Allotment of Petrol Pump–Appellant obtained 112 marks whereas respondent No. 5 obtained 110 marks–Appellant in a better candidate–Indian oil corporation to make allotment in favour of appellant.
2009(2) LAW HERALD (SC) 777 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 804 of 2009…
Payment of due amount – Construction and improvement of road – the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum i.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S PUNA HINDA — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil…
(IPC) – Section 306, 498A read with Section 114 – to attract the applicability of Section 113-A of the Evidence Act, three conditions are required to be fulfilled :- (i) The woman has committed suicide, (ii) Such suicide has been committed within a period of seven years from the date of her marriage, (iii) The charged-accused had subjected her to cruelty – From the facts of the case at hands, all the three conditions stand fulfilled
SUPREME COURT OF INDIA DIVISION BENCH GUMANSINH @ LALO @ RAJU BHIKHABHAI CHAUHAN AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : S. Abdul Nazeer…
Appellants have gone through the process of selection provided under the scheme of the Act 1973 regardless of the fact whether the post is temporary or permanent in nature, at least their appointment is substantive in character and could be made permanent as and when the post is permanently sanctioned by the competent authority – It can safely be held that the appellants became entitled to claim their appointment to be in substantive capacity against the permanent sanctioned post and become a member of the teaching faculty of the Central University under the Act 2009 – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH SOMESH THAPLIYAL AND ANOTHER ETC. — Appellant Vs. VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and…
Determination of lease – Waiver of forfeiture – when the lessee is given the benefit of such property and the breach of the condition imposed is alleged, the strict construction of the forfeiture clause against the lessor in all circumstances would not arise as otherwise it would render the clause in the lease deed otiose – Parties are governed by the terms in the contract and as such the lessee cannot claim – a court will not assist a lessee in extricating himself or herself from the circumstances that he or she has created, in the name of equitable consideration
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KERALA AND OTHERS — Appellant Vs. M/S JOSEPH AND COMPANY — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ.…
The purpose of verification of caste certificates by Scrutiny Committees is to avoid false and bogus claims – Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry – After conducting an inquiry and coming to a conclusion that Appellant belongs to Kailolan community and not to Valluvan community which is a Scheduled Caste – In view of the conclusion that the State Level Scrutiny Committee did not have the power to reopen the matter relating to the caste certificate – Appeal Allowed.
SUPREME COURT OF INDIA DIVISION BENCH J. CHITRA — Appellant Vs. DISTRICT COLLECTOR AND CHAIRMAN STATE LEVEL VIGILANCE COMMITTEE, TAMIL NADU AND OTHERS — Respondent ( Before : L. Nageswara…
(CPC) – Section 100 – Second Appeal – Reappreciation of evidence – Merely because the High Court refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been reappreciated.
SUPREME COURT OF INDIA FULL BENCH BALASUBRAMANIAN AND ANOTHER — Appellant Vs. M. AROCKIASAMY (DEAD) THROUGH LRS. — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hrishikesh Roy,…
(CPC) – Or 41 R 4 and 27 – Suit for declaration of title and for recovery of possession – One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all – Plaintiff has not made out any case for declaration of title over the disputed property in her favour – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH P. ISHWARI BAI — Appellant Vs. ANJANI BAI AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…
West Bengal Municipal Act, 1996 – Sections 217 and 218 – Demolition of illegal construction – Sanction of building plan was cancel by municipal authorities – There is no error committed by the High Court in holding that the order by which action was directed to be initiated under Section 218 of the Act for demolition of the structure does not survive as the basis of the said order was the order passed by the Municipality.
SUPREME COURT OF INDIA DIVISION BENCH DEBABRATA SAHA — Appellant Vs. SERAMPORE MUNICIPALITY AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal…
Uttar Pradesh Kshettra Panchayat and Zila Panchayats Act, 1961 – Section 28 – Motion of no-confidence in Adhyaksha – Provisions of Section 28 which ensured that an elected representative can only stay in power so long as such person enjoys the support of the majority of the elected members of the Zila Panchayat – As soon as such a person loses the confidence of the majority, he becomes unwanted – In a democratic set up, the will of the majority has to prevail.
SUPREME COURT OF INDIA DIVISION BENCH SAU. SANGEETA W/O SUNIL SHINDE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R.…