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Supreme Court Judgments 2007
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lawyersSupreme Court Judgments  - February 2007

State of Arunachal Pradesh v Messrs Damani Construction 28/02/2007
Arbitration and Conciliation Act, 1996 - Respondent entered into a contract agreement with the State of Arunachal Pradesh in Public Works - Leave granted in both the Special Leave Petitions.
State of Himachal Pradesh and Others v Gehar Singh 27/02/2007
Regularisation of daily wage workers - employed on daily wage basis in the Irrigation and public Health wings of the Himachal Pradesh Public works Department  - Classified as class III and class IV employees who are being paid minimum wages prescribed by the Govt. -  working for more than ten years
- Leave granted.
Kiran Singh v Union of India and Others 27/02/2007
Service - Post of Extra Departmental Branch Post Master - Process of selection - Appellant got selection - Respondent No.5 has been allowed and appointment of the appellant has been set aside
 - Special leave granted.
Food Corporation of India and Another v Ram Kesh Yadav and Another 27/02/2007
Service - FCI, introduced a scheme for granting compassionate appointment to dependants of departmental workers, who died while in service or who were retired by FCI on medical grounds - Respondent seeking compassionate appointment for his son - Appeal Dismissed
State of Rajasthan v Netrapal and Others 27/02/2007
Indian Penal Code, ss. 395 r/w 397, 396; Arms Act, s. 3 r/w 25 - On appeal, the High Court acquitted all the accused of the charges giving them benefit of doubt in the matter of identification of the accused persons; of recovery of articles at their instance and of identity of articles & ornaments - Appeal Dismissed
Share Medical Care v Union of India and Others 23/02/2007
Customs - Appellant society a Charitable hospital imported certain medical equipment for use in hospital
- Leave granted.
Ashok Kumar Sonkar v Union of India and Others 23/02/2007
Banaras Hindu University Act, 1915 - Service - It is not a case where appointment was irregular. If an appointment is irregular, the same can be regularized. The court may not take serious note of an irregularity within the meaning of the provisions of the Act. But if an appointment is illegal, it is non est in the eye of law, which renders the appointment to be a nullity
Harjit Singh and Another v State of Punjab and Another 23/02/2007
Punjab Police Rules - Service - Misconduct - Order of dismissal from service - punishment of compulsory Retirement will meet the ends of justice. If otherwise eligible, the delinquents would be entitled to retrial benefits. -
Leave granted.
Madhya Pradesh Rajya Sahakari Bank Maryadit v State of Madhya Pradesh & Others    22/02/2007
Madhya Pradesh Co-operative Societies Act, 1960, s. 55(1); Madhya Pradesh Rajya Sahakari Bank Employees (Terms of Employment and working conditions was amended - Appeal Dismissed
Messrs Sahara India and Others v M.C. Aggarwal Huf  21/02/2007
Suit for possession, recovery of damages and mesne profit and rent @ Rs.70,664/- p.m - Non-appearance of defendants - Suit decreed
- Leave granted.
Mayadevi v Jagdish Prasad  21/02/2007
Hindu Marriage Act, 1955, s. 28 - Respondent filed an application for divorce on the ground of cruelty - The instances of cruelty highlighted by the trial Court and the High Court clearly prove that the husband was subjected to mental and physical cruelty. -
Leave granted.
Julieta Antonieta Tarcato v Suleiman Ismail  20/02/2007
Special Leave Petition - Eviction petition on basis of bonafide personal need - Allowed the Eviction Petition and directing the
respondent to deliver/ vacant possession of the suit premises to the appellant
Vipin Kumar Gadhok Petitioner v Ravinder Nath Khanna & Ors. Respondents 19/02/2007
Arbitration and Conciliation Act, 1996 - Section 11 - appeal against the order passed by Delhi High Court in Arbitration Application and the order rejecting the application for review  - The High Court has rightly allowed the application for appointment of sole Arbitrator
- Leave granted.
Ram Singh v Sonia and Others 15/02/2007 Sonia first woman to be hanged in independent India
Indian Penal Code, ss. 302 r/w 34, 120-B; Criminal Procedure Code, s. 164 - conviction under -- sentenced to death -- High Court commuted the sentence to life imprisonment - appeal - there would be failure of justice in case death sentence is not awarded in the present case as the same undoubtedly falls within the category of rarest of rare cases and the High Court was not justified in commuting death sentence into life imprisonment -- order passed by the High Court commuting death sentence into life imprisonment is set aside and order of the trial court awarding death sentence is restored.
Alok Shanker Pandey v Union of India and Others 15/02/2007
Monopolies and Restrictive Trade Practices Act, 1969 - Indira Puram Housing Scheme - order passed under appeal -- it is a clear case of deficiency of services on the part of the respondent. As a result of such unfair trade practices, the applicant has not only been deprived of return on his investment made with the respondent authority but also the possession of the flat promised to him -- the Commission directed the respondent to pay 12% per annum interest on the installments from the dates of the payment till the date of refund. This appeal has been filed claiming interest at a higher rate.
Union of India and Another v Kaushalaya Devi 15/02/2007
Freedom Fighters' Pension - whether the Freedom Fighters' Pension should be granted to the respondent from the date of the application or the date of the order granting the pension.
- Leave granted.
Harbans Singh v State (Govt. of N.C.T. of Delhi) 15/02/2007
Prevention of Terrorism Act, 2002, ss. 3, 20, 22 - Appeal against conviction and sentence - conviction order - that if he did, the confession could be used against them. In our opinion Sections 32 and 52 of POTA were complied with in the present case - the High Court has considered all submissions of the accused in great detail in its well considered judgment and we see no reason to interfere with the same.
- Leave granted
State of Maharashtra and Others v Lalit Somdatta Nagpal and Another 13/02/2007
Maharashtra Control of Organized Crime Act, 1999 in respect of offences alleged to have been committed under Sections 3 and 7 of the Essential Commodities Act, 1955 - wrongly proceeded against under the provisions of the MCOCA 1999 - allow the special leave petition - set aside the order passed by the Bombay High Court.
Union of India and Another v S.K. Goel and Others 12/02/2007
Service - Seniority - , observations of the High Court are wholly unjustified inasmuch as the post of Commissioner of Customs and. - Civil Appeal stands allowed and the judgment of the High Court is set aside -
Leave granted.
N. Suriyakala v A. Mohandoss and Others 12/02/2007
Indian Penal Code, Sec. 498A, 406; Dowry Prohibition Act, 1961, sec. 4 - Criminal case filed under Sec. 498 A against her husband and entire family -- this is not fit case to be entertained in exercise of our discretion under Article 136. The appellant has also filed a maintenance petition against her husband. What can she possibly get by prosecuting him as well as his family members - not inclined to interfere with the impugned Judgment of the High Court quashing the criminal case filed by the appellant. -
Leave granted.
Commissioner of Customs, New Customs House, Mumbai v M/s Vishal Exports Overseas Ltd 12/02/2007
Customs Act, 1962, s. 114 - The Assistant Commissioner of Customs proceeded against the assessee by alleging that the assessee had mis-declared the FOB value - held that the goods were liable to be confiscated and the penalty under Section 114 of the Customs Act was also ordered.
Sharadamma v Special Land Acquisition Officer and Another 09/02/2007
Land Acquisition Act, 1894 - Appellant's land sought to be acquired for expansion of New Government Electric Factory, Bangalore - After a preliminary notification under s. 4, claimant demanded an amount of Rs.20.00 per square yard for the land
Dattatray Krishnaji Ghule and Others v State of Maharashtra and Another 09/02/2007
Maharashtra Control of Organized Crime Act, 1999, ss. 3(1)(ii), 3(2), 3(3), 3(4), 34; Indian Penal Code, 1860, ss. 192, 217, 218, 263(a)
- Leave granted
State of Uttar Pradesh and Others v M/s S.K. Theatre Productions and Others 09/02/2007
To promote film production in the State of U.P., the State Government constituted a Society named Film Bandhu in the year 2001 - Various incentives were also declared to be given to the films made in regional languages in U.P. such as Avadhi, Bhojpuri and Braj etc and were. - Leave granted.
Kamla Prasad and Others v Sri Krishna Kant Pathak and Others 09/02/2007
Averred in the suit that an agreement to sell between the plaintiff and some defendants executed in their favour and another sale deed, executed by the plaintiff in favour of some of the defendants were null and void.
State of Karnataka and Another v Karnataka State Patels Sangha and Another 08/02/2007
Karnataka Village Offices Abolition Act, 1961 - Claim for ad hoc pension or compassionate allowance - Shanbhogues were granted compassionate allowance or ad hoc pension at the rate of Rs.100/- per month with effect from 30.7.1979 and the same was raised to Rs.500/- per month
Sayarabano @ Sultanabegum v State of Maharashtra 08/02/2007
Indian Penal Code, 1860 s. 302 - Appeal against conviction and sentence - Held, criminal cases are decided on facts and on evidence rather.
Rajavel v Thirunavukkarasu and Others 07/02/2007
Suit for injunction - High Court in a second appeal set aside concurrent judgments of the courts below suit for injunction decreed - High Court had not framed the proper substantial questions of law while deciding the appeal
Lt.Col.V.K. Pandey v Union of India and Others 06/02/2007
Service - Order of punishment of reprimand - Division Bench of Allahabad High Court after considering the matter dismissed the writ petition and held that the Court cannot sit as a court of appeal to reassess the evidence and the findings of fact recorded by the Army authorities...
Union of India and Another v F.H. Dubash 06/02/2007
Service - promotion -- eligibility - the appellants call in question legality of the judgment rendered by a Division Bench of the Delhi High Court allowing the writ petition filed by the respondent and holding that the respondent was eligible for promotion to the rank of Rear Admiral - the order of the High Court is challenged on the ground that the High Court has completely lost sight of the requirements of Navy Order 4/99  - Leave granted.
Indu Bhushan v Munna Lal and Another 02/02/2007
Code of Civil Procedure, 1908, O. 41 r. 21 - Suit for specific performance of the contract - Application filed by the appellant for restoration of the appeal dismissed - Appeal against - Leave granted
M/s Gomzi Active v M/s Reebok India Company and Another 02/02/2007
Suit seeking permanent injunction against the respondents by restraining them from using their product logo/trade mark "I am what I am" and for payment of damages and for rendition of accounts. - Leave granted.
Commissioner of Customs (Port), Kolkata v Messrs J.K Corporation Limited 02/02/2007
Customs Act, 1962 - customs duty - payment - determination - whether customs duty would be payable on the purchase price of the goods by adding the value of licence and technical know how, etc. to the value of the imported goods.
Janardhanam Prasad v Ramdas 02/02/2007
Specific Relief Act - Suit for specific performance of contract - Appeal against decree of specific contract
Hardev Singh v Gurmail Singh (Dead) By Lrs 02/02/2007
Transfer Of Property Act, 1882 - Interpretation of s. 43 - Suit for declaration pending - Respondent purchased the property - Doctrine of lis pendens - High Court held that s. 43 would applicable
M/s Puravankara Projects Limited v M/s Hotel Venus International and Others 02/02/2007
Kerala Land Reforms Act, 1963, s. 81(3)(b) - challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court holding that the order of cancellation dated 13.4.2005 passed by respondent No.2 was illegal and that respondent No.1 was entitled to further time to furnish the bank guarantee after the order granting exemption in terms of Section 81(3)(b) of the Kerala Land Reforms Act, 1963.
Amey Co-Op.Housing Society Limited & Others v Public Concern For Governance Trust & Others 01/02/2007
Maharashtra Regional and Town Planning Act, 1966 - allotment and disposal in violation of the existing regulations in Navi Mumbai -- special leave petitions - the State Government is directed to cause a fresh valuation of all the plots in question as on the date on which the allotments were made, with notice to the petitioner and the respondent-co-operative societies.
State Bank of India and Others v Aspal Kaur 01/02/2007
Service - Appointment of dependents of deceased employees on compassionate grounds - case of the respondent considered and the Bank declined the application of the respondent in view of the financial position of the family. - Leave granted

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