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lawyersSupreme Court Judgments  - December 2007

Sanjay Kumar Kedia v Narcotics Control Bureau & another 3/12/2007
NDPS Act, 1985 - sections 37 and 67 - notice under - appellant a highly qualified individual set 2 Companies - filed application for bail the High Court which was dismissed on the ground that a prima facie case under section 24 and 29 made out - Special Leave granted
Naresh Govind Vaze v Govt. of Maharashtra & others 4/12/2007
Services - termination of judicial officer -  on the basis of report of enquiry officer appointed to enquire into the charges levelled - the disciplinary committee of the High Court opined that a departmental proceeding should be initiated against him. Statement of imputations, the charge sheet, list of witnesses and list of documents as approved by the disciplinary committee were served upon him
- Leave granted
Udyami Evam Khadi Gramodyog Welfare Sanstha and another v State of U.P. and others 5/12/2007
Jurisdiction - extent of Superior Courts' jurisdiction to dismiss a writ petition for alleged suppression of material fact is involved in this appeal - a writ remedy is an equitable one. A person approaching a superior court must come with a pair of clean hands. It not only should not suppress any material fact, but also should not take recourse to the legal proceedings over and over again which amounts to abuse of the process of law. - Leave granted
Shipping Corporation of India Ltd v M/s. Bharat Earth Movers Ltd. & another  5/12/2007
Indian Carriage of Goods by Sea Act, 1925 vis--vis the Japanese Carriage of Goods by Sea Act, 1992 - application of - appellant is an owner of a fleet of vessels. A consignment of six sets of Sub Assemblies for PC 650 H.E. was entrusted by the respondent No. 1 for carriage thereof from Kobe, Japan to Madras. It contained 16 packages. - Leave granted
Election Commission of India v St. Mary's School and others 6/12/2007
Right - constitutional right - conflict - how to be balanced - respondent No.1 is an unaided school. It is governed by the provisions of the Delhi School Education Act, 1973 and the rules framed thereunder. - Leave granted
U.P. State Agro Industrial Corporation Ltd v Kisan Upbhokta Parishad & others 7/12/2007
Mimansa Rules of Interpretation - whether the ADV carts are agricultural implements. If, they are then in order to get subsidy, purchases had to be made only from the Corporation and not from other parties - whether ADV carts are also agricultural implements.
M/s Nopany Investments (P) Ltd v Santokh Singh (HUF) 10/12/2007
Delhi Rent Control Act, 1958 - whether Jasraj Singh could file the suit for eviction, in the capacity of the Karta of Dr. Santokh Singh HUF, when, admittedly, an elder member of the aforesaid HUF was alive - Leave granted
National Insurance Co. Ltd.v Deepa Devi & others 11/12/2007
Motor Vehicles Act, 1988 - compensation - to the victim of the accident in the event the car is requisitioned for the election duty by the State - the State shall be liable to pay the amount of compensation to the claimants and not the registered owner of the vehicle and consequently the appellant herein. - Leave granted
M/s. Kerala State Electricity Board v Commr. of Central Excise, Thiruvananthapuram 12/12/2007
Finance Act, 1994 - liability to pay interest on the amount of tax due - whether the appellant Kerala State Electricity Board, the service recipient, within the meaning of provisions of Finance Act, 1994, levying service tax, is liable to pay any interest on the amount of tax due to the respondent. - Leave granted
Union of India & another v Narendra Singh 13/12/2007
Fundamental Rules, 1922 -  Rule 31-A - notice issued to the respondent as he was wrongly promoted as senior Accountant (Functional) and his promotion should not be cancelled - the Deputy Accountant General was right in keeping in view relevant considerations, such as, the power should be exercised with respect to any class or category of persons , normally there should not be any relaxation in Recruitment Rules - Leave granted
Ranju @ Gautam Ghosh v  Rekha Ghosh & others 14/12/2007
West Bengal Premises Tenancy Act - section 13(1) - notice to quit - validity - to determine whether there was valid notice to quit - the appellant is granted two months time to deliver vacant possession of the suit premises to the respondents - no merit in the appeal.

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