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Supreme Court Judgments 2007
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lawyersSupreme Court Judgments  - March 2007

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 - P
ermitting 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 - S
tatutory 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 - return filed under by the landholder as to excess land - "a wrong doer ought not to be permitted to make a profit out of his own wrong" - though the question was raised before the statutory authorities under the Act, the High Court (learned Single Judge as also the Division Bench) had decided the case only on the basis of Section 32B of the Act which could not have been done - the matter is remitted to the High Court to decide it afresh in accordance with law.
Alchemist Limited and Another v State Bank of Sikkim and Others 16/03/2007
Constitution Of India, 1950, art. 226 -
whether a part of the cause of action had arisen within the territorial jurisdiction of the High Court of Punjab & Haryana so as to entertain a writ petition under Article 226 of the Constitution filed by the appellant-Company against the respondents - Leave granted.

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

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