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Supreme Court Judgments 2007
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lawyersSupreme 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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ISBN No: 978-93-82417-01-9