Judgments - CIVIL MISC. ARBITRATION APPLICATION

Broadly, it is in the above-mentioned background the instant SLP came to be filed complaining that notwithstanding the mandate of Section 86, sub- Section (7) of the Representation of the People Act, 1951, the High Court has not disposed of the election petition so far. It was the pious hope of the Parliament that election disputes under the Representation of the People Act, 1951 should be resolved expeditiously. The purpose is obvious. The tenure of the members of the Parliament as well as the Legislature of Full Judgment

Tags Election

Supreme Court of India (Division Bench (DB)- Two Judge)

M/S SHERALI KHAN MOHAMED MANEKIA Vs. STATE OF MAHARASHTRA & ORS.

Appeal (Civil), 2475-2476 of 2015, Judgment Date: Feb 27, 2015

The short question, therefore, that falls for consideration is as to whether after the disposal of the appeal, the Court Receiver stands discharged or whether he continues in his office till an order of discharge is passed by the Court? In our view, when a Receiver is appointed pending suit or appeal, the prime objective is to preserve the property by taking possession Full Judgment

Tags CPC Receiver

Supreme Court of India (Division Bench (DB)- Two Judge)

SHYAM LAL Vs. DEEPA DASS CHELA RAM CHELA GARIB DASS

Appeal (Civil), 4245 of 2012, Judgment Date: Feb 27, 2015

The question that arises for consideration is as to whether the plaintiff-appellant became a trespasser after expiry of the lease period or continued to be a tenant having protection for eviction under the tenancy laws. Taking into consideration the various tenancy laws applicable in the State of Punjab and the law discussed by this Court and the High Court, in our considered opinion the trial court, the appellate court Full Judgment

Tags CPC Eviction Injunction Tenancy

Supreme Court of India (Division Bench (DB)- Two Judge)

GOVT. OF NCT OF DELHI AND ORS Vs. JAGJIT SINGH AND ORS

Appeal (Civil), 2592 of 2015, Judgment Date: Feb 27, 2015

Any determination under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, must proceed sequentially. First, the factum of an Award under Section 11 of the Land Acquisition Act, 1894, must be clearly established. The said Award must predate the commencement of the Act, i.e., Full Judgment

Tags Land Acquisition Compensation

Supreme Court of India (Division Bench (DB)- Two Judge)

K.P. Manu Versus Chairman, Scrutiny Committee for Verification of Community Certificate

Appeal (Civil), 7065 of 2008, Judgment Date: Feb 26, 2015

As we perceive, the controversy fundamentally has three arenas, namely, (1) whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste; (ii) whether after his eligibility is accepted and his original community on a collective basis takes him within its fold, he still can be denied the Full Judgment

Tags Removal From Service Reservation Service Law / Matter , Provident Funds

Supreme Court of India (Division Bench (DB)- Two Judge)

UNION OF INDIA & ORS. Vs. DILEEP KUMAR SINGH

Appeal (Civil), 2466 of 2015, Judgment Date: Feb 26, 2015

These appeals raise an interesting question as to the interpretation of a proviso contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short the "1995 Act"). It is well settled that the provisions of a statute must be read harmoniously together. However, if this is not possible then it is settled law that where there is a conflict between two Sections, and you cannot reconcile the two, you have to determine which is the leading provision Full Judgment

Tags Interpretation Reasonable Classification Service Law / Matter , Provident Funds Removal From Service