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

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lawyersSupreme 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 3 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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