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 Supreme
Court Judgments - January 2007 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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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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