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Supreme
Court Judgments - August 2007 |
State of
Punjab v Nirmal Singh 1/08/2007
Punjab Civil Services (Punishment & Appeal) Rules
1970 - Rule 21 - Review Appeal - rejection - violation of the
principles of natural justice - Leave granted. |
Mehiboobsab
Abbasabi Nadaf v State of Karnataka 1/08/2007
Indian Penal Code 1860 - 302 read with
section 34 - conviction of the appellant along with parents by the Trial
court - High Court acquittal parents - law while upholding the
conviction of the appellant |
Mohammad
Shafa-at-Khan and others v The National Capital Territory of Delhi and
others 2/08/2007
Company matter - Fixed deposit schemes -
money not returned at the time of maturity - FDR lodged properly of the
respondent - to he disposed of - to pay the creditors - concerned court
directed to work out details and modalities. - Leave granted. |
Shaik
Mastan Vali v State of Andhra Pradesh 3/08/2007
Indian Penal Code, 1860 - section 302 -
Conviction under - sentence of life imprisonment - challenge in this
appeal is to the judgment of a DB of Madras High Court - Leave granted. |
Trutuf
Safety Glass Industries v Commissioner of Sales Tax, U.P. 6/08/2007
U.P. Sales Tax Act 1948 - revision under -
alloued by single Judge of the Allahabad High Court - the High Court was
not justified in interfering with the order of the Tribunal order of the
High Court set aside and that of the tribunal restored - Leave granted. |
Himadri
Chemicals Industries Ltd.V Coal Tar Refining Company 7/08/2007
Arbitration and conciliation Act, 1996 -
section 9 - application under - this appeal is directed against the
judgment and order dated 21st June, 2007 passed by a Division Bench of
the Calcutta High Court whereby an appeal preferred against an order
dated 5th June, 2007 of a learned Single Judge of the same High Court
was dismissed and the order of the learned Single Judge was affirmed.- Leave granted. |
Sonia v
Oriental Insurance Co. Ltd. and others 7/08/2007
Service Matter schedule case candidate -
The appellant who is a Scheduled Caste by birth has been working as
Assistant [T] in the Oriental Insurance Company on and from 2nd January,
1997. Applications were invited from eligible and desirous employees
for appointment to the post of Assistant Administrative Officer in terms
of the promotional policy of the respondents - Leave granted. |
State of U.P. and
Others v P.N.C. Construction Co. Ltd. and Others
8/08/2007
U.P. Trade Tax Act, 1948 - section 4-B - Assessee applied for grant of
recognition certificate under Section 4-B of the U.P. Trade Tax Act,
1948 for purchase of raw-materials for
manufacture of Hot Mix. The Trade Tax Officer rejected the request of
the assessee. Aggrieved by the said decision, an appeal was preferred
before Dy. Commissioner (Appeals) which was also dismissed
- Leave granted in Special leave petitions. |
State of U.P v Govind Das @
Gudda and another 10/08/2007
Indian Penal Code, 1860 - section 302 - conviction under - appeal
impugned Judgment of the High Court set aside and matter refilled to the
High Court to consider it afresh.- Leave granted |
Asian Thermal Insulation (I) P.
Ltd v Bridge & Roof Co. (I) Ltd 13/08/2007
Arbitration clause - Arbitration & Conciliation Act 1966 - Section 11(6)
- nature of the power exercised by Chief Justice of the High Court &
Chief Justice of India under the Arbitration Act - Power is a judicial
power & not administrative - Chief Justice to nominate presiding officer
of Arbitration.
- Leave granted |
State of Gujarat v Narendra K.
Amin 13/08/2007
Writ Petition - Habeas Corpus - SLP -- against order of granting bail to
the accused - respondent's position to influence, induce or coerce must
be taken into consideration seriously before granting anticipatory bail
- Appeal allowed - Order granting anticipatory bail set aside - Directed
the trial court to deal with regular bail appeal under section 439
Cr.P.C. 1973.
- Leave granted |
District Red Cross Society v
Babita Arora and others 14/08/2007
Industrial Dispute Act - S.25F to S.25H - Petitioner claimed violation
of procedure laid down - petitioner given service in another department
on closing of Red Cross Maternity Hospital in which she was in service -
Legislature amended Industrial Dispute Act in 1982 - added the word
closure -- meaning of - section 2 (cc) - position in law well settled
- Leave granted |
Rozan Mian v Tahera Begum and
other 14/08/2007
Specific Performance of agreement for sale - the Calcutta Tikha
Tenancy (Acquisition & Regulation) Act, 1981 - Section 5, Section 6(3),
Section 7(2), Section 4 - whether specific performance of the agreement
for sale becomes impossible by promulgation of the Calcutta Tikha
Tenancy Act, 1981 - Section 56, Indian Contract Act, 1872- Doctrine of
Frustration of contract |
State of Maharashtra & Others v Vashishtha
Rambhau Andhale 17/08/2007
Bail - granting of - to the respondent Inspector of Police -
Challenged by State of Maharashtra - respondent submitted that the
respondent was not holding such a responsible post as to be able to
assist Telgi and his associates in the manner suggested by the
prosecution and that the High Court has not erred in granting bail
to him - not necessary, at this stage, to interfere with that order
and set aside the bail granted to the respondent.- Leave granted |
Charu Kishor Mehta v Lilavati Kirtilal Mehta M.
Trust & Others 20/08/2007
Hospital
administrator
- appointment - While granting leave on 26.3.2007, Supreme Court made an
interim order appointing Dr. Narendra Trivedi,
Vice-President of the Lilavati Hospital and Dr. K. Ramamurthy, Senior
Consultant in that hospital, as Joint Administrators to be in charge of
the day to day running of the Hospital and the Research Institute - Dr.
K. Ramamurthy expressed inability - modification of the order requested |
Santosh Ajit Sachdeva & others v Anoopi Shahani
21/08/2007
Bombay
Rents, Hotel and Lodging Houses Rates Control Act, 1947
- order of the appellate court - upheld by the learned Single Judge -
appeal against |
You one Maharia - JV Thr. You One Eng. &
Construction Co. Ltd & Anr v National Highways Authority of India
21/08/2007
Arbitration and Conciliation Act, 1996
- section 11(6) and 11(12) - petition under - for appointment of
Third/Presiding Arbitrator in accordance with the Agreement/Contract
Package No. NS-23/AP dated May 31, 2001 entered into between the
petitioners and the respondent. |
Union of India & Another v S.S. Ahluwalia
24/08/2007
Letters Patent Appeal
- filed by the Appellants dismissed by DB of
Delhi High Court - appeal by special leave preferred against the
judgment of DB - The disciplinary proceedings had finally
concluded against the respondent with imposition of small punishment. In
these circumstances there was absolutely no ground for
directing reinstatement of the respondent in service with continuity in
service and all consequential benefits |
State of Maharashtra V Dattatraya Digamber
Birajdar 27/08/2007
Award of the Labour Court
- challenged - the Labour Court has come
to a conclusion that respondent had worked for more than 240 days -
ample material and evidence were placed before the Labour Court to
justify the stand that with effect from 3.4.1986 respondent was not in
the employment of the appellant. |
Mahesh Gupta & Others v Yashwant Kumar Ahirwar &
Others 30/08/2007
Recruitment of handicapped persons to some posts
— Interpretation of an advertisement in the light of a circular of the
State of Madhya Pradesh as regards recruitment — when the decision was
taken, the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 (for short "the 1995 Act") had
come into force.- Leave granted |
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