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Maharshi Dayanand University & Anr v Anand
Co-Operative Society Limited & Anr
Arbitrator - appointment -
Union of India v S.P.S. Rajkumar and Others
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
Industrial Disputes Act, 1947 - strike notice -
Union of India and Others v Keshar Singh
Army Pension Regulations, rr. 173, 423 -
Mohit Bhargava v Bharat Bhushan Bhargava and
Code Of Civil Procedure, 1908, ss. 39, 42, o.9, r.3
Authorised Officer and Deputy Conservator of
Forests and Another v Asgarli Khan
Appeal against confiscation order of Deputy Conservator of Forests allowed by Session Judge
J. Yashoda v K. Shobha Rani
Indian Evidence Act, ss. 63, 64, 65 -
Pradeep Singh v Union of India and Others
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
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
Service Promotion - penalty of censure
Director, Food and Supplies, Punjab and Another v
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
Delhi Land Revenue Act, 1954; Constitution of India, 1950 -
Supreme Court Bar Association v Union of India and
Legal Services Authorities Act, 1987, s. 6(2) -
Rama Paswan and Others v State of Jharkhand
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
Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, s. 3(1) -
Commissioner of Income Tax, Kolkata v Mukundray K.
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
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
Indian Penal Code, ss. 302 r/w 34 -
M/s Binani Industries Limited, Kerala v Assistant
Commissioner of Commercial Taxes, Vi Circle, Bangalore & Others
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
Indian Penal Code, 1860, ss. 302 r/w 34
State of Arunachal Pradesh v Messrs Damani
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
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
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
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
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
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
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
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
Suit for possession, recovery of damages and mesne profit and rent @ Rs.70,664/- p.m - Non-appearance of defendants - Suit decreed - Leave granted.
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
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
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
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
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)
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
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
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
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
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
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
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
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
Specific Relief Act - Suit for specific performance of contract - Appeal against decree of specific contract
Hardev Singh v Gurmail Singh (Dead) By Lrs
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Service - One day's delay in reporting for duty - Dismissal from service -Leave granted.
Aleque Padamsee and Ors v Union of India and Ors
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 &
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
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
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 &
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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 &
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
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
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
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
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 &
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
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
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
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
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
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.
Ojas Industries Private Limited v Messrs Oudh Sugar Mills Limited and
Industries (Development and Regulation) Act, 1951 -
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