Judgments - APPLICATION U/s 482
PETROMARINE PRODUCTS LTD. Vs. OCEAN MARINE SERVICES CO. LTD. & ANR
It has not been disputed by the appellant that the Bombay High Court while passing the order of attachment was not aware about the fact that the vessel was seized by the Madras High Court much prior to the filing of the suit by the appellant in Bombay High Court. The Division Bench in the impugned order has recorded the finding that Madras High Full Judgment
N.M.KRISHNAKUMARI & ORS. Vs. THALAKKAL ASSIYA & ORS.
Whether the High Court has exceeded in its jurisdiction under Section 103 of the Act in re-examining the case and holding that the findings of the Appellate Authority are not only erroneous but also error in law? The Appellate Authority has completely ignored the undisputed pleadings and material documents on record in favour of the respondents and the said finding of the Appellate Authority is erroneous Full Judgment
UNION OF INDIA & ORS. Vs. V.K.KRISHNAN & ORS.
As stated hereinabove, seniority list for employees working in different grades should be different and there cannot be any common seniority list for all the employees working in one particular group. We, therefore, set aside the impugned judgment affirming the order of the Tribunal and also direct that according to the provisions of the aforestated paras contained in the Manual, the appellants Full Judgment
PRAVEENBHAI S KHAMBHAYATA Vs. UNITED INDIA INSURANCE CO. LTD AND ORS.
The insurance policy of a public service vehicle is deemed to cover an employee engaged in the said vehicle and the liability of the insurance company to pay compensation for the death or injuries sustained by the workman. Payment of compensation for the death of workman or injuries sustained by the workman is limited to the liability arising in the Employers Compensation Act, 1923. The Full Judgment
NAWAL KISHOR MISHRA & ORS. Vs. HIGH COURT OF JUDICATURE OF ALLAHABAD &ORS
Having heard learned counsel for the respective parties, the questions that arise for consideration in these appeals are as under: Whether the appellants have the locus standi to challenge the appointments made by the High Court in the filling up of the unfilled vacancies of the reserved categories in the Direct Recruitment Posts by way of promotion of the 'in service candidates'? Whether the High Court could have validly adopted the Reservation Act of 1994 Full Judgment
ROXANN SHARMA Vs. ARUN SHARMA
There can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Full Judgment
STATE OF KARNATAKA TR.SEC.HSG.& URB.&ANR Vs. VASAVADATTA CEMENT & ANR.
The appeal has been preferred by the State of Karnataka. The State has neither created any document nor filed the same before the High Court or this Court. If any document is created by any officer to keep it on record so as to produce it before the Court, it is a serious matter which requires to be inquired into by the concerned authority. In Full Judgment
STATE OF M P AND ORS Vs. HITKISHORE GOSWAMI
The question, which arises for consideration in this appeal is whether the Courts below were justified in allowing the respondent's writ petition and in consequence justified in issuing directions in the nature of writ of mandamus in relation to respondent's pension case. It was for the reason that respondent having voluntarily tendered his resignation from the said service without there being any condition Full Judgment
WARSALIGANJ SAHKARI CHINI MILL MAZD.UNIN Vs. STATE OF BIHAR & ORS.
Whether seasonal workers of the sugar factories stopped crushing years back would be entitled to retaining allowance, was the main issue agitated by the appellant-union before the High Court. In order to avoid any confusion, it is clarified that the seasonal workers attached to the sugar Full Judgment
AJAY KUMAR CHOUDHARY Vs. UNION OF INDIA THR ITS SECRETARY & ANR
Learned Senior Counsel for the Appellant, however, has rightly relied on a series of Judgments of this Court, including O.P. Gupta v. Union of India 1987 (4) SCC 328, where this Court has enunciated that the suspension of an employee is injurious to his interests and must not be continued for an unreasonably long period; that, therefore, an order of suspension should not be lightly passed. Suspension, specially preceding Full Judgment
P.V. GURU RAJ REDDY & ANR. Vs. P. NEERADHA REDDY & ORS.
-The finding of the High Court in this regard proceeds on the basis that the plaintiffs had admitted in the plaint that the property purchased in the name of the defendant No.3 belonged to the plaintiffs. Therefore the provisions of Benami Transactions (Prohibition) Act, 1988 would apply. We fail to see how the aforesaid view of the High Court can be sustained. The suits in question were not filed for recovery of any property held in benami by the defendants. Rather, the suit was for declaration of Full Judgment
Union of India & Anr. Versus Rajbir Singh
The essence of the rules, as seen earlier, is that a member of the armed forces is presumed to be in sound physical and mental condition at the time of his entry into service if there is no note or record to the contrary made at the time of such entry. More importantly, in the event of his subsequent discharge from service on medical ground, any deterioration in his health Full Judgment
NATIONAL THERMAL POWER CORP. LTD. Vs. M/S ASHOK KUMAR SINGH & ORS.
-While the technical bids were opened and found compliant, the financial bids had yet to be opened when the respondents moved an application addressed to the AGM (C&M) of the appellant-corporation at Rai Bareilly withdrawing the bids submitted by it and asking for being excluded from consideration besides praying for refund of the earnest money deposited with the bids. - -The expression "revocation of tender" does not Full Judgment
Raveesh Chand Jain Raveesh versus Raj Rani Jain
- The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination Full Judgment
SAI KRIPA MANGAL KARYALAYA & ORS. VERSUS NAGPUR MUNICIPAL CORPORATION & ORS.
In absence of the sanctioned plan, we are of the view that the High Court was not justified in deciding the disputed question of fact as to whether the building was constructed in accordance with Town Planning Scheme. the High Court was not justified in entertaining the so called Public Interest Litigation filed by persons who had personal dispute with respondent no.4. we Full Judgment
KRISHNA HARE GAUR Vs. VINOD KUMAR TYAGI AND ORS
-When the appointment is made de hors the rules, the same is a nullity. In such an eventuality, the statutory bar like doctrine of res judicata is not attracted. -"From the above, it is evident that even in judicial proceedings, once a fraud is proved, all advantages gained by playing fraud can be taken away. In such an eventuality the questions of non-executing of the Full Judgment
MADHUKAR SADBHA SHIVARKAR (D) BY LRS. Vs. STATE OF MAHARASHTRA & ORS.
In our considered view, the orders impugned in the writ petitions which are affirmed by the High Court, are perfectly legal and valid and therefore, the same do not warrant interference by this Court in exercise of power of this Court under Article 136 of the Constitution, but on the other hand, the aforesaid orders of the State Government can also be traceable to executive power of Full Judgment
PUNJAB STATE POWER CORPORATION LIMITED VERSUS PUNJAB STATE ELECTRICITY REGULATORY COMMISSION & ORS.
An appeal under Section 125 of the Electricity Act, 2003 is maintainable before this Court only on the grounds specified in Section 100 of the Code of Civil Procedure. Section 100 CPC in turn permits filing of an appeal only if the case involves a substantial question of law- The appeal is, therefore, dismissed Full Judgment
M/S BENNET COLEMAN & CO.LTD. Vs. STATE OF BIHAR & ORS.
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment