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sc Judgments 2008

Supreme Court Judgments 2008
May 2008 complete text judgments available for free download now.....

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lawyersSupreme Court Judgments  - May  2008

Madhuban v State of U.P.  5/5/2008.
Indian Penal Code,1860 -  sections 302, 323 and 394 -  conviction -  confirmed by High Court -  appeal -  it appears that the learned advocate appearing on behalf of the appellant before the High Court could not make oral submissions because of infection in vocal cord
- Leave granted
Tarakanath Kar v Lipika Kar 7/5/2008.
Criminal Procedure Code, 1973 section 125 -  application filed by respondent Lipika -  case transferred -  Chandana filed application for being impleaded -  in the subsequent order dated 5.7.2006 the High Court highlighted the limited jurisdiction for rectification/modification under Section 362 of the Code
- Leave granted
T.Thimmaiah (D) By Lrs. v Venkatachala Raju (D) BY Lrs. 9/5/2008.
Cr.P.C. Order 47 Rule 1 -  order made in review - challenged -  from a bare perusal of the judgment in review, it is clear that the principles laid down under Order 47 Rule 1 of the CPC have been completely ignored -  we, however, give liberty to the respondent herein to challenge the judgment dated 16th February 1999, if so advised.
Dadu Dayalu Mahasabha, Jaipur (Trust) v Mahant Ram Niwas & another 12/5/2008.
Code of Civil Procedure -  order II Rule 2 -  Res Judicata -  principals -  applicability of.
- Leave granted
Ramachandran v R. Udhayakumar & others 13/5/2008.
Criminal Procedure Code, 1973 -  section 482 -  prayer for directory the respondent to withdraw the litigation - and to entrust the same to the file of Central Bureau of Investigation -  the direction of the High Court for re-investigation or fresh investigation are clearly indefensible.
- Leave granted
Amol Singh v State of M.P. 15/15/2008.
Indian Penal Code, 1860 -  section 302 and 34 -  conviction and sentence -  the discrepancies, make the last declaration doubtful. The nature of the inconsistencies is such that there are certainly material. That being so, it would be unsafe to convict the appellant. The conviction is set aside and appellant is acquitted of the charges.
- Leave granted
Illa Roy Chowdhury V Shyamali Das and others 16/5/2008.
Land Acquisition Act, 1894 - sections 30 and 31 - an application for reference under - an attempt on the part of the First Respondent to get herself imp leaded as party in the Reference Petition did not fructify. The said order attained finality. It does not appear that the said respondent was not sure as to whether such an application had been filed or not - what would be the effect of the order of the Calcutta High Court allowing the First Respondent to file an appropriate application before the Collector for reference in terms of Sections 30 and 31 of the Act which was a conditional order - no fruitful purpose would be served in allowing the matter to proceed pursuant to the observations made by the learned Single Judge. - Leave granted
M.Saravana Porselvi v A.R. Chandrashekar @ Parthiban & others 27/5/2008.
Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary divorce - registered - permanent alimony received by the wife - there does not exist any period of limitation in respect of an offence under Section 494, as the maximum period of punishment which can be imposed therefore is seven years
- Leave granted

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