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Supreme Court Judgments 2007
October 2007 complete text judgments available for free download now.....

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lawyersSupreme Court Judgments  - October 2007

Suresh Singh & Another v State of Haryana 1/10/2007
Indian Penal Code, 1860 - sections 147, 148, 149, 302, 323, 324 and 326 - charge under - each accused is sentenced to rigorous imprisonment for one year under Section 324 read with Section 149 IPC. Each of accused is also punished with fine of Rs.500
- Leave granted
Ram Prakash Gupta v Rajiv Kumar Gupta & Others 3/10/2007
CPC - order VII - Rule XI - whether the defendants/ respondents herein made out a case for rejection of the plaint under Order VII Rule 11(d) of the C.P.C.
- Leave granted
M/s. Hasthimal & Sons & Others v P. Tej Raj Sharma  4/10/2007
Mortgaged Property - this appeal has arisen out of a suit for redemption of the mortgage and for possession of the mortgaged property
Bureau of Indian Standards v S.K. Kanojia 5/10/2007
Bureau of Indian Standard (Recruitment to Scientific Cadre) Regulation 1986 - Regulation 9 -  these appeals are directed against the judgment of a Division Bench of the Delhi High Court dismissing the appeals preferred against the order of a learned Single Judge who allowed the writ petitions filed by the respondents
- Leave granted
Sita Ram & Others v Radhey Shyam 5/10/2007
Specific Relief Act, 1963 - section 16(c) - challenge in this appeal is to the order passed by a learned Single Judge of the Jaipur Bench of Rajasthan High Court dismissing the Second Appeal filed by the plaintiffs-appellants - the trial court decreed the suit, which was one for specific performance of a contract while the first appellate court set aside the decree.
- Leave granted
Hariom Agrawal v Prakash Chand Malviya 8/10/2007
Indian Stamp Act - stamp duty - deficiency - where the deficiency of stamp duty is noticed from the copy of any instrument, the Collector may call for the original document for inspection, and on failure to produce the original instrument could presume that proper stamp duty was not paid on the original instrument and, thus, recover the same from the person concerned
- Leave granted
Accounts Officer, Jharkhand State Electricity Board and Another v Anwar Ali 9/10/2007
Consumer dispute - the electricity supply was discontinued without notice. Compensation of Rs.50,000/- was awarded along with 12% interest per annum by the District Forum and upheld by the State Commission. The National Commission took the view that since notice was given after disconnection, the action was clearly unsustainable
- Leave granted
Inder Mohan Goswami & Another v State of Uttaranchal & Others 9/10/2007
Non-bailable warrants - issuance of - Criminal Procedure Code, 1973 - section 482 - appeal against judgement passed in Application under section 482 - the appellants had to file an application under Section 482 Cr.P.C. because the Special Judicial Magistrate, Rishikesh issued a non-bailable warrant against the appellants on the basis of First Information Report under Sections 420/467 IPC filed by the respondents
- Leave granted
Ramesh Baburao Devaskar & Others v State of Maharashtra 12/10/2007
First information Report - whether the second First Information Report can be treated to be the First Information Report in relation to the incident and in any event any reliance can be placed thereupon - lodging of a First Information Report is necessary for setting the criminal law in motion. It can be lodged by anybody.
Sanjay Bansal and Another v Jawaharlal Vats and Others 22/10/10/2007
Constitution of India, 1950 - article 226 - writ filed in High Court praying for fair and proper investigation in case under section 307 IPC - the High Court was of the view that from the beginning the writ petitioner was apprehending that there would be no fair and proper investigation into the case as the accused persons are influential persons.
- Leave granted
Rabindra Kumar Shaw (dead) thr. Lrs v Manick Lal Shaw 22/10/2007
Impleadment - suit for declaration of title and permanent injunction - the same was directed against the order dated 4th December, 2004 passed by learned Judge, 10th BENCH, City Civil Court at Calcutta in Title Suit No.815 of 2000 thereby rejecting the application under Order 39 Rule 4 of the Code of Civil Procedure, 1908 filed by the defendant and allowing the application under Order 39 Rules 1 and 2 filed by the plaintiffs
- Leave granted
Naresh Kumar Yadav v Ravindra Kumar and Others 23/10/2007
Criminal Procedure Code, 1973 - section 438 - petitions for protection - granted by single Judge of the Patna High Court - challenged in this appeal by the informant.
- Leave granted
Dashrath @ Champa and Others v State of Madhya Pradesh 24/10/2007
Indian Penal Code, 1860 - section 304 Part I read with section 34 - conviction and sentence upheld by the High Court - challenged in appeal - dying declaration - the acceptability of alleged dying declaration in the instant case has to be considered. The dying declaration is only a piece of untested evidence and must like any other evidence
Iqbal v State of Kerala 24/10/2007
Indian Penal Code, 1860 - sections 366A and 376 read with section 34 - conviction by the trial court - acquittal of the co-accused by High Court - appeal - in the instant case, the admitted case of the prosecution is that girl had left in the company of the accused of her own will and that she was not forced to sexual intercourse with any person other than the accused.
- Leave granted
Smt. Seema v Ashwani Kumar 25/10/2007
Marriages - compulsory registration - from the details filed it appears that States of Andhra Pradesh, Bihar, Chattisgarh, Goa, Himachal Pradesh, Karnataka, Meghalaya, Mizoram, Rajasthan, Sikkim, Tamil Nadu, Tripura have complied with the direction.
M/s Vanasthali Textiles Industries Ltd v Commissioner of Central Excise, Jaipur, Rajasthan 26/10/2007.
Demand of duty - benefit of Notification No. 8/97-CE - appellant-company is 100% export oriented undertaking who claimed partial exemption from duty in terms of Notification NO.8/97-CE dated 1.3.1997 in respect of goods sold in Domestic Tariff Area, which stipulated conditions that the goods have been manufactured wholly from the raw materials produced or manufactured in India.
- Leave granted
Girja Kumar and others v State of Himachal Pradesh and another 31/10/2007
Adverse Possession - Declaratory suit - according to the plaintiffs-appellants, they were in possession of the suit land for more than 40 years. The suit was filed in 1989 for declaration of title on the ground of adverse possession and for injunction. The trial Court decreed the suit and the appeal filed by the defendants was dismissed by the first appellate Court.

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