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  advocatemmmohan Apex Court Promissory notes & Cheques  Mode of citation :  2016 [6] APEX COURT Civil Appeal  No(s).  3345-3346/2008-BALRAM ETC.-vs-LAXMI NARAYAN  ─ Murali Mohan. M. advocatemmmohan 1-12-5 Brahmin Street Atmakur , kurnool dist. AP-518422 CONTACT advocatemmmohan@gmail.com & yourcaselaw@gmail.com  Costs of volume Rs.500/- Mode of payment Google Pay. Disclaimer All the contents of this Site… Read More Apex Court-Promissory notes & Cheques

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  Advocatemmmohan Apex court on Title&Injunction 01.05.20XX  M. MURALI MOHAN M/S Advocatemmmohan  1-12-5, Brahmin Street Atmakur, Kurnool Dist. AP – 518422 Overview Exclusive  judgments of our Supreme Court on Titles & Injunction along with Head Notes for easy picks.  Vol.No.1 Mode of citation  2020 [ 1] Apex Court Cost of Volume Rs.100/- INR Disclaimer All… Read More e- Books @ 100 INR

whether the respondent­ who is allegedly a trustee in the Sumandeep Charitable Trust which established and sponsors the said University (‘Deemed to be University’) is a ‘public servant’ covered under Section 2(c) of the PC Act, can be broken up into two parts: first, whether the 7 8 ‘Deemed University’ is covered under the provisions of the Prevention of Corruption Act, 1988, and secondly, whether the ‘respondent­trustee’ can be termed as ‘public servant’ under Section 2(c)(xi) of the PC Act? ii. Whether the accused­respondent can be discharged under Section 227 of CrPC?

1IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL No.989 OF 2018State of Gujarat …APPELLANTVersusMansukhbhai Kanjibhai Shah …RESPONDENTJUDGMENTN. V. RAMANA Corruption is the malignant manifestation of a malady menacingthe morality of men. There is a common perception thatcorruption in India has spread to all corners of public life and iscurrently choking the constitutional aspirations enshrined… Read More whether the respondent­ who is allegedly a trustee in the Sumandeep Charitable Trust which established and sponsors the said University (‘Deemed to be University’) is a ‘public servant’ covered under Section 2(c) of the PC Act, can be broken up into two parts: first, whether the 7 8 ‘Deemed University’ is covered under the provisions of the Prevention of Corruption Act, 1988, and secondly, whether the ‘respondent­trustee’ can be termed as ‘public servant’ under Section 2(c)(xi) of the PC Act? ii. Whether the accused­respondent can be discharged under Section 227 of CrPC?

whether as a condition of giving the benefit of Section 6(2) of the said Act, the tax authorities can impose a limit or timeframe within which delivery of the respective goods has to be taken from a carrier when the goods are delivered to a carrier for transmission in course of inter-state sale?

1REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 2217 OF 2011COMMERCIAL TAXES OFFICER …APPELLANTVERSUSM/S. BOMBAY MACHINERY STORE …RESPONDENTWITHCIVIL APPEAL NO. 2220 OF 2011CIVIL APPEAL NO. 10000 OF 2017CIVIL APPEAL NO. 10001 OF 2017J U D G M E N TANIRUDDHA BOSE, J.All these four appeals are being dealt with by this judgmentas they… Read More whether as a condition of giving the benefit of Section 6(2) of the said Act, the tax authorities can impose a limit or timeframe within which delivery of the respective goods has to be taken from a carrier when the goods are delivered to a carrier for transmission in course of inter-state sale?

whether any relief can be granted to the appellant in this appeal. – provided temporary accomadation over the disputed property till she established her title over it and subject to the result of the suit in the family court or suitable forum as the respondent No.8 her husband accepted for accomdation of her. whether any relief can be granted to the appellant in this appeal. – provided temporary accomadation over the disputed property till she established her title over it and subject to the result of the suit in the family court or suitable forum as the respondent No.8 her husband accepted for accomdation of her. The Bombay High Court has in substance non-suited her on the ground that the Writ Court was not the appropriate forum for granting her relief. We do not per se find any error in such approach. But, in course of this appeal, the husband (respondent no. 8) has filed an affidavit stating that he has set apart the Flat No. 101 in which the appellant could be accommodated. The appellant on the other hand has asserted that the allocation of the same flat was earmarked for one Mr. Nayak Satam, a tenant, as per the plan Considering the fact that the dispute is pending for a very long time, we shall be giving certain directions in exercise of our jurisdiction under Article 142 of the Constitution of India which we hope will conclude the dispute. We shall do so having regard to the fact that the builder and the husband of the appellant have uniformly stated that Flat No. 101 in Om Apartment is available to accommodate the appellant. For this reason, in our opinion, the appellant should be given the choice 19 of occupying that flat as her residence. For this purpose, however, certain cautionary measures are also necessary to ensure that the said flat is not otherwise parted with or encumbered in any form:- (a) The Respondent Nos. 1 and 2 shall disclose to the appellant in writing as to whether the Flat no. 101 of “Om Apartment” standing on Plot No.118, Dr. M.B. Raut Road, Shivaji Park, Dadar having 379 sq.ft. carpet area is free for allocation to the respondent no. 8 or not. This disclosure shall be made to the appellant within a period of two months from the date of communication of this order to the Respondent Nos. 1 and 2. (b) Within one month from the date such disclosure is communicated to the appellant in writing, the appellant shall take a decision as to whether she will accept the offer to be accommodated in said flat no. 101. The appellant shall inform the respondent no. 1, 2, 7 and 8 her decision in writing within the aforesaid timeframe of one month. (c) The husband, that is the respondent no. 8, shall also give an undertaking in the form of 20 an affidavit affirmed before a Judicial Magistrate of First Class stating therein in clear terms the nature of right he exercises over that flat along with copies of documents to establish such right. That affidavit shall also contain an unequivocal undertaking that he would not in any way disturb possession of the appellant in the said flat. The affidavit shall also disclose that the respondent no. 8 has not created any form of encumbrance over the said flat. Such affidavit shall be given within a period of one month from the date the appellant communicates in writing her willingness to be accommodated in flat no. 101. (d) If there is no bar in allocating the said flat to the appellant on the basis of re-development plan or any other instrument supplemental or ancillary thereto, and the appellant accepts the offer of being accommodated in the said flat bearing no.101, then the appellant shall vacate her present accommodation and settle in that flat bearing no.101 in Om Apartment within a further period of four months. This would be subject to the respondent no.8 21 giving undertaking in the form of affidavit as directed in the preceding sub-paragraph. 14. In the event, however, the appellant wants to establish her right to reside in her matrimonial home with her husband, she shall be at liberty to approach the Family Court or any other forum of competent jurisdiction, as she may be advised. But in such a situation, she would not be entitled to claim any right specifically in respect of Flat No.101 at Om Apartment on the basis of directions issued by us in the preceding paragraph including the four sub-paragraphs thereof. 15. The appellant shall vacate her existing accommodation for which expenses appears to have been and continues to be incurred by the Respondent No. 8. The fact of incurring such expense has been pleaded in the additional affidavit filed on behalf of Respondent No. 8, verified on 29th August 2019. We give appellant eight months’ time to vacate her present residence at A/20, Bal Govinddas Society, Manorama Nagarkar Marg, Mahim Mumbai. In the event she chooses to opt for Flat No. 101 in “Om Apartment” as her residence, and the other conditions specified in paragraph 13 and its various sub- 22 paragraphs are satisfied, then she shall vacate her present premises from the date she takes possession of the flat at “Om Apartment”. Respondent No.8 shall give her possession of the said premises on a date mutually convenient to the appellant and the Respondent No.8 within the aforesaid period of eight months. 16. Otherwise, the course to be taken by her shall be guided by the direction that may be given by a Court of competent jurisdiction, which the appellant may approach. Till the time the appellant retains possession of the present residential accommodation, which period shall not exceed eight months, the respondent no.8 shall continue to pay rent thereof and her possession thereof shall not be disturbed. The obligation of the respondent no.8 to pay rent and ensure peaceful possession of the present residential unit of the appellant shall not exceed the eight months period, as stipulated by us. Unless of course, a Court of competent jurisdiction issues any other direction at the instance of the appellant

1REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 7231 OF 2012AISHWARYA ATUL PUSALKAR …APPELLANTVERSUSMAHARASHTRA HOUSING & AREADEVELOPMENT AUTHORITY & ORS. …RESPONDENTSJ U D G M E N TANIRUDDHA BOSE, J.The original writ petitioner, who is the appellant in thisproceeding seeks to enforce her right to reside in her matrimonial home.The location of the… Read More whether any relief can be granted to the appellant in this appeal. – provided temporary accomadation over the disputed property till she established her title over it and subject to the result of the suit in the family court or suitable forum as the respondent No.8 her husband accepted for accomdation of her. whether any relief can be granted to the appellant in this appeal. – provided temporary accomadation over the disputed property till she established her title over it and subject to the result of the suit in the family court or suitable forum as the respondent No.8 her husband accepted for accomdation of her. The Bombay High Court has in substance non-suited her on the ground that the Writ Court was not the appropriate forum for granting her relief. We do not per se find any error in such approach. But, in course of this appeal, the husband (respondent no. 8) has filed an affidavit stating that he has set apart the Flat No. 101 in which the appellant could be accommodated. The appellant on the other hand has asserted that the allocation of the same flat was earmarked for one Mr. Nayak Satam, a tenant, as per the plan Considering the fact that the dispute is pending for a very long time, we shall be giving certain directions in exercise of our jurisdiction under Article 142 of the Constitution of India which we hope will conclude the dispute. We shall do so having regard to the fact that the builder and the husband of the appellant have uniformly stated that Flat No. 101 in Om Apartment is available to accommodate the appellant. For this reason, in our opinion, the appellant should be given the choice 19 of occupying that flat as her residence. For this purpose, however, certain cautionary measures are also necessary to ensure that the said flat is not otherwise parted with or encumbered in any form:- (a) The Respondent Nos. 1 and 2 shall disclose to the appellant in writing as to whether the Flat no. 101 of “Om Apartment” standing on Plot No.118, Dr. M.B. Raut Road, Shivaji Park, Dadar having 379 sq.ft. carpet area is free for allocation to the respondent no. 8 or not. This disclosure shall be made to the appellant within a period of two months from the date of communication of this order to the Respondent Nos. 1 and 2. (b) Within one month from the date such disclosure is communicated to the appellant in writing, the appellant shall take a decision as to whether she will accept the offer to be accommodated in said flat no. 101. The appellant shall inform the respondent no. 1, 2, 7 and 8 her decision in writing within the aforesaid timeframe of one month. (c) The husband, that is the respondent no. 8, shall also give an undertaking in the form of 20 an affidavit affirmed before a Judicial Magistrate of First Class stating therein in clear terms the nature of right he exercises over that flat along with copies of documents to establish such right. That affidavit shall also contain an unequivocal undertaking that he would not in any way disturb possession of the appellant in the said flat. The affidavit shall also disclose that the respondent no. 8 has not created any form of encumbrance over the said flat. Such affidavit shall be given within a period of one month from the date the appellant communicates in writing her willingness to be accommodated in flat no. 101. (d) If there is no bar in allocating the said flat to the appellant on the basis of re-development plan or any other instrument supplemental or ancillary thereto, and the appellant accepts the offer of being accommodated in the said flat bearing no.101, then the appellant shall vacate her present accommodation and settle in that flat bearing no.101 in Om Apartment within a further period of four months. This would be subject to the respondent no.8 21 giving undertaking in the form of affidavit as directed in the preceding sub-paragraph. 14. In the event, however, the appellant wants to establish her right to reside in her matrimonial home with her husband, she shall be at liberty to approach the Family Court or any other forum of competent jurisdiction, as she may be advised. But in such a situation, she would not be entitled to claim any right specifically in respect of Flat No.101 at Om Apartment on the basis of directions issued by us in the preceding paragraph including the four sub-paragraphs thereof. 15. The appellant shall vacate her existing accommodation for which expenses appears to have been and continues to be incurred by the Respondent No. 8. The fact of incurring such expense has been pleaded in the additional affidavit filed on behalf of Respondent No. 8, verified on 29th August 2019. We give appellant eight months’ time to vacate her present residence at A/20, Bal Govinddas Society, Manorama Nagarkar Marg, Mahim Mumbai. In the event she chooses to opt for Flat No. 101 in “Om Apartment” as her residence, and the other conditions specified in paragraph 13 and its various sub- 22 paragraphs are satisfied, then she shall vacate her present premises from the date she takes possession of the flat at “Om Apartment”. Respondent No.8 shall give her possession of the said premises on a date mutually convenient to the appellant and the Respondent No.8 within the aforesaid period of eight months. 16. Otherwise, the course to be taken by her shall be guided by the direction that may be given by a Court of competent jurisdiction, which the appellant may approach. Till the time the appellant retains possession of the present residential accommodation, which period shall not exceed eight months, the respondent no.8 shall continue to pay rent thereof and her possession thereof shall not be disturbed. The obligation of the respondent no.8 to pay rent and ensure peaceful possession of the present residential unit of the appellant shall not exceed the eight months period, as stipulated by us. Unless of course, a Court of competent jurisdiction issues any other direction at the instance of the appellant