|
 Supreme
Court Judgments - September 2007 |
K. Subba Reddy v State of Andhra
Pradesh 28/9/2007
Prevention of Corruption Act, 1988 - section 7 - conviction upheld by
the High Court - challenged in appeal - challenge in this appeal is to
the judgment rendered by a learned Single judge of the Andhra Pradesh
High Court upholding the conviction of the appellant punishable under
Section 7 of the Prevention of Corruption Act, 1988 - Leave granted |
Nallapati Sivaiah v
Sub-Divisional Officer, Guntur, A.P. 26/9/2007
Indian Penal Code, 1860 - section 302 -
conviction under - confirmed by High Court - not satisfied that the
prosecution has proved its case against the appellant beyond reasonable
doubt |
M.P. State Coop. Bank Ltd.,
Bhopal v Nanuram Yadav and others 25/9/2007
Public Appointments - how public appointments to be made, whether Lokayukt constituted under the M.P. Lokayukt Evam Up-Lokayukt Adhiniyam,
1981 has jurisdiction to go into the appointment of employees of the M.P.- Leave granted |
M/s Dhampur Sugar Mills Ltd. v
State of U.P. & Others 24/9/2007
Uttar Pradesh Sheera Niiyantran Niyamavali 1974
- provisions provided 20% molasses to be supplied for the manufacturing
of country liquor - Leave granted |
Malleshappa v State of Karnataka
21/9/2007
Indian Penal Code, 1860 - sections 302, 364, 201 - conviction under -
appeal - the conviction of the appellant is based on circumstantial
evidence |
Commissioner of Customs, New
Delhi v M/s. Phoenix International Ltd. and Another 20/9/2007
Customs Act, 1962 - section 130E - appeal under - by the Department
against - order passed by CEGAT dated 22.12.2000 - whereby the Tribunal
allowed the appeals of the importers herein |
Chattisgarh Vidyut Mandal
Abhiyanta Sangh v Chattisgarh State Electricity Regulatory Commn
19/9/2007
Electricity Act, 2003 - section 111 - appeal under - the appellants have
challenged the order dated 29.11.2005 passed by the Chhattisgarh State
Electricity Regulatory Commission |
State of Tamil Nadu v Seshachalam
18/9/2007
Appointments - one Cadre system - respondents herein have been working
in the Secretariat of the Government of Tamil Nadu. Each and every
department in the Government Secretariat prior to 1961 had a separate
unit for appointment, promotion etc. |
Modern School v Shashi Pal Sharma
& Others 18/9/2007
Delhi School Education Act, 1973 -
appellant a School recognized and governed under the Act and Rules -
first respondent a teacher - wife made complaint against him -
resignation acceptance informed - Leave granted |
Rajeev Hitendra Pathan & Others v
Achyut Kashinath Karekar & Another 17/9/2007
Consumer Protection Act, 1986 - as amended in 2003 - section 22-A --
Restoration of - the complaint which was dismissed for default - by the
State Commission - by the newly introduced Section 22A, National
Commission was given power of restoration but no such power has been
conferred on the State Commission - Leave granted |
Oriental Insurance Co. Ltd v Syed
Ibrahim & Others 17/9/2007
Motor accident - award of compensation - owner of the lorry questioned
the order of Tribunal fixing liability to pay compensation - when the
accident took place, i.e. on 20.11.1994, the driver was authorized to
drive LMV |
Sanwariya Lal v State of
Rajasthan
14/9/2007
Case of filicide - the victim Rajesh aged
eight years was the son of the accused/appellant - such extensive
injuries including a fracture could not have caused by a simple fall as
has been suggested and clearly show the use of excessive force - Leave granted |
State of Karnataka v Raju 14/9/2007
Indian Penal Code, 1860 - section 376 -
conviction under - the victim was less than 12 years when she was
sexually revished by the respondent - reduction of custodial sentence of
respondent to 3½ years instead of seven years as imposed by the, |
Radhu v State of Madhya Pradesh
14/9/2007
Indian Penal Code, 1860 - sections 376, 323
and 342/34 - conviction and sentence under — by the II Additional
Sessions Judge Khargone - appeal by special leave - the evidence of the
prosecutrix when read as a whole, is full of discrepancies and does not
inspire confidence. |
DHV BV v Tahal Consulting Engineers Ltd. & Others
12/9/2007
Arbitration and Conciliation Act, 1996 -
section 11(6) - petition under - the petition is allowed and as prayed
by learned counsel for the parties, instead of constituting an Arbitral
Tribunal, Justice P.K. Balasubramanyan, a former Judge of the Supreme
Court, |
Krishnan v Backiam & Another
11/9/2007
Constitution of India - Article 142 -
exercise of jurisdiction - the order of the learned Single Judge as
affirmed by the Division Bench of the High Court holding that the
respondent-College has since been de-recognised |
Commissioner of Central Excise, Mumbai-IV v M/s.
Damnet Chemicals Pvt. Ltd. Etc. 10/9/2007
Central Excise Act, 1994 - section 35L(b) -
appeal under - the Tribunal after elaborate consideration of the matter
and upon appreciation of the evidence found that BBL was a bulk buyer of
the product manufactured by the respondent-assessee and there is nothing
wrong in giving 40% discount |
Kulesh Mondal v The State of West
Bengal 7/9/2007.
Indian Penal Code, 1860 - section 302 -
conviction under - upheld by DB of Calcutta High Court - challenged -
for the application of Exception 4, it is not sufficient to show that
there was a sudden quarrel and there was no premeditation.- Leave granted |
Y.A. Ajit v Sofana Ajit
7/9/2007.
Code of Civil Procedure, 1908 - section 24
- transfer petition - allowed by Madras High Court legality of the
judgment challenged - Leave granted |
Research
Foundation for Science v Union of India and Another
6/9/2007.
Environment
- Ship-breaking - infrastructure - it is desirable that the Government
of India shall formulate a comprehensive Code incorporating the
recommendations and the same has to be operative until the concerned
Statutes are amended to be in line with the recommendations. |
Visitor & Others
v K.S. Misra
6/9/2007.
Statute 61(6) (iv) - service
- past service
- counting of - for the
purpose of payment of pension and other retirel benefits - the
provisions of Statute 61(6)(iv) can have no application and the
respondent is not entitled for counting of service rendered by him in Benaras Hindu University for the purpose of grant of pensionary benefits
in Aligarh Muslim University.- Leave granted |
State of Uttar
Pradesh v Ram Veer Singh & Others
5/9/2007.
Indian Penal Code, 1860
- section 302 read with section 34 and section
201 IPC - conviction under - set aside by the DB of Allahabad High Court
- the High Court has examined all the relevant aspects in detail and has
recorded the judgment of acquittal |
M.P. State Agro
Industries Development Corporation Ltd. & Another v Jahan Khan
5/9/2007.
Service
-
penalty
- imposed on the respondent - in the form of recovery
of an amount equivalent to the monetary loss suffered by the Corporation
and stoppage of three increments with cumulative effect - the High Court
has dismissed the application for review filed by the Corporation. |
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