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Maharshi Dayanand University & Anr v Anand
Co-Operative Society Limited & Anr
25/04/2007
Arbitrator - appointment -
Union of India v S.P.S. Rajkumar and Others
24/04/2007
Air Force Rules, 1969 - Financial large
Management of Coimbatore District Central
Co-Operative Bank v Secretary, Coimbatore District Central Co-Operative
Bank Employees Association & Another
23/04/2007
Industrial Disputes Act, 1947 - strike
notice -
Union of India and Others v Keshar Singh
20/04/2007
Army Pension Regulations, rr. 173, 423 -
Mohit Bhargava v Bharat Bhushan Bhargava and
Others 20/04/2007
Code Of Civil Procedure, 1908, ss. 39, 42,
o.9, r.3
Authorised Officer and Deputy Conservator of
Forests and Another v Asgarli Khan
19/04/2007
Appeal against confiscation order of Deputy Conservator of Forests
allowed by Session Judge
J. Yashoda v K. Shobha Rani
19/04/2007
Indian Evidence Act, ss. 63, 64, 65 -
Pradeep Singh v Union of India and Others
19/04/2007
Army Act, 1950, ss.39A, 80, 116 - Absence
for two months - charged under - tried and punished by a Summary
Court Martial vide order dated 16.8.1989. The order of dismissal passed
by the Court Martial was challenged in the writ petition
V.R. Sudhakara Rao and Others v T.V. Kameswari
18/04/2007
Specific Performance relief - discretionary
- The High Court has rightly concluded that there is no clear proof
relating to the other terms of condition.
Union of India and Others v A.N. Mohanan
18/04/2007
Service Promotion - penalty of censure
Director, Food and Supplies, Punjab and Another v
Gurmit Singh
17/04/2007
Industrial Disputes Act, 1947 , s.10(1)(c)
- Whether termination of services of -Workman is justified and in order.
Bihar Public Service Commission and Others v
Kamini and Others 16/04/2007
Eligibility - requisite qualifications for
appointment to the post of District Fisheries officer cum Chief
Execution officer
Suraj Bhan and Others v Financial Commissioner and
Others 16/04/2007
Delhi Land Revenue Act, 1954; Constitution
of India, 1950 -
Supreme Court Bar Association v Union of India and
Others 13/04/2007
Legal Services Authorities Act, 1987, s.
6(2) -
Rama Paswan and Others v State of Jharkhand
13/04/2007
Indian Penal Code, 1860; Evidence Act, 1872
Union of India v Yumnam Anand M. @ Bocha @ Kora @
Suraj and Another 12/04/2007
National Security Act, 1980, s. 3(3) -
Habeas corpus Petition
Commissioner of Commercial Tax, Indore and Others
v T.T.K. Health Care Limited 11/04/2007
M.P. Commercial Tax Act, 1994 -
Classification -
M.M.S. Investments, Madurai and Others v V.
Veerappan and Others 11/04/2007
Specific Relief Act, 1963 - Suit for
specific performance of an agreement for sale -
Mukesh Tikaji Bora v Union of India and Others
11/04/2007
Conservation of Foreign Exchange & Prevention of
Smuggling Activities Act, 1974, s. 3(1) -
Commissioner of Income Tax, Kolkata v Mukundray K.
Shah 10/04/2007
Income Tax Act, 1961, s. 132 -
Secretary, Technical Education, Uttar Pradesh and
Others v Lalit Mohan Upadhyay & Another 09/04/2007
Service - High Court set aside the order of
acceptance of the letter of resignation of respondent and appellants
were directed to reinstate
him in service to the post of Lecturer in Mathematics
Lok Sewa Shikshan Mandal v A.R. Mundhada
Charitable Trust & Others 09/04/2007
Land Acquisition Act, 1894 -
Madhya Pradesh Administration v Tribhuban
05/04/2007
Industrial Disputes Act, 1947 - s. 25F, s.
2(j),, s. 2(oo)(bb), s. 2(s), s. 11A; Constitution Of India, 1950 - art.
14, art. 16, art. 12; U.P. Industrial Disputes Act - s. 6-N
- Appeal allowed
Commissioner of Income Tax and Another v Messrs
Distillers Company Limited 05/04/2007
Karnataka Excise Act, 1965; Income Tax Act,
1961 -
Messrs M.S. Shoes East Limited v Commissioner of
Customs, ICD, New Delhi 04/04/2007
Customs Act, 1962, s. 14 -
Ram Charittar and Another v State of Uttar Pradesh
04/04/2007
Indian Penal Code, ss. 302 r/w 34 -
M/s Binani Industries Limited, Kerala v Assistant
Commissioner of Commercial Taxes, Vi Circle, Bangalore & Others
04/04/2007
Karnataka Sales Tax Act, 1957 -
ACE Pipeline Contracts Private Limited v Bharat
Petroleum Corporation Limited 04/04/2007
Arbitration and Conciliation Act, 1996, s.
11(5) -
Raj Kumar Soni and Another v State of Uttar
Pradesh and Another 03/04/2007
Irregular allotment - Show-cause as to why
the grant of the land made in appellant's favour by the Sub-Divisional
Officer, Kotdwar should not be rescinded -
Mano v State of Tamil Nadu
02/04/2007
Indian Penal Code, 1860, ss. 302 r/w 34
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.
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
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...
Ram Krishan Mahajan and Others v Union Territory
of Chandigarh and Others 03/07/2007
Land Acquisition Act - Challenge to
acquisition proceedings by issuance of Notifications by
the Chandigarh Administration under s. 4 dismissed -
Appeals against - whether the acquisition is for a
"building scheme" as contemplated under Section 192 of
the Act of 1911, or whether it is only a development plan
- within the contemplation of Section 52(2)(c) of the Act
of 1911.
State of Kerala and Others v K. Prasad and Another
09/07/2007
Kerala Education Rules, 1959 - Division
Bench reversing the view of the Single Judge in regard to
the upgradation of two aided schools in the State -
Directed the State to treat both the schools at par with
the two other schools which had been upgraded in the past
- Leave granted
General Insurance Council and Others v State of
Andhra Pradesh and Others 09/07/2007
Motor Vehicles Act, 1988 - Petition is for
direction to the various States Governments and the Union
Territories to ensure that the mandate of s. 158 (6) is
complied with without exception - mandate - prayer in the
writ petition for direction to the various States Govts.
and the Union Territories to ensure that mandate is
complied without exception
State of Karnataka v Khatu @ Hanumantharaya
09/07/2007
Indian Penal Code, s. 302 - Whether High
Court was justified in holding that the case related to s.
304 Part II and not s. 302
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Ramchandra Sakharam Mahajan v Damodar Trimbak
Tanksale (D) and Others 09/07/2007
Suit for declaration of joint title with defendant nos.10
to 13, for recovery of possession of the plaint schedule
property and for mandatory and prohibitory injunctions
Chairman and M.D., K.S.R.T.C v K.O. Varghese and
Others 09/07/2007
Road Transport Corporation Act, 1950 -
Pension - enhancement or revision - to its employees is
left to KSRTC, an autonomous Corporation, subject of
course to any direction that may be issued by the State
Government under Section 34 of the Act - the reasoning
therefore that the direction to adopt Part III of KSR and
the order adopting it by KSRTC would denude KSRTC of its
power to fix a cut-off date for adopting and implementing
the recommendations of the Fifth Pay Commission is found
to be not sustainable-
Leave granted.
Commissioner of Income Tax, Kerala v Messrs Tara
Agencies 09/07/2007
Income Tax Act, 1961 -
Section 35B(1A), (2), - whether the
respondent assessee who is engaged in purchase of
different qualities of tea and blending the same for the
purpose of export is entitled to weighted deduction under
section 35B (1A) of the Income Tax Act, 1961.
Controller of Defence Accounts, Dehradun and
Others v Dhani Ram and Others
10/07/2007
Casual Labourers (Grant of Temporary Status and
Regularisation) Scheme of Government of India, 1993
- Respondents were disengaged as they were not covered by
the scheme of regularization as they did not fulfill the
prescribed criteria .-Leave
granted.
National Council For Civil Liberties v Union of
India and Others 10/07/2007
Constitution of India -
Article 14 and 21 - writ petition filed by
the National Council for civil liberties for enforcement
of fundamental rights for protection of a better right to
live of the inhabitants of Gujarat, Madhya Pradesh and
Rajasthan - vague allegations without any
proper foundation.
Punjab National Bank v Sahujain Charitable Society
and Others 11/07/2007
Suit for partition - Confirmation of sale
in favour of the plaintiff - Subsequent order nullifying
that sale and directing the sale in favour of respondent
No. 1 - Appeal against
- Leave granted.
United India Insurance Company Limited v Messrs
Great Eastern Shipping Company Limited
16/07/2007
Insurance - National Commission allowed the
claim of the respondent to the tune of Rs. 4, 94, 22,
000/- directed the appellant- Insurance Company to pay the
said amount with interest at the rate of 9 % per annum
from the date after two months of the survey report by the
Apex Surveyors Pvt. Ltd. i.e. from 1.3.1995 till its
payment. Aggrieved against this order of the Commission,
the present appeal has been filed by the appellant -
Insurance Company.
Ishwar Singh v Union of India and Others
16/07/2007
Service - One day's delay in reporting for
duty - Dismissal from service
-Leave granted.
Aleque Padamsee and Ors v Union of India and Ors
18/07/2007
Constitution of India - Article 32 -
petition under - the basic grievance is that though
commission of offences punishable under the Indian Penal
Code, 1860 (in short the 'IPC') was disclosed, the police
officials did not register the cases and wherever
necessary accord sanction in terms of Section 196 of the
Code of Criminal Procedure, 1973
Union of India and Anr v S.S. Gill
19/07/2007
Central
Reserve Police Force Rules 1955
— Rule 8(b) - the judgment of the Delhi High Court is in order and needs
no interference while that of the Jammu and Kashmir High Court
is indefensible and therefore is set aside.
- Leave granted in
SLP (C) No.1961 of 2003
Sandeep Polymers Private Limited v Bajaj Auto
Limited and Others 20/07/2007
Civil Procedure Code of 1908 - Order 7 Rule
10-A - The appellant filed a special civil suit for recovery of
Rs.79,63,99,736/- as damages for breach of contract - defendants have
entered into an agreement with it for lifetime supply of its products -
terminated its agreement - plaintiff seeking compensation
Commissioner of Income Tax v Messrs Catapharma
(India) Private Limited 23/07/2007
Income Tax Act, 1961 - Challenge in this
appeal is to the order passed by a Division Bench of the Bombay High
Court relating to the question whether sales tax and excise duty form
part of the total turnover. Dispute relates to the Assessment year
1997-98.- Leave granted.
B.S. Goraya v U.T. of Chandigarh 23/07/2007
Prevention of Corruption Act, 1988 - Section 13(2) read with Section
13(1)(e) - Challenge in this appeal is to the order passed by a learned
Single Judge of the Punjab and Haryana High Court dismissing the
revision petition filed by the appellant.
Smt. Subha Raj and Anr v. Sankar Sarkar and Anr
24/07/2007
Code of Criminal Procedure, 1973 - Sections
401 and 402 - application under - allowed by Single Judge of the
Calcutta High Court - challenged in this appeal - appellant No.1 is the
wife of appellant No.2 who is a doctor by profession. Respondent No.1
filed a complaint alleging commission of offences punishable under
Sections 323, 342, 382, 386 read with Section 120B of the Indian Penal
Code, 1860 - Leave granted.
Santanu Chaudhuri v Subir Ghosh
24/07/2007
Contempt proceedings - initiated by
landlord against tenant - by this petition - trial Court directed - the
present case is fully covered by the ratio of Firm Ganpatram Raj Kumar
v. Kalu Ram, Ram Pyari (Smt.) & Ors. v. Jagdish Lal and Zahurul Islam v.
Abul Kalam & Ors
Hafizun Begum vs Md. Ikram Heque and Others
24/07/2007
Motor Vehicles Act, 1988 - acceptability of
claim - compensation - acceptability of claim for grant of compensation
when the relatives are legal heirs but are not dependants of the
deceased, before the Motor Accident Claims Tribunal, - in terms of
clause (c) of sub-section (1) of Section 166 of the Act in case of
death, all or any of the legal representatives of the deceased become
entitled to compensation and any such legal representative can file a
claim petition.
- Leave granted.
State of Haryana v Surender and Others
01/06/2007
Indian Penal Code, 1860, ss. 302, 394 r/w
397 - conviction under - sentenced for ten years and to pay fine - no
evidence of service of notice on the appellant - High Court disposed of
the matter ex parte
Sukhdev Singh v State of Haryana
01/06/2007
Narcotic Drugs and Psychotropic Substances Act,
1985, s. 18 - Appeal against conviction - sentenced for ten years and to
pay fine - no evidence of service of notice on the appellant - High
Court disposed of the matter ex parte
State of Madhya Pradesh v Nisar
04/06/2007
Indian Penal Code, 1860, s. 302 - Appeal
against acquittal - the High Court was perfectly justified in finding
the prosecution version vulnerable, and the evidence scanty to fasten
the guilt on the accused in a case where the prosecution version rests
on circumstances evidence - Dismissed
State of Rajasthan v Babu Ram
05/06/2007
Narcotic Drugs & Psychotropic Substance Act,
1985, ss. 17, 18 - High Court directed acquittal on the ground that
there was non-compliance of mandatory requirement of s. 50 - Appeal
against - What is the meaning of the words "search any person" occurring
in s. 50(1)
Om Prakash v State (Nct) of Delhi
05/06/2007
Prevention of Food Adulteration Act, 1954,
ss. 7(1) r/w 16 - Appeal against conviction and sentence - learned
Additional Sessions Judge held that the commutation of sentence under
Section 433 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.)
was a matter within the discretion of State Government - This Court
directs that a sum of Rs.7,500/-, as fine, be deposited within a period
of six weeks from today. The appellant shall move the appropriate
Government for commutation of the custodial sentence - accused to remain
on bail in the mean time.
State of Haryana v Suresh
05/06/2007
Narcotic Drugs and Psychotropic Substances Act,
1985, s. 18 - Additional Sessions Judge convicted the accused but High
Court acquitted on the ground that there was non-compliance with the
mandatory requirements of s. 50 - Appeal against acquittal - matter
remitted to the High Court to hear the appeal afresh on grounds other
than that of alleged non-compliance with Section 50 of the Act, which,
as noted above, has no application to the facts of the case
Ananta Deb Singha Mahapatra and Others v State of
West Bengal 06/06/2007
Indian Penal Code, 1860, ss. 304 part II
r/w 149 - Appeal against conviction and sentence - in order to find
whether right of private defence is available or not, the injuries
received by the accused, the imminence of threat to his safety, the
injuries caused by the accused and the circumstances whether the accused
had time to have recourse to
- Leave granted.
State of Rajasthan v Wakteng
07/06/2007
Indian Penal Code, 1860, s. 302 r/w 34, 324
r/w 34 - Trial Court convicted appellant - High Court set aside
conviction and directed acquittal - Appeal against - though conviction
can be raised solely on the dying declaration without any corroboration
the same should not be suffering from any infirmity - the High Court has
rightly held that the prosecution has failed to establish the
accusations against the respondent.
Ashok Pandey v K. Mayawati and Others
13/06/2007
Constitution of India, 1950, art. 32;
Prohibition of Simultaneous Membership Rules, 1950 - the grievance is
that respondent Nos. 1 and 2 are not qualified to be appointed as Chief
Minister and Minister respectively as they were members of the Rajya
Sabha and thus disqualified under Article 164(4) read with Article
164(1) of the Constitution. The basic stand is that since they were
members of Rajya Sabha the requirement of their being elected to the
State Legislative Assembly within a period of 6 months does not apply to
them as they are already legislators of the Rajya Sabha
- Dismissed
Niranjan Singh v State of Madhya Pradesh
14/06/2007
Indian Penal Code, 1860, ss. 392, 397 -
Section 397 IPC was rightly applied in this case - the question
whether the accused attempted to cause death or grievous hurt would
depend upon the factual scenario - In the instant case knife blow was
given on the chest just below the nipple. - Held That High Court
was right in its view about the applicability of Section 397 IPC.
- Dismissed
Daya Ram v Raghunath and Others
15/06/2007
U.P. Zamindari Abolition Act, 1950 - Allotment of land to respondent
no.1 cancelled - Writ petition filed by the respondent allowed by...-
Leave granted
Kishori Lal v State of Madhya Pradesh
19/06/2007
Indian Penal Code, 1860, s. 306 - Appeal against conviction and sentence
- Held, offence of abetment is a separate and distinct offence...
State of Maharashtra and Others v Mehamud
19/06/2007
Indian Penal Code, 1860; Maharashtra Prevention of Dangerous Activities
of Slumlords, Bootleggers and Drug Offenders Act , 1981 - District...
Chairman, Uttar Pradesh Jal Nigam and Another v
Radhey Shyam Gautam & Another 30/03/2007
Appeal filed to challenge the correctness of the Order passed by a
Division Bench in an interim order passed by a learned Single Judge - Permitting
the respondent No.1 to continue in service of the appellant No.1 till
attaining the age of 60 years.
Manjuri Bera v Oriental Insurance Company Limited
And Another 30/03/2007
Motor Vehicles Act, 1988 - Appeal against
the judgment of High Court allowing claim petition of married daughter
under Section 166 of the
M V Act,- Judged in
that background where a legal representative - not dependant files
an application for compensation - the quantum cannot be less than the
liability referable to Section 140 of the Act. - even if there is no
loss of dependency the claimant if he or she is a legal representative
will be entitled to compensation.
Ashoka Kumar Thakur Vs. Union of India and Ors 29/03/2007
Writ petitions the policy of 27% reservation for the Other Backward
Classes (in short the OBCs contained in the Central Educational
Institutions Reservation in Admission) Act, 2006 in short the Act is the
subject matter of challenge
M.Srinivasa Prasad and Others v Comptroller and
Auditor General of India and Others 29/03/2007
Indian Audit and Accounts Department Section
Officer (Commercial Audit) Recruitment Rules, 1988 - Service -
Promotion - Statutory
rules are silent about the determination of inter se seniority - Appeals
are devoid of merits and are accordingly dismissed
Samar Ghosh Vs.Jaya Ghosh
26/03/2007
(Landmark Judgment)
Family
law -
Respondent
refused cohabitation - Her unilateral decision not to have any child
caused mental cruelty on the appellant - The impugned judgment of the
High Court is set aside and the judgment of the learned Additional
District Judge granting the decree of divorce is restored.
Kusheshwar Prasad Singh v State of Bihar and
Others 19/03/2007
Bihar Land Reforms (Fixation of Ceiling Area and
Acquisition of Surplus Land) Act, 1961 -
Alchemist Limited and Another v State Bank of
Sikkim and Others 16/03/2007
Constitution Of India, 1950, art. 226 -
Central Bureau of Investigation & Another & Others
v Ashok Kumar Aggarwal & Others 15/03/2007
Criminal Procedure Code, s. 482 - While
exercising jurisdiction whether the High Court would embark upon an
enquiry whether the evidence in question is reliable or not - the High
Court to peruse these notings and the observations made by the Hon'ble
Finance Minister and thereafter issue appropriate directions to the
parties to the action
Tamil Nadu Housing Board v Keeravani Ammal &
Others 15/03/2007
Land Acquisition Act, 1894 - s. 48B - Land
acquired but not made use of - for 21 years - if not being used, it
should be re-conveyed - High Court approached for the issue of mandamus
directing the State of Tamil Nadu, its officers and Tamil Housing Board
to re-convey the land
Ashok Kumar Kapur & Others v Ashok Khanna & Others
13/03/2007
Indian Trusts Act, 1882 - s. 34 - it is not
a case where jurisdiction under Article 142 of the Constitution of India
should be invoked particularly in view of the fact that the appellant is
not remediless.-
Leave granted.
Mohan & Another v State of Maharashtra & Others
13/03/2007
Land Acquisition Act, 1894 - s. 11A -
petition has prayed for quashing of the award published by special Land
Acquisition officer in respect of Renapur Medium Project - whether the
award was illegal in view of Section 11A of the Land Acquisition Act.
- Leave granted.
Vijay Singh Gond & Others v Union of India &
Others 13/03/2007
Scheduled Castes and scheduled Tribes Order
(Amendment) Act, 2002 - Petition filed to pass an ad-interim ex-parte
order staying the effect and operation of the Scheduled Castes and
Scheduled Tribes Orders.
Subhakar & Others v Harideesh Kumar & Others
13/03/2007
Karnataka Land Reforms Act, 1961 - s. 2
sub-s. 18 - appellant claim to be Chalgeni tenants and claim grant of
occupancy rights - respondent claimed to be the owner of the land on the
basis of gift deed from his grand father - Appeal against the judgment
of Division Bench of the Karnataka High Court dismissing...
BOC India Limited v Bhagwati Oxygen Limited
12/03/2007
Arbitration Act, 1940, ss. 30 r/w 33 - An
appeal from a judgment of a Division Bench of the Calcutta High Court
dismissing an appeal which was filed against the judgment of a learned
Judge refusing to accept the objection filed by the appellant
- Leave granted.
Bandu v State of Maharashtra
09/03/2007
Indian Penal Code, 1860 - s. 302 -
Appellant Bandu -
found guilty under Section 498-A of the India Penal Code - sentenced to
rigorous imprisonment for 2 years and a fine of Rs. 500/- by the trial
court. - On appeal the High Court while setting aside the conviction of
the appellant under Section 498A, held him guilty under Section 302 IPC
and convicted him to life imprisonment and a fine of Rs. 500/-.
All Bengal Excise Licensees Association v
Raghabendra Singh and Others 09/03/2007
Contempt of court in excise case --
advertisement published for selection of exercise shops -- High Court
made it clear that the respondent-authorities will not hold any lottery
for the purpose of final selection of the excise shops in question
without obtaining further orders from the High Court
- Leave granted.
Uttar Pradesh State Road Trasnport Corporation v
UP Rajya Sadak Parivahan Karamchari Union 09/03/2007
U.P. Industrial Disputes Act, 1947 - s.11-C
r\w s. 13A of Industrial Employment (Standing Orders) Act, 1946 -
Industrial Disputes Act, 1947-
Praying for a
declaration that the 15 persons appointed on contract basis as 'drivers'
and 'conductors' be declared as regular and substantive workmen -
that the concerned workmen be given all the benefits and facilities of
regular employees
- Leave granted.
N D P Namboodripad (Dead) by Lrs v Union of India
& Ors 8/03/2007
High Court Judges (Conditions of service)
Act, 1954 - The appellant entered the Kerala Higher Judicial Service as
a directly recruited District & Sessions Judge and was later elevated as
a Judge of the Kerala High Court - He retired with 23 years of
pension able service which included 8 years of service as a Judge of the
High Court. - the pension due be recalculated and settled
accordingly.
State of Punjab and Others v Swaran Kaur and
Others 07/03/2007
Punjab State Class IV Service Rules, 1963 -
whether the authorities were justified in holding that they did not
possess the requisite qualification for appointment under the Punjab
State Class IV Service Rules, 1963 - The State of Punjab had taken over
Chanan Devi Memorial girl High School, Saleem Tabri, Ludhiana under
certain conditions so far as the employment of the members of staff
concerned -
Leave granted.
Regional Provident Fund Commissioner v M/s Raj's
Continental Exports Private Limited 07/03/2007
Employees' Provident Funds & Miscellaneous
Provisions Act, 1952, s. 7A - Respondent claimed in-fancy
protection under the provisions of the Act - The appeal is sans merit,
deserves dismissal
National Insurance Company Limited v Laxmi Narain
Dhut 02/03/2007
Motor Vehicles Act, 1988, s. 149 -
Claims involving
insurance company, owner of the vehicle and third party -- In each of
the impugned judgments the concerned High Court held that the principles
laid down by this Court in National Insurance Co. Ltd. v. Swaran Singh
(2004 (3) SCC 297) is applicable even to claims other than third party
claims. Some of these appeals also relate to orders passed by the NCDRC
- Leave
granted.
State of Goa v Sanjay Thakran and Anr.
02/03/2007
Indian Penal Code, 1860 sections 120-B,
364, 302 and 392 - acquittal order by High Court as well as by trail
cost - in the circumstances of the case, the accused persons not giving
any explanation in their examination under Section 313, Cr. P.C. could
not be taken to be a circumstances pointing towards irresistible
conclusion that they are involved in the commission of the crime
Anil Prakash Shukla v Arvind Shukla
01/05/2007
Indian Penal Code,
1860 - s. 307 - Whether evidence of the sole as well as the alleged
dying declaration of the deceased be believed or not
Messrs Larsen and Tubro Limited v Commissioner of
Central Excise, Pune-II 02/05/2007
Central
Excise and Salt Act, 1944 - Section 11A read with Central Excise
Rules, 1944 - Rule 49(1) - notice under - to appellant as to show cause
- as to why Central Excise duty to the tune of Rs.32,35,575/- should not
be demanded and recovered from them in terms of the proviso appended to
Rule 49(1) - the impugned judgment cannot be sustained. It is set
aside accordingly the Revenue was not justified in invoking the extended
period of limitation in the instant case.
Rubabbuddin Sheikh v State of Gujarat and Others
03/05/2007
Constitution of India
- art.32 - Petitioner alleged killing his brother in fake encounter by
Anti Terrorist Squad Police, Gujarat and Rajasthan Special Task Force
Writ and disappearance of sister-in-law
State of Punjab and Others v Arun Kumar Aggarwal
and Others 04/05/2007
Appeals against the judgment and order passed by High Court in several
writ petitions - Whether any indefeasible right has been accrued to the
diploma-holder (outstanding categories) for promotion to the post of SDO
by virtue of being given current duty charge by an order dated 21.6.2001
and whether any cause of action arose by withdrawing the same by an
order dated 22.6.2005.
B. Bharat Kumar and Others v Osmania University
and Others
07/05/2007
Superannuation age - raising of - to 62
yrs. writs filed by petitioners serving in private colleges which are
enjoying the grant-in-aid by the Govt.
Union Public Service Commission v Sukanta Kar and
Another 08/05/2007
Ministry of Works and Housing Deputy Advisory
(Training) Recruitment Rules, 1985 - Ministry of Works and
Housing Deputy Advisory (Training) Recruitment Rules, 1985 - eligibility
of respondent No.1 for the post of Deputy Advisor (Training) in Central
Public Health and Environmental Organisation of Urban Development
Ministry -
Leave granted.
Kishore Lal v Chairman, Employees State Insurance
Corporation 08/05/2007
Employees' State Insurance Act, 1948; Consumer
Protection Act, 1986 -
appellant's wife incorrectly diagnosed by the ESI dispensary, at Sonepat
- medical services rendered by the ESI hospital/ dispensary whether
falls within the Section 2(1)(o) - and, therefore, the consumer forum
has jurisdiction to adjudicate upon the case of the appellant
Commissioner of Customs, Maharashtra v M/s Galaxy
Entertainment (I) P. Limited & Others
08/05/2007
Customs Act, 1962
- Section 130-E - a short question for determination in these appeals is
whether technical and installation fee amounting to Rs. 59 lacs was
required to be loaded in the assessable value of a 20-Lane
Bowling Alley equipment imported in October, 1998
Sohan Singh Sodhi v Punjab State Electricity
Board, Patiala 09/05/2007
Electricity (Supply) Act, 1948, s. 15 -
Constitution of India, 1950 - Article 14 - Suit questioning the
purported discrimination in promotion of Lineman to Line Superintendent
between diploma holder linemen vis.-'-vis. non diploma holder linemen -
whether, the Punjab State Electricity Board could make any
discrimination for the purpose of promotion between diploma holder and
non-diploma holders on the basis of quota fixed
-
Leave granted.
Anil v State of Haryana 10/05/2007
Indian Penal Code,
s. 302; Arms Act, s. 27 - Appeal against conviction and sentence -
the site plan showed the material particulars. The place where the
complainant was being assaulted has clearly been stated in the First
Information Report as also in his deposition by Rajpal - the High
Court cannot be said to be wrong in affirming the judgment of conviction
of the appellant and acquittal of the other passed by the learned
Sessions Judge
Noor @ Noordhin v State of Karnataka
11/05/2007
Indian Penal Code, ss. 143, 148, 341, 326,
302 r/w s. 149 - Trial court convicted the appellant - appellant with
six others charged under - appellant herein was convicted under Sections
143, 148, 341, 326, 302 read with Section 149 of the Indian Penal Code -
an appeal was preferred against the judgment of his conviction before
the High Court by the appellant.
V. Shankaranarayana Rao (D) By LRs and Others v
Leelavathy (Dead) By LRs and Others 11/05/2007
Suit for partition by predecessor in interest of the present respondents
- the High Court while pronouncing the impugned judgment had also not
considered the effect and purport of the requisite ingredients for
arriving at a decision as to whether the transaction in question is
benami or not - the impugned judgment should be set aside and matter
remitted back to the High Court for consideration of the matter afresh
which would meet the interest of justice.
Kaushlya Devi v Shri Karan Arora and Others
14/05/2007
Motor Vehicles Act, 1988, ss. 166, 140 and
141 - Tribunal held that since the driver was a minor he did not have
any liability but the owner of the vehicle was liable to pay
compensation as per the award and the insurer has no liability as the
driver was not authorized to drive...-
Leave granted.
Prahalad Prabhudas Patel and Others v State of
Gujarat 15/05/2007
Prevention of Terrorism Act, 2002 -
Questions involved inter alia relate to the effect of recommendation
made by the Review Committee under the provisions of The Prevention of
Terrorism Act, 2002 as amended by Ordinance of 2003
Federation of Tenants Association v State of
Maharashtra & Others 15/05/2007
Delay of 341 days in
filing this
Petition for Special
Leave
to Appeal - No
sufficient cause has been made out for condoning the long delay - This
Court affirmed the order of the High Court that is sought to be
challenged in this Petition for Special Leave to Appeal
Greater Kailash Part-II Welfare Association &
Others v DLF Universal Limited & Others 15/05/2007
Writ petition complaining of the change of
user of the Savitri Cinema Plot by converting it into a multiplex -cum-
commercial complex
- Leave
granted.
K Krishna M.A. Raihany v Union of India and Others
16/05/2007
Foreign Exchange Regulation Act, 1973; Citizenship
Act, 1955 - Prayer for grant of Indian citizenship by
naturalization
-
Leave granted.
Ananda Mohan Sen and Another v State of West
Bengal 16/05/2007
Indian Penal Code, ss. 498A 306 - Appeal
against conviction and sentence -Conviction and Sentence by DB affirming
the judgment of conviction and sentence by learned Assistant Sessions
Judge, Burdwan - Sentence under Section 306 modified by High Court in
case of appellant No.1 reducing the sentence from 5 yrs. to 3 yrs.
-
Leave granted.
Institute of Chartered Financial Analysts of India
& Others v Council of The Institute of Chartered Accountants of India &
Others 16/05/2007
Monopolies and Restrictive Trade Practices Act,
1969; Chartered Accountants Act, 1949 - Plea that High Court
committed a manifest error in passing the impugned judgment
Geeta v State of Madhya Pradesh and Others
16/05/2007
Caste - Whether the appellant Geeta belongs
to Majhi Tribe, which is Scheduled Tribe or Mallah, which is not
Scheduled Tribe - Held, appellant not produced any document, which will
establish her tribe as Majhi, which is Scheduled Tribe, prior to
3.11.1977
Union of India and Another v Shardindu
16/05/2007
National Council for Teacher Education Act, 1993
- Order passed by the Union of India purporting to terminate the
deputation of the respondent as Chairperson, National Council for
Teacher Education set aside
- Leave granted.
Commissioner of Income Tax, Pune v Shirke
Construction Equipment Limited 17/05/2007
Income Tax Act, 1961 - Whether Section
80-AB can be applied to Section 80-HHC of the Act?. Whether, in
determination of business profit under Section 80HHC, the unabsorbed
business losses of the earlier years under Section 72 of the Act should
be set off
Ashoka Kumar Thakur v Union of India & Others
17/05/2007
Constitution of India, 1950; Supreme Court Rules,
1966 - Order 35 - during the leaving of these petitions,
submitted by the Solicitor General that in view of the mandate these
cases should be heard by a Bench of at least five Hon'ble Judges. It was
submitted that not only petitions raise substantial questions of law but
also interpretation of the Constitution is involved on the other hand in
the counter affidavit filed by the Union of India it has been
specifically stated that, according to it, there was no question of law
much less of substantial nature involved and the issues raised are
covered by various decisions of this Court, more particularly,
Indra Sawhney v. Union of India and Ors.
Bangalore Development Authority v Syndicate Bank
17/05/2007
Consumer Protection Act, 1986, s. 21 - Self
Financing Housing Scheme for construction of flats/houses in Banglore -
Appeal relates to delay in delivery of 11 HIG houses - the more serious
issue is whether the facts and circumstances warrant a finding of
negligence and deficiency in service on the part of BDA necessitating
award of compensation
Rizwan Akbar Hussain Syyed v Mehmood Hussain &
Another 18/05/2007
Code of Criminal Procedure, 1973, s. 439(2)
- Bail - granted to the appellant - challenged in this appeal is to the
order passed by a learned single Judge of the Bombay High Court
canceling the bail granted to the appellant by exercising power under
Section 439 (2) of Criminal Procedure Code - case involving alleged
commission of offence punishable under Section 324 of the Indian Penal
Code, 1860
- Leave
granted.
Garrison Engineer (Utility) Bhatinda v Narinder
Singh
21/05/2007
Industrial Disputes Act, 1947 - Respondent
was engaged as Mazadoor on daily wages - as per the requirement of the
department on the basis of specific sanction of muster roll vacancies
from time to time. - not exceed 25 days in one stretch of period under
any circumstances - The award was challenged before the High
Court. Apart from the other controversies a specific plea was raised
that the appellant is not an industry and, therefore, the Act has no
application.
State of Tripura and Others v Bina Choudhary and
Others 22/05/2007
Indian Forest Tripura Second Amendment) Act,
1986 - A vehicle - carrying illegal timber was seized by the
Champaknagar Range Staff- An offence report No. 3/CB-93 was drawn by the
Forest Beat Office- against the owner of vehicle for illegally carrying,
illicitly collected 57 nos. of unmarked gamer sawn timber- The driver
could not produce the registration papers of the vehicle as required
under the Forest Rules
Zaminder Dharmik and Shekshnik Nyas v Siddhanath
(Dead) By Lrs 22/05/2007
Code of Civil Procedure, 1908, s. 100; M.P.
Land Revenue Code - In 1969, Government issued a notice for ejectment
under Section 248 of the M.P. Land Revenue Code (in short 'the Code')
claiming the land to be a land of the Government and the appellant was
dispossessed.
Assistant Commissioner of Income Tax v Rajesh
Jhaveri Stock Brokers Private Limited
23/05/2007
Income Tax Act, 1961 - Respondent-a Private
Limited Company filed its return of income declaring total loss of Rs.2,
70, 85, 105/-
-
Leave granted.
Ajnala Co-operative Sugar Mills Limited v Sukhraj
Singh 23/05/2007
Industrial Disputes Act, 1947 - writ
petition challenge was to the award of the Labour Court, Amritsar,
whereby alleged termination of services of the respondent was held to be
illegal for want of compliance with the requirements of Section 25-F of
the Industrial Disputes Act, 1947
-
Leave granted.
Byvarapu Raju v State of Andhra Pradesh and
Another 28/05/2007
Indian Penal Code, 1860, ss. 302, 201 -
Appeal against conviction and sentence - the appeal is allowed to the
aforesaid extent by altering the conviction from Section 302 IPC to
Section 304 Part I, IPC. - The custodial sentence of 10 years would meet
the ends of justice.
Messrs
Ojas Industries Private Limited v Messrs Oudh Sugar Mills Limited and
Others 02/04/2007
Industries (Development and Regulation) Act,
1951 -
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