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1. The Appellant married the Respondent on 02.03.1997 and registered the same under the Special Marriage Act, 1954. Thereafter, the marriage was solemnized between the parties on 07.12.2000 under the Hindu rites and customs. Alleging cruelty and desertion by the Respondent, the appellant filed a sui...
The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more, the Supreme Court remarked while it dissolved a marriage invoking its powers Article 142 of the Constitution.In this case, the husband had filed divorce petition on the ground of cruelty and desertio...
l Appeal Nos. 2436 37 of 1987 etc. From the Judgment and Order dated 2.4.1983 of the Cus toms, Excise and Gold Control Appellate Tribunal, New Delhi in Appeal No. ED (T)/SB/64/76 D and ED(SB)(T) A. No. 61/76 D in Order Nos. D 169 and 170 of 1983. V.C. Mahajan, A. Subba Rao and C.V. Subba Rao for the Appellant. Soli J. ...
The department took the view that in respect of the yarn manufactured between 17.3.72 and 23.7.72 the assessee is liable to pay the normal duty payable on yarn under Item 18E so long as the fabric manufactured out of such yarn remained uncleared from the factory as on 24.7.1972. On the other hand the assessee 's conten...
1. The appellant-Bank, a nationalised one, took the ultimate step against the respondent as an employee in pursuance of departmental proceedings having found him guilty on various counts inter alia including breach of duty as a custodian of public money and dishonesty, fraud or manipulation of documents. The Industr...
In a case of a bank clerk forging signatures to encash a Demand Draft, the Supreme Court held that it is not necessary to call for a handwriting expert in departmental proceedings. The Court upheld the procedure adopted by the inquiry officer to compare the signatures himself, from a "banker's eye".The Supreme Court ha...
1. The appellant has assailed the correctness of the judgment and order of the High Court of Tripura dated 9 th October, 2013 dismissing the appeal of the appellant while confirming the conviction recorded by the Trial Court under Section 302/34 of the Indian Penal Code1 and 201 of IPC whereby he was awarded i...
The Supreme Court, on Tuesday, reversed a conviction recorded by the Trial Court, affirmed by the Tripura High Court on the ground that major links of the chain of circumstances had not been proved by the prosecution evidence in a case based on circumstantial evidence. A Bench comprising Justice B.R. Gavai and Justice...
2. The appellant has approached this Court being aggrieved by the judgment and order dated 19 th September, 2019, passed by the Division Bench of the High Court of Judicature at Madras, in Writ Petition No.16228 of 2014, thereby denying the prayer made by the appellant for a direction to the respondents to vac...
The Supreme Court on Thursday (11th November) reiterated that the tenants ought to be in actual possession of the premises to avail the benefit of Section 9 of the Tamil Nadu City Tenants Protection Act, 1972, which deals with the application filed by the tenant before the Court to direct the landlord to sell the land....
2. The two money suits filed by her having been dismissed by the trial Court, but decreed by the First Appellate Court and the decrees so passed by the First Appellate Court having been reversed by the High Court in two second appeals, the plaintiff­ appellant is back to square one and is before us in the above 3. ...
The Supreme Court has held that when payment of money and repayment of a portion of it is admitted by a party, then the onus to establish that there was full and final settlement of the dues is also on that party."A party who admits receipt of certain amount of money on a particular date and pleads discharge by way of ...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.09.2016/19.09.2016 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No. 36 of 2014, by which the High Court has allowed the said appeal preferred by the State and has quashed and set aside the judgment an...
The Supreme Court has upheld the conviction of a man accused of raping a mentally disabled girl with low IQ.Chaman Lal, the accused, was acquitted by the Trial Court mainly on the ground of delay in lodging the FIR and also on the ground that the prosecutrix was not mentally unsound to understand the consequences and w...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.10.2019 passed by the High Court of Kerala at Ernakulam in OP (CAT) No.171 of 2019, by which the High Court has allowed the said original petition (OP) and set aside the order passed by the learned Central Administrative Trib...
The Supreme Court has observed that Modified Assured Career Progression (MACP) Scheme has nothing to do with the next promotional post and what the employee would be entitled would be the immediate next higher grade pay in the hierarchy of the recommended revised pay bands.The bench of Justices MR Shah and Sanjiv Khann...
2. The reference made to this Constitution Bench relates to the grant of time for filing response to a complaint under the provisions of the Consumer Protection Act, 1986 (for short ‘the Act’). The first question referred is as to whether Section 13(2) (a) of the Consumer Protection Act, which provides for the r...
The Supreme Court observed that a Consumer Commission has no jurisdiction to condone the delay for filing opposite party's written version beyond the prescribed period of 15 days mentioned in the Consumer Protection Act, 2019. Before the National Consumer Disputes Redressal Commission (NCDRC) in this case, the opposite...
1. The appellant has approached this Court being aggrieved by the judgment and order passed by the High Court of Chhattisgarh, Bilaspur dated 17 th November 2017, thereby dismissing the appeal preferred by the appellant challenging the judgment and order dated 17 th June 2016, passed by the Additional Ses...
On Tuesday, the Supreme Court commuted the death sentence of a man accused of rape and murder of a three year old girl child, considering his socio-economic background and the possibility of reform and rehabilitated. "It therefore cannot be said that there is no possibility of the appellant being reformed and rehabilit...
2. This appeal challenges the judgment and order dated 29.9.2021 passed by the High Court of Karnataka at Bengaluru, dismissing Writ Petition No. 53944/2016 (GM-Res) preferred by the appellant herein. Said writ petition had prayed, inter alia, for following reliefs: - (A) “Issue appropriate writs, orders or d...
The Supreme Court commuted death sentence of a murder accused taking into account his illegal solitary confinement for about ten years. BA Umesh alias Umesh Reddy, an ex-cop, was sentenced to death in a rape and murder case by a Sessions Court in Bengaluru upon being convicted in the year 2006. He was found guilty of r...
for the petitioner. The case has been taken up for hearing through video conferencing. Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.188 dated 08.04.2020 registered under Sections 15, 18, 27A, 29 of NDPS Act, under Sections 140, 188, 216, 419, 420, 467, 468, 471, 474 IPC a...
The High Court of Punjab & Haryana has held that a statement under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be used as a confessional statement in the trial of an offense under the Act. However, a bench of Justice Raj Mohan Singh relied on the case of Tofan Singh vs. State of Tamil Nadu...
ivil Appeal No. 2653 of 1980. From the Judgment and Order dated 24.7.1980 of the Delhi High Court in L.P.A. No. 113 of 1980. V.M. Tarkunde, A.B. Lal and V.N. Ganpule for the Appellant. T.S.K. Iyer and Ms. A. Subhashini for the Respondents. The Judgment of the Court was delivered by AHMADI, J. The appellant Ajit Singh w...
The appellant was working as Private Secretary to the Deputy Election Commissioner until July .26, 1977 when the Deputy Election Officer under he whom was working relin quished his charge. One Tilak Raj who was working as Private Secretary to Chief Election Commissioner was promoted as Under Secretary. In order to fill...
1. The instant appeal has been preferred by the appellants/plaintiffs assailing the judgment dated 8th July, 2009, upholding the judgment and decree of the Court of appeal dated 28th March, 2006 holding that the Civil Court has no jurisdiction to entertain and try the suit for possession in refe...
The Supreme Court has held that the jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.The Court held this while explaining the interplay between the Burmah Shell (Acqui...
Minutes of the virtual meeting of the Urgent General Body Meeting of the Members of the Consumer Courts Advocates’ Association, Maharashtra & Goa (CCAA) held on 27/2/2022 1. A judicial misconduct on the part of the current Acting President, Dr Santosh K Kakade, hereinafter referred to as the Acting President of State C...
The Consumer Courts' Advocates Association Maharashtra and Goa has accused the acting president of the State Consumer Disputes Redressal Commission (Maharashtra) – Dr Santosh Kakade - of "judicial misconduct" for dismissing a medical negligence case against himself. He restored the case last month. The association has ...
2. This appeal has been filed against the judgment of the High Court dated 01.09.2015 dismissing the Criminal Revision filed by the appellant challenging his conviction and sentence under Section 279, 337 and 338 The appellant, a bus driver, while driving bus No.KL7D 4770 caused ...
The Supreme Court sentenced a bus driver accused of causing accident by rash driving 26 years ago to a fine of Rs. 2000.Surendran, while driving bus caused an accident on 16.02.1995 in which a car driver was injured. He was charged with offence under Sections 279, 337 and 338 IPC. The Judicial First Class Magistrate co...
2. The appellants before us are Oil and Natural Gas Corporation Limited (in short “ONGC”), a public sector undertaking engaged in the business of exploration and production of oil and gas. In this appeal, they assail a judgment of the Bombay High Court delivered on 30th January, 2020 in Writ Petition No. 13015 of ...
The Supreme Court has held that a minority Union of workers, who were not party to the settlement entered between the majority Union and the employer, is not bound by the same and is free to raise an industrial dispute claiming to be workmen directly under the principal employer. A Bench comprising Justices L. Nageswar...
2. These appeals have been preferred by the informant ­ appellant assailing the orders dated 22.07.2021 and 13.09.2021 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Nos.11683 of 2021 and 26463 of 2021 respectively whereby bail has been granted to the accused who is the common ...
The Supreme Court held that if an order granting bail was bereft of relevant reasons then the same would entitle the prosecution or the informant to assail it before a higher forum. The Apex Court clarified that though elaborate reasons are not required to be assigned while granting bail, a cryptic order devoid of any ...
Heard learned counsel for the parties at length. Leave granted. The short question, on which the present appeal has been preferred, is that the High Court, vide its impugned Judgment dated 25.08.2017, reduced the compensation payable to the appellant(s) – claimants whose son had suffered fatal injuries and pa...
The Supreme Court held that the age of the deceased and not the age of the dependents in case of the death of a bachelor is to be the basis for multiplier. The order was passed by a bench comprising Justice Ravindra Bhat and Justice Sudhanshu Dhulia. The issue at hand concerned a High Court judgement which had reduced...
1. The Petitioner, who is an Additional Director General (Electrical & Mechanical) [„ADG (E&M)] in the Central Public Works Department („CPWD‟), has filed the present petition challenging the order of the Central Administrative Tribunal („CAT‟) dated 22nd November, 2018 in OA No.2350/ 2018, filed by the Petitioner. Res...
On Friday, the Supreme Court found no fault with the view taken by the Delhi High Court, that it is not within the domain of the Departmental Promotion Committee (DPC) to downgrade the Annual Performance Appraisal Report (APAR) for a previous year that had already been acted upon. The Apex Court observed that the DPC c...
Criminal Appeals No.598­600 of 2013 have been preferred by accused Ajai alias Ajju, Braj Pal and Ravi respectively. Ajai alias Ajju has since died, as reported by the learned counsel for both the sides. Accordingly, Criminal Appeal No.598 of 2013 stands abated. Criminal Appeal No.337 of 2014 has been preferred by accus...
"It is not the quantity of the witnesses but the quality of witnesses which matters", observed the Supreme Court while affirming the conviction and sentence of four persons for murder of four persons. Only one eye-witness was examined in the case. She was one Pinky Singh, whose parents, brother and brother-in-law were ...
2. A claim arising out of injuries caused in a motor accident that has reached its fruition more than 20 years later before this Court, which we find extremely distressing. The original claimant and his wife, both did not survive the ordeal to see the fruits of the litigation which is now being pursued by thei...
The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that th...
1. The present appeal has been filed against the order of the Division Bench of the High Court finding the appellants guilty of willful disobedience of the order passed in Writ Petition (Civil) No. 5491 of 2001 etc. dated 12.09.2008 in respect to the levy made while upholding Section 21 of the Assam Agricultural Produc...
The Supreme Court observed that vicarious liability as a principle cannot be applied to a case of contempt.Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge, the bench of Justices Sanjay Kishan Kaul a...
Appeal No. 628 of 1961. Appeal from the judgment and order dated February 24, 1960, of the Kerala High Court in Tax Revision Case No. 22 of 1957. G. B. Pai, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant. 609 V. P. Gopalan Nambiar, Advocate General, State of Kerala and Sardar Bahadur, for the res...
The sales of teas were by auction which was conducted in Fort Cochin in Madras State. The price was paid in Fort Cochin and delivery orders were also given there for goods which were at Willingdon Island in Travancore Cochin State. From Willingdon Islands the goods were sent for consumption to other States and to forei...
ivil Appeal Nos. 1506 1507 of 1974. From the Judgment and Order dated 4.8.1972 of the Guja rat High Court in Special Civil Appln. No. 121 of 1972 and 1187 of 1970. 248 G.A. Shah and M.N. Shroff for the Appellants. V.V. Vaze, Ms. Gitanjali, P.H. Parekh (N.P.), Vimal Dave (N.P.) and M. Mudgal (N.P.) for the Respondents. ...
A preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 was made on 26.7.1963. The decla ration under Section 6 was duly notified on 16/18.1.1969. A Writ Petition was filed in the High Court challenging the declaration. The High Court took notice of the Land Acquisi tion (Amendment & Validation)...
1. The petitioner challenges the legality and validity of the rejection order passed by the Director of Elementary Education, Orissa dated 14.02.2022 for Inter-District transferring and prays for quashing of the same on the ground that no inter seniority can be fixed on the basis of date of birth of th...
In an important decision, which can be tagged as a remarkable quantum leap in the field of disability jurisprudence, the Orissa High Court has held that bar against 'inter-district transfer' cannot be made applicable to teachers who are recognised as persons with disabilities. A Single Judge Bench of Dr. Justice Sanjee...
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.06.2022 passed by the High Court at Calcutta in Revision Application No. 1328/2022, by which the High Court has dismissed the said revision application preferred by the appellant – accused and has confirmed the order passed by th...
The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 CrPC. In this case, the accused filed a discharge application under Section 227 r/w Section 300(1) Cr.P.C. before the Trial Court. He contended that he had already bee...
1. Special leave to appeal granted. With the consent of learned counsel for the parties, the appeal was heard finally. 2. What is involved in this case, is the fixation of date for the implementation of the Fifth Pay Commission recommendations, when applied to the respondent Corporation. That framing ...
The Supreme Court has held that employees who retired under the Voluntary Retirement Scheme (VRS) cannot claim parity with others who retired upon achieving the age of superannuation for the purposes of pay revision. Factual Matrix leading to the Civil Appeal What was up for challenge before the bench of Justices Anir...
1. These Criminal Appeals are directed against the judgment of the High Court of Madhya Pradesh at Gwalior by which the conviction of the Appellants under Sections 147, 302/149, 325/149, 324/149, 323/149 and their sentences were upheld. On the oral report given by Solal son of Girdhari (PW-10), FIR No.48 of 1995 was ...
The Supreme Court has converted the conviction of appellants from Murder (S.302/149) to Voluntarily causing grievous hurt by dangerous weapons (326/149) under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and ...
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 06.12.2013 passed by the High Court of Andhra Pradesh at Hyderabad in respective first appeals No. 1634 of 2001 and other allied appeals, the original land owners/claimants have preferred the present appeals seeking enhancement o...
The Supreme Court reiterated that the purpose for which the land acquisition is made is also a relevant factor for determining the market value A large extent of land in Adrial Village of Manthani Mandal, Karimnagar District of Andhra Pradesh was acquired by the State Government for the benefit of Singareni Collieries ...
“Was’t Hamlet wronged Laertes? Never Hamlet. If Hamlet from himself be ta'en away, And when he's not himself does wrong Laertes, Then Hamlet does it not; Hamlet denies it. Who does it, then? His madness. if't be so, Hamlet is of the faction that is wronged; His madness is poor Hamlet's enemy.” 1. While acknowledging th...
Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offence of murder. The Court noted that the appellant was undergoing treatment for schizophrenia at the time of the offence which took place in 2004. There was evidence on record that ...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.08.2019 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Application No. 50530 of 2019, by which the High Court has allowed the said bail to respondent No.2 herein – accused, the original informant – complain...
The Supreme Court observed that an absconder/proclaimed offender is not entitled to relief of anticipatory bail.In this case, the Trial Court dismissed the anticipatory bail application on the ground that as the accused is absconding and even the proceedings under section 82/83 Cr.PC have been issued, the accused is no...
Vikram Singh @ Vicky Walia son of Shri Gurjinder Singh alongwith two others was found guilty of the offences punishable under Sections 302, 364-A and 201 read with Section 120B of the Indian Penal Code, 1860 (“IPC” for short) and was sentenced to death in respect of the offences punishable under Sections 302...
The Supreme Court has permitted a death row convict to to attend the last rites and ceremonies of his deceased mother under police escort.Vikram Singh @ Vicky Walia and Jasvir Singh were convicted and sentenced to death for the offence of kidnapping Abhi Verma alias Harry, a school student, in Hoshiarpur, and killing h...
2. The controversy involved in these proceedings relates to the issue as to whether the appellants possessed the eligibility criteria for appointment to the posts of High School Assistants in the State of Kerala. The main dispute is over the question as to whether the appellants’ B.Ed. degrees were in the subjects ...
The Supreme Court has held that candidates with B.ED degree in 'Biological Science' are eligible to apply to the post of High School Assistant (Natural Sciences) in government schools in Kerala.A bench comprising Justice L Nageswara Rao and Justice Aniruddha Bose set aside the judgments of the Kerala High Court which h...
1. On 10th February 2020, for the reasons recorded, a Bench of two Hon’ble judges of this Court came to the conclusion that the view taken by this Court in the case of State of Uttar Pradesh v. Preetam Singh & Ors.1 (Preetam Singh’s case) needs reconsideration. Under Section 3 of the Uttar Pradesh Avas Evam Vikas...
The Supreme Court has reiterated and held that "where an enactment requires to do a certain thing in a certain way, the thing must be done in that way and in no other manner" in the judgment of State of U.P. & Ors. vs. Virendra Kumar & Ors. A bench of Justices Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath have deli...
ivil Appeal No. 3544 of 1989. From the Judgment and Order No. 131/89 D dated 9.5. 1989 of the Central Excises & Gold (Control) Appellate Tribunal, New Delhi in Appeal No. E/1176/88 D. Rajiv Dutta, Nimish Kothare and K.K. Patel for the Appel lant. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This i...
The appellant is a manufacturer of various types of food products known as Sapaghetti, Macaroni, Vermicelli, etc., failing under Heading No. 1902.10 of the Central Excise Tariff Act. The said goods had been made dutiable only by the Finance Bill 1987 88 with effect from Ist March, 1987. The appellant claimed that their...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.04.2016 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur in W.P. No. 3342/2015, by which, the High Court has allowed the said writ petition preferred by respondent No. 1 herein and has set aside the order p...
The Supreme Court observed that, under Order XXI Rule 84 CPC, the deposit of 25% of the amount by the auction purchaser is mandatory. The full amount of the purchase money must be paid within fifteen days from the date of the sale, the bench of Justices M R Shah and CT Ravikumar observed In this case, the property in q...
1. The present PIL is filed with the following reliefs: “a. This Hon'ble Court may be please to declare that the conduct of the Respondent No. 1 & 2 have disqualified themselves for holding any constitutional posts of Vice President and Minister of the Union Cabinet respectively by expressing lack of faith in the Co...
"The credibility of the Hon’ble Supreme Court of India is sky-high. It cannot be eroded or impinged by the statements of individuals," the Bombay High Court said in a detailed order dismissing the PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju. "The Constitution of India is supreme and s...
“En Kadhala” in the album “Naatpadu Theral” is yet another Vairamuthu melody. The song celebrates the irrelevance of the age factor to a person in love. However, the visualization of the song carries a deeper undertone – the relationship between humans and nature. One sees a plant lovingly bowing down and touching the ...
Offensive words used against "Bharat Mata" and "Bhuma Devi" attract the offence of hurting religious sentiments under Section 295A of the Indian Penal Code, held the Madras High Court while refusing to quash the FIR registered against Catholic Priest George Ponniah.The priest was booked for a derogatory and provocative...
When these applications for condonation of delay in making and restoration of the application for exemption from surrendering were listed before me, I enquired from the advocate for the petitioner the need for seeking an exemption from surrendering when the order impugned is only a ca...
"The officers of the Registry must know the Supreme Court Rules like the back of one's hand."The Supreme Court observed that an application seeking exemption from surrendering is not required to be filed along with a special leave petitions against cancellation of bail orders.Justice Pamidighantam Sri Narasimha, while ...
This is an application for cancellation of bail by resorting to the provision of Section 439 (2) of the Code of Criminal Procedure. 2. The applicant, who was then still less than 18 years of age, set the criminal law in motion by filing an FIR on 17.12.2019 on the basis of which offence was registered und...
The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order...
2. Assailing the order dated 22.7.2021 passed in Criminal RC(MD) No. 379 of 2021 and Crl. MP (MD) No. 3829 of 2021 by the Madras High Court, Madurai Bench, confirming the order dated 13.5.2021 of the respondent No. 1 in MC No. 95 of 2021 (A3), the present appeal has been filed by the appellant. 3. The facts...
While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court ex...
Heard learned counsel for the parties. We are appalled to notice that the appellant is in jail in connection with the crime registered by FIR No. 226 of 2009 for more than 12 years and the trial is still not concluded. Resultantly, in the interest of justice, we direct that, during the pendency of Sessions Trial No.3(1...
The Supreme Court, on Monday, granted bail to an under trial who is in jail for more than 12 years in connection with a crime registered in 2009. "We are appalled to notice that the appellant is in jail in connection with the crime registered by FIR No. 226 of 2009 for more than 12 years and the trial is still not conc...
1. This appeal arises out of an unfortunate dispute between the appellant no.1 - wife and the respondent no.1 - husband over the custody of their minor male child Aaditya Kiran. This appeal takes an exception to the Judgment and order dated 31 st August 2021 passed by the learned Single Judge of the Punjab and Harya...
The Supreme Court observed that a court while deciding an issue of child custody cannot direct a parent to leave India and to go abroad with the child."A writ Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the ...
The Appellants are before this Court assailing the Judgment dated 20.02.2018, passed by the High Court of Madhya Pradesh in Misc. Appeal No. 938/2010. The said appeal before the High Court was filed by the claimants in Motor Vehicles Claim Case No. 176/2009 seeking enhancement of the compensation as against the amount ...
The Supreme Court observed that Motor Accident Compensation exceeding the claimed amount can be awarded.In the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value, the bench comprising ...
1. An unfortunate incident took place on 10.11.2019, which is alleged by the complainant to be caused by certain members of his caste providing assistance to the police which resulted in a free fight where the appellants herein were also present. Two persons succumbed to their injuries and an FIR was registered on 11...
The Supreme Court observed that a condition for payment of compensation to victims cannot be imposed at the stage of bail."We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a ...
ivil Appeal No. 2472 of 1989. From the Judgment and Order dated 23.4.1987 of the Orissa High Court in M.A. No. 332 of 1984. A.K. Panda for the Appellant. R.K. Sahoo for the Respondent. The Judgment of the Court was delivered by SHARMA, J. This appeal by special leave by the State of Orissa is directed against the judgm...
The Respondent executed certain works under a written agreement with the appellant and a dispute arose thereunder which was referred to arbitration. The arbitrator made an award which was filed in Court. The appellant raised several objections which were all overruled by the Trial Court, and the award was made a rule o...
order dated 17.01.2022 passed by the High Court for the State of Telangana at Hyderabad in CRP No. 2374/2019 & 2304/2019, by which the High Court has dismissed the said revision petitions preferred by the appellant herein, the original revisionist has preferred the present appeals. 2. The facts leading to the prese...
The Supreme Court recently rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time. Observing that the time for paying sale consideration cannot be extended as a matter of course, the Apex...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.02.2018 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Petition No. 3190/2018, by which the High Court has dismissed the said writ petition by holding that the original writ petitioners are not entit...
The Supreme Court, on Monday, directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. v. UoI And Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited depa...
Two affidavits have been filed before us. The first affidavit is filed by the Registrar General of the High Court of Odisha in respect of the steps taken for providing virtual access which would obviate the need for any Benches. There are 30 district Courts functioning in the State of Odisha and the status report ...
The State of Odisha is not large enough to merit the demand for the constitution of permanent benches outside Cuttack, the Supreme Court of India said on Monday. A Bench comprising Justices Sanjay Kishan Kaul and Abhay S. Oka was dealing with the problem of lawyers abstaining from work in several districts of Odisha ov...
1. The present appeal is directed against an order passed in an intra- court appeal by the Division Bench of the High Court of Delhi at New Delhi on 28.5.2012 whereby the judgment and decree passed by the learned Single Bench of the High Court was set aside and the suit filed by the appellant-plaintiff was dismissed....
The Supreme Court has observed in its judgment delivered on December 16 that the examination of the author of a document is not required, if they had not denied their signature on the document, but only pleaded duress in execution of the same. "The High Court,in the impugned judgment, erred in holding that the appellan...
Case :- APPLICATION U/S 482 No. - 1540 of 2022 Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Heard learned counsel for the applicants, learned A.G.A. for the State by means of Video-Conferencing and perused the record. This Application under Section 482 Cr.P.C. has been filed with a prayer to...
The Allahabad High Court has observed that Conducting or not conducting preliminary enquiry is the domain of Investigating Officer on which basis, F.I.R. cannot be quashed. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the vict...
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 21.02.2022 passed by the High Court of Kerala at Ernakulam in Regular First Appeal Nos. 686/2010 and 766/2010, by which, the High Court has dismissed RFA No. 766/2010 preferred by the appellant herein – original plaintiff a...
The Supreme Court observed that a specific issue on readiness and willingness on the part of the plaintiff must be framed by the trial court in a suit for specific performance. The object and purpose of framing the issue is so that the parties to the suit can lead the specific evidence on the same, the bench of Justice...
2. The present batch of petitions concerns the loss of investor wealth in the securities market over the last few weeks because of a steep decline in the share price of the Adani Group of companies. The decline in the share price was precipitated by a report published by Hindenburg Research on 24 January 2023. Thi...
The Supreme Court on Thursday directed the Securities and Exchange Board of India (SEBI) to complete the investigation of the Adani-Hindenburg issue within a period of two months and file a status report before the Court. The bench noted the stand of the SEBI is that it is already investigating into the allegations of ...
1. The review petitioners have approached this Court seeking review of the order passed by this Court dated 20.7.2020 thereby dismissing the Special Leave Petition (Civil) Nos. 31037­31038 of 2016 filed by Glocal University, Glocal Medical College, Super Specialty Hospital and Research Centre (hereinafter referred...
No sympathies can be shown to students who have entered through backdoor, the Supreme Court observed while dismissing review petitions filed by some medical students.The bench of Justices L. Nageswara Rao, BR Gavai and Krishna Murari observed that the medical admissions conducted through the private counselling is ille...
1. As common question of law and facts arise in this group of writ petitions/special leave petitions, they are being disposed of by this common order. 2. For the sake of convenience, Writ Petition (C) No.409 of 2022- Dr. Astha Goel and Ors. Vs. The Medical Counselling Committee & Ors. is treated as the lead mat...
The Supreme Court has dismissed the plea seeking a Special Stray Round of counselling for NEET-PG 2021, to allow the candidates to participate for vacant seats available after the conduct of a stray vacant round of AIQ. A Bench comprising Justices MR Shah and Aniruddha Bose observed, "When a conscious decision has been...
(1) By the impugned order, the appellant is denied bail which is sought under Section 439 of the Code of Criminal Procedure. The appellant was arrested on 08.05.2014 in connection with FIR 113/2014 of Police Station Pratapnagar, Jodhpur for offences punishable under Sections 10, 13, 15, 16, 17, 18, 18A, 18B,...
The Supreme Court granted bail to a UAPA under-trial accused who was in custody for nearly 8 years.Jahir Hak was arrested on 08.05.2014 in connection with FIR for offences punishable under Sections 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act, 1967. A chargesheet was f...
ivil Appeal No. 4 177 of 1989. From the Judgment and Order dated 28.3.1989 of the Madras High Court in O.S.A. No. 48 of 1989. K.K. Venugopal, K. Chandra Mouli, Ms. Meenakshi Sundaram and K.K. Mani for the Appellant. Dr. Y.S. Chitale, V.G. Pragasam, Satya Mitra Garg, V. Prakash and R. Venkataramani for the Respondent. T...
The appellant company is engaged in the business of transport of goods and parcels in Southern India and for that purpose has appointed agents at various stations. The respondent was one such agent appointed at Madras. As pro vided in clause III of the Contract, the respondent was to arrange a suitable godown and engag...
2. The present appeal is directed against the judgment and order dated 24th April, 2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the NCDRC) in Revision Petition No. 897 of 2018, whereby the NCDRC while allowing the said Revision Petition, has set aside the or...
The Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy.The bench of Justices Sanjiv Khanna and Bela M. Trivedi said that the terms of insurance policy have to be strictly construed. In a contract of insurance there is a requirement of Uberrima ...
1 The Special Leave Petition arises from an interlocutory order dated 7 March 2022 of a Division Bench of the High Court of Judicature at Bombay in Public Interest Litigation (L) No 9775 of 2020. 2 The petitioners claim to be aggregators within the meaning of Section 2(1A) of the Motor Vehicles Act 1988...
The Supreme Court on Monday, directed Uber to apply for a license as per Section 93(1) of the Motor Vehicle Amendment Act, 2019 within a period of 3 weeks (on or before 6th March, 2023), to continue its services as an aggregator in the State of Maharashtra. At the same time, the Court also allowed Uber to make a repres...
Heard Sri Dharmendra Kumar Pandey, learned counsel for the petitioner and Sri Govind Narain Srivastava,learned Standing counsel for the State respondent nos. 1 to 3. The present writ petition under Article 226 of the Constitution has been filed for quashing the impugned order dated 23.01.2014 passed by the respondent n...
The Allahabad High Court has directed the State Government to count the period of ad-hoc service rendered to grant pensionary benefits to an employee who retired in 2013 with a regular service record of over 17 years. With this, the bench of Justice Rajiv Joshi quashed an order of the District Inspector of Schools, Fir...
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18303 of 2020 Counsel for Applicant :- Siddhartha Mishra,Ali Hasan,Istiyaq Counsel for Opposite Party :- G.A. 1. Heard Mr. Daya Shankar Mishra, learned Senior Advocate assisted by Mr. Abhishek Mishra, learned counsel for the applicant and learned A.G.A. for the opposite ...
The Allahabad High Court has granted conditional bail to an NDPS Accused Wali Hasan, accused of smuggling 201 kg of ganja in view of the fact that the sampling of the Ganja was not done as per the Standing Order/Instruction No.1 of 1989.The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassa...
2. This batch of appeals challenge the judgment and order dated 28th May, 2020, passed by the Allahabad High Court in various writ petitions filed by the allottees of plots of land. The writ petitions were filed challenging the demand of additional amount made by the appellant herein­Yamuna Expressway Industrial Deve...
Recently, the Supreme Court reiterated that change in policy by the Government, if guided by reason and done in public interest, would prevail over private agreements entered between Governments and private parties. The Court held : "...it is more than settled that a change in policy by the Government can have an overr...
This appeal has been preferred by the informant­appellant assailing Order dated 7th May, 2020 passed by the High Court of Judicature of Rajasthan, at Jaipur, in S.B. Criminal Miscellaneous Bail Application No. 3601/2020, whereby bail has been granted to the accused who is the second respondent in the ins...
The Supreme Court held that bail cannot be granted by a cryptic and causal order without considering the material aspects of the case. The Apex Court further clarified that even if no new circumstances have developed after the grant of bail, the State is entitled to seek cancellation of bail, if it had been granted ign...
1. This appeal arises out of an unfortunate dispute between the appellant no.1 - wife and the respondent no.1 - husband over the custody of their minor male child Aaditya Kiran. This appeal takes an exception to the Judgment and order dated 31 st August 2021 passed by the learned Single Judge of the Punjab and Harya...
The Supreme Court has observed that the rights of the parents are irrelevant when a Court decides the issue of custody of their minor child.The issue of custody of a minor, whether in a petition seeking habeas corpus or in a custody petition, has to be decided on the touchstone of the principle that the welfare of a mi...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.03.2020 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in M.P. No. 508 of 2019, by which the High Court has allowed the said writ petition and has quashed and set aside the order passed by the Addi...
The Supreme Court observed that mutation entry in the revenue record is only for fiscal purposes and does not confer any right, title or interest in favour of a person."If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the part...
1. The appellant Kewal Krishan and his elder brother (one of the respondents) Sudarshan Kumar acquired the properties which are the subject matter of these appeals (for short “the suit properties”) under 12th August 1976 and 19th October 1976. 2. The appellant Kewal Krishan executed a power of attorney in favo...
The Supreme Court observed that the payment of price is an essential part of a sale.If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law, the bench comprising Justices Ajay...
The appellant was convicted by the Trial Court for offences punishable under Sections 121,122, 124-A of IPC and sentenced to undergo life imprisonment with fine of Rs. 25,000/-. Further, the appellant was convicted under Section 25 of the Arms Act, 1959 and sentenced to five years with fine of Rs.25,000/- He wa...
Supreme Court today has ordered the release of an alleged Lashkar-e-Taiba Member incarcerated since 2006 in Kalaburgi jail in a case related to recovery of a pistol and two hand grenades.The order was passed in an appeal filed by one Abdul Raheman who is said to have undergone a sentence of more than 15 years. Allegedl...
Writ Petition (Crimi nal) No. 184 of 1989. (Under Article 32 of the Constitution of India). Kapil Sibbal, K.K. Lahiri, K.R. Nagaraja and R.S. Hegde for the Petitioner. V.C. Mahanjan, T.V.S.N. Chari and Ms. A. Subhashini for the Respondents. 344 The Judgment of the Court was delivered by DUTT, J. In this writ petition t...
Sub section (4) of section 3 of the provides that no order passed by an officer men tioned in sub section (3) shah remain in force for more than twelve days after the making thereof unless, in the mean time, it has been approved by the State Government. The Commissioner of Police, Delhi, in exercise of the powers confe...
1. By invoking Section 374 of the Code of Criminal Procedure, appellants, who are the original accused Nos. 1 to 3 have taken exception to the Judgment and Order of conviction passed by the learned District Judge – 7 & Additional Sessions Judge, Nashik dated 08.06.2015 in Sessions Case No. 142 of 2013, the...
A single deathly blow doesn’t warrant commuting a murder conviction to culpable homicide, the Bombay High court observed while upholding the life sentence of a man who struck his neighbour with a sickle in 2012. A division bench of Justices Sunil Shukre and Abhay Waghwase refused to commute 25-year-old Murlidhar Bombal...
The short issue before us is whether the anticipatory bail application of the appellant ought to have been allowed. We may note that as per the Order dated 02.8.2021 we had granted interim protection. The fact which emerges is that the appellant along with 83 other private persons were sou...
Merely because an arrest can be made because it is lawful does not mandate that arrest must be made, the Supreme Court recently observed.The bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy observed that personal liberty is an important aspect of our constitutional mandate.In this case, the appellant along with ...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.06.2021 passed by the High Court of Judicature at Allahabad in Crl. Misc. Anticipatory Bail No.6648 of 2021 by which the High Court has refused the prayer of the applicant for grant of anticipatory bail, the original accus...
The Supreme Court observed that a Court shall not come to the rescue or help an absconding accused who is not cooperating with the investigation.The bench of Justices MR Shah and AS Bopanna observed thus while upholding an Allahabad High Court order refusing anticipatory bail.The accused, Sanatan Pandey, was charged fo...
2. Perused the First Information Report (FIR) and the statements of relevant witnesses with the assistance of the learned Counsel for the applicants, learned APP and the learned Counsel for non-applicant no. 2. 3. Although, it is the contention of the learned counsel for the applicants that the ...
The Bombay High Court recently held that a husband marrying another woman during the existence of first marriage and without his wife's consent constitutes cruelty under section 498-A of the IPC. "Marrying another woman by the husband during existence of his first marriage is something which is most likely to cause tr...
1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the order dated 18.09.2018 passed by the Metropolitan Magistrate-06, New Delhi, Patiala House Courts, Delhi, whereby cognizance was taken in pursuance of charge sheet dated 04.12.2017 filed in FIR n...
The Delhi High Court has observed that taking of cognizance is a judicial function and that the judicial orders cannot be passed in a mechanical or cryptic manner. Justice Sudhir Kumar Jain has added that at time of taking cognizance, a Magistrate is not required to consider the defence of the proposed accused or to e...
This is an application to condone the delay of 1062 days in preferring the 2. We have heard Sri. Ramesh Babu, the learned senior counsel appearing for the petitioners as instructed by C.Muralikrishnan, the learned counsel and Sri. Praveen K.Joy, the learned counsel appearing for the 3. This litigation has a lon...
The Kerala High Court recently declined to allow an application that sought to condone the delay of 1062 days in preferring the Review Petition since the applicant had failed to make out a sufficient cause for the excessive delay. A Division Bench of Justice Raja Vijayaraghavan V and Justice T.R Ravi observed,"We have ...
Arbitration Proceedings from the stage where the impugned order came to be passed, in accordance with law. (C) Pending admission, hearing and final disposal of the present petition the Respondent No. 2, be restrained from proceeding further with the Arbitration Proceeding, as notified in the Notice dated 25.04.201...
The High Court of Gujarat has held that a writ petition would not be maintainable against an order of the arbitral tribunal whereby it has rejected the claim of a party on the ground that its pleadings were without verification and affidavit to that effect. The Single Bench of Justice Vaibhavi D. Nanavati held that on...
Is the Creator or Administrator of a WhatsApp group criminally liable for offensive 2. Gone are the days, when we used short message service or a formal website chat- box to communicate with our kith and kin. They were replaced by personalised messaging apps like WhatsApp, Facebook Messenger, Viber etc. Launched in 200...
In a noteworthy decision, the Kerala High Court on Wednesday has ruled that the admin of a WhatsApp group cannot be held vicariously liable if a member of the group posts objectionable content in the group. Justice Kauser Edappagath observed that this was so because vicarious liability in criminal law can only be faste...
These appeals have been filed by the appellants/ accused Nos.1 to 4 as against the conviction and sentence, dated 12.11.2019, made in S.C.No. 294 of 2017, by the learned I Additional District and Sessions Judge, 2. The appellants/A1 to A4 stood convicted and sentenced to undergo imprisonment as detailed hereunder: Conv...
Observing that extraction of Section 161(3) of Cr. P.C statement in cross-examination cannot be construed as a substantive piece of evidence, Madurai Bench of Madras High Court has set aside an order of trial court sentencing three murder accused to life sentence. The court iterated that substantive evidence is the evi...
1. No one is present either for the applicant or for respondents no. 2 to 6 when this case is taken up for hearing. Learned A.G.A. is however present for the State. 2. Instant appeal has been filed by the victim under Section 372 Cr.P.C. against the judgment and order dated 07.03.2013 passed by the Judicial Mag...
The Allahabad High Court has reiterated that no appeal can be maintained by the victim under Section 372 CrPC on the ground of inadequacy of sentence and therefore, the appeal preferred by the 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] of the crime against the inadequacy of sentence is not maintainable....
TION: Criminal Appeal No. 624 of 1989. From the Judgment and Order dated 31.7. 1989 of the Punjab and Haryana High Court in Crl. W.A. No. 2365 of 1988. K. Parasaran, Attorney General and R.S. Suri for the Appellant. Kapil Sibal, H.S. Randhwa and Ms. Kamini Jaiswal for the Respondents. The Judgment of the Court was deli...
Sri Sukhjinder Singh has been under detention pursuant to the order dated 28.5.1988 of the Government of Punjab, Department of Home Affairs and Justice passed in exercise of the powers conferred by sub section (2) of Section 3 of the hereinafter referred to as "the Act" read with section 14A as inserted by National Sec...
% Reserved on: December 01, 2022 Pronounced on: January 11, 2023 11) + W.P.(C) 15271/2022 and CM APPL. 47344/2022 W.P.(C) 12712/2021 & connected petitions Page 1 of 58 W.P.(C) 12712/2021 & connected petitions Page 2 ...
The Delhi High Court has ruled that the benefit of Old Pension Scheme (OPS) in accordance with CCS (Pension) Rules, 1972 shall be applicable for all the personnel of Central Armed Police Forces and directed the Centre to issue necessary orders within eight weeks. The division bench of Justice Suresh Kumar Kait and Just...
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT S.B. Civil Writ Petition No. 545/2022 1. Shobha W/o Kishana Ram D/o Shri Igya Ram, Aged About 18 Years, By Caste Jat, R/o Beganiyo Ki Dhani, Bairdo Ka Bas, Cherai, Osian, District Jodhpur. 2. Kishana Ram S/o Shri Rupa Ram, Aged Abo...
The Rajasthan High Court has denied Police protection to a runaway couple, apprehending threat from their families. The court observed that there is no material or reason for it to conclude that the petitioners' life and liberty are at peril. Justice Dinesh Mehta further observed, "If the petitioners have decided to ma...
This is the third bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. His first bail application i.e. M.Cr.C.No.2103/2021 was disposed of on 27/04/2021 and second bail application i.e. M.Cr.C. No.50669/2021 was dismissed as wit...
Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted. Justice Anil Verma observed: "At the stage of consid...
Petitioners are the accused in S.C. No. 215 of 2019 on the file of the Assistant Sessions Court, Kasaragod which originated from the final report in Crime No. 646 of 2017 of Kasaragod police station where offences under Sections 143, 147, 148, 341, 323, 324, 506(ii), 308 read with Section 149 of the IPC are alleged aga...
The Court observed that moral policing involves "mental depravity".The Kerala High Court recently ruled that moral policing is an offence that involves mental depravity and that such cases cannot be quashed on the ground of settlement between the accused and complainant. Justice K. Haripal was adjudicating upon a case ...
The Appeal has been filed seeking to set aside the order dated 11.9.2018 passed by the Additional District and Sessions Judge, Fast Track Court, Vellore made in S.C.No.90 of 2017. 2. The appellant stands convicted and sentenced as under:- 302 IPC Life imprisonment with fine of Rs.2000/- in default to...
The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. Justice S Vaidyanatha...
1. Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally. This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order passed by the learned Additional Sessions Judge, Pune on 3 rd September, ...
Consent obtained for sex in a second marriage without disclosing first marriage would prime facie constitute rape, the Bombay High Court held refusing to discharge the 'husband' in a rape case filed by a Marathi actress. Justice N.J. Jamadar held that prima facie, clause four of section 375 of the Penal Code under whic...
1. The appellants have challenged the judgment and order dated 10.8.2018 passed by the Additional Sessions Judge, Mangaon, Raigad in Sessions Case No.27/2016. By the impugned judgment and order, the appellants, who are the original accused Nos.1 to 4, were convicted for commission of the offence punishable...
The Bombay High Court overturned conviction of four accused in a dacoity case observing that the prosecution's evidence was unreliable due to irregularities in arranging the test identification parade. Justice Sarang V. Kotwal acquitted the appellants in a criminal appeal against their conviction. "In this particular c...
Present: - Ms.Jyoti Sareen, Advocate, for the petitioner. Mr.ADS Sukhija, Advocate, for the respondents. The petitioner is the proprietor of a proprietary concern by name, M/s New Bajaj Electronics, dealing in the business of electronic His brother was the proprietor of another proprietary concern by These two concerns...
A Division Bench comprising of Justice M.S. Ramachandra Rao and Justice Jasjit Singh Bedi of the Punjab and Haryana High Court, in the matter of Amrik Singh v DCB Bank Ltd. and Anr., has held that the High Court, in the exercise of its powers under Article 226 of the Constitution of India, can grant an extension of tim...
Mr. S. G. Chapalgaonkar, Advocate for Respondent no.2 1. The appellant takes exception to the order passed by the learned Commissioner for Workmen’s Compensation and Judge Labour Court at Latur in Application (WCA) No. 4 of 98 dated 2. The facts giving rise to the Appeal were that the appellant was a driver...
The Bombay High Court recently dealt with a case wherein a truck driver, who was the employee of the owner of the truck met with a vehicular accident. As he had initiated compensation proceedings under section 140 of the Motor Vehicles Act 1988 ("M.V. Act"), his claim for compensation under the Workmen's Compensation A...
1. This Second Review Petition has been preferred by the petitioner, who appeared in person after dismissal of his first review petition by this Court bearing No. 3119 of 2020 on 5 th 2. Before adverting to the legal aspect as to whether second review is tenable in the given facts and circumstances, it would be ...
The Bombay High Court recently reprimanded a Pune resident, seeking second review of the court's earlier decision, stating that the petition was without merit and constituted abuse of process and law. A penalty of Rs. 1 lakh was imposed on the petitioner. The petitioner had filed multiple similar cases in the Bombay Hi...
minal Appeal Nos. 102404 of 1961, 90 Appeals by special leave from the judgment and order dated December 21, 1960 of the Allahabad High Court in Criminal Appeals Nos. 737,738 and 744 of 1960. Frank Anthony and P.C. Agarwala, for the appellant. G.C.Mathur and C.P. Lal, for the respondent. April 17. The Judgment of the C...
The appellant was the cashier of the Municipal Board Hardwar. He was in charge of the cash and it was his duty to see that funds above Rs. 4,000/ were deposited 'in the treasury or the Imperial Bank. On audit it was found that money received by the Board totalling Rs. 52,144/ was not deposited as required by the rules....
Present: Mr. R.S. Cheema, Senior Advocate with Mr. Satish Sharma, Advocate for the petitioner. Mr. Rajeev Anand, Standing Counsel for respondent-CBI. Mr. R.S. Bains, Senior Advocate with Ms. Aarushi Garg, Advocate for the complainant. 1. Through the instant petition cast under Section 439 of the Code of Cri...
The Punjab and Haryana High Court has granted bail to Kalyani Singh, who is the daughter of Himachal Pradesh High Court judge, Justice Sabina, in connection with the 2015 Sippy Sidhu murder case. The bail has been granted by the bench of Justice Sureshwar Thakur.Sukhmanpreet Singh Sidhu, alias Sippy Sidhu, was a nation...
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT S.B. Criminal Revision Petition No. 629/2019 Sarvjeet Kaur W/o Sh. Lakhveer Singh D/o Sh. Mohan Singh, Aged About 40 Years, By Caste Kamboj Sikh, R/o Gali No. 8, W.no. 3, Nai Khunja, Hanumangarh Town, Teh. And Dist. Hanumangarh. 2. Lakhveer Singh S/o Sh. ...
While hearing a matter pertaining to maintenance, the Rajasthan High Court observed that the husband, who is a welder, is almost like a skilled workman, and thus, it cannot be presumed that he is not earning sufficiently to maintain the petitioner-wife. The court also opined that even if the petitioner-wife is stitchin...
1. By way of this application filed under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India, the applicants have prayed to quash and set aside the order dated 18.11.2019 passed by the Court of learned 13th Additional Chief Judicial Magistrate, Rajkot below Exhibit-1 in...
"It is a settled proposition of law that proceedings under Section 138 of the NI Act would lie only in respect of any 'enforceable debt'", the Gujarat High Court has observed today. The Bench comprising Justice Gita Gopi made this observation in connection with an application filed under Section 482 of CrPC, seeking th...
appointment was under the pension scheme. Thereafter, he joined services as a lecturer in the Sardar Patel University with effect from 04.10.1979. He was appointed as a ‘Reader’ through open selection by direct recruitment with effect from 28.06.1984. He was confirmed in service with effect from...
The Gujarat High Court has reiterated that there is a clear mandate on the employer under the provisions of Section 7 to the Payment of Gratuity Act, for payment of gratuity within time and to pay interest on the delayed payment of gratuity. In light of the above, the Bench of Justice Biren Vaishnav directed the Sardar...
1. CRL.M.C. 533/2021 has been filed for quashing FIR No.239/2017 dated 12.05.2017, registered at Police Vasant Kunj(North), New Delhi for offences under Sections 509, 506, 323, 341, 354, 354A and 34 IPC. The complainant/respondent No.2 in the said FIR has alleged that on 12.05.2017, when she was going to drop her ...
Ruling that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for an ulterior purpose, the Delhi High Court recently imposed a cost of Rs.30,000 on the petitioners with a warning not to file false and frivolous cases. The Bench of Jus...
Heard Mr.C.K.Chandrasekar, learned counsel appearing for the petitioners and Mr.T.Chandrasekaran, learned Special Government Pleader appearing for the respondents. 2. Learned counsel for the petitioners submitted that, the idol in the ancient temple called Arulmighu Paramasivan Swamy Thirukk...
Overturning a lower court's decision, the Madras High Court has observed that an idol is believed to be a God by the devotees cannot be summoned by the Court. While hearing a challenge to the order of the lower Court in an idol theft case, where the idol was called to be produced in the Court to enquire its condition, ...
First petitioner minor child and second petitioner, its mother are knocking at the doors of Writ Court grieving against the non-issuance of the Transfer Certificate of the child, by the 9th Respondent – School despite repeated 2. After service of notice, the respondents have entered appearance through their ...
The Karnataka High Court has said that estrangement between a couple should not affect their child's education prospects. Justice Krishna S Dixit thus allowed the petition filed by a mother and her 8-year old daughter, seeking directions to a school in Bengaluru to issue her Transfer certificate. The plea was opposed b...
1. By this appeal, the State has challenged the judgment dated 14/08/2012, delivered by the learned Additional Sessions Judge, Kopargaon, in Sessions Case No.19 of 2010. The respondent accused was acquitted of the charge of having committed an offence punishable under Sections 376 and 506 of the Indian Penal Code....
"The Trial Court has used the words 'F*****' and "F******". These words are used in slang language, are treated to be foul words and are utterly disrespectful to women": Bombay High CourtThe Bombay High (Aurangabad Bench) recently pulled up an Additional Sessions Judge and expressed its displeasure as the Judge used sl...
Mr. Gaurav Agrawal, learned Amicus Curiae has drawn our attention to order dated 29.11.2022 qua the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions. In this behalf the report by the NALSA has been placed ...
The Supreme Court, while hearing the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail, has said that the country's prisons are overburdened by 5000 people every month merely because of their inability to furnish a bail bond. The top court bench comprising Justi...