Police Station Dug wherein it was stated that around 6.30 p.m., he was going along with his brother Yashwant and Paras Mal on motor cycle bearing no. RJ20 8M 9309 to their agricultural farm situated at village Doodhlai.
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Gaurav Kumar @ Monu Vs. State of Haryana [15/02/19]
[Criminal Appeal Nos.283-285 of 2019 arising out of SLP (CRL.) No.2366-2368 of 2015]. These appeals have been filed by the appellant challenging the Order dated 30.01.2015 passed by the Punjab & Haryana High Court dismissing three applications as withdrawn filed in Criminal Appeal No. 937 of 2002. Brief facts necessary to be noticed for deciding these appeals are: - The F.I.R. dated 24.05.2000 was registered under Section 323, 506, 148, 149, 170, 171 & 302 IPC against the appellant and other accused. The accused including the appellant were tried by Additional Sessions Judge, Hisar in Criminal Case 1 No. 127 S.C. of 2005. The date of incident is intervening night of 23rd/24th May, 2000, in which incident one Sher Singh was beaten, who was taken to the hospital and after recording of his statement he died.
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Srinivasan Iyenger Vs. Bimla Devi Agarwal [15/02/19]
[Criminal Appeal No. 277 of 2019 arising out of SLP (CRL.) No. 2986 of 2015]. As common question of law and facts arise in both these appeals and, as such, these appeals arise out of the impugned common judgment and order passed by the High Court, both these appeals are being decided and disposed of together by this common judgment. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.01.2015 passed by the High Court of Gauhati in Criminal Petition No. 634 of 2014, by which the High Court has rejected the said application preferred by the Appellants herein to quash the criminal proceedings initiated against them by Respondent No. 1 herein - the original Complainant, the original Accused - original Applicants have preferred the present appeals.
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Vidyalakshmi @ Vidya Vs. State of Kerala [15/02/19]
[Criminal Appeal No. 971 of 2012]. As common question of law and facts arise in this group of appeals and as such arise out of the common impugned judgment and order passed by the Division Bench of the High Court of Kerala at Ernakulam, all these appeals are decided and disposed of by this common judgment and order. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the Division Bench of the High Court, by which the High Court has dismissed the said appeals preferred by the respective Accused Nos. 1 to 3 and has confirmed the judgment and order of conviction and sentence imposed by the learned trial Court convicting the original Accused for the offences punishable under Section 302 read with Section 34 of the IPC (original Accused Nos. 1 & 2), for the offences punishable under Section 120B of the IPC (original Accused Nos. 1 & 3) and for the offences punishable under Section 302 read with Section 114 of the IPC (original Accused No.3) and convicting the original Accused Nos. 1 & 2 for the offences under Section 379 read with Section 34 of the IPC, the original accused Nos. 1 to 3 have preferred the present appeals.
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Gwalior Distilleries Pvt. Ltd. Vs. State of Madhya Pradesh [15/02/19]
[Civil Appeal No. 1701 of 2019 arising out of S.L.P. (Civil) No. 30428 of 2018]. The Appellant is a manufacturer of spirits and holds a licence in the form of D-1 granted in the year 2017. A tender notice was issued for supply of country spirit in sealed bottles, in the State of Madhya Pradesh for the year 2018-2019. The condition imposed for participating in the tender was that the tenderer must have a licence for manufacturing, bottling and wholesale supply of country spirit in the State of Madhya Pradesh, issued in the form of 1 CS-1 licence. Clause 2(i) of the tender notice dated 03.02.2018 was challenged by the Appellant on the ground that the stipulation pertaining to possession of CS-1 licence was contrary to Rule 3 of the Madhya Pradesh Country Spirit Rules, 1995 (hereinafter referred to as 'the Rules') since such licence could not be granted unless the distiller has participated in the tender process.
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Giriraj Garg Vs. Coal India Ltd. [15/02/19]
[Civil Appeal No. 1695 of 2019 arising out of SLP (Civil) No. 28693 of 2018]. The present Civil Appeal arises out of an Order dated 21/18.05.2018 passed by a learned Single Judge of the Jharkhand High Court at Ranchi, in Arbitration Application No. 11 of 2016. The Appellant filed an Application u/S. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") for appointment of an independent arbitrator to adjudicate 1 the disputes that had arisen between the Petitioner and Respondent No. 2. The factual matrix of the present case, briefly stated, is as under: Respondent No. 1 issued the 2007 Scheme, whereby coal distribution would be conducted through eAuction, with a view to provide access to coal for buyers, who were not able to source coal through the available institutional mechanism.
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Essar Shipping Ltd. Vs. The Board of Trustees for the Port of Calcutta [15/02/19]
[Civil Appeal No. 5654 of 2007]. This appeal by special leave challenges the judgment and order dated 27.10.2006 passed by the Division Bench of the High Court at Calcutta allowing appeal namely A.P.D. No.338 of 1997 and setting aside the decree dated 09.04.1997 passed by Single Judge of the High Court in Suit No.12 of 1998. On 27.08.1987 at about 1148 hrs. the vessel "M.V. Chennai Nermai" belonging to the appellant (formally known as South India Shipping Corporation Ltd.) arrived at the lock gate of Haldia Port for loading of cargo of coal at Haldia Docks for delivery at the port of Tuticorin. The vessel de-ballasted while at the lock gate upto 1300 hrs. At 1306 hrs., in terms of the Rules of Calcutta Port Trust, Berthing Master Mr. Rajak of the Port Trust boarded the vessel and by 1342 hrs. the forward and aft tugs were attached for towing the vessel from the lock gates to the berthing area of Haldia Port. While the vessel was being berthed at about 1354 hrs., the startboard quarter of the vessel came in contact with a coal loader stationed by the side of the berthing area and the coal loader got damaged.
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Prof. R.K. Vijayasarathy Vs. Sudha Seetharam [15/02/19]
[Criminal Appeal No. 238 of 2019 Special Leave Petition (CRL) No. 1434 of 2018]. The present appeal arises from the judgment and final order dated 1 January 2016 of the High Court of Karnataka, rejecting the prayer of the appellants to quash the criminal proceedings instituted by the first respondent against them. The High Court stayed the criminal proceedings till the disposal of a pending civil suit instituted by the son of the appellants against the first respondent. The facts relevant to the present dispute are thus: Rajiv Vijayasarathy Ratnam, (the son of the appellants) and Savitha Seetharam (the daughter of the first respondent) were married on 24 May 2002. They moved 1 to the United States of America and a child was born to them in 2009. Savitha was involved in a car accident on 5 February 2010 and proceedings were initiated against her abroad.
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Anjali Bhardwaj Vs. Union of India [15/02/19]
[Writ Petition (Civil) No. 436 of 2018]. This writ petition is filed under Article 32 of the Constitution of India, as a Public Interest Litigation. The petitioners state that it is filed with the aim to have effective implementation of the Right to Information Act, 2005 (hereinafter referred to as 'RTI Act') so that fundamental rights of citizens to access information from public authorities are secured. Under the RTI Act, the Central Information Commission (for short, 'CIC') and State Information Commissions (for short, 'SICs') have been created as statutory bodies to decide appeals and complaints against public authorities for non-compliance with the RTI law.
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Union of India Vs. Lt. Colonel Dharamvir Singh [15/02/19]
[Civil Appeal No.1714 of 2019 arising out of SLP(C) No.3480 of 2019]. The respondent is a Lieutenant Colonel in the Indian Army. On 20 September 2016, as an officer of the Intelligence Corps, he was posted to 3 Corps Intelligence and Surveillance Unit1. On 30 June 2018 he was posted from 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in Maharashtra. His successor, Lt Colonel RP Nanda addressed two letters on 30 June 2018 and 2 July 2018 to his Commanding Officer implicating breaches of discipline, violations of the Arms Act 1959, and security and administrative lapses by the respondent. According to the petitioners, on being directed to report to Unit Headquarters by his Commanding Officer at 3 CISU, the respondent moved to Dimapur.
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Perry Kansagra Vs. Smriti Madan Kansagra [15/02/19]
[Civil Appeal No. 1694 of 2019 @ Special Leave Petition (Civil) No.9267 of 2018]. This appeal challenges the final Judgment and Order dated 11.12.2017 passed by the High Court of Delhi allowing Review Petition No.221 of 2017 preferred by the respondent against the judgment and order dated 17.02.2017 passed by the High Court of Delhi in MAT App. (F.C.) No.67 of 2016. The appellant (Kenyan and British Citizen) and Respondent (Indian Citizen) got married on 29.07.2007 at New Delhi. After marriage, the Respondent shifted to Nairobi, Kenya and settled into her matrimonial home with the appellant. A son, named Aditya Vikram Kansagra was born to the couple on 02.12.2019 at New Delhi. After delivery, the respondent returned back to Nairobi along with Aditya. Thereafter, the Respondent and Aditya travelled from Kenya to India on few occasions. Aditya holds Kenyan as well as British passport.
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S. Kumar (D) Vs. United India Insurance Company Ltd. [18/02/19]
[Civil Appeal No. 6038 of 2003]. This appeal by special leave is directed against the judgment and order dated 21.06.2001, as passed in C.M.A. No.1101 of 1995 and Cross Objection No. 70 of 1996, whereby the High Court of Judicature at Madras has modified the award dated 27.04.1995, as made by the Motor Accidents Claims Tribunal, Chennai (II Judge, Court of Small Causes, Chennai) in MACT O.P. No. 2932 of 1992. In the impugned judgment and order dated 21.06.2001, the High Court has made substantial downward revision of the amount of compensation awarded by the Tribunal to the injured claimant-appellant; and in place of the amount awarded by the Tribunal to the tune of Rs. 4,58,060/- together with interest @ 15% p.a., has awarded a sum of Rs. 2,11,060/- together with interest @ 9% p.a. from the date of filing of the claim application.
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