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lawyersSupreme Court Judgments  - January 2007

Sellappan v State of Tamil Nadu 31/01/2007
Indian Penal Code, 1860, s. 302 - Appeal against conviction and sentence of life imprisonment - Held, it becomes clear that the appellant is responsible for causing the death of the deceased. However, the application of Section 304 Part II IPC would be applicable and not Section 302 IPC. - Leave granted

Mahavir v Lakhmi and Another 22/01/2007
Code of Civil Procedure, 1908, s. 100 - Second Appeal allowed by High Court - Appeal against - the memorandum of appeal shall precisely state substantial question or questions of law involved in the appeal as required under sub-section (3) of Section 100.
Shiv Dass v Union of India and Others 18/01/2007
Service - Appellant calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the Writ Petition filed by the appellant on the ground that it was highly belated. It was noted that appellant was out of service in the year 1983 and the writ petition was filed in 2005 - Leave granted
New India Assurance Company Limited v Kalpana and Others 17/01/2007
Motor Vehicles Act, 1988, s. 173 - Matter of fixing the appropriate multiplier and computation of compensation - claimants had questioned the judgment passed by the Motor Accident Claims Tribunal/Addl. District Judge, Haldwani  - Leave granted
State of Haryana and Another v Saroj Bala and Others 17/01/2007
Service - Regularization - High Court directed that respondent's services shall be regularized w.e.f. October 1, 2003 with all consequential benefits - Appeal against - Held, issue of regularization of service has been recently examined by a Constitution Bench.
Milkmen Colony Vikas Samiti and others v State of Rajasthan & Others 17/01/2007
High Court directed that the milk dairies located in the city of Jodhpur be shifted from their present location to alternative sites - Appeal against - Held, High Court rightly opined that it is the dire need of the city of Jodhpur to relocate the milk dairies
Director, Haryana State Lotteries Department v Suresh 17/01/2007
Constitution of India - Article 136 - Writ petition filed by the petitioner herein has been admitted by High Court of Punjab and Haryana - Grievance that no order on the stay application filed by petitioner has been passed by the High Court - Held, no material has been filed along with the special leave petition.
Saroj Kumar Poddar v State (NCT of Delhi) and Another 16/01/2007
Negotiable Instruments Act, 1881, s. 138 - Appellant was a Director of a public limited company - Company issued three Cheques which were dishonoured - Complaint against appellant - Plea that appellant having resigned from the Directorship of the said Company, the complaint...
Virendra Kumar v State of Uttar Pradesh 16/01/2007
Indian Penal Code, 1860, s. 302; Indian Evidence Act, 1872, s. 113A -  Leave granted - Division Bench set aside appellant's conviction for offence punishable under s. 302 and instead convicted him for offence punishable under s. 306 - Appeal against - Whether in the absence of the specific...
Bishnu Prasad Sinha and Another v State of Assam 16/01/2007
Indian Penal Code, 1860, ss. 376(2)(g), 302, 201 r/w 34 - Appellants were convicted and sentenced to death by Sessions Judge and confirmed by High Court - Appeal against - Held, entire prosecution case is based on circumstantial evidences - A confession which is not retracted.
State of Maharashtra and Others v Sanjay K. Nimje 16/01/2007
Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - Service - Tribe Claim - Caste Certificate Scrutiny.
Ajay Bansal v Anup Mehta and Others 16/01/2007
Code Of Civil Procedure, 1908 - Suit for recovery of a sum of Rs. 2, 93, 987/- with interest on account of dishonoured cheques - Refused to grant leave to defend - Decreed - Application under art. 227 allowed - Appeal against
Jameel v State of Maharashtra 16/01/2007
Indian Penal Code, 1860, ss. 363, 376 r/w 511, 377; Juvenile Justice (Care and Protection of Children) Act, 2000 - Appeal against conviction and sentence - Held, deposition of the prosecutrix, clearly shows that she was absolutely an innocent girl
Noida Entrepreneurs Association v Noida and Others 15/01/2007
Irregularities in allotments and conversions of land in New Okhla Industrial Development Authority - Decision of Uttar Pradesh Government not to take disciplinary action respondent - Writ petition
S. Nazeer Ahmed v State Bank of Mysore and Others 12/01/2007
Code of Civil Procedure, O. 2 r. 2 - Appellant, borrowed a sum of Rs.1, 10, 000/- from the plaintiff Bank for the purchase of a bus - Leave granted

Commercial Taxation Officer, Udaipur Vs. M/s Rajasthan Taxchem Ltd.  12/01/2007
Rajasthan Sales Tax Act, 1994, s. 10(1) - Raises a very interesting question of law of general public importance, as to the parameters for the test for the determination of raw materials -  whether the use of articles or commodities not generally used in the manufacturing process can still be categorized as raw materials for the purpose of concession in the levy of taxes - - Leave granted

Union Bank of India v Venkatesh Gopal Mahishi and Another 12/01/2007
Union Bank of India (Employees') Pension Regulations, 1995 - Service - Pension - Writ Petition No.567 of 2002 filed by the respondent No.1. stands dismissed

Mukund Swarup Mishra v Union of India and Others 12/01/2007
Whether the selection of the allottees by DSBs in this category of alleged tainted allotments was a result of political or other extraneous consideration or the selection was on merits alone

I.R. Coelho (Dead) By Lrs v State of Tamil Nadu and Others 11/01/2007
Constitution of India, 1950, art. 31-B - whether on and after 24th April, 1973 when basic structures doctrine was propounded -  The contention urged before the Constitution Bench was that the statutes, inclusive of the portions thereof which had been struck down, could not have been validly inserted in the Ninth Schedule.

Raja Ram Pal v Hon'ble Speaker, Lok Sabha and Others 10/01/2007
Constitution of India, art. 105 - Interpretation of - The question is whether in exercise of the powers, privileges and immunities as contained  in Article 105, are the Houses of Parliament competent to expel their respective Members from membership of the House. If such a power exists, is it subject to judicial review and if so, the scope of such judicial review.

Mahendra and Others v State of Uttaranchal and Another 09/01/2007
High Court dismissed Criminal Miscellaneous Applications holding that two petitions were filed in respect of the same impugned order - The appeal is disposed of

Yamuna Shankar Sharma v State of Rajasthan and Others 09/01/2007
Service - Regularization - Whether the University's view regarding the alleged over payment is correct? - Held, notice for recovery cannot be maintained. To that extent the appellant is entitled to the benefit.

Sheo Prasad Bhor @ Sri Prasad v State of Assam 08/01/2007
Indian Penal Code, ss. 147, 302, 201 r/w 201 - Trial Court sentenced the accused persons under s. 304 Part II - These appeals are directed against the Judgment and Order dated 2.4.2005 passed by learned Single Judge of the Guwahati High Court whereby learned Single Judge has dismissed the appeals of the accused persons and confirmed the conviction & sentence of the accused persons. - Leave granted

Deewan Singh and Others v Rajendra Pd. Ardevi and Others 04/01/2007
Rajasthan Public Trust Act, 1959; Rajasthan Public Trusts Rules, 1962 - Management of a temple - Questioning the validity of some of the provisions of the Act including Sections 52(1)(d) and 53 thereof, some members belonging to Swetambers Jain sect filed a writ petition before the Rajasthan High Court which was marked as writ petition No. 501 of 1962.
State of Maharashtra and Others v Public Concern For Governance Trust and Others    04/01/2007
Maharashtra Regional and Town Planning Act, 1966 - Allotment of lands - High Court made observations against the then Chief Minister - Civil appeal is allowed only to - para Nos. 38,139, 140 and 141 of the impugned judgment - Leave granted
Raj Kumar Prasad Tamarkar v State of Bihar and Another    04/01/2007
Indian Penal Code, s. 302 - Trial Court convicted the accused - High Court recorded acquittal - Appeal against - Held, The respondent is sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code.

Yogesh Mehta v Custodian Appointed Under The Special Court and Others 04/01/2007
Special Court - Application of terms and conditions of sale of properties in terms of the provisions of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (for short, 'the Act') is in question in these appeals which arise out of the judgments and orders dated 22.06.2006, 31.07.2006 and 23.06.2006 passed by the Special Court.

Commissioner of Income Tax, Bhopal v Ralson Industries Limited  (Case No.: Appeal (civil) 10 of 2007) 04/01/2007
Income Tax Act - Leave granted - Interpretation of the provisions of Section 154 vis-`-vis 263 of the Income Tax Act calls for consideration in this Appeal which arises out of a Judgment and Order dated 15th December, 2003 passed by the H C of Madhya Pradesh at Jabalpur.

Gulzar v State of Madhya Pradesh   04/01/2007
Indian Penal Code, 1860, s. 379; Probation of Offenders Act, 1958, ss. 3, 4; Code of Criminal Procedure, 1973, s. 360 - Rigorous imprisonment for three years for stealing an attache containing about Rs.55, 000/- - Appeal against conviction and sentence - Leave granted

Kamla Devi v Khushal Kanwar and Another    15/12/2006
Code of Civil Procedure, 1908 - Application of s. 100-A - Whether Special Appeal filed by Respondent No.1 before a Division Bench of the...

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