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The State of Maharashtra & Anr. … Respondents Mr. Rahul Kadam for the applicant. Mr. R.M. Pethe, APP for respondent no.1/State Ms. Anjali Patil for respondent no.2. Mr. Ashish Kumar i/by ALJ & Partners for respondent no.3. 1. The applicant is challenging order dated 27th November, 2021 passed by th...
The Bombay High Court has reiterated that a first informant has a right to audience in the discharge application filed by the accused before the Court. To observe thus, the bench of Justice Amit Borkar relied upon the High Court's 2020 ruling in the case of Prakash C. Sheth vs The State Of Maharashtra And Anr, wherein...
Versus Leave granted. 2. A Division Bench judgment of Rajasthan High Court, dated 25.11.2021, is under challenge before this Court. Apart from the appeals, there are three Writ Petitions as well before this Court, on the same issue. All the same, while dealing with these cases, for facts, we would be referring to Civil...
The Supreme Court on Friday ruled that Bachelor of Education (B.Ed) candidates are ineligible to hold primary school teacher posts. [Devesh Sharma v. Union of India and ors] A Bench of Justices Aniruddha Bose and Sudhanshu Dhulia upheld a Rajasthan High Court decision to quash a 2018 National Council for Teacher Educat...
ICTION: Writ Petition (CRL) Nos. 1566/86, 186/85,192/86,338/88 & 649/87. (Under Article 32 of the Constitution of India.) R.K. Jain, Rangarajan, Mrs. Urmila Sirur, Mohd. Naseem, Rakesh K. Khanna, P.K. Jain, Mukul Mudgal, Sanjay Parikh, B.P. Singh, P. Krishna Rao, B.K. Prasad, Ms. Malini Poduwal, Lalit Kumar Gupta, Mano...
The accused were convicted under section 302 I.P.C. and sentenced to death by the trial court. The High Court con firmed their conviction and 510 sentence. This Court dismissed their special leave peti tions/appeals and subsequent review petitions. Their mercy petitions to the President and/ or Governor were also re je...
At the outset, be it noted, it is settled law that “a jurisdiction can neither be waived nor created even by consent and even by submitting to jurisdiction, an Assessee cannot confer upon any jurisdictional authority, something which he lacked inherently”. The said ratio squarely applies to the case on hand. 2. The app...
The Madras High Court invalidated the reassessment procedures on the basis that the reopening of the income tax assessment was conducted by an officer without jurisdiction.The division bench of Justice R. Mahadevan and Justice J.Sathya Narayana Prasad has observed that the ACIT Mumbai, who recorded the reasons for reop...
ION: Civil Appeal No. 3054 of 1987. From the Judgment and order dated 20.2. 1987 of the Allahabad High Court in Civil Revision No. 157 of 1986. A.B. Diwan, Sandeep Narain and Shri Narain for the Appellant. V.M. Tarkunde, Shakeel Ahmed Syed for the Respondent. The following Judgments were delivered by SABYASACHI MUKHARJ...
% The appellant, a State Government enterprise, on or about May 17, 1983, entered into a contract with the respondent, a private limited company, for the supply and installation of a vanaspati manufacturing plant at a place in the district of Nainital. The contract bond contemplated guaranteed performance of the work a...
Appeal No. 748 of 1966. Appeal by special leave from the judgment and order dated February 16, 1965 of the Allahabad High Court in Civil Revision No. 373 of 1963. B. Sen and O.P. Rana, for the appellant. Yogeshwar Prasad, Paras N. Tiwari,S.S. Khanduja for B. Dutta, for the respondent. The Judgment of the Court was deli...
The Raja of an impartible Estate in U.P. executed certain Gujaranama deeds in 1949 including one in favour of the respondent, his younger brother. After the U.P. Zamindari and Land Reforms Act, 1950 (U.P. Act 1 of 1951) came in force the respondent made an application before the Rehabilitation Grants Officer under sect...
view Petition Nos. 557 564 & 571,594/1987. IN 827 CIVIL MISC. PETITION NOS. 25279, 13195, 19336, 18600, 1563, 15031 33, 19552, 20695/1986. IN CIVIL APPEAL NOS. 3005, 1599, 2194, 2067, 158 2148 50, 2902/86, 2533/86,223/88. G. Ramaswamy Additional Solicitor General, A.K. Ganguli, P.P. Singh, R.P. Srivastava and P. Parmes...
An application for condonation of delay was filed by the petitioner Revenue alongwith statutory appeals against the judgment/order of the Customs, Excise and Gold Control Appellate Tribunal. The application was rejected by a Single Judge of this Court under Order VI, Rule 2(14) of the Su preme Court Rules, 1966. The Re...
1. By this writ petition the petitioner father intends to invoke the Constitutional powers of this Court under Article 226 and 227 of the Constitution of India to challenge the order passed by learned Additional Sessions Judge, Ahmednagar, District Ahmednagar, on 25- 04-2019 in Criminal Revision Application No.23...
The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. "The said provision is made for the immediate support that too financial in nature of a person so that he or she can sur...
Civil Appeal No. 1724 of 1982. From the Judgment and order dated the 15th March, 1982 of the Gauhati High Court (Agartala Bench) in E.P. No. 2 of 1980. G.L. Sanghi, S K. Nandy and section Parekh, for the Appellant. R.K. Garg and S.C. Birla for the Respondent. The Judgment of the Court was delivered by SABYASACHI MUKHAR...
Respondent No. 1 was employed in the Agartala Municipality and held the post of an Assistant Accountant. The Commissioners of this Municipality were superseded by an order of the State Government under Section 553 of the Bengal Municipal Act, 1932 as extended to the State of Tripura in 1975. Respondent No, 1 who was un...
Appeal No. 81 of 1977. (Appeal by Special Leave from the judgment and order dated 6 12 1976 of the Delhi High Court in C.R. No. 248/76). F.S. Nariman, N.S. Sistani and K.C. Dua for the appellant. K.K. Jain, S.K. Jain and P. Dayal, for respondent No. 1. 314 The Judgment of the Court was delivered by KRISHNA lYER, J. Del...
The respondent No. 1 landlord let out his building to the appellant, a company to carry on business and use part of it for its manager 's residence. The landlord was occupying residential premises allotted by the Central Government. After the amendment of the. Delhi Rent Control Act, 1958, by Ordinance 24 of 1975 which...
ition (Crl.) No. 648 of 1987 etc. (Under Article 32 of the Constitution of India) D.S. Tewatia, Mukul Mudgal, Rakesh Khanna, P.K. Jain, R.P. Singh, C.V.S. Rao, Prem Malhotra, S.K. Sabharwal, Mahabir Singh, Mrs. Urmila Kapoor and N. Sudhakaran for the appearing parties. The Judgment of the Court was delivered by RANGANA...
The petitioners who have been convicted for the offence punishable under section 302 of the Indian Penal Code and have been sentenced to life imprisonment, claim entitlement to the benefit of section 5 of the Act. Dismissing the writ petitions, HELD: The Punjab Borstal Act, 1926 does not have application to an offence ...
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...
N: Criminal Appeal No. 483 of 1980. From the Judgment and Order dated 6.11.79 of the Andhra Pradesh High Court in Crl. A. No. 789 of 1979. T.V.S.R. Krishna Sastry, Vishnu Mathur and V.B. Saharya, Amicus curiee (NP) for the Appellants. G. Prabhakar for the Respondent. The Judgment of the Court was delivered by KASLIWAL,...
Twelve persons, including the appellants, were challaned for the murder of Sarpanch of a village. Relying on the evidence of P.Ws. 1,2 and 7 in toto and that of P.W.3 to some extent, the Sessions Judge convicted all the accused persons for the offences under Section 302 read with Section 149 I.P.C. and awarded sentence...
Appeal Nos. 1298 and 1299 of 1969. Appeal from the Judgment and Decree dated the 9th Au gust, 1966 of the Punjab and Haryana High Court in Regular First Appeals Nos. 134 and 120 of 1963. N.H. Hingorani for the Appellant. O.P. Sharma for Respondent. The Judgment of the Court was delivered GOSWAMI, J. These appeals are b...
The appellant was appointed as a clerk in the Patiala State in 1948. On the formation of the new State of Punjab in 1956, the appellant was integrated in the service of the new State of Punjab as permanent Assistant. The appellant overstayed leave and. therefore, after holding an enquiry the Financial Commissioner. Pun...
Appeal No. 1110 of 1965. Appeal from the judgment and decree dated July 6, 1959 of the Patna High Court in First Appeal No. 235 of 1951. Sarjoo Prasad and B.P. Jha, for the appellants. C.B. Agarwala, P.K. Chatterjee and R.B. Datar, for the respondents (in Excepting respondents Nos. 15(b) to 15(d). The Judgment of the C...
The plaintiffs (appellants herein) obtained settlements of certain land owned by a deity in village Siripur Majrahia in Bihar. The contesting defendants (respondents herein) owned lands in the villages of Kazi Dumra and Shankarpur which were separated from Siripur Majrahia by a river. The plaintiffs claimed that in con...
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 ...
ivil Appeal No. 2659 of 1986. From the Judgment and Order dated 14.6.1985 of the Appellate Authority Delhi in Appeal No. 2 of 1985. Anil Kumar Gupta and B.N. Singhvi for the Appellant. Raja Ram Agarwal, Parveen Kumar and Vivek Gambhir for the Respondents. The Judgment of the Court was delivered by RANGANATH MISRA, J. T...
The appellant was in the service of Respondent firm from April,1944 till he resigned on 24.5.83. The employer did not determine the amount of gratuity payable to the appellant. Appellant furnished the necessary application for payment of gratuity and since no action was taken by the employer, the appellant approached t...
: Criminal Appeal No. 315 of 1974. Appeal from the Judgment and Order dated 22 5 1974 of the Allahabad High Court in Contempt Case No. 43/73. D. Mukherjea, R.N. Sharma, Umesh Chand, R.N. Trivedi, S.P. Pathak, Hari Nath Tilhari, S.R. Srivastava, M.N. Sharma and O.P. Lal for the Appellants. Yogeshwar Prasad, (Miss) Rani ...
The appellant No. 1 is the President of the Oudh Bar and appellant No. 2 is the Chairman of Action Committee of the Oudh Bar Association. They met and passed a Resolution that the Chief Justice of Allahabad High Court was acting in a most partisan manner under the influence of the Allahabad Bar and that it was unbecomi...
1. The petitioner, who is a serving officer of the Delhi Higher Judicial Services, and is currently posted as the Additional District Judge- 02 South District Saket Courts New Delhi, has approached this Court being aggrieved by the refusal of the respondent nos. 1 to 3 in reimbursing in full the expenses incurred b...
The Delhi High Court on Tuesday directed the Delhi Government to pay over Rs. 16 lakhs to a senior judicial officer, who is an Additional District Judge in Saket Courts, as reimbursement for the expenses incurred by him for his COVID-19 treatment last year. ADJ Dinesh Kumar was admitted in the city's PSRI Hospital bet...
Through: Mr. KS Choudhary, Adv. versus Through: Mr. Ajay Vikram Singh, APP Mr. Shilankar Shakya, Adv. for R -2-4 SI Satyapreet, PS Jaitpur 1. This is a petition filed seeking quashing of the FIR No. 416/2017 dated 12.08.2017 registered at PS Jaitpur Section 323/506/509/354/354B/34 IPC. 2. As per the FIR, the complaint ...
The Delhi High Court recently ordered a group of people to plant ten trees and look after them for a decade while quashing a first information report (FIR) registered against them. Justice Jasmeet Singh said that the trees shall be planted near their residence in consultation with the investigating officer concerned. ...
(C) Nos. 1189798 of 1992 etc. From the judgment and Order dated 28.8.1992 of the Delhi High Court in Civil Writ Petition Nos. 1152 & 1157 of 1992. V.R. Reddy, Addl. Solicitor General, Kapil Sibbal, P.P. Rao, Rama Jois, A. Temton, Dr. Shankar Ghosh, K.K Venugopal, Harish Salve, F.S. Nariman, A.N. Haksar, Shanti Bhushan,...
The Railway Board entered into contracts with 12 manufactur ers for the supply of cast steel bogies to be used for building the wagons, every year. Among them H.D.C., Mukand and Bhartiya had capacity to manufacture larger quantities. In 1991 two new firms Simplex and Beekay also entered the field. For the year 1992 93,...
Civil Appeal No. 996 of 1979 From the Judgment and Order dated 26.10.78 of the Madhya Pradesh High Court in Misc. Petition No. 176/74. S.N. Kacker, S.K. Ghambir and Ashok Mahajan for the appellant. T.U. Mehta, S.S. Khanduja, R.D. Jain, Mehfooz Khan and Yashpal Dhingra for the respondents. The Judgment of the Court was ...
The Board of Directors of the appellant bank was superseded by the Registrar of the Cooperative Societies and its powers were vested in the M.P. State Cooperative Bank which is an Apex Bank as "officer in charge" of the superseded bank. The Apex Bank appointed one S.P. Jain as the Chief Executive officer of the appella...
Jug Suraiya, Bachi Karkaria, E.P.Unny and G.Sampath ... if any one of them, or for that matter any satirist or cartoonist had authored this judgement, they would have proposed a momentous amendment to the Constitution of India to incorporate sub-clause (l) in Article 51-A. Article 51-A states that it shall be ...
"The very registration of the impugned FIR is absurd and an abuse of legal process", the Court said.While quashing an FIR registered against an office-bearer of CPI (ML) who uploaded vacation pictures with the caption 'Trip to Sirumalai for shooting practice', the Madurai Bench of Madras High Court went on to make some...
Civil Appeal Nos. 3023 3029 OF 1979. From the Judgment and order dated 14.6. 1979 of the High Court of Gauhati in Civil Rule Nos. 509 to 512 of 1973. R.F. Nariman, P.H Parekh. M.K.S. Mench and Sanjay Bharthri for the Appellants. Prabir Chaudhary for the Respondents. The Judgment of the Court was delivered by SABYASACHI...
% The Assam Taxation (on Goods Carried by Road or Inland Water ways) Act,1954 was struck down as ultra vires the Constitution in Atiabari Tea Co. Lld. vs State of Assam, ; A new Act was thereafter passed which received the President 's assent on April 6, 1961. The High Court declared the said Act to be ultra vires on A...
Appeal No. 1360 1966. Appeal from the judgment and decree dated January 19, 1962 of the Madras High Court in Appeal No. 351 of 1958. M.C. Chagla, M.K. Ramamurthi, section Sethuratnam, J. Ramamurthy and Vineet Kumar, for the appellant. V.V. Nair, for the respondent. 456 The Judgment of the Court was delivered by Shah, J...
The appellant agreed on July 4, 1956 to purchase certain lands from the respondents for Rs. 12,000. A memorandum reciting that Rs. 2,000 were paid as advance by the appellant to the respondents was executed by both parties. Three days later the respondents informed the plaintiff by a letter that only a sum of Rs. 350 w...
Appeal No. 1830 of 1975. Appeal by Special Leave from the Judgment and Order dated 10 9 75 of the Delhi High Court in Civil Writ Petition No. 475/75. Soli Sorabjee, Ravinder Narain, Talat Ansari and Shri Narain, for the Appellants. V.P. Raman, Addl. for India, S.K. Mehta and Girish Chandra, for the Respondent. The Judg...
The appellant succeeded before the revisional authority and obtained the orders of refund of duty levied and col lected on the consignment of ten metric tonnes of Manganese dioxide. As no action was taken, the appellant gave a notice on October 3, 1974 u/s 80 C.P.C. for institution of a suit for recovery of refund. On ...
Appeal Nos. 2410 and 2411 of 1966. 91 Appeal from the judgment ,and order dated March 20, 1963 of the Punjab High Court, Circuit Bench at Delhi in R.F.A. No. 122 D of 1962. Bishan Narain, K. K. Raizada and A.G. Ratnaparkhi, for the appellant (in both the appeals). A.S. Nambiar, K.R. Nambiar and Lily Thomas, for the res...
The appellant 's suit against the respondent for rendition of account and other reliefs was valued at Rs. 5,930/ for purposes of court fee and jurisdiction. The suit was decreed in part and the amount decreed was less. than the amount at which he stated his tentative valuation. He filed an appeal to the District Court ...
ition No. 1938 of 1981 (Under Article 32 of the Constitution of India) M. K. Ramamurthy and P. P. Singh for the Petitioners. M. C. Bhandare, Raju Ramalchandran, R. R. Garg, V. J. Francis and N.M. Popli for the Respondents. Normally a resolution of such a dispute these two well known groups of service employees would ne...
The 39 petitioners in the writ petition were promotees to the post of Assistant in the Indian Council of Agricultural Research first respondent. The Nos. 3 second respondent was the Union of India and respondent Nos. 3 to 31 were direct recruits to the same post. Respondent Nos. 32 to 88 were also promotees and implead...
: Criminal Appeal Nos. 380 of 1989 and 323 of 1988. From the Judgment and Order dated 28.1.1988 of the Allahabad High Court in Crl. Appln. No. 995 of 1987. G. Ramaswamy, Additional Solicitor General, Anil Dev Singh, Miss A. Subhashini and R.P. Kapur for the Appellants. R.L. Kohli, Manoj Saxena and R.D. Upadhyay for the...
The respondents, two employees of a nationalised Bank and two account holders, were charged with offences punisha ble under Sections 120B, 420, 468, 471 I.P.C. and 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The F.I.R. alleged that the two Bank employees entered into a criminal conspiracy ...
Appeal Nos. 3115 16 of 1980. From the Judgment and Order dated 15.6.1978 of the Bombay High Court in I.T. Ref. No. 458 of 1976. V.U. Eradi and Suman J. Khaitan for Khaitan & Co. for the Appellant. section Rajappa for Ms. A. Subhashini for the Respondent. The Judgment of the Court was delivered by B.P. JEEVAN REDDY, J. ...
Ballarpur, a public limited company undertook to set up a caustic soda/chlorine manufacturing plant. It entered into an agreement with a French concern for purchase of certain machinery and equipment. In another agreement with Ballarpur, the French concern agreed to provide services of certain personnel and Ballarpur a...
Counsel for Appellant :- Rahul Agnihotri,Amrendra Singh,Anil Counsel for Respondent :- Govt. Advocate Case :- CRIMINAL APPEAL No. - 120 of 2010 Counsel for Appellant :- Mukul Rakesh,A.K. Gupta,Abdul Rafay Counsel for Respondent :- Govt. Advocate,Abhishek Misra (1) Three accused persons, Sarafat, Noor Mohammad and Aja...
The Allahabad High Court (Lucknow Bench) recently upheld the life sentence awarded to three murder convicts for killing one Kadhiley in April 2004. The Court also underscored that mere delay in lodging the FIR may not prove fatal in all cases. The bench of Justice Ramesh Sinha and Justice Saroj Yadav further stressed t...
minal Appeal No. 51 of 1967. Appeal by special leave from the judgment and order dated October 3, 1966 of the Bombay High Court, Nagpur Bench in Criminal Revision Application No. 168 of 1966. R. K. Garg, section C. Agarwala, G. V. Kalikar, section K. Dhingra and M. section Gupta, for the appellants. W. section Barlinga...
The Nagpur District Land Development Bank Ltd. was registered as a society under the Maharashtra Cooperative Societies Act, 1960. There was dispute as to whether one 'M ' had been elected as a member of the Bank at a meeting of the Board of Directors. The Registrar of Cooperative Societies referred the dispute to a nom...
Appeal No. 103 of 1950. Appeal from a Judgment of the Bombay High Court (Chagla C.J. and Tendolkar J.) dated 25th March, 1949, in Income Tax Reference No. 31 of 1948. M. C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the appellant. R.J. Kolah, for the respondent. Oct. 1. The Judgment of the Court w...
The expenditure incurred by a company carrying on the manufacture and sale of textile goods in registering for the first time its trade marks which were not in use prior to the 25th January, 12 1937, is revenue expenditure and an allowable deduction under Sec. 10 (2) (xv) of the Indian Income tax Act. The fact that a t...
Arising Out of PS. Case No.-1551 Year-2019 Thana- PATNA COMPLAINT CASE District- Patna Mr. Rahul Gandhi ... ... Petitioner Versus The State of Bihar through The Secretary Deptt. of Home Old Secretariat, Patna (Bihar) & Anr. ... ... Opposite Parties Appearance : For the Petitioner/s : Mr. Ansul, Advocate For the State :...
The Patna High Court on Monday stayed till May 15, the proceedings before a Bihar court against Congress leader Rahul Gandhi in a defamation case filed against him by Bhartiya Janta Party (BJP) leader Sushil Kumar Modi. The interim stay Justice Sandeep Singh stayed the proceedings on a plea by Gandhi to quash the summo...
The prayer in the present petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.130 dated10.08.2021 under Sections 21,23 and 29 of the NDPS Act, registered at 2. The brief facts of the case are that secret information was received by the investigating agenc...
The Punjab and Haryana High Court, while rejecting an anticipatory bail application on Wednesday filed by an alleged drug smuggler in close contacts with suppliers from Pakistan, made serious observations on the situation of rising cross border narco-terrorism with increasing use of drones to smuggle drugs and weapons ...
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...
ed Case No.7 of 1987 In Transfer Petition No. 390 of 1986. Dr. Y.S Chitale, T .U. Mehta and R.P. Kapur for the Petitioners N.N. Keshwani, R.N. Keshwani, Ms. Madhu Moolchandani and K. Rajendra Chodhary for the Respondents. The Judgment of the Court was delivered by SEN, J. The principal question in controversy in this p...
The Esso Eastern Inc., a Company Organised and existing under U. section Laws was engaged in the business of distributing and marketing petroleum products manufactured by Esso Standard Refining Co. of India Ltd. and Lube India Ltd. and had established places of business in India. In order to provide residential accommo...
minal Appeal No. 918 of 1981. From the Judgment and Order dated 10.8.81 of the Punjab & Haryana High Court in Crl. A. No. 417 DB of 1980. U.R. Lalit, M. Qmaruddin and Mrs. M. Oumaruddin for the Appellant. Ranbir Singh Yadav and R.S. Suri (NP) for the Respondent. The Judgment of the Court was delivered by N.P. SINGH, J....
The prosecution case was that the appellant and the deceased were intimate friends. The appellant nursed a grudge against the deceased, as he misbehaved with the wife of the appellant. On July 8, 1979 in the morning the deceased accompanied the appellant to Mohali, where the appellant wanted to do business. At Mohali, ...
ivil Appeal No. 2183 of 1988. From the Judgment and Order dated 25.3.1988 of the Allahabad High Court in F.A.F.O. No. 951 of 1987. N.D.B. Raju and N. Ganapathy for the Appellants. M.S. Ganesh and Murlidhar for the Respondents. The Judgment of the Court was delivered by K. JAGANNATHA SHETTY, J. The question raised in th...
A Constable while returning home after performing his duties was knocked down by a tractor owned by appellant No. 1, and driven by appellant No. 2 who had no driving licence. As a result of the accident, the Constable died and his widow and children claimed compensation, before the Tribu nal. Awarding a compensation of...
Appeal No. 1330 Of 1966. Appeal from the judgment and order dated August 4, 7, 1964 of the Bombay High Court in Appeal No. 65 of 1962. K.S. Shavaksha, R.A. Shah, J.B. Dadachanji and Bhuvanesh Kumari, for the appellant. M.C. Chagla, 1. M. Chagla,. Anoop Singh, M.N. Shroff, for 1. N. Shroff, for the respondent. The Judgm...
In 1946 the trade mark 'PROTOVIT ' was registered for one of the vitamin preparations manufactured by the appellant company. In 1957 the respondent company applied for registration of its mark 'DROPOVIT ' in respect of "medical and pharmaceutical preparations and substances". The application was granted. When the appel...
The prayer in the present petition under Section 439 Cr.P.C is for the grant of regular bail in case bearing FIR No.26 dated 08.02.2022 (Annexure P-1) registered under Sections 387, 120-B IPC and Sections 25, 27, 54, 59 of the Arms Act at Police Station Sector-34, Chandigarh. 2. The present FIR has been lodge...
The Punjab and Haryana High Court last week granted bail to a relative (brother-in-law) of alleged Gangster Sampat Nehra accused of receiving ransom money in his bank account. Observing that offences of this kind must be nipped in the bud, the bench of Justice Jasjit Singh Bedi, however, went ahead to grant bail in vie...
Appeal No. 30 of 1958. Appeal by special leave from the judgment and order dated March 24, 1955, of the Punjab High Court in Civil Reference No. 3 of 1953. Gopal Singh, for the appellants. K. N. Rajagopala Sastri and D. Gupta, for the respondent. 212 1960. August 17. The Judgment of the Court was delivered by HIDAYATUL...
The appellant entered into contract with Government for the supply of goods, and in the assessment year 1942 43 Rs. 10,80,653 and in the assessment year 1943 44, Rs. 7,45,336 were assessed as its income by the Income tax Officer. The supplies to Government were made for. Jaipur by the appellant, and payment was by cheq...
ivil Appeal No. 785 of 1988. From the Judgment and Order dated 6.3. 1987 of the Bombay High Court in Writ Petition No. 1166 of 1981. Appellant in person. Dr. Y.S. Chitale and V.B. Joshi for the Respondents. The Judgment of the Court was delivered by AHMADI, J. This is an appeal by Special Leave under Article 136 of the...
The appellant joined as a Lecturer in 1971, in a College affiliated to Pune University in the scale of Rs.300 600 prescribed by the University Grants Commission. Earlier, in 1967 the State Government accepted in principle the Govern ment of India Scheme based on recommendations of the Univer sity Grants Commission for ...
Appeal No. 1115 of 1966. Appeal by special leave from the judgment and decree dated November 18, 1965 of the Punjab High Court in Regular Second Appeal No. 1169 of 1962. Rameshwar Dial and .4. D. Mathur, for the appellants. K.S. Chawla, K.L. Mehta and S.K. Mehta, for respondents Nos. 1 to 7. The Judgment of the Court w...
In August, 1935 the owner of a piece of land mortgaged a part of it without possession to M. In November 1914 he mortgaged the entire area of the land to A. Thereafter he sold his rights in the land (except in a small area) in May. 1943 to the plaintiffs. In May, 1951 the plaintiffs applied under section 4 of the Redem...
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 ...
ION: Criminal Appeal No. 32 of 1958. Appeal by special leave from the judgment and order dated April 25, 1957, of the Allahabad High Court in Criminal Appeal No. 992 of 1954, arising out of the judgment and order dated January 25, 1954, of the Additional Sessions Judge, Gorakhpur in Sessions Trial No. 71 of 1953. secti...
The relations between one G and his wife were strained and she went to live with her father B and her brother V, the appellant. G, with three others, went to the quarter of B and he went inside and came out dragging his reluctant wife behind him. She caught hold of the door and G started pulling her. At this the appell...
ivil Appeal Nos. 980 982 of 1971. Appeals by Special Leave from the Judgment and Order dated the 9 2 70 of the Andhra Pradesh High Court in case Referred No. 1 of 1967. R. Vasudev Pillai and P. K. Pillai for the Appellant. R. M. Mehta and section P. Nayar, for the Respondent. The Judgment of the Court was delivered by ...
The Government of India was placing bulk purchase orders with the assessee company, a textile mill, which had, during the assessment years 1945 46, 1946 47 and 1947 48, its registered office in the Hyderabad State outside British India. After the despatch of the goods, the assessee was submitting its bill in the prescr...
Appeal No. 323 of 1965. Appeal by special leave from the judgment and decree dated February 16, 1961 of the Patna High Court in Appeal from Original Decree No. 500 of 1955. S.C. Agarwal, K.N.K. Nair, Anil Kumar Gupta and S.P. Singh, for the appellants. 418 Sarjoo Prasad and U.P. Singh, for respondent No. 1. The Judgmen...
The 1st respondent waqf filed a suit against the appellants 'and the 3rd respondent, for setting aside a lease deed executed by the 3rd respondent in favour of the appellants, on the ground that the properties covered by the lease deed were waqf properties dedicated by a deed of waqf of the year 1827. The existence of ...
(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...
Appeal No. 312 of 1959. Appeal from the judgment and order dated August 23, 1956, of the Bombay High Court in Income tax Reference No. 21 of 1956. Hardyal Hardy and D. Gupta, for the appellant. A.V. Viswanatha Sastri and I. N. Shroff, for the respondent. December 6. The Judgment of the Court was delivered by KAPUR, J. ...
The respondent was a registered firm carrying on business as commission agents, and for the purpose of income tax it was treated as the agent of a non resident principal doing business outside India. Under section 42(1) of the Indian Income tax Act the respondent was deemed to be the assessee and had to pay Rs. 3,78,49...
Appeals Nos. 422 & 423 of 1958. 433 Appeals from the judgment and decree dated November 22, 1957, of the Allahabad High Court (Lucknow Bench), Lucknow, in Civil Misc. Applications Nos. 54 and 56 of 1957. Niamatullah, section N. Andley and J. B. Dadachanji for O. N. Srivastava, for the appellant. H. N. Sanyal, Additiona...
The respondent, proprietor of Ramnagar Estate, filed a suit against the appellant, proprietor of Ganeshpur Estate, for the recovery of certain properties. The appellant filed a cross suit against the respondent. During the pendency of the suits the appellant was declared to be a person of unsound mind and the Court of ...
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...
Civil Appeal No. 1348 (NT) of 1974 From the Judgment and order dated 7.1.1974 of the Allanabad High Court in I.T.R. No. 364 of 1971. S.C. Manchanda, V.J. Francis, N.M. Popli and Ujjal Singh for the Appellant. V. Gouri Shankar and Miss A. Subhashini for the Respondent. The Judgment of the Court was delivered by PATHAK, ...
Section 279 of the U.P. Zamindari Abolition and Land Reforms Act specifies the modes for the recovery of an arrear of land revenue. Rule 281 of the Rules framed under the Act, authorises the Collector to sell the attached immovable property of a defaulter by auction, and provides for confirmation of the sale by an orde...
(Arising out of S.L.P.(Crl.) Nos. 6854-6855 of 2023) Leave granted. 2.Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondent-State. 3.The present appellant-Niranjan Das was Accused No.2 before the Trial Court. He was convicted by the Trial Court for the offence...
The Supreme Court recently set aside a Calcutta High Court decision wherein the High Court had awarded the life sentence to a murder accused, on the very same day that it appointed an advocate to defend the accused [Niranjan Das vs State of West Bengal]. The top court emphasised that courts should give adequate prepara...
Civil Appeal No. 5415 of 1985 etc. From the Order dated 7.1.1985 of the Presiding officer, Labour Court, Amritsar in Application No. 547 of 1979. 619 Jitendera Sharma, P. Gaur, D.K. Garg, K.K. Mohan and R.C. Kaushik for the Appellants. S.C. Mohanta, Mahabir Singh and C.M. Nayar for the Respondents. The Judgment of the ...
Each of these appeals by special leave was directed against the award made by the Labour Court. The appellant in Civil Appeal No. 5415 of 1985, a foreman in the Mechanical Construction Division under the Irrigation Department, had filed an application under Section 33C 2 of the ( 'the ') before the Labour Court for the...
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...
Civil Appeal No. 2598 of 1987. 370 From the Judgment and order dated 26.5.1987 of the Karnataka A High Court in W.A. No. 615 of 1987. Dr. Y.S. Chitale and K.J. John for the Appellant. S.S. Javali, Ranjit Kumar and Dev Dass for the Respondents. The Judgment of the Court was delivered by Dutt, J. Special leave is granted...
The appellant, who had passed B.Sc. Examination with Botany. Chemistry and zoology securing 54.7% marks in the aggregate, and, who had passed earlier the P.U.C. examination with Physics, Chemistry and Biology securing 43.1% marks in the aggregate, joined a private medical college after its principal had confirmed in wr...
minal Appeal No. 156 of 1961. Appeal from the judgment and order dated June 15, 1961, of the Calcutta High Court in Criminal Appeal No. 745 of 1959. D. N. Mukherjee, for the appellant. P. K. Chakraborty and P. K. Bose, for the respondent. March 6, 1964. The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. Suni...
The appellant was tried and convicted by the Special Judge for an offence under section 409 I.P.C. and sentenced to rigorous imprisonment for two years and to pay a fine of ' Rs. 2,000. On appeal, the High Court altered his conviction from an offence under section 409 to one under section 420 I.P.C. for cheating the em...
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...
N: Criminal Appeal No. 379 of 1986. From the Judgment and Order dated 13.7.1984 of the Punjab and Haryana High Court in Crl. Appeal No. 82 D.B. of 1984. R.L. Kohli and R.C. Kohli for the Appellant. 412 R.S. Suri for the Respondent. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. One may ask the questio...
% Bhupinder Singh, appellant, his father Sher Singh and his mother Mukhtiar Kaur, were tried for committing the murder of Bhupinder Singh 's wife, Gian Kaur, by administering poison. The Trial Court held that the accused had strong motive for the murder as the deceased was unable to satisfy their demand for dowry for w...
: Criminal Appeal Nos. 423 425 of 1986. From the Judgment and Order dated 4.4.1986 of the Patna High Court in Death Reference No. 3 of 1984 and in Crl. Appeal No. 676, 647 and 627 of 1984. R.L. Kohli and S.P. Singh for the Appellants. Jaya Narayan and D. Goburdhan for the Respondents. The Judgment of the Court was deli...
The appellants were alleged to have conspired to kill the Collector cure District Magistrate. The latter died in a bomb attack by the first accused appellant. He was caught red handed and when given a beating by eye witnesses he readily confessed to his guilt, but gave out that he had committed the ghastly murder at th...
Appeal No. 1005 of 1965. Appeal from the judgment and decree dated April 24, 1962, of the Allahabad High Court in First Appeal No. 205 of 1950. E.C. Agarwala and P.C. Agarwala, for the appellant. V.A. Seyid Muhammad and S.P. Nayar, for respondent No. 1. The Judgment of the Court was delivered by Hegde, J. The only ques...
The appellant was the sole proprietor of a business carried on by him under the name and style of M/s. Raghunath Dass Mulkhraj. He sent a notice under section 80 C.P.C. on behalf of 'M/s. Raghunath Dass Mulkhraj to the General Manager East Indian Railway Calcutta in connection with a claim for compensation for lost goo...
Civil Appeal No. 1370 of 1968. Appeal by Special Leave from the Judgment and order dated the 6th March, 1967 of the High Court of Judicature at Allahabad in First Appeal No. Nil of 1965. J. P. Goyal and section M. Jain, for the Appellants. G.L. Sanghi, D. N. Misra and O. C. Mathur, for Respondent No. 1. G. N. Dixit and...
Schedule II, Article 11 of the Court Fees prescribes a sum of Rs. 2/ as court fees in the case of a memorandum of appeal presented to a High Court when the appeal is not from a decree or order having the force of a decree. The Tribunal appointed under the dismissed the petition filed by the appellant claiming certain s...
iminal Appeals Nos. 150 and 185 of 1961. Appeals by special leave from the judgment and order dated June 19, 1961 of the former Bombay High Court in Criminal Appeals Nos. 218 and 242 of 1961 respectively. section Mohan Kumarmangalam, R. K. Garg and M. K. Ramamurthi, for the appellant (in Cr. A. No. 150/61). B. M. Mistr...
In a trial by jury the appellants were jointly charged along with accused No. 1 with an offence punishable under sections 471 and 467 read with section 34 of the Indian Penal Code. The first charge was that in 921 furtherance of their common intention to cheat the railway administration, accused No. 1 had fraudulently ...
ivil Appeal No. 4649 of 1989. From the Judgment and Order dated 26.7.1988 of the Allahabad High Court in Review Application No. 27(W) of 1988. Anil Dev Singh and Mrs. section Dikshit for the Appellants. Yogeshwar Prasad, Vijay Hansaria, Sunil K. Jain, S.K. Jain for the Respondents. The Judgment of the Court was deliver...
Pursuant to a scheme enacted for the benefit of ex military officials the appellant State appointed the re spondent on 20.8.1979 as Secretary Zila Sainik Board on contract basis for a specified period which was further extended upto 30.8.1985. On 29.3.1985 the services of the respondent were terminated. The respondent ...
tition Nos 7597 99 of 1983. And Writ Petition Nos. 7606 09 of 1983. (Under Article 32 of the Constitution of India). A.K. Sen, F.S. Nariman, S.N. Kacker, A.K. Ganguli, R.F. Nariman, A. Patnaik and M.M. Kshatriya for the Petitioners. F Shanti Bhushan, S.N. Chatterjee, G.L. Sanghi, Dr. Y.S. Chitale, G. Rath, Advocate Gen...
The Orissa Forest Produce (Control of Trade) Act, 1981 was enacted to prevent smuggling forest produce and also to provide State monopoly in such forest produce. The State was empowered under section 1(3) of the Act, from time to time to issue a notification specifying the area or areas, the forest produce in relation ...
ition (Civil) No. 305 of 1988. (Under Article 32 of the Constitution of India). Soli J. Sorabjee, Harish, N. Salve, Vasant Mehta, Atul Tewari and Miss Bina Gupta for the Petitioners. Satish Chandra, Anil B. Divan, Dr. Y.S. Chitale, P.V. Kapur, Anil Kumar Sharma, P.P. Malhotra, Naresh Sharma, (Solicitor General) T.V.S.N...
This writ petition challenged the constitutional validity of the Swadeshi Cotton Mills Ltd. (Acquisition and Transfer of Undertakings) Act, 1986. The Central Government had passed an order for taking over the management of six undertakings of the Swadeshi Cotton Mills, in respect whereof there were proceedings in the H...
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...
1. In this clutch of writ petitions maintained under Article 32 of the Constitution, the Court is called upon to consider the true effect of Article 324 and, in particular, Article 324(2) of the Constitution. The said sub -Article reads as follows: “324(2) The Election Commission shall consist of the Chief Election Com...
In a significant judgment passed on Thursday, the Supreme Court called for a committee including the Chief Justice of India to appoint members of the Election Commission of India (ECI). In its verdict, the Constitution Bench also went on to comment on independence of Election Commissioners, the rise of money power and ...
Civil Appeal No.1396 of 1974 From the Judgment and order dated 28.2.1973 of the Kerala High Court in I.T. Reference No. 84 of 1971. T.S. Krishnamurthy Iyer, V.J. Francis and N.M. Popli for the Appellant. S.Balakrishnan for the Respondent. The Judgment of the Court was delivered by PATHAK J. This appeal by special leave...
The Kerala Agricultural Income Tax Act, 1950 provides for the levy of tax on agricultural income in the State of Kerala. Section 5 details the deductions to be made in computing the agricultural income. Clauses (e), (g), (h) and (i) refer to interest paid by the assessee in different kinds of cases. The interest in all...
Appeal No. 1726 of 1971. (Appeal by Special Leave from the Judgment and Order dated 20 4 1971 of the Allahabad High Court in Misc. Sales Tax Reference No. 137 of 1970).12 1234SCI/76 684 S.C. Manchanda, M.V. Goswami and O.P. Rana, for the Appellants. The Judgment of the Court was delivered by KHANNA, J. This is an appea...
The Assistant Commissioner (Judicial) Sales Tax, Bareil ly, disposed of the respondents ' appeal made against an order of the Sales Tax Officer. A copy of the order was served on the respondent, but he lost it. Later, he ob tained another copy and filed a revision petition under sectiOn 10 of the U.P. Sales Tax Act. Th...
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 ...
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...
Appeal No. 1287(NT) of 1982. From the Judgment and Order dated 22.2. 1978 of the Madras in Tax Case No. 24 of 1975. M. Gaurishankar Murthy, C. Ramesh, P. Parmeswaran and Ms. A. Subhashini for the Appellant. Ms. Janki Ramachandran for the Respondent. The following Order of the Court was delivered In this appeal preferre...
During the accounting order relevant to assessment year 1965 66, the Respondent assessee paid to its foreign technical director a total remuneration of Rs. 66,000 including a sum of Rs. 28,576 paid by way of perquisites. The Income tax Officer allowed only a sum of Rs. 13,200 by way of perquisites and disallowed the ba...
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...
minal Appeal No. 175 of 1967. Appeal by special leave from the judgment and order dated May 17, 1967 of the Allahabad High Court, Lucknow Bench in Criminal Appeal No. 72 of 1967 and Capital Sentence Reference No. 9 of 1967. section P. Sinha. and M. I. Khowaja, for the appellants. G. N. Dikshit and O. P. Rana,, for the ...
The statements of eye witnesses to a murder were recorded under section 164, Criminal Procedure Code, and a certificate was appended to each of the statements to the effect, that the deponent was warned that he was making the statement before a Magistrate and that it might be used against him. On the question as to the...
Appeal No. 1367 of 1968. (Appeal by Special Leave from the Judgment and Order dated 25 3 1965 of the Kerala High Court in A.S. No. 487 of 1961). S.V. Gupte and K.M.K. Nair, for the appellant. Mrs. Shyamla Pappu, B.B. Sawhney, Raju Ramachandran and Girish Chandra, for the respondent. 420 The Judgment of the Court was de...
The appellant booked rice for being transported by train, from Bareilly railway station to Trivandrum railway station. On delivery, the rice was found to be damaged and short in quantity. The appellant claimed damages from the respondent, who resisted the claim on the grounds that the suit was not maintainable as the U...
Appeal No. 1713(NT) of 1973. From the. Judgment and Order dated 6.1.1971 of the Allahabad High Court in Wealth Tax Reference No. 285 of 1965 124 S.C. Manchanda and Ms. A. Subhashini for the Appellant. Respondent in person. (Not present ) The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. The appeal unde...
The Income Tax Officer included in the net wealth of the respondent assessee for the assessement year 1957 58, two sums, viz., Rs. 1,50,000 and Rs.67,560/12/ which the asses see claimed to have gifted. It is stated that on January 1, 1957 the respondent assessee, by a letter directed a company in which he maintained an...
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...
Appeal No. 20 of 62. Appeal by special leave from the award dated September 29, 1960, of the Industrial Tribunal Punjab, Patiala in reference No. 13 of 1960. C.K. Daphtary, Solicitor General of India, Bhagirath Das and B. P. Maheshewari, for the appellants. M. K. Ramamurthi, B. K. Gary, D. P. Singh and section C. Aggar...
On July 1, 1956, the appellants made a rule that every workman employed on or before that date would be entitled to 30 days leave with wages after working for II months and workmen employed after that date would be entitled to earned leave in accordance with the provisions of s.79 of the Indian . The State Government r...
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...
Appeal No. 226 of 1960. Appeal from the judgment and decree dated February 2, 1956, of the Allahabad High Court in Special Appeal No. 158 of 1954. M.C. Setalvad, Attorney General for India, Veda Vyasa, R. K. Garg, section C. Agarwal, Shiv Sastri and K. K. Jain, for the appellant. S.T. Desai, K. section Hajela and C. P....
Certain disputes arose between the appellant and the Cane Marketing Society Ltd., Bijnor. The appellant preferred a claim to the Cane Commissioner for compensation for short supply of Sugar cane. The Society also moved the Cane Commissioner for arbitration. The Commissioner passed an order calling upon the parties to b...
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...
Criminal Appeal No. 25 of 1987. From the Judgment and Order dated 22.7.86 of the Punjab & Haryana High Court in Crl. Revision No. 615 of 1986 Prem Malhotra for the Appellant. M.S. Gujral, C.V. Subba Rao and Ms. Kailash Mehta for the Respondent. The Judgment of the Court was delivered by THAKKAR, J. Can a sanction to PR...
The Trial Court, without any previous sanction of the State Government under s.197 Cr. P.C. took cognizance in respect of a charge, that the appellant had, in the purport ed discharge of his duties, used force in excess of what was necessary and thereby committed an offence. The High Court, in appeal by the appellant, ...
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...
Appeal No. 799 of 1975. From the Judgment and Order dated 31 1 75 of the Gauhati High Court, Imphal Bench in Election Petition No. 2/74. Janardhan Sharma and Jitendra Sharma; for the appellant. section V. Gupte Naunit Lal and (Miss) Lalita Kohli, for Respondent No. 1. 574 The Judgment of the Court was delivered by KHAN...
Respondent No. 1 was declared elected to Manipur Legis lative Assembly. The appellant who was one of the rival candidates filed an Election Petition on two grounds (1) Respondent No. 1 was holding office of profit inasmuch he was the speaker of the Assembly; and (2) the Respondent No, 1 incurred election expenses in ex...
minal Appeal No. 134 of 1965. Appeal by special leave from the judgment and order dated May 14, 1965 of the Patna High Court in Government Appeal No. 25 of 1962. Nur ud din Ahmed and A. K. Nag, for the appellant. D. P. Singh, Anil Kumar and Shivpujan Singh, for the respondent. The Judgment of the Court was delivered by...
The appellant, a manufacturer of fireworks was convicted under section 5 (3) of the Indian as he had allowed minors to work in the manufacture of fireworks thus contravening r. 16 of the Explosives Rules. HELD: Clause (a) of section 5(3) deals with a person who imports or manufactures in contravention of the Rules; el....
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...
Appeal Nos. 1301 07 of 1991 From the Judgment and Order dated 31 3 89 of the Income Tax Settlement Commission Bombay in Settlement Application No. 10/5/41/78IT. Ashok Desai, Debi Pal B.K. Mehta, N.K. Sahu, U.K. Sagar and P.H. Parekh for the Appellant. Dr. V. Gaurishankar and section Rajappa for the Respondents. The Jud...
The appellant 's father executed on 1.1.1964, three deeds of settlements (trust deeds) in the United States of America. The terms in them all were identical. The object of these trusts was to provide for the education, maintenance and up keep of the members of the settlor 's family and their descendants. He also execut...
: 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...
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...
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 ...
ON: Civil Appeal No. 149 of 1981. From the Judgment and Order dated 6.11. 1980 of the Punjab and Haryana High Court in C.P.A. No. 811 of 1980. M.K. Ramamurthy, U.R. Lalit, Shanti Bhushan, M.R. Sharma, P.P. Rao, S.K. Mehta, B.R. Agarwala, N.D. Garg, E.M.S. Anam, P.P. Sharma, K.S. Tiwari, C.V. Subba Rao, I.S. Goel, P.H. ...
Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules relating to recruitment etc. of Asst. Engineers and Haryana Service of Engineers Class I, Public Works Department (Irrigation Branch) relat ing to Executive Engineers came into force in 1970 and 1964 respectively. Respondent No. 2...
Civil Appeals Nos. 36 to 54 of 1971. Appeals by special leave from the judgment and order dated 25 8 1970 of the Labour Court, Hyderabad in Civil Misc. Petitions Nos. 133 to 147 and 165 to 168 of 1970. AND Civil Appeal No. 1153 of 1972. Appeal by special leave from the judgment and order dated 20 10 71 of the Labour Co...
In APSRTC vs Rammohan Rao (Civil revision petition No. 1598/1968, dated April 25, 1969), the High Court of Andhra Pradesh held: (i) that wages under section 2(iv)(d) of the Payment of Wages Act included gratuity and (ii) that Rule 8.01 of the Hyderabad Government Railway Establishment Code, 1949, did not stand alone an...
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...
Civil Appeal Nos. 3446 & 3447 of 1987. From the Judgment and Order dated 11.3.87 of the High Court of Allahabad in Civil Misc. Writ Petition No. 6789 of 1982. Satish Chandra, Ms. Purnima Bhat and E.C. Agarwala for the Appellants. P.P. Rao, B.D. Agarwal, P.K. Chakraverty, Ms. Sandhya Goswami and R.C. Verma for the Respo...
These two appeals Civil Appeal No. 3446 of 1987 and Civil Appeal No. 3447 of 1987 were filed in this Court against the judgment of the High Court in the Writ Petition No. 6789 of 1982. Ratan Prakash Mangal and Kuldip Singh, respondents Nos. 1 and 2 in the Civil Appeal No. 3446 of 1987 and the appellants in Civil Appeal...
vil Appeal No. 195556 of 1980. From the Judgment and Order dated 3/4th July, 1979 of the Bombay High Court in Spl. C.A. Nos. 2052 of 1973 and 132 of 1974. F.S. Nariman, Anil B. Diwan, P.H. Parekh, Ms. Lata Krishnamurthy and section Dutt with for the Appellants. V.M. Tarkunde and H.G. Advani, Hira Advani Kailash Vasudev...
The appellants, who had let out the premises in question to the respondent Riled a suit for eviction inter alia on the ground that the tenant had erected unauthorised struc tures of a permanent nature in violation of the provisions of cl. (p) of section 108 of the and section 13(1)(b) of the Bombay Rents. Hotel and Lod...
: Civil Appeals Nos. 249 & 250 of 1958. Appeals by special leave from the judgment and order dated March 7, 1956, of the Bombay High Court in I.T.R. Nos. 52 and 53 of 1955. K. N. Rajagopal Sastri and D. Gupta, for the appellant (in both the appeals). N. A. Palkhivala, section N. Andley and J. B. Dadachanji, for the res...
A Hindu governed by the Mitakshara School of Hindu Law died leaving three widows as his legal heirs. The widows took the estate as joint tenants and did not exercise their right to separate possession and enjoyment. The main income was from dividends and from immovable property. The latter was held under section 9(3) o...
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]
ivil Appeal No. 1758 of 1986. From the Judgment and Order dated 22.11. 1985 of the Madras High Court in C.R.P. No. 3117 of 1984. Dr. Y.S. Chitale, A.V. Rangam, T.V. Ratnam and M. Palani for the Appellant. K.K. Venugopal, A.T.M. Sampath and section Srinivasan for the Respondent. The Judgment of the Court was delivered b...
The appellant is one of the State Transport Undertak ings. On June 30, 1976 an approved scheme was published under s.68 D of the in respect of the route Madurai to Kumuli authorising the appellant to run its stage carriages and proposing to exclude completely all other persons from operating their stage carriage servic...