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lawyersSupreme Court Judgments  - April 2007

Maharshi Dayanand University & Anr v Anand Co-Operative Society Limited & Anr 25/04/2007Law
Arbitrator - appointment - no reason to interfere with the appointment of an arbitrator - Appeal dismissed - giving liberty to the parties to raise all their contentions based on lack of jurisdiction of the arbitral tribunal before the arbitrator. The arbitrator will permit the appellant to amend or supplement the objections already filed by it if it is felt necessary by the appellant 
- Leave granted.
Union of India v S.P.S. Rajkumar and Others 24/04/2007Law
Air Force Rules, 1969 - Financial large-scale impropriety committed by commissioned officer - in the matter of purchases - no plea raised in these appeals as regards the finding that nobody who was senior was available. Therefore, the High Court was not justified in interfering with the conclusions of the GCM holding the same to be not validly constituted. The order is set aside
Management of Coimbatore District Central Co-Operative Bank v Secretary, Coimbatore District Central Co-Operative Bank Employees Association & Another 23/04/2007Law
Industrial Disputes Act, 1947 - strike notice -  not in consonance with the provisions of the Industrial Disputes Act, 1947 - the reason for such notice and going on strike was suspension of certain employees and withholding of their salary by the Management
- Leave granted.
Union of India and Others v Keshar Singh 20/04/2007
Army Pension Regulations, rr. 173, 423 - whether the respondent is eligible to disability pension - the two disabilities from which the respondent was suffering were not attributable to or aggravated by military service.- respondent was not attributable to the military service, both the learned Single Judge and the Division Bench were not justified in their respective conclusion. The respondent is not entitled to disability pension.
Mohit Bhargava v Bharat Bhushan Bhargava and Others 20/04/2007
Code Of Civil Procedure, 1908, ss. 39, 42, o.9, r.3 - There cannot be any dispute over the proposition that the court which passed the decree is entitled to execute the decree. - Section 38 of the Code provides that a decree may be executed either by the court which passed it or by the court to which it is sent for execution - Section 42 of the Code indicates that the transferee court to which the decree is transferred for execution will have the same powers in executing that decree as if it had been passed by itself - it will be open to the decree holder, now that the decree has been transmitted to the court at Indore, to move an application in the executing court at Indore for sale of the property in question..
- Leave granted.
Authorised Officer and Deputy Conservator of Forests and Another v Asgarli Khan 19/04/2007
Appeal against confiscation order of Deputy Conservator of Forests allowed by Session Judge - forest offence and smuggling of sandal wood - material of and lorry seized - confiscation proceeding - no reason for the High Court to dismiss the criminal revision petition - application for amendment allowed.
- Leave granted.
J. Yashoda v K. Shobha Rani 19/04/2007
Indian Evidence Act, ss. 63, 64, 65 - Whether photo copies ought to have been received as secondary evidence - Admittedly photo copies - could not have been marked and taken as secondary evidence - High Court to be not above suspicion.- the High Court came to the conclusion that no foundation had been laid by the appellant for leading secondary evidence in the shape of the Photostat copy. - no infirmity in the above order of the High Court as might justify interference by this Court.
- Leave granted.
Pradeep Singh v Union of India and Others 19/04/2007
Army Act, 1950, ss.39A, 80, 116 - Absence for two months -  charged under - tried and punished by a Summary Court Martial vide order dated 16.8.1989. The order of dismissal passed by the Court Martial was challenged in the writ petition
V.R. Sudhakara Rao and Others v T.V. Kameswari 18/04/2007
Specific Performance relief - discretionary - The High Court has rightly concluded that there is no clear proof relating to the other terms of condition.
Union of India and Others v A.N. Mohanan 18/04/2007
Service Promotion - penalty of censure - whether would stay in the way of promotion - Awarding of censure, therefore, is a blameworthy factor. A bare reading of Rule 3.1 makes the position clear that where any penalty has been imposed the findings of the sealed cover are not to be acted upon and the case for promotion may be considered by the next DPC in the normal course.
Director, Food and Supplies, Punjab and Another v Gurmit Singh 17/04/2007
Industrial Disputes Act, 1947 , s.10(1)(c) - Whether termination of services of -Workman is justified and in order.
Bihar Public Service Commission and Others v Kamini and Others 16/04/2007
Eligibility - requisite qualifications for appointment to the post of District Fisheries officer cum Chief Execution officer must have qualifications of B.Sc. Zoology with a two years Diploma in Fisheries Science from Central Institute of Fisheries Education, Mumbai or a Graduate Degree in Fisheries Science (B.F.S.C.) from a recognized University or M.Sc. (Inland Fisheries Administration & Management) with Zoology from the Central Institute of Fisheries Education, Mumbai.
- Leave granted.
Suraj Bhan and Others v Financial Commissioner and Others 16/04/2007
Delhi Land Revenue Act, 1954; Constitution of India, 1950 -
An entry in Revenue Records does not confer title on a person whose name appears in Record of Rights. It is settled law that entries in the Revenue Records or Jamabandi have only 'fiscal purpose' i.e. payment of land-revenue, and no ownership is conferred on the basis of such entries. So far as title to the property is concerned, it can only be decided by a competent Civil Court  - Leave granted.
Supreme Court Bar Association v Union of India and Others 13/04/2007
Legal Services Authorities Act, 1987, s. 6(2) - Constitution of India, 1950 Article 32  - Writ petition -  It is the case of the writ petitioner that appointment of a retired Judge as Chairman of the concerned State Legal Service Authority in different States falls foul of the desired legislative effect. It is stated that appointment of retired Judges has the effect of stalling the effectiveness in functioning of the State Legal Service Authorities. With reference to Section 6(2) of the Legal Services Authorities Act, 1987
Rama Paswan and Others v State of Jharkhand 13/04/2007
Indian Penal Code, 1860; Evidence Act, 1872 - Rape - Attracting punishment under s.376 of the IPC - FIR was lodged by the informant -.The High Court noted that Section 376 of IPC is not compoundable - Since Section 376 IPC is not compoundable in terms of Section 320 of the Code, the trial court and the High Court rightly rejected the prayer
 - Leave granted.
Union of India v Yumnam Anand M. @ Bocha @ Kora @ Suraj and Another 12/04/2007
National Security Act, 1980, s. 3(3) -
Habeas corpus Petition -  The High Court was of the view that parawise comments were not required to be called for and it was held that the same was fatal to the detention - The question as to whether the views of the sponsoring authority are to be called for and whether they are necessary have been dealt with in several cases - the High Court's impugned order is clearly indefensible and is set aside. However, the detaining authority shall decide within a period of two months if it would be desirable to take back the respondent no.1 to custody. - Leave granted
Commissioner of Commercial Tax, Indore and Others v T.T.K. Health Care Limited 11/04/2007
M.P. Commercial Tax Act, 1994 - Classification - 'Fryums' - Meaning of the term 'cooked food' - According to the assessee 'fryums' fall under item No.2 of Part I of Schedule II which refers to 'cooked food' and in which case the rate of tax is 4%. On the other hand, according to the Department the item 'fryums' falls under Part VII of Schedule II to the M.P. Commercial Tax Act, 1994, under which the rate of tax is 8%.
M.M.S. Investments, Madurai and Others v V. Veerappan and Others 11/04/2007
Specific Relief Act, 1963 - Suit for specific performance of an agreement for sale - Questioning the plea of readiness and willingness is a concept relatable to an agreement. After conveyance the question of readiness and willingness is really not relevant -  In the present case the only issue that can be adjudicated is whether the appellants were bona fide purchasers for value without notice. The question whether the appellants were ready and willing is really of no consequence. -  This plea is clearly without substance because the purchasers had to prove that they are bona fide purchasers for value without notice -  Appeal is sans merit and is dismissed.
Mukesh Tikaji Bora v Union of India and Others 11/04/2007
Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, s. 3(1) - Habeas Corpus Petition - the appellant had filed the writ petition challenging the detention of his brother - Bherchand Tikaji Bora the 'detenu - it was not a case of unexplained delay in execution of the order of detention. Further the exoneration in the adjudication proceedings cannot be a ground to nullify the order of detention - Appeal dismissal
Commissioner of Income Tax, Kolkata v Mukundray K. Shah 10/04/2007
Income Tax Act, 1961, s. 132 - undisclosed income was detected by the A.O. as a result of a search and, therefore, the Department was right in invoking the provisions of Chapter XIV-B - the Department has established a sort of circular trading in this case. -  Important features of circular trading is to route the funds through conduits. In such cases the picture emerges only after seeing the cash flow statements -  In the present case, ML-20 made the A.O. to hold enquiries & in that enquiry the cash flow statement emerged - Department was right in invoking the provisions of Chapter XIV-B in the present case - Whether payments made by M. K. Shah Exports Pvt. Ltd. during the Accounting Year ending 31.3.2000 - Amounting to Rs.5.99 crores was made to the two firms in question for the benefit of respondent-assessee
- Leave granted.
Secretary, Technical Education, Uttar Pradesh and Others v Lalit Mohan Upadhyay & Another 09/04/2007
Service - High Court set aside the order of acceptance of the letter of resignation of respondent and appellants were directed to reinstate
him in service to the post of Lecturer in Mathematics
Lok Sewa Shikshan Mandal v A.R. Mundhada Charitable Trust & Others 09/04/2007
Land Acquisition Act, 1894 - High Court held that land acquisition proceedings in respect of acquisition of land bearing Survey No. 187/3A
admeasuring 30 acres of Malkapur Town, District Buldhana had lapsed - Appeal Dismissed
Madhya Pradesh Administration v Tribhuban 05/04/2007
Industrial Disputes Act, 1947 - s. 25F, s. 2(j),, s. 2(oo)(bb), s. 2(s), s. 11A; Constitution Of India, 1950 - art. 14, art. 16, art. 12; U.P. Industrial Disputes Act - s. 6-N - Appeal allowed
Commissioner of Income Tax and Another v Messrs Distillers Company Limited 05/04/2007
Karnataka Excise Act, 1965; Income Tax Act, 1961 - s. 43B, s. 260A; Constitution Of India, 1950 - art. 301, art. 304, art. 265; Karnataka Excise (Manufacturing & Bottling of Arrack) Rules, 1987- r. 14(3) -
Tribunal - High Court have not committed any error in passing the impugned judgment.- Leave granted.
Messrs M.S. Shoes East Limited v Commissioner of Customs, ICD, New Delhi 04/04/2007
Customs Act, 1962, s. 14 - Whether depreciation should be allowed on the car for the purpose of valuation for the post import period? - Held, valuation has to be done at the time of importation of the goods, which is the date of presentation of the bill of entry by the importer -
no reason to interfere with the impugned judgment and order of the Tribunal.
Ram Charittar and Another v State of Uttar Pradesh 04/04/2007
Indian Penal Code, ss. 302 r/w 34 - Appeal against conviction and sentence - Held, evidence of the four witnesses is consistent - There is strong circumstantial evidence against the appellants -
High Court has given these accused the benefit of doubt. -  no reason to disagree with the view taken by the High Court
M/s Binani Industries Limited, Kerala v Assistant Commissioner of Commercial Taxes, Vi Circle, Bangalore & Others 04/04/2007
Karnataka Sales Tax Act, 1957 - Appellant doing business of leasing machinery, equipment and motor vehicles - High Court held that the Circular dated 23.10.1999 (Circular No.31/1999-2000) is valid and Circular No.5/1996-97 dated 12.4.1996 was inoperative
- Leave granted in special leave petitions
ACE Pipeline Contracts Private Limited v Bharat Petroleum Corporation Limited 04/04/2007
Arbitration and Conciliation Act, 1996, s. 11(5) - Single Judge dismissed the application for appointment of Arbitrator - Appeal against - Held, once a party has entered into an agreement with eyes wide open it cannot wriggle out of the situation
- no reason to interfere with the order passed by the learned Single Judge of the High Court of Delhi - Leave granted
Raj Kumar Soni and Another v State of Uttar Pradesh and Another 03/04/2007
Irregular allotment - Show-cause as to why the grant of the land made in appellant's favour by the Sub-Divisional Officer, Kotdwar should not be rescinded - Order of transfer made in favour of the appellants by the Sub- Divisional Officer has been quashed - Held,
any interference with the impugned order of the District Collector would result in restoration of orders passed earlier in favour of the appellants which are otherwise not in accordance with law.- Leave granted
Mano v State of Tamil Nadu 02/04/2007
Indian Penal Code, 1860, ss. 302 r/w 34 - Appeal against conviction and sentence - Held, in regard to the interestedness of the witnesses for furthering the prosecution version, relationship is not a factor to affect the credibility of a witness -
if the recovery of the weapons as claimed was after a long period and those were not sent for forensic examination that does not in any way dilute the evidentiary value of the prosecution version.- Leave granted
 Messrs Ojas Industries Private Limited v Messrs Oudh Sugar Mills Limited and Others 02/04/2007
Industries (Development and Regulation) Act, 1951 - Interpretation of Press Note No.12 dated 31.8.1998 issued by Government of India, Ministry of Industry, concerning de-licensing of Sugar Industry - Question On Sugarcane (Control) (Amendment) Order, 2006
- Leave granted in petitions for special leave.

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