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Supreme Court Judgments 2007
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lawyersSupreme Court Judgments  - November 2007

Mohan Kumar Rayana v Komal Mohan Rayana 1/11/2007
Hindu Minority and Guardianship Act, 1956 - section 6 read with section 7 and 25 of the Guardians and Wards Act, 1890 - application under - the main grievance of the appellant is that by the order of 6.8.07 he was completely denied any access to the minor child. He was also aggrieved by the reduction of access time by the other orders as well
- Leave granted
M/s. Rahul Builders v M/s. Arihant Fertilizers & Chemical and another  2/11/2007
Negotiable Instruments Act - section 138 - proviso - service of proper notice under - failure - quashment of Criminal Proceedings - failure on the part of the appellant to serve a proper notice strictly in terms of proviso appended to Section 138 of the Negotiable Instruments Act whether would lead to quashing of a criminal proceedings initiated by II Additional Sessions Judge, Neemuch on a complaint made by the appellant herein is the question involved in this appeal
Union of India & Another  v Adani Exports Ltd. & Another 12/11/2007
Customs Act, 1962 - Regulation Act - section 50 - Management Act - section 49(3)(4) - The High Court was not justified in going into the merits and expressing its views and thereafter remitting the matter to the Tribunal.
- Leave granted
Naresh Giri v State of M.P. 12/11/2007
Indian Penal Code, 1860 - section 302 - applicability of - charges were framed in relation to the offences punishable under Section 302 and alternatively under Section 304, 325 and 323 of the Indian Penal Code - questioning correctness of the charges framed, the revision petition was filed. 
- Leave granted
State of Punjab and others. etc v Supreet Rajpal and Another 13/11/2007
Service - appointment as part time lecturers - order passed by a Division Bench directed the respondents to consider the petitioners for regularization de-hors of the contractual clause indicated in the advertisement and also the same having been mentioned in the terms of appointment. 
- Leave granted
Radha Pisharassiar Amma v State of Kerala 14/11/2007
Indian Penal Code, 1860 - sections 409, 468, 471, 477A and 120B - Prevention of Corruption Act, 1988 - section 13(1)(C) read with section 13(2) - charge under.
Mahmood & Another v State of U.P. 15/11/2007
Indian Penal Code, 1860 - section 302 read with section 148, 147 and 149 and 379 - conviction under - once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish any specific overt-act to any of the accused for fastening of liability with the aid of section 149 of the IPC.
State of Rajasthan & others v M/s Khandaka Jain Jewellers 16/11/2007
Stamp Act, 1952 - section 47A(2) - quashment of the proceedings under - execution of sale deed - the view taken by the learned single Judge as well as by the Division Bench cannot be sustained and the same is set aside
B. Ramakichenin @ Balagandhi v Union of India and others 16/11/2007
Appointment - set aside by the High Court - the appellant states that he was fully qualified for the post, but he was not called for the interview although similarly placed candidates had been so called - one of the reason given by the High Court for setting aside the appellant's appointment - Tribunal should have gone into the question of eligibility.
- Leave granted
Puspa Mayee Dasi & others v Smt. Jyotsna Daw & others 19/11/2007
Suit for eviction - on ground of change of user - from residential to commercial - this ground failed - other two grounds succeeded
Manohar S/o Shankar Nale and others v Jaipalsing S/o Shivlalsing Rajput and others 20/11/2007
Limitation Act, 1963 - schedule appended thereto - Article 136 - applicability of the provisions of Article 136 as contained in the Schedule appended to the Limitation Act, 1963 is in question in this appeal which arises out of a judgment 
- Leave granted
Vijay Kumar and others v Whirlpool of India Ltd. & others 22/11/2007
Industrial Dispute Act, 1947 - section 33-C (2) - settlement under - scope of - the settlement covered only cases of existing employees. The question of any erstwhile workman attaining specified production target does not arise - whenever a workman is entitled to receive from his employer any money or any benefit which is capable of being computed in terms of money and which he is entitled to receive from his employer and is denied of such benefit can approach Labour Court under Section 33-C(2) of the Act.
Honda Siel Power Products Ltd v Commissioner of Income Tax, Delhi 26/11/2007
Income Tax Act, 1961 - section 154 - applicability of. - Leave granted
Chief Commissioner of Income Tax & others v  Smt. Susheela Prasad and others 27/11/2007
Administrative Tribunals Act, 1985 - section 19 - respondents had moved CAT seeking regularization of their services - their stand is that they have been on duties as Data Entry Operators on contract basis and were being paid at a rate of Rs.10 per hour up to the maximum of Rs.50/- per day.- Leave granted
Amit Kumar v  State of U.P. & others 28/11/2007
Entertainment Tax  - liability to pay - whether entertainment tax was payable by the appellant in respect of a fashion show held at Gorakhpur in Uttar Pradesh on 9th July, 2000 at St. Andrews Inter College for the selection of "Mr. Gorakhpur" and "Miss Gorakhpur".
State of Andhra Pradesh v Abdul Khuddus (Dead) by LRs & others 29/11/2007
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - order under - set aside by the DB of Andhra Pradesh High Court -  can the High Court, in the exercise of its jurisdiction under Article 226 of the Constitution, set aside a finding of fact arrived at by the Special Court, under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982
Rajesh Ranjan Yadav @ Pappu Yadav v CBI through its Director  30/11/2007
Bail application - on the ground - that the appellant has been in custody for more than seven years and that his conduct in jail has been exemplary

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