|
 Supreme
Court Judgments - April 2007 |
Maharshi Dayanand University & Anr v Anand
Co-Operative Society Limited & Anr
25/04/2007
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 24/04/2007
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
23/04/2007
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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