judgement stringlengths 875 654k | summary stringlengths 200 73.4k |
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In the Court of District Judge, Mathura
Present- Shri Rajeev Bharti (H.J.S.)
Civil Revision No. 02/2021
1. Bhagwan Shrikrishna Virajman, at Katra Keshav Dev Khewat No. 255,
in Maujja Mathura Bazaar city and District Mathura, through Next
friend Ms. Ranjana Agnihotri D/o Late Rajendra Kant Agnihotri, aged
about 51 years... | In a significant order, a Mathura court on Thursday ruled that the suit to remove the Mathura Shahi Idgah Masjid on the ground that it was built over Krishna Janmabhoomi land, is maintainable.
District Judge Rajeev Bharti overturned a civil court order dismissing the suit.
"Right to sue of the plaintiff will stand res... |
ivil Appeal No. 4800 of 1989.
From the Judgment and Order dated 20.3.1987 of the Orissa High Court in Misc.
Appeal No. 453 of 1982.
Anil B. Divan and Vinoo Bhagat for the Appellant.
G.L. Sanghi and A.K. Panda for the Respondent.
The Judgment of the Court was delivered by V. RAMASWAMI, J.
Special leave granted.
In respe... | The appellant contractor claimed a sum of Rs.3,87,796 before the sole arbitrator on April 5, 1977 for the value of 15 items of works not paid.
To this he added interest to the tune of Rs.2, 95,894 at 18 per cent from the date which according to him each of the claims should have been set tled, making a total of Rs.6,83... |
The State of Maharashtra ...Appellant
vs.
Kuldeep Subhash Pawar
R/o. Bambawade, Tal.: Tasgaon
District Sangli ...Respondent
Mr. N. B. Patil – APP for the Appellant-State
Mr. Aashish Satpute – Appointed as amicus curiae for the
Respondent
1.Heard learned APP Shri Patil for the Appellant-State and
learned Advocate Shri S... | The Bombay High Court earlier this month observed that driving at high speed alone will not attract the offence of rash and negligent driving [State of Maharashtra v. Kuldeep Pawar]
Single-judge Justice SM Modak said that the offence of rash and negligent driving needs to satisfy two components - rashness and negligenc... |
Bombay Lawyers Association
a body registered under the
Societies Registration Act, 1860,
having its office at 4th Floor,
Onlooker Building,
Sir P.M. Road, Fort, Mumbai – 400001
Through its President Adv.Ahmad M. Abdi,
email : abdiandco@gmail.com
Tel No.9820073915 ….. Petitioner
Versus
1. Jagdeep Dhankar,
Vice President... | The Bombay High Court on Thursday dismissed a public interest litigation (PIL) petition seeking action against Vice President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju for their alleged public statements against the Collegium, judiciary and the Supreme Court. [Bombay Lawyers Association vs Jagdeep Dhankhar a... |
Date of decision : 18th November , 2020
Through : Mr. Arun Batta, Ms. Neha Kumari
and Mr. Abdul Vahid, Advocates
along with appellant in person .
Versus
Through : Mr. Arvind K. Nigam, Senior
Advocate with Mr. Parminder
Singh, Advocate for R-1/SCBA .
Mr. Preet Pal Singh, Advocate for
1. This appeal has been filed by the... | The Delhi High Court today dismissed Ashok Arora's appeal against order refusing to stay his removal from the post of Secretary, Supreme Court Bar Association (SCBA). (Ashok Arora vs SCBA)
A Division Bench of Justice Rajiv Sahai Endlaw and Asha Menon said,
The Court was dealing with Arora's appeal against the order pa... |
Writ Petition (PIL) No. 58 of 2020
Writ Petition (PIL) No. 97 of 2019
Writ Petition (PIL) No. 50 of 2020
Writ Petition (PIL) No. 51 of 2020
Writ Petition (PIL) No. 67 of 2020
Writ Petition (PIL) No. 70 of 2020
Writ Petition (PIL) No. 61 of 2021
Mr. Shiv Bhatt, the learned counsel for the petitioner in WPPIL
No. 58 of 2... | The Uttarakhand High Court on Monday ordered a stay on the State cabinet decision of 25 June to allow local pilgrims to participate in the Char Dham Yatra on 1 July (Sachdanand Dabral v. Union of India).
The order was passed by a Bench of Chief Justice RS Chauhan and Justice Alok Verma after taking into account the im... |
Date of Decision:18.08.2021
Simranjeet Kaur and another
...Petitioners
Versus
State of Haryana and others
...Respondents
Present: Mr. Jarnail S. Saneta, Advocate
for the petitioners.
[The aforesaid presence is being recorded through video conferencing since the
proceedings are being conducted in virtual court.]
The pet... | The Punjab & Haryana High Court refused to issue directions to the State to grant police protection to a couple in a live-in relationship since the woman was already married to another person.
Justice Sant Parkash said that the woman's alliance with the man was an unholy one.
“This Court feels no hesitation to say tha... |
General Instructions
• Gate No.1 shall be kept open exclusively for entry and exit of Hon’ble
Judges. Gate No. 3 shall be used for vehicular and pedestrian entry and
exit of Registry Officials, Court staff, lawyers and other permitted persons.
The other Gates shall remain closed.
• All vehicles of Court staff, lawyers ... | The Patna High Court has introduced a new Studio Court system for hearings. The system would involve the Judges sitting in their chambers, and advocates arguing their cases from a Courtroom designated for hearing (a ‘studio courtroom’). The whole proceeding will take place over video conferencing.
The system seeks to r... |
Table of Contents
No. Particulars Page No(s).
1 Preface
2 Details of the writ petitioners
3 Factual Background 9-25
4 Counter affidavit of State of Gujarat
5 Submissions 47-87
6 Reply Arguments 87-101
7 Points for consideration 101-251
(A) Re: Point No.1: Whether the petition
filed by one of the victims in Writ
Petitio... | The Supreme Court on Monday quashed the Gujarat government's decision to allow premature release of convicts in the Bilkis Bano gangrape case [Bilkis Yakub Rasool v. Union of India and ors].[Bilkis Yakub Rasool v. Union of India and ors].
A bench of Justices BV Nagarathna and Ujjal Bhuyan held that the eleven convicts ... |
Email: ishso@nic.in
Email: secylaw-dla@nic.in
Email: cs@karnataka.gov.in
This judgment, we desire to begin with what Sara
Slininger from Centralia, Illinois concluded her we ll
“The hijab’s history…is a complex one, influenced
by the intersection of religion and culture over ti me. While
some women no doubt veil themse... | The Karnataka High Court on Tuesday upheld a February 5 government order (GO) which effectively empowers colleges in the State to ban the wearing of hijab (headscarves) by Muslim girl students in college campus [Smt Resham v. State of Karnataka].
A three-judge Bench of Chief Justice Ritu Raj Awasthi and Justices Krishn... |
Kishor s/o Pandurang Landkar,
aged about 27 yrs., Occ. Agriculture,
R/o. Mozri, Tal. Mangrulpir,
Dist. Washim.
1.State of Maharashtra,
through Police Station Officer,
Police Station Mangrulpir,
Dist. Washim.
2.Ganesh S/o. Shankar Bhagat,
Aged about 26 yrs, Occ. Business,
R/o. Pimpri Kharbi, Mangrulpir,
Dist. Washim.
Mr... | The Nagpur Bench of Bombay High Court recently rejected a plea to quash a criminal case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act over an allegedly objectionable WhatsApp status. [Kishor Pandurang Landkar v. State of Maharashtra & Anr.]
The Court also highlighted that peo... |
Dated: 16th May, 202 2
In pursuance of Rule 4 of Order II of the Supreme Court Rules, 2013, Hon'ble
the Chief Justice of India has directed that the Supreme Court w ill be closed for the
annual Summer Vacation from Monday, the 23rd May, 202 2 to Sunday, the 10th July,
2022 (both days inclusive) and will reopen on Monda... | The Supreme Court of India on Monday notified vacation benches that will hear cases during the upcoming summer vacation of the top court from May 23 to July 10.
In exercise of the powers under Rule 6 of Order II of the Supreme Court Rules, the Chief Justice of India NV Ramana has nominated twelve Division Benches whic... |
ivil Appeal No. 917 of 1989 etc.
From the Judgment and Order dated 15.12.1988 of the Allahabad High Court in C.M.W.P. No. 10059 of 1987.
Yogeshwar Prasad, Satish Chandra, Mrs. section Dixit and Mukul Mudgal for the Appellants.
453 A.K. Srivastava for the Respondents.
The Judgment of the Court was delivered by K. JAGANN... | The respondent was appointed on 15.7.1962 as a Chemistry lecturer in Kulohaskar Ashram Agriculture Intermediate College run by the appellant society.
By a communication dated 20.6.1963, he was informed by the management that his services were no longer required after 15.7.1963.
He filed a civil suit for permanent injun... |
Versus
1.These petitions are filed challenging the
Constitutionality of Section 124 A of the Indian Penal Code 1860
(hereinafter IPC ) relating to the offence of Sedition.
2.Having heard learned Senior counsel appearing for the
parties and perusing the documents available on record, we may
observe that this matter was ... | In a landmark development, the Supreme Court of India on Tuesday asked the Central government and States to refrain from registering any cases for the offence of sedition under Section 124A of the Indian Penal Code [SG Vombatkere vs Union of India].
A bench of Chief Justice of India NV Ramana and Justices Surya Kant an... |
criapl988.22+
1) Shaikh Sana Farheen Shahmir,
Age-24 years, Occu:Student,
2) Shahmir Shamshoddin Shaikh,
Age-46 years, Occu:Service,
3) Shaikh Khaja Begum Shaikh Shahmir,
Age-40 years, Occu:Household,
4) Shaikh Saziya Sadaf Shaikh Shahmir,
Age-19 years, Occu:Student,
All R/o-Aziz Colony, Naregaon,
Aurangabad, District-... | Merely because a girl and boy involved in a relationship belong to different religions, the case cannot be given a religious angle, the Bombay High Court recently said while dealing with a case involving "love jihad" claims [Shaikh Sana Farheen Shahmir v. State of Maharashtra].
A Division Bench of Justices Vibha Kankan... |
Crl.A.Nos.172, 174, 176, 177, 178, 179, 180, 339 :: 2 ::& 403/2014 & CRA(V).No.571/2015
Crl.A.Nos.172, 174, 176, 177, 178, 179, 180, 339 :: 3 ::& 403/2014 & CRA(V).No.571/2015
Crl.A.Nos.172, 174, 176, 177, 178, 179, 180, 339 :: 4 ::& 403/2014 & CRA(V).No.571/2015
Crl.A.Nos.172, 174, 176, 177, 178, 179, 180, 339 :: 5 ::... | The Kerala High Court on Monday upheld the conviction of 12 persons for the 2012 murder of TP Chandrasekharan, a former member of the Communist Party of India (Marxist) [CPI(M)] who founded the Revolutionary Marxist Party (RMP), a breakaway of CPI(M).
The Court besides rejecting the appeals filed by the convicts (one ... |
Re: Transfer of Mr Justice Rajnish Bhatnagar, Judge, High Court of
Delhi.
On 10 August 2023, the Collegium proposed transfer of Mr. Justice Rajnish
Bhatnagar, Judge, High Court of Delhi, to the Rajasthan High Court, for
better administration of justice.
In terms of the Memorandum of Procedure, we have consulted Judges ... | The Supreme Court Collegium on Wednesday recommended the transfer Delhi High Court judge Justice Rajnish Bhatnagar to the Rajasthan High Court.
In its resolution published on the website of the apex court, the Collegium said that Justice Bhatnagar requested for his retention in Delhi but the same was turned down.
"On ... |
+ W.P.(C) 8654/2021 & CM APPL. 26788/2021 (stay)
% Reserved on: 27th September, 2021
Pronounced on: 12th October , 2021
Through : Mr. B.S. Bagga, Advocate
Versus
Through : Mr. Tushar Mehta, Solicitor General
of India with Chetan Sharma, Additional Solicitor
General, Mr. Amit Mahaj an, Central Government
Standing Counse... | The Delhi High Court on Tuesday dismissed the public interest litigation (PIL) petition challenging the appointment of Rakesh Asthana as Commissioner of Delhi Police (Sadre Alam v. Union of India).
The Bench of Chief Justice DN Patel and Justice Jyoti Singh pronounced the judgment after it had reserved the verdict on S... |
Tiger Trail Production LLC …Petitioner
Anandita Entertainment LLP and others …Respondents
Mr. Reshant Shah i/b. Lex Conseiller for Petitioner.
Ms. Drishti Khurana i/b. Zen Jurists for Respondent Nos.1 and 2.
Mr. Hiren Kamod a/w. Mr. Ravindra Suryawanshi, Ms. Tanvi Nandgaonkar,
Mr.Krunal Mehta and Mr. Archis Bhatt i/b. ... | The Bombay High Court recently refused to stay the release of the Hindi film ‘Haddi’ on petitions filed by two production companies Tiger Trail and Oberoi Mega Entertainment LLP (owned by Bollywood actor Vivek Oberoi) against Haadi's producers.
Two orders were passed refusing to stay the film's release, slated for Sep... |
Appellate Side
Present:
The Hon’ble Justice Joymalya Bagchi
And
The Hon’ble Justice Ajay Kumar Gupta
C.R.A. 561 of 2015
Jiten Barman
Versus
The State of West Bengal
For the appellant : Mr. Amitabha Karmakar, Adv.
For the State : Mr. Parthapratim Das, Adv.
Mrs. Manasi Roy, Adv.
Heard on : 21.12.2022
Judgment on : 11.01.... | Suspicion, howsoever high, cannot take the place of proof of guilt, observed the Calcutta High Court recently while acquitting two persons convicted by the trial court in an acid attack case [Jiten Barman v. The State of West Bengal].
A Bench of Justices Joymalya Bagchi and Ajay Kumar Gupta made the observation while o... |
1. Leave granted.
2. Vide order1 passed by the High Court2 in Criminal Petition
No. 2585 of 2019 filed by the appellant -State, an order dated 18.01.2018
passed by the Trial Court3 was upheld. Vide the aforesaid order an
1 Dated 27.01.2022.
2 High Court of Karnataka at Bengaluru .
3 XLVIII Additional City Civil and Ses... | The Supreme Court recently reiterated that a certificate verifying the authenticity of electronic evidence under Section 65B of the Indian Evidence Act can be produced at any stage of the trial regardless of any delay in doing so. [State of Karnataka vs T Naseer and ors]
A bench of Justices Vikram Nath and Rajesh Binda... |
W.P.(C). No. 28288 of 2021
W.P.(C). No. 28288 of 2021
Dated this the 10th day of February, 2022
This writ petition is filed by an advocate with a prayer to
issue a writ in the nature of mandamus directing the respondents
to remove the Malayalam movie "Churuli" from the 'Over The
Top Platform' (for short 'OTT Platform')... | While dismissing a plea against the Malayalam movie Churuli for its alleged use of foul language, the Kerala High Court on Thursday observed that lawyers ought to read judgements before they criticise the same on mainstream or social media [Peggy Fen v Central Board of Film Certification & Ors.]
Justice PV Kunhikrishn... |
Reportable
Criminal Appeal Nos 590-591 of 2021
@ SLP (Crl) Nos. 4998 -4999 of 20 21
Somesh Chaurasia .... Appellant
Versus
State of M.P. & Anr. .... Respondents
Dr Dhananjaya Y Chandrachud, J
1 This appeal arises from an order by a Division Bench of the High Court of
Madhya Pradesh dated 23 July 2019. The High Court de... | The Supreme Court in a strongly worded judgment pulled up the State and Police authorities of Madhya Pradesh for attempting to shield the husband of a Bahujan Samaj Party (BSP) MLA accused of murdering congress leader Devendra Chourasia.
The Bench of Justices DY Chandrachud and Hrishikesh Roy took strong objection to ... |
Civil No. 1134 of 1986.
503 (Under Article 32 of the Constitution of India) Petitioner in person and Mohan Pandey for the Petitioners.
K. Madhava Reddy, P.P. Rao, R.N. Keshwani and H.S. Parihar for the Respondents.
The Judgment of the Court was delivered by SAWANT, J.
The petitioners who are employees of respond ent No... | In response to the charter of demands concerning the revision of pay scales, submitted by the officers of the Respondent Bank, called "NABARD Officers ' Association", the bank on 9.10.85 revised the pay scales of all its officers as per settlement with the Association and gave the said revision retrospective operation ... |
Date of Decision: 19th February, 2021
+ W.P. (C) 2297/2021 & CM APPLs.6685/2021, 6686/2021,
Through: Mr. Akhil Sibal, Sr. Advocate with
Ms. Vrinda Bhan dari, Mr. Abhinav
Sekhri, Ms. Sanjana Sr ikumar, Mr.
Krishnesh Sapat & Ms. Sonali Malik,
Advocates (M -8826571429)
versus
Through: Mr. Tushar Mehta, Solicitor General ,... | The Delhi High Court today directed news channel editors to exercise proper control while reporting so that the investigation into the farmers protests toolkit, in which arrested climate change activist Disha Ravi is implicated, is not hampered.
The Court also directed Ravi to ensure that the people connected to her do... |
Applicant :- Jasman Singh @ Pappu Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhagwan Das
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Despite being service of notice upon the informant, no one has
put in appearance on behalf of informant.
2-Heard Mr. Bhagwan Das, le... | The Allahabad High Court recently lamented about the rise of child sexual abuse cases in India, while denying bail to a man accused of raping a thirteen-year-old girl. (Jasman Singh v. State of UP)
Justice Sanjay Kumar Singh remarked that although little girls are worshiped in our country, the cases of pedophilia are i... |
This special leave petition is against the judgment and order
dated 30th July 2021, passed by a Single Bench of the High Court of
Judicature at Bombay, rejecting an application being Interim
Application (ST) No. 9764 of 2021 filed by the petitioner in First
Appeal No. 9761/2021, seeking inter-alia an interim injunction... | The Supreme Court on Thursday dismissed the petition seeking an injunction on the release of Alia-Bhatt starrer Gangubai Kathiawadi, filed by a person who claimed to be the adopted son of Kathiawadi on whom the film is based [Babuji Rawji Shah vs S Hussain Zaidi].
A Bench of Justices Indira Banerjee and JK Maheshwari w... |
Aravind Kumar, J.
1. Even after 41 years, the parties to this lis are still groping in the
dark and litigating as to who should be brought on record as legal
representative of the sole plaintiff Mrs. Urmila Devi (hereinafter
referred to as ‘Urmila Devi’ for the sake of brevity ). This is a classic
case and a mirror t o... | While pronouncing its judgment in a 43-year-old case, the Supreme Court on Friday expressed concern that the public may lose confidence in the legal process if such delays continue.
A bench of Justices S Ravindra Bhat and Justice Aravind Kumar expressed anguish that there were even 50-year-old cases still pending befo... |
(arising out of SLP (Crl.) No. 13485 of 2023)
Leave granted.
Heard the learned counsel for the parties.
First Information Report1 No. 287/2019 for the offence(s)
punishable under Sections 406 and 506 of the Indian Penal Code,
18602 was registered on 30.08.2019 with Police Station – Hapur
Dehat, District – Hapur, Uttar ... | Police do not have the authority to recover money or act as a civil court for recovery of money after civil proceedings fail, the Supreme Court recently said [Lalit Chaturvedi and ors vs State of Uttar Pradesh and anr].
A bench of Justices Sanjiv Khanna and Dipankar Datta explained that there is a clear distinction be... |
CNR No: HRFB02005709-2023 CIS No: C S/3874/2023
Present: Sh. Vineet M Bajaj, Yash Singhal, Aditya Vardhan and Karan
Bansal Advocates for applicant/plaintiffs No.1 & 2
defendant No.1
Sh. Jitender Datta Parashar, Advocate for defendant No.2
1-By this order I shall dispose of an application under Order 39
Rules 1 & 2 read... | A court in Haryana recently restrained YouTubers and motivational speakers Vivek Bindra and Sandeep Maheshwari from posting any defamatory content against each other on social media or offline platforms [M/s Bada Business Private Limited & Anr v Sandeep Maheshwari & Anr].
Faridabad Civil Judge (Junior Division) Gagande... |
D.B. Criminal Writ Petition No. 613/2023
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home Jaipur.
2. The Dist. Collector, Jodhpur.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
Mr. S. D. Chavariya
Mr. Lalit Kishore Sen
For Respondent(s) : Mr. Anil Joshi, ... | The Rajasthan High Court on Monday directed the District Parole Advisory Committee, Jodhpur to reconsider the application filed by Asaram Bapu seeking 20 days of parole under the Rajasthan Prisoners Release on Parole Rules, 1958. [Asha Ram v. State Of Rajasthan & Ors] |
3. This is precisely the reason why we had heard arguments at some length in these two appeals filed by the appellant – Manish Sisodia, former Deputy Chief Minister of Delhi, who seeks bail in the prosecutions arising from RC No. 0032022A00553, dated 17.08.2022, registered by the Central Bureau of Investigation1, at CB... | The Supreme Court Monday denied bail to Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia in connection with the cases related to Delhi excise policy scam.
A bench of Justices Sanjiv Khanna and SVN Bhatti pronounced the order.
"In the analysis there are certain aspects which are doubtfu... |
Writ Petition(s)(Civil) No(s). 629/2021
Date : 02-12-2022 This petition was called on for hearing today.
For Petitioner(s) Petitioner-in-person
For Respondent(s)
UPON hearing the counsel the Court made the following
1The reliefs which have been sought in the proceedings under Article 32 of the
Constitution are extracte... | The Supreme Court Friday refused to entertain a public interest litigation petition seeking changes to school curriculum by including chapters on geography and history of north-east India.
The plea filed by Jyoti Zongluju also sought changes to law to curb racial discrimination.
A bench of Chief Justice of India DY Cha... |
Re: Proposal for transfer of Mr Justice Nani Tagia , Judge, Gauhati
High Court
On 23 August 2023, the Collegium proposed the trans fer of Mr Justice
Nani Tagia , Judge, Gauhati High Court to the High Court of
Judica ture at Patna , for better administration of justic e.
In terms of the Memorandum of Procedure, we have ... | The Supreme Court Collegium on Thursday recommended the transfer of Justice Nani Tagia from the Gauhati High Court to the Patna High Court.
In a resolution published on the Supreme Court website on Thrusday, the Collegium noted that it had proposed the transfer in a meeting held on August 23.
However, Justice Tagia ha... |
vil Appeal No. 5 186 of 1989.
From the Judgment and Order dated 31.8.1989 of the Delhi High Court in Company Appeal No. 35 of 1988.
F.S. Nariman, Ashok K. Mahajan and Subhash Sharma for the Appellants.
Anil B. Devan and Vinoo Bhagat for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, CJ... | The appellant No. 1 is a private limited Company incor porated under the Indian Companies Act.
The Company had at all relevant times 7 share holders and the total number of shares subscribed and paid up was 2010 shares.
The appellant No. 2 is a shareholder and a whole time Director of the Company.
Consequent upon the d... |
No. HHC/Admn. 16(34)74-IV. Dated Shimla the 12h January, 2023.
In exercise of the powers vested in it under Section 16(2)
of the Advocates Act, 1961, the High Court of Himachal Pradesh has
been pleased to designate Sh. Anup Kumar Rattan, Advocate as a
Senior Advocate with immediate effect:
Endst. No. HHC/Admn. 16(34)74... | The Himachal Pradesh High Court on Thursday designated advocate Anup Kumar Rattan, who is the incumbent Advocate General (AG), as 'Senior Advocate' with immediate effect.
A notification to this effect was issued by the Registrar General of the High Court.
"In exercise of the powers vested in it under Section 16(2) of t... |
Sarabjit Kaur …Appellant
Versus
The State of Punjab & Anr. …Respondent
Rajesh Bindal, J.
1.The Appellant having failed before the High Court has
filed the present appeal. A prayer was made for quashing
of F .I.R. No.430 dated 16.10.2017 under Sections 420, 120-
B and 506 of the Indian Penal Code, 1860. The petition
fil... | The Supreme Court recently held that mere breach of contract does not give rise to criminal prosecution for cheating unless a fraudulent or dishonest intention was present right from the beginning of the transaction [Sarabjit Kaur v. State of Punjab and Another].
A division bench of Justices Abhay S Oka and Rajesh Bind... |
Date of Decision: 4th June , 2021
+ CS(OS) 262/2021 & I.A. Nos.6904/2021, 6906/2021,
Through: Mr. Deepak Khosla, Advocate
for plaint iffs along with
Ms. Juhi Chawla Mehta,
plaintiff No. 1 and Mr.
Veeresh Malik, plaintiff No.2
versus
Through: Mr. Tushar Mehta, SGI with
Mr. Amit Mahajan CGSC,
Mr. Kanu Aggarw al and Mr.
D... | The Delhi High Court on Friday dismissed the plea filed by Bollywood actor Juhi Chawla against the rollout of 5G technology in India (Juhi Chawla & ors vs Science and Engineering Research Board & ors)
The Bench of Justice JR Midha said that it appeared that the suit was filed to garner publicity, noting how Chawla had ... |
(1)The appellant stands convicted by the impugned order
passed by the Central Administrative Tribunal, Principal
Bench, under Section 14 of the Contempt of the Courts Act,
1971 (hereinafter referred to as ‘Act’ for brevity) in terms
of the charge framed against the appellant.
After finding the appellant so guilty, we m... | The Supreme Court on Wednesday sets aside the order of the Central Administrative Tribunal (CAT) convicting Advocate Mehmood Pracha for contempt of court [Mehmood Pracha v. CAT].
A Bench of Justices KM Joseph and Hrishikesh Roy held that a denial of the right to trial, as contemplated under the Contempt of Courts Act a... |
Reserved
Petitioner :- Dr. Vijay Kumar Sharma
Respondent :- State Of U.P. And 2 Ors
Counsel for Petitioner :- Vijay Kumar Dixit,Ashok Mehta (Senior
Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Ajai Tyagi,J.
(As per : Hon'ble Munishwar Nath Bhandari, J.)
The writ petition has been filed for ... | The Allahabad High Court recently observed that the judgments of the Supreme Court in Arnab Goswami v. State of Maharashtra, Amish Devgan v. Union of India and TT Antony v. State of Kerala would not be applicable in cases in which separate FIRs are registered involving same cognizable offence but arising out of separat... |
Writ Petition(s)(Civil) No(s). 620/2021
Date : 24-06-2021 This matter was called on for hearing today.
For Petitioner(s)
Mr. Shashibhushan P. Adgaonkar, AOR
Mr. Ravibhushan P. Adgaonkar, Adv.
Mr. Gagandeep Sharma, Adv.
Mr. Rana Sandeep Bussa, Adv.
Ms. Ruchi Rathi, Adv.
For Respondent(s)
Ms. Neelam Sharma, Adv.
Ms. Pank... | The Supreme Court on Thursday said that it will not allow the Andhra Pradesh government to conduct Class 12 State Board exams unless it is convinced that the exams for 5.20 lakh students can be held without any fatality amid the COVID-19 pandemic.
A Bench of Justices AM Khanwilkar and Dinesh Maheshwari stated the same... |
+ W.P.(C) 5099/2023 and CM APPL. 19920/2023, 19921/2023
Through: Mr. Nidhesh Gupta, Senior Advocate
with Mr. Kaustubh Shakkarwar,
Advocates ( M-9764143399 )
versus
Through: Mrs. Avnish Ahlawat, Mr. Nitesh
Kumar Singh, Mrs. Lavanya Kaushik
& Mrs. Aliza Alam, Advocates.
Mr. Neeraj Shekhar, Mr.Ashutosh
Thakur, Dr.Sumit Ku... | The Delhi High Court on Monday sought a response from the Delhi government as to why it has not cleared the arrears of law researchers of High Court judges [Danish Iqbal v. GNCTD].
Justice Prathiba M Singh was hearing a plea filed by a group of law researchers of various judges of the High Court. They sought implement... |
Writ Petition(s)(Civil) No(s). 875/2022
Date : 05-12-2022 This petition was called on for hearing today.
For Petitioner(s) Petitioner-in-person
For Respondent(s)
UPON hearing the Petitioner-in-person
the Court made the following
What is prayed in the present Writ Petition, under Article 32
of the Constitution of India,... | The Supreme Court Monday rejected a public interest litigation (PIL) petition seeking a declaration that founder of Satsang, Sree Sree Thakur Anukulchandra be declared "parmatma'.
A bench of Justices MR Shah and CT Ravikumar said that India is a secular country and such prayers cannot be made by way of PILs. It, theref... |
FIR no. 152/2021
PS Connaught Place
State Vs. Ashwani Upadhyay
U/s 188/268/270/153 A IPC,
S. 3 Epidemic Diseases Act &
In view of the directions of the Hon'ble High Court of Delhi vide order No.
439-470/RG/DHC-2021 dated 22.07.2021, matters are being taken up through video
conferencing using Cisco Webex. It is certifie... | A Delhi court on Wednesday granted bail to advocate Ashwini Upadhyay arrested in connection with anti-muslim speeches made at Jantar Mantar on August 8.
Metropolitan Magistrate Udbhav Kumar Jain granted the relief to Upadhyay, noting as far as the allegation under Section 153A (promoting enmity between different groups... |
1.The present criminal appeals arise out of the common
Judgment & Order dated 13th December 2021 passed by the
Aurangabad Bench of the Bombay High Court in
Confirmation Case No. 1 of 2019 and Criminal Appeal Nos.
808 and 810 of 2019 whereby the High Court confirmed the
death penalty and life imprisonment imposed upon t... | The Supreme Court on Friday commuted the death sentence awarded to one Digambar who was found guilty of murdering his married sister and her lover in 2017 [Digambar v. State of Maharashtra].
A three-judge bench of Justices BR Gavai, Vikram Nath and Sanjay Karol said that the convict was not a person with criminal minds... |
ivil Appeal No. 5055 of 1989.
From the Judgment and Order dated 27.2.1989 of the Allahabad High Court in C.M.W.P. No. 12322 of 1984.
Satish Chandra, E.C. Agarwala, Atul Sharma, Ms. Purnima Bhatt and V.K. Pandita for the Appellants.
G.L. Sanghi, B.D. Agarwal, G. Ganesh, K.L. John and Ms. Shobha Dikshit for the Responden... | A dispute between the appellants and respondent No. 1 was referred to an arbitrator who made an award and filed it before the civil court.
On objection by the appellants, the prayer for making the award a rule of the court was reject ed.
On appeal, the High Court confirmed the same.
This Court refused special leave and... |
[Arising out of SLP (Crl.) No. 9777 Of 2022]
1. Leave granted.
2. The appeal arises out of the final judgment and order
dated 23rd May 2022 passed by the High Court of Himachal
Pradesh at Shimla in Criminal Appeal No. 46 of 2018 ,
thereby upholding the judgment and order dated 1st
December 2017 passed by the Additional... | The Supreme Court on Tuesday modified a murder conviction to that of culpable homicide not amounting to murder after noting that the weapon of attack was a stick, which the Court opined was not a deadly weapon. [Nirmala Devi vs State of Himachal Pradesh]
A bench of Justices BR Gavai and JB Pardiwala was dealing with a ... |
(Arising out of impugned final judgment and order dated 01-07-2023
in CRLMA No. 14435/2022 passed by the High Court of Gujarat at
Ahmedabad)
Date : 01-07-2023 This petition was called on for hearing today.
For Petitioner(s) Mr. C.U. Singh, Sr. Adv.
Ms. Aparna Bhat, AOR
Ms. Karishma Maria, Adv.
Mr. Nizam Pasha, Adv.
For... | The Supreme Court on Saturday granted interim bail to activist Teesta Setalvad for seven days in the conspiracy case related to the 2002 Gujarat riots [Teesta Setalvad v. State of Gujarat].
In the second special hearing held today, a top court Bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed the Gujarat... |
W.P.(C)No. 15534 of 2023
Dated this the 23rd day of June, 2023
The father of a minor girl aged 15 years filed
this writ petition with a main prayer to terminate
the pregnancy of his daughter. It is stated that the
minor son of the petitioner impregnated her minor
daughter. I am sure that the petitioner, the father
of t... | The Kerala High Court recently urged the State government to seriously consider the need for including safe sex education in the curriculum of schools and colleges.
The Court made the observation while disposing of a petition filed by a father to medically terminate the pregnancy of his minor daughter who was impregnat... |
Civil Appellate Jurisdiction
Present:
The Hon’ble Justice Tapabrata Chakraborty
The Hon’ble Justice Partha Sarathi Chatterjee
FA 109 of 2018
IA No. CAN 2 of 2019 (Old No. CAN 2764 of 2019) [Disposed of]
Sri Sekhar Kumar Roy
versus
Smt. Lila Roy & Another
For the Appellant : Mr. Ayan Poddar,
Mr. Soham Dutta,
Mr. Kamran ... | A transaction cannot be labelled a benami transaction merely because the husband bought the property in the name of the wife, the Calcutta High Court recently ruled [Sekhar Kumar Roy vs Lila Roy].
A division bench of Justices Tapabrata Chakraborty and Partha Sarathi Chatterjee said that even if it is proved that husban... |
Through Mr. Vipul Lamba, Advocate
versus
Through Ms. Meenakshi Dahiya, APP for the
State with W/SI Vinod Kapoor , PS
Delhi Cantt
1. This petition under Section 482 Cr.P.C is for quashing FIR
No.275/2019 dated 30.10.2019 registered at Poli ce Station Delhi Cantt for
offences under Section 363/366/376 IPC and Section 6 o... | The Delhi High Court recently quashed a first information report (FIR) filed for rape and offences under the Protection of Children from Sexual Offences (POCSO) Act using its inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) [Kundan and anr. v State and Ors].
Justice Subramonium Prasad stated t... |
No. K-13029/02/2023-USJI
Government of India
Ministry of Law & Justice
Department of Justice
(Appointments Division)
Jaisalmer House, 26, Man Singh Road,
Dated: 27th September, 2023.
In exercise of the power conferred by clause (1) of Article 217 of the
Constitution of India, the President is pleased to appoint (i) Ms.... | The Central government on Wednesday cleared the appointment of eleven additional judges of the Punjab and Haryana High Court as permanent judges.
Union Minister of State with independent charge of the Law and Justice Ministry, Arjun Ram Meghwal shared this development through social media platform, X (Twitter).
The fol... |
M.Cr.C. Nos. 35596/2018
M.Cr.C. Nos. 35596/2018
Reserved on :03.08.2023.
Pronounced on : 17.08.2023
1. The applicants have filed these petitions u/s. 482 of the Cr.P.C.
seeking quashment of FIR No.139/2018 registered on a complaint
made by respondent No.2 alleging commission of offence u/s. 498-A,
323 and 34 of the IPC... | The Madhya Pradesh High Court recently commented on the misuse of Section 498A (cruelty to women) of the Indian Penal Code (IPC), observing that nowadays there is a “package of five cases” being filed by the wife against the husband and his family members in courts [Rajan v. The State Of Madhya Pradesh].
Justice Vivek ... |
and
1Whether Reporters of Local Papers may be
allowed to see the judgment ?
2To be referred to the Reporter or not ?
3Whether their Lordships wish to see the
fair copy of the judgment ?
4Whether this case involves a substantial
question of law as to the interpretation
of the Constitution of India or any order
made ther... | A teacher forcing his much younger student to marry him would amount to cruelty entitling the student-wife to divorce, the Gujarat High Court recently held.
A division bench of Justices NV Anjaria and Sandeep N Bhatt, therefore, upheld the decision of a family court dissolving the 5-year-long marriage of a 45-year-old ... |
Re: Proposal for transfer of Mr Justice P Sam Koshy , Judge,
High Court of Chhattisgarh .
Mr Justice P Sam Koshy has sought his transfer out of the State of
Chhattisgarh . Acceding to his request, on 05 Jul y 2023 the Collegium
proposed his transfer to the High Court of Madhya Pradesh .
Mr Justice Koshy has, however, r... | The Supreme Court Collegium recently recommended the transfer of Chhattisgarh High Court judge, Justice P Sam Koshy to the Telangana High Court.
The Collegium resolution published on the Supreme Court website said that the judge himself had volunteered to be transferred out of the State of Chhattisgarh.
In response, th... |
1. Heard Shri Ranjan Mukherjee and Ms. Astha Sharma, learned
counsel for the parties.
2. In Session s Trial No. 05/1998 arising from Sessions Case No.
37/1997 pursuant to the FIR No.110/1993 lodged under
Sections 341, 302 read with 34 of IPC at Jhalda Police Station ,
Purulia , by one Lakshmi M ahato, the eldest son of... | The Supreme Court on Tuesday upheld the conviction of two men sentenced to life imprisonment for killing a woman on suspicions that she practiced witchcraft. [Bhaktu Gorain and anr vs State of West Bengal]
A bench of Justices Abhay S Oka and Pankaj Mithal confirmed their conviction on finding that there was clinching ... |
Civil Appeal No. 3946 of 1987.
349 From the Judgment and Order dated 22.7.1983 of the High Court of Delhi in L.P.A. No. 141 of 1982 (M).
P.N. Misra for the Appellant.
Krishan Kumar and Vimal Dave for the Respondent.
The Judgment of the Court was delivered by OZA, J.
Leave granted.
This appeal arises out of SLP(Civil) N... | % The appellant and the respondent, husband and wife, were married under the Hindu Customs in February, 1961.
Disagreement and disharmony between the two ensued from the very beginning after the marriage.
The parties by and large lived together till February, 1971, and separately ever since thereafter except for a shor... |
vil Appeals Nos.
596 597 (NL) of 1986.
From the Judgment and Order dated 19.12.1985 of the Madras High Court in W.A. No. 1235/83 & W.A. No. 72 of 1984.
15 M.K. Ramamurthi, K.S. Jankiraman and Jitender Sharma for the Appellant.
T.S. Gopalan, P.N. Ramalingam and A.T.M. Sampath (NP) for the Respondents.
The Judgment of Co... | Under the , the State Government referred to the Industrial Tribunal the question whether the nonemployment of certain workmen in the appel lant Company was justified, and if not what was the relief to which they were entitled.
The employer and the workmen filed their respective statements before the Tribunal and the w... |
Petition(s) for Special Leave to Appeal (C) No(s).1917/2022
(Arising out of impugned Interim order dated 03-02-2022 in CWP
No.24967/2021 passed by the High Court Of Punjab & Haryana At
Chandigarh)
(With applns for exemption from filing c/c of the impugned judgt)
Date : 17-02-2022 This matter was called on for hearing t... | The Supreme Court on Thursday set aside an order of the Punjab & Haryana High Court staying the Haryana State Employment of Local Candidates Act, 2020, which grants 75 per cent reservation in private sector jobs to persons domiciled in Haryana [State of Haryana v. Faridabad Industries Association].
The Bench of Justice... |
Criminal Appeal No. 111 and 477 of 1979.
From the Judgment and Order dated 19.4.1978 of the Allahabad High Court in Criminal Appeal No. 661 of 1975.
N.P. Midha and B.D. Sharma for the Appellant in Crl.
A. No. 111 of 1979.
Prithvi Raj, Prashant Choudhary and D. Bhandari for the Respondent in Crl.
A. No. 111 of 1979 and ... | Three police personnel were charged with offences aris ing out of the death of one Ram Dhiraj Tiwari in police custody.
Rafiuddin Khan (accused No. 1) was the Sub Inspec tor of Police Station Kure Bhar, Shamsher Ali (accused No. 2) was a Beat Constable, and Gauri Shankar Sharma (accused No. 3) was the Head Moharrir.
Th... |
Appeal No. 81 of 1990.
From the Judgment and Order dated 7.3.1989 of the Rajas than High Court in S.B. Civil (Misc.) Second Appeal No. 2 of 1976.
Guman Mal Lodha, Sushil K. Jain, B.P. Aggarwal and Sudhanshu Atreya for the Appellant.
C.M. Lodha and Surya Kant for the Respondents.
The Judgment of the Court was delivered ... | Under Section 21(1)(a) of the Rajasthan Civil Courts Ordinance, 1950 the District Court is empowered to entertain an appeal from a decree of the value of only upto Rs.10,000.
Appeals in other cases lie only to the High Court.
In the instant case, a joint family house was brought to auction in satisfaction of an ex part... |
No. 665 of 1988 (Under Article 32 of the Constitution of India).
Sanjay Parikh, M.L. Sachdev, C.S. Vaidyanathan, S.R. Bhat, S.R. Setia, S.C. Dhanda, H.K. Puri, Harish N. Salve, Rajiv Dutta, Anil Kumar and Sultan Singh for the Petition ers.
Raja Ram Agarwal, S.C. Manchanda, G.L. Sanghi, A.S. Nambiar, Ashok K. Srivastava... | A common question of law having arisen for determination in these petitions filed under Article 32 of the Constitu tion, they are disposed of by a Common Judgment, though the petitioners dealers are different and carry on their busi ness in different states and have challenged the respective provisions of law by which ... |
ivil Appeal No. 3395 of 1982.
From the Judgment and Order dated 4.6.1982 of the Punjab and 572 Haryana High Court in L.P.A. No. 936 of 1982 Shankar Das and H.K. Puri for the Appellant.
A.K. Ganguli, R.P. Srivastava, P. Parameshwaran, Ms. A. Subhashini and Dalip Sinha for the Respondents.
The Judgment of the Court was d... | The appellant company was engaged in the manufacturing of airconditioning and refrigeration equipment under a proper licence.
On January 21, 1970 the appellant cleared from the factory cooling coils, condensers and compressors and supplied the same to M/s. Ravi Cold Storage, Ahmedabad for putting up a cold storage and ... |
ivil Appeal No. 480 of 1986.
From the Judgment and Order dated 10.7.85 of the Madhya Pradesh High Court in Misc.
Petition No. 1235 of 1984.
D.N. Mukherjee and Ran jan Mukherjee for the Appellant.
S.S. Khanduja, Yashpal Dingra and Baldev Kishan for the Respondents.
The Judgment of the Court w. as delivered by 146 K. JAG... | The appellant Corporation assessed property tax in respect of buildings belonging to the respondent Market Committee, which refused to pay the same.
Proceedings were commenced for recovery of the dues.
The respondent moved the High Court under Article 226 of the Constitution for quash ing the recovery proceedings.
The ... |
Appeal No. 35 of 1959.
Appeal from the judgment and decree dated October 29, 1956, of the Allahabad High Court in Writ Petition No. 327 of 1956.
H. N. Sanyal, Additional Solicitor General of India, J. B. Dadachanji, section N. Andley, Rameshwar Nath and P. L. Vohra, for the appellants.
G. C. Mathur and C. P. Lal, for t... | Entry 52 of List II of the Seventh Schedule to the Consti tution empowered State Legislatures to make a law relating to "taxes on the entry of goods into a local area for consumption, use or sale therein".
The U. P. Legislature passed the U. P. Sugarcane Cess Act, 1956, which authorised the State Government to impose a... |
ivil Appeal No. 3154 of 1982.
From the Judgment and Order dated 28.9.1981 of the Allahabad High Court in S.A. No. 1874 of 1970.
Satish Chandra, S.N. Singh, T.N. Singh, H.L. Srivastava and Sudama Ojha for the Appellants.
U.R. Lalit and R.D. Upadhyaya for the Respondents.
The Judgment of the Court was delivered by FATHIM... | The plaintiff respondent claimed that before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force, his father was a sub tenant under defendants 3 to 25 and after his father 's death, the other 3 sons separated from the plaintiff and consequently he has become the sole tenant.
According to him, his fa... |
No. 975 of 1986.
(Under Article 32 of the Constitution of India).
D.D. Thakur, V.C. Mahajan, section Markandaya, G.S. Rao, Sreepal Singh and Ms. Kusum Chowdhary for the Petitioners.
R N. Trivedi, S.C. Batra and Raju Ramachandran for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
The dis... | Certain cooperative housing societies comprising of the petitioners and others had acquired lands in the trans Jamuna area of Uttar Pradesh prior to the setting up of the New Okhla Industrial Development Authority in 1976.
When the said lands came to be notified for the Development Authority writ petitions were filed i... |
ivil Appeal No. 1102 of 1990.
From the Judgment and Order dated 7.10.1988 of the Patna High Court in C.W.J.C. No. 2075 of 1988.
A.K. Sen, K.D. prasad, J. Krishna and Mrs. Naresh Bakshi for the Appellant.
S.K. Sinha and U.S. Prasad for the Respondents.
The Judgment of the Court was delivered by: K. JAGANNATHA SHETTY, J.... | Sub section (1) of section 33 B of the provides that the appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceedings pending before a Labour Court or Tribunal and transfer it for disposal to another Labour Court or Tribunal.
Respondent No. 4, a workman of the appellant... |
rit Petition No. 1032 of 1986.
(Under Article 32 of the Constitution of India).
Soli J. Sorabjee, Ms. section Ralhan, S.C. Dhande and Ms. Rekha Pandey for the petitioners.
770 V.S. Desai, A.S. Bhasme and Khanwilkar for the respondents.
The Judgment of the Court was delivered by PATHAK, C.J.
The petitioners manufacture ... | By availing of its powers under sub section
(2) of section 49 of the Gujarat Sales Tax Act, 1969 to exempt, in the public interest, any specified class of sales from payment of the whole or any part of the tax payable under the Act, the Government of Gujarat issued two notifications prescribing a lower rate of tax for ... |
vil Appeal Nos. 1274 to 1278 of 1984.
From the Judgment and Order dated 27.5.81 of the Punjab and Haryana High Court in R.F.A. Nos.
688 to 692 of 1979.
Rajinder Sachar and K.C. Dua for the Appellants.
S.P. Goel, Rana Ranjit Singh and Mahabir Singh for the Respondents.
The Judgment of the Court was delivered by RAY, J.
... | The appellants ' land was acquired under the Land Acqui sition Act on March 24, 1971 for planned development as residential area.
They were then running a plant nursery on the said land.
A large number of potted plants, mother plants and trees also existed there.
They demanded compensa tion for the land at the rate of ... |
ivil Appeal No. 1312 of 1990.
From the Judgment and Order dated 6.7.
1988 of the Rajasthan High Court in D.B. Civil W.P. No. 71/77.
section Hegde, Additional Solicitor General, A. Subba Rao for C.V.S. Rao for the Appellants.
S.C. Birla for the Respondent.
The Judgment of the Court was delivered by 762 K. JAGANNATHA SHE... | The respondent, a constable, convicted under section 10(n) of the but released on probation under section 4 of the , was dismissed from service.
He chal lenged his dismissal before the High Court which ordered his reinstatement holding that there was no disqualification for him to continue in service, for section 12 of... |
Criminal Appeal No. 128 of 1990.
From the Judgment and Order dated 19.8.1989 of the Patna High Court in Criminal Miscellaneous No. 2314 of 1989.
A.D. Sikri, Ranjan Mukherjee and D. Goburdhan for the Appellant.
R.K. Garg and A. Sharan for the Respondents.
The Judgment of the Court was delivered by FATHIMA BEEVI, J.
Spec... | A case was instituted on a private complaint by the appellant for offences under Sections 323 and 452 IPC before the Judicial Magistrate First Class, who transferred the case to Second Class Magistrate for enquiry.
The Second Class Magistrate issued process to the respondents, which was challenged under Section 482 Cr.... |
ivil Appeal No. 1349 of 1990 From the Judgment and Order dated 18.8.1988 of the Kerala High Court in E.S.A. No. 23 of 1987.
section Padmanabhan and R.N. Keshwani for the appellant.
The Judgment of the Court was delivered by K. JAGANNATHA SHETTY, J.
Special leave granted.
An extent of 80 cents of land which is in disput... | The land in dispute was agreed to be sold in favour of the appellant under an agreement.
Subsequently, a third party in execution of a decree got the property attached.
The sale deed was executed thereafter.
A question arose as to the validity of the sale.
The High Court held that the sale would be subject to attachmen... |
ivil Appeal No. 2998 of 1980.
From the Judgment and Order dated 17.11.1980 of the Aliahabad High Court in S.A. No. 2954 of 1979.
M.S. Gujral and Mohan Pandey for the Appellant.
Satish Chandra, Praveen Swarup and Pramod Swarup for the Respondent.
The Judgment of the Court was delivered by 801 THOMMEN, J.
This appeal by ... | Section 49 of the U.P. Consolidation of Holdings Act, 1953 puts a bar on the civil and revenue courts in respect of disputes in regard to which proceedings could or ought to have been taken under the Act.
The plaintiff appellant, an illiterate lady, wanted to make a gift of her properties in favour of her daughter.
Def... |
Petition Nos.
464 & 617 of 1977.
(Under Article 32 of the Constitution of India. ) K. Parasaran, Attorney General, Shanti Bhushan, Ashwani Kumar, K.G. Bhagat, L.N. Sinha, Raja Ram Aggarwal, S.P. Gupta, H.K. Puri, V. Parthasarthy, T.C. Sharma, P.P. Singh, Ms. A. Subhashini, Mrs. Sushma Suri, G. Gopalakrishnan, O.P. Rana... | Clause (f) of sub section
(2) of the empowers the Central Government to require any person dealing in any essential commodity to sell the whole or specified part of such commodity to it or the State Government or to a nominee of such Government.
Sub section (3) provides for payment to such a seller (a) the price agreed... |
Special Leave Petition (Civil) Nos. 4973/89 and 12763/89.
From the Judgment and Order dated 31.1.1989 of the Kerala High Court in O.P. No. 3218/88 and dated 25.3.82 of the Income Tax Appellate Tribunal, Cochin in I.T.A. No. 302/Coch/1977 78.
K.K. Venugopal and K.R. Nambiar for the Petitioner.
Soli J. Sorabjee, Attorney... | On November 11, 1968 the Petitioner was apprehended carrying contraband gold in a Maruti Car driven by him.
He was taken into custody and the seized gold was confiscated.
For the assessment year 1960 70 the Petitioner had filed a return declaring total income of Rs.9,571.
In finalising the assessment the Income Tax Off... |
Special Leave Petition (Civil) No. 7914 of 1989.
From the Judgment and Order dated 26.5.1989 of Delhi High Court in S.A.O. No. 296 of 1984.
V.M. Tarkunde and S.K. Gupta for the petitioner.
Dr. Y.S. Chitale, Ramji Srinivasan, P.K. Jain and Ra vinder Nath for the respondents.
The Judgment of the Court was delivered by R.... | The petitioner tenant was let out the demised premises by the landlord for a period of three years, with permission of Controller under section 21 of the Delhi Rent Control Act, the landlord died before the expiry of period of tenan cy.
After the expiry of the period, his legal representa tives made an application for ... |
tition No. 215 of 1989.
(Under Article 32 of the Constitution of India.) M.S. Gujral, Ms. Kirti Misra and B .B. Sawhney for the Petitioners.
G.B. Pari, O.C. Mathur, Ms. Meera and section Sukumaran for the Respondents.
The Judgment of the Court was delivered by K. RAMASWAMY, J.
This writ petition under article 32 filed ... | Some of the erstwhile employees of Burmah Shell, in an earlier writ petition, claimed restoration of the commuted portion of pension and enhancement of pension on par with the pensioners of Hindustan Petroleum Corporation Limited, (HPCL).
At the time of hearing, the claim for restoration of the commuted portion of pens... |
vil Appeal Nos. 4180 and 4181 of 1989.
From the Judgment and Order dated 20/21/22 7 1988 and 18/298 1988 of the Bombay High Court in Writ Petition Nos.
3313 and 3417 of 1987.
N.N. Keshwani and R.N. Keshwani for the Appellants.
383 A.B. Rohatgi, Mrs. Gool Barucha, M.J. Paul, Kailash Vasdev, R. Karanjawala, Mrs.M Karanja... | Jamunadas C. Tuliani is the owner and the landlord of the suit premises.
He instituted a suit for ejectment against five defendants on the ground that they were tenants of the said premises and were in arrears of rent for a period of more than six months which had not been paid inspite of notice having been served on t... |
Civil Appeal Nos.
4291 4292 of 1984 etc.
From the Judgment and Order dated 18.4.1984 of the Madras High Court in W.A. Nos.
561 and 562 of 1983.
K.N. Bhatt, V.C. Mahajan, Ms. R. Vegai, Mr. N.G.R. Prasad, C.S. Vaidyanathan, Ravinder Bhatt, K.V. Mohan, S.R. Setia, Raj Birbal, Ambrish Kumar, R.P. Kapoor, Vijay Kumar Verma,... | These appeals raised an identical question.
Civil Appeals Nos 4291 and 4292 of 1984 were preferred against the judgment of the Madras High Court in Writ Appeals Nos.
561 and 562 of 1983.
The appellant in these two appeals, an employee in the Bank of India, which is a Nationalised Bank, was dismissed.
Aggrieved, he pref... |
ivil Appeal No. 1369 of 1990.
From the Judgment and Order dated 16.6.1989 of the Bombay High Court in W.P. No. 2513 of 1989.
Anil B. Diwan, Y.R. Naik, section Thananjayan and K.R. Choud hary for the Appellant.
Dr. Y.S. Chitale, Y.T. John, C.V. Francies, C.V. Rappai, 3.
Prakash and V.K. Purwani for the respondents.
The ... | The question for determination is, can a licensee occu pying a flat in a tenant co partnership society be evicted therefrom under subsection (1) of section 91 of the Maha rashtra Cooperative Societies Act, 1960 notwithstanding the protection extended by Section 15A of the Bombay Rents, Hotels & Lodging House Rates Cont... |
vil Appeal Nos. 16 16 17 of 1990.
From the Judgment and Order dated 22.5.1989 of the Allahabad High Court in Writ Petition No. 2777/78 & dated 5.7.89 Review Petition No. 68(W)/89 in W.P. No. 2777/78.
K. Parasaran, Amitabh Misra, section Murlidhar and M.S. Ganesh for the Appellant.
P.P. Rao, Raja Ram Aggarwal, E.C. Agga... | The appellant and the respondents applied for the post of Reader in Psychology in Lucknow University.
Under the University Statute, the minimum qualification for the post was a Doctorate degree or a published work of high standard in the subject.
The respondents possessed Ph.D. degree, while the appellant 's thesis was... |
Civil Appeal No. 577 of 1961.
Appeal by special leave from the judgment and decree dated January 7, 1959, of the Allahabad High Court in Second Appeal No. 448 of 1952.
Sarjoo Prasad, Vithal Bhai Patel and S.S. Shukla, for the appellants.
C. B. Agarwala, and J. P. Goyal, for the respondent No. I. 1963.
May 3: The judgem... | Nine persons including K instituted a suit for ejectment and recovery of rent against two defendants and obtained a decree, but on appeal, the District judge set aside the decree against defendant No. 2.
The plaintiffs then filed a second appeal in the High Court on February 29, 1952, and while the appeal was pending K... |
ivil Appeal No. 931 of 1986.
From the Judgment and Order dated 3.10.1985 of the Madhya Pradesh High Court in Civil Misc.
W.P. No. 15 10 of 1981.
P.N. Lekhi, M.K. Garg, Aman Lekhi and Lokesh Kumar for the appellants.
R.B. Datar, Sakesh Kumar, Uma Nath Singh, Satish K. Agnihotri and Ashok Singh for the respondents.
The J... | The two appellants had joined as overseers in the P.W.D. of the respondent Madhya Pradesh State.
Thereafter they were appointed as Junior Engineers.
The grievance of the appel lants is with regard to their seniority in the next promo tional post viz, that of Assistant Engineer.
Recruitment Rules which govern the promot... |
Appeal No. 891 of 1988.
From the Judgment and Order dated 30.7.1987 of the Orissa High Court in O.J .C.
No. 162 1 of 1987.
Govind Das and J.R. Das for the Appellant.
P.N. Misra, A.K. Jha and P.K. Jena for the Respondents.
The following Judgments of the Court were delivered SAWANT, J. This is an appeal by special leave ... | After passing his M.A. examination securing more than 40 per cent marks (364 out of 900), the appellant secured admission in 1983 to three years law course in Ganjam Law College.
Along with his form seeking admission he had sub mitted the mark sheet with his M.A. degree certificate.
He completed his first year course '... |
ivil Appeal No. 698 of 1980.
From the Judgment dated the 2.5.1979 of the Kerala High Court in M.F.A. 346 of 1978.
M.M. Abdul Khader, Darshan Singh and Praveen Kumar for the Appellant.
P.S. Poti, P.K. Pillai (N.P.), T.T. Kunnhikannan and Ms. Malini Poduval for the Respondents.
The Judgment of the Court was delivered by ... | The appellant company was maintaining a large eucalyptus plantation for captive consumption in its production of Rayon Grade Pulp.
The State of Kerala claimed that as a consequence of the Kerala Private Forests (Vesting and Assignment) Act, 1971, the eucalyptus plantation being a 'private forest ' stood transferred to ... |
vil Appeals Nos.
4885 91 of 1989.
From the Judgment and Order dated 21.9.
1989 & 6.10.1989 of the Punjab & Haryana High Court in C.W.P. No. 11218/89 and 12519, 12520, 12521, 12593, 12868 & 12463 of 1989.
P.H. Parekh, Manoj Swarup and J.P. Pathak for the Appellant.
Krishan Kumar and Mehta Dave & Co. for the Respondents.... | For admission to B.E. Course (1989 90 Session) in the appellant Institute and 3 other institutes, there was a Combined Entrance Test held by the Punjab University.
The results were declared, and students allotted to the respec tive institutes of their choice.
The appellantInstitute drew up merit list of candidates allo... |
ivil Appeal No. 1778 of 1990.
From the Judgment and Order dated 5.7.1988 of the Bombay High Court in Contempt Petition No. 106 of 1987.
P. Chidambaram, Ms. Raian Karanjawala, Mrs. Manish Karanjawala and Mrs. Meenakshi Arora for the Appellant.
K.S. Cooper, K. Parasaran, Anil B. Divan, A.S. Bhasme, P.H. Parekh, Sunil Dog... | The appellant landlord obtained a decree of eviction of respondent No. 1 company from the suit premises.
Aggrieved, respondent No. 1 filed a Writ Petition before the High Court.
Dismissing the Petition, the High Court granted eight weeks ' time to respondent No. 1 for vacating the suit prem ises, subject to the filing ... |
Appeal No. 91 of 1957.
Appeal from the judgment and order dated March 29, 1956, of the Saurashtra High Court at Rajkot in Civil Reference No. I of 1955.
Shankarlal G. Bajaj and P. C. Aggarwal, for the appellant.
K. N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the respondent.
October 9.
The Judgment of the Court... | The assessee, a private limited company in Saurashtra, was assessed for the assessment year 1952 53 on a total income of Rs. 26,385.
It was assessable at the rate of four annas per rupee but in view of the provisions of the Part B States (Taxation Concession) Order, 1950, it was actually assessed at the rate of sixteen... |
ivil Appeal No. 1837 of 1990.
From the Judgment and Order dated 17.1.1989 of the Patna High Court in C.W.J.C. No. 4276 of 1988, A. Sharan for the Appellants.
Pankaj Kalra and Pramod Swarup for the Respondents.
The Judgment of the Court was delivered by AHMADI, J.
Delay condoned.
Special leave granted.
This appeal arise... | The State of Bihar published an advertisement inviting applications for appointments to the junior teaching posts in medical colleges in the State of Bihar.
For the post of Assistant Professor.
only such officers who had worked as Resident or Registrar in Medical Hospitals recognised for imparting M.B.B.S. studies by t... |
Special Leave Petition (Civil) No. 1008 of 1986.
From the Judgment and Order dated 25.11.1985 of the Madhya Pradesh High Court in Misc.
Petition No. 551 of 1981.
Dr. N.M. Ghatate and S.V. Deshpande for the Petitioners.
Kuldip Singh, Additional Solicitor General, B.B. Ahuja and Miss. A Subhashini for the Respondents.
Th... | On or about 12th May, 1973 the Superintendent of Central Excise issued search warrant under section 105 of the authorising an Inspector of Central Excise to search the residential premises of the petitioner.
A search was made and 565 foreign wrist watches were recovered from the premises.
The petitioner was given a not... |
.L.P. (Civil) No. 8896 of 1985.
From the Judgment and Order dated 18.12.
1984 of the Madras High Court in Civil Revision Petition No. 5539 of 1983.
WITH C.M.P. No. 28592 of 1988.
488 R.F. Nariman, J.P. Pathak, M.B. Shivraj and P.H. Parekh for the Petitioner.
T.S. Krishnamurthy Iyer and Mrs. section Dikshit for the Resp... | The respondent, claiming to be the beneficiary to the estate of deceased 'M ' under a will executed by her, filed an application in the Sub Court for Letters of Administra tion.
The petitioner lodged a caveat and opposed the probate of the will on the ground that the will propounded by the respondent was a fictitious o... |
ivil Appeal No. 1924 of 1990.
From the Judgment and Order dated 6.8.1986 of the Kerala High Court in E.S.A. No. 15 of 1979.
543 K.K. Venugopa|, M.K. Sasidharan and P.K. Pillai for the Appellants.
T.S. Krishnamoorthy Iyer, P.S. Poti, section Balakrishnan, Deepak Nargoalkar, E.M.S. Anam, R.M. Keshwani, M.K.D. Nam boodiri... | The appellants fried an Execution Application in 1970 in the Court of Munsiff under Section 13(B) of the Land Reforms Act 1969 for the restoration of the possession of the properties which were sold in Court auction in pursuance of a decree for arrears of rent.
The decree holder and Court auction purchasers were close ... |
Criminal Appeal No. 27 1 of 1990.
From the Judgment and Order dated 16.1.1989 of the Delhi High Court in Criminal Writ No. 34 of 1989.
K.V. Vishwanathan and S.R. Setia for the Appellant.
T.T. Kunhikanna, Udai Lalit and P. Parmeshwaran for the Respondents.
The Judgment of the Court was delivered by K. JAYACHANDRA REDDY,... | The appellant after his Haj pilgrimage had been to Jeddah and from Jeddah he landed in Bombay on 15.9.1987.
Thereafter he boarded a bus to go to his native place in Kerala.
On 17.9.1987, the Custom authorities intercepted the bus wherein the petitioner was travelling and in the presence of the panch witnesses, searched... |
ivil Appeal Nos.
188 89 of 1987.
From the Judgment and Order dated 21.11.
1986 of the Punjab & Haryana High Court in First Appeal Order Nos.
620 & 619 of 1986.
571 K.K. Jain and Pramod Dayal for the Appellant.
Meera Chhabra and Ms. Pani Chhabra for the Respondents.
The Judgment of the Court was delivered by RANGANATH M... | In a claim for compensation, the Motor Accident Claims Tribunal held that the insurer was not liable to meet the award of compensation against the owner of the vehicle, as the policy had been taken after the accident.
On appeal, the High Court held that the insurance policy obtained on the date of accident became opera... |
vil Appeal Nos.977 & 978 of 1988.
From the Judgment and Order dated 17.12.1987 Tribunal, Bangalore of the Karnataka Administrative in Application No. 4743 of 1986(T).
P.P. Rao, R.B. Datar, S.R. Bhat, P. Chowdhary, P.R Ramasesh and R.P. Wadhwani for the appearing parties.
The Judgment of the Court was delivered by RANGA... | The appellant joined service under the State Government as a Lecturer.
Later he was deputed to the Directorate of Youth Services as an Assistant Director and subsequently confirmed in the said post.
On 27th of March, 1978, he was temporarily promoted as Deputy Director for a period of six months, and an order was made ... |
: Criminal Appeal Nos.
375 77 of 1987.
From the Judgment and Order dated 22.10.1984 in the Allahabad High Court in Crl.
A. Nos. 1925, 1808 of 1981 and Government Appeal No. 2599 of 1981.
R.K. Garg, Prith Raj, U.R. Lalit, R.L. Kohli, Shivpujan Singh, Manoj Prashad, Dalveer Bhandari, T. Sridharan (N.P.) and B.S. Chauhan ... | 14 accused were tried for offences under section 148 and 302 read with Section 149 of I.P.C. for the murder of two persons named Mahendra Singh and Virendra Singh and injuries to 3 others named Vijay Narain Singh, P.W. 1, Uma Shankar Singh, P.W. 2 and Kailash Singh.
Accused No. 6 Chirkut Singh was further tried under S... |
ivil Appeal Nos.
1936 & 1937 of 1990.
From the Judgment and Order dated 26.7.1989 of the Delhi High Court in C.W.P. No. 852 of 1989 and 2852 of 1988.
S.K.Mehta, Aman Vachhar and Atul Nanda for the Appellants.
S.C. Manohanda, Manoj Arora, V.K. Sharma and R.K. Maheshwari for the Respondents.
630 The Judgment of the Court... | The appellants purchased properties in auction sales conducted by the Tax Recovery Officer for recovery of income tax and were issued sale certificates.
Copies of certifi cates were also sent to the SubRegistrar, as required under Rule 21 of the Income Tax (Certificate) Proceedings Rules ITCP Rules.
The appellants appr... |
Appeal No. 62 of 1990.
From the Judgment and Order dated 2.12.1989 of the Allahabad High Court in C.M.Appn.
No. 17984 (W) of 1989 in W.P. No. 5400 of 1989.
Mukul Mudgal for the Appellant.
Anil Dev Singh, G.L. Sanghi, Mrs. Shobha Dikshit, E.C. Agrawala, Atul Sharma and V.K. Pandita for the Respondents.
The Judgment of t... | The appellant who was nominated by the State of Himachal Pradesh to undergo the B.D.S. course in the State of Uttar Pradesh, successfully completed his course and secured the B.D.S. degree.
For this purpose he had stayed in that State for over a period of five years.
Later, he applied for admission to the M.D.S. course... |
ivil Appeal No. 1280 & 1281 of 1988.
From the Judgment and Order dated 21.4.1987 of the Calcutta High Court in Appeal from Original Order No. 128 of 1985, Award Case No. 151 of 1987.
A.K. Sen, Dr. Shankar Ghosh, Ajay K. Jain, Praveen Kumar and Pramod Dayal for the Appellant.
M.K. Banerjee and G.S. Chatterjee for the Re... | Certain disputes having arisen between the Union of India and the Contractors in respect of the Contract awarded to the letter for the execution of certain civil works pertaining to the Metro Railway Project in Calcutta, the same were referred for decision to two Arbitrators appointed by the High Court of Calcutta.
The... |
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