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Appeals Nos./55 157 1964. Appeals by special leave from the judgment and order dated August 8, 1961 of the Andhra Pradesh High Court in Case Referred No. 25 of 1957. section V. Gupte, Solicitor General, N. D. Karkhanis and R.N. Sachthey, for the appellant (in all the appeals). G.S. Pathak, B. Datta and T. Satyanarayan,...
The respondent bank had income from banking business and interest on securities. For the assessment year 1949 50 its loss from banking business was set off against the income from interest on securities but for the succeeding three years the income tax officer set off the said loss which had been carried forward, only ...
Appeal No. 1908 of 1968. Appeal from the judgment and decree dated August 9, 1966 of the Patna High Court in Misc. Judicial Case No. 1665 of 1964. M. C. Chagla, Kailash Mehta and, A. K. Nag, for the appel lants. Jagadish Swarup, Solicitor General and R. C. Prasad, for respondents Nos. 1, 3 and 4. V. A. Seyid Muhammad a...
The respondent State granted a mining lease to the appellant. The 5th respondent, whose application was rejected moved the Central Government under rule 54 of the, Mineral Concession Rules, 1960, praying (i) for setting aside the grant in favour of the appellant, and (ii) for grant of the area on lease to him. The Cent...
Civil Appeal No. 5047 (NT) of 1985. From the Judgment and Order dated 17.7. 1985 of the Allahabad High Court in Sales Tax Revision No. of 1985. Madan Lokur for the Appellant. Ashok K. Srivastava for the Respondent. M/s. D.H. Brothers Pvt. Ltd., a registered dealer under the U.P. Sales Tax Act, is engaged in the sale of...
The appellant, a registered dealer under U.P. Sales Tax Act, 1948 has been selling machinery including sugarcane crusher. The State Government was issuing Notifications from time to time exempting agricultural implements from the levy of sales tax. The State Government by its Notification dated 14.11.1980 amended the l...
No 1 IN C.A. No 4444 of 1990 etc. From the Judgment and Order dated 25.5.90 of the Alla habad High Court in CWP No. 5267 of 90. Yogeshwar Prasad, Gopal Subramanium, S.K. Mehta, Dhruv Mehta, Arvind Verma, Aman Vachher, Pradeep Misra and R.B. Misra for the appearing parties. The following order of the Court was delivered...
These matters relate to admission in post graduate courses in the Medical Colleges in Uttar Pradesh. On a Writ Petition, which later turned out to be fake, the High Court had ordered that admission could be effected on the basis of the MBBS Examination. This has been disputed in appeal before this Court. In another Wri...
Civil Appeal No. 1347 of 1970. From the Judgment and Decree dated 29 4 1969 of the Jammu and Kashmir High Court in Civil Appeal No. 67 of 1965. G.L. Sanghi, V. K. Boone and Shri Narain for the Appellant. Gopi Nath Runzru, K. L. Taneja and section L. Aneja for the Respondent. The Judgment of the Court was delivered by U...
The respondent 's forefather was the landholder of a piece of land in the State. The land was taken possession of in 1897 as the land came under a Timber depot established on land adjacent to Government land. The practice prevalent during the Maharaja 's time was that only rent was remitted and no compensation was paid...
Appeal No.241 of 1961. Appeal from the judgment and decree dated March 4, 1958, of the Patna High Court in Appeal from Appellate Decree No. 1335 of 1952. 634 R.S. Sinha and R.C. Prasad, for the appellants. Sarjoo Prasad and B. P. Jha, for the respondents nos. 1 and 2. April 3, 1964. The judgment of the Court was delive...
The plaintiff brought a suit for redemption of a large num ber of usufructuary mortgages in favour of the defendants. The case of the plaintiff was that under the terms of the mortgage bonds the mortgagees were liable to pay rent to the land lord. The mortgagees, however, defaulted in the payment of rent for some years...
1. In this appeal, the appellant challenges the judgment and order dated 01.04.2021 passed in Sessions Case No.87 of 2016 by the learned Sessions Judge, Gadchiroli, whereby the learned Judge convicted the appellant (accused no.1) for the offence punishable under Section 304B of the Indian Penal Code (for short,...
The Bombay High Court recently observed that parents not taking any action on their daughter's complaint about the dowry demand and harassment by her in-laws is not a conduct of a prudent person, while setting aside a man's dowry death conviction. "If the demand of dowry and ill-treatment on that count was narrated by...
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No. 243 of 2018, pending on the file of the District Munsif-cum-Judicial Magistrate Court, Thiruppattur, Sivagangai District and quash the same. 2. The petitioners 1 to 23 a...
The Madurai Bench of Madras High Court has recently quashed an FIR registered against protesters who assembled before a TASMAC Shop in 2017 and demanded that it must be shifted for the sake of young generation.While quashing the FIR registered based on the complaint of Village Administrative Official and taken on the f...
Civil Appeals Nos. 171, 171A 171D of 1969. From the Judgment and decree dated 10 12 1963 of the Allahabad High Court in First Appeal No. 511/55. Lal Narain Sinha, P. P. Singh, J. B. Dadachanji, K. John and J. Sinha for the Appellants. G. N. Dikshit and M. V. Goswami for the Respondent. The Judgment of the Court was del...
on the vesting of the forests belonging to the appellants in the State of U.P. by virtue of Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act 1 of 1951), the question arose about the assessment and payment of compensation therefor to the heirs of the intermediary. The compensation officer held t...
1. The instant appeal has been preferred by the appellants/plaintiffs assailing the judgment dated 8th July, 2009, upholding the judgment and decree of the Court of appeal dated 28th March, 2006 holding that the Civil Court has no jurisdiction to entertain and try the suit for possession in refe...
The Supreme Court has held that the jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.The Court held this while explaining the interplay between the Burmah Shell (Acqui...
1. The petitioner challenges the order dated 30 th November, 2007 passed by respondent No.2, whereby respondent No.2 confirmed the order dated 3rd September, 2016 passed by respondent No.1 rejecting the application made by the petitioner for issuance of caste certificate of her caste to her son. 2. The petition...
Observing that an adopted child becomes a family member of his adoptive parents "in all respects," the Bombay High Court directed authorities to issue a caste certificate to an 18-year-old based on his mother's scheduled caste identity. The Bench of Justices Sunil Shukre and GA Sanap thus held that an adopted child wou...
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Allahabad vide order dated 23.01.2020 passed in Special Appeal No.638 of 2012 by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order passe...
The Supreme Court on Saturday (13th November) held that two persons cannot be appointed on one sanctioned post as the same would impose a serious financial burden on the State. A bench comprising Justices M.R. Shah and A.S. Bopanna dismissed a petition filed by the appellants, three Stenographers in the judgeship of M...
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...
minal Appeal No. 240 of 1960. Appeal by special leave from the judgment and order dated November 25, 1958, of the Punjab High Court in Criminal Appeal No. 114 of 1954. Jai Gopal Sethi, C. L. Sareen and R. L. Kohli, for the appellant. N. section Bindra, R. H. Dhebar and D. Gupta, for respondent. August 30. The Judgement...
The appellant and another were prosecuted ' for offences under section 5(2) of the Prevention of Corruption Act, 1947. The trial commenced before the special judge who heard the evidence but before he could deliver judgment was transferred and was succeeded by another special judge. The latter did not recall the witnes...
Appeals Nos. 19 & 20 of 1963. Appeals from the judgment and decree dated July 31, 1959 of the Patna High Court in Appeals from Original Decree Nos. 30 and 40 of 1953 respectively. section T. Desai and R. C. Prasad for appellant. Sarjoo Prasad and D. Goburdhan, for the respondents Nos.1 to 4 [In C. A. No. 19 of 1963]. S...
The plaintiff tendered in evidence a plaint in an earlier suit and relied on an admission made by the defendants with regard to a fact in issue in the later suit. The High Court ruled that the plaint was not admissible in evidence on two grounds, viz., (i) the plaintiff could not rely on a state ment in the plaint as a...
ivil Appeal (C) No. 137 of 1991. From the Judgment and Order dated 20.2.1989 of the Allahabad High Court in W.P. No. 3096 of 1980. Yogeshwar Prasad and Ms. Shoba Dixit for the Appellants. R.B. Datar, R.K. Khanna and Surya Kant for the Respondent. The Judgment of the Court was delivered by SINGH, J. Leave granted. This ...
The respondent was appointed on 18.2.1977 as an Assistant Auditor under the Local Funds Audit Examiner of State of U.P. on ad hoc temporary basis for the term fixed in the order of his appointment and his services were liable to be terminated at any time without assigning any reason. After his initial appointment, his ...
ivil Appeals No. 625630 of 1967. Appeals by special leave from the judgment and order dated ' March 6, 1967 of the Orissa High Court in O.J.C. Nos. 495 and 496 of 1966, and 3, 4, 27 and 28 of 1967 respectively. C.K. Daphtary, Attorney General, N.S. Bindra, G. Rath and R.N. Sachthey, for the appellant (in all the appeal...
The Orissa Superior Judicial Service consisted of 15 posts. 10 of which were District and Sessions Judges or Additional District and Sessions Judges; of the other five, one was Registrar of the High Court and four were officers of the State Government. P, one of the District and Sessions Judges was posted as Superinten...
2.The petitioner aspires to become a Doctor. He wrote NEET and scored 409 marks. He was not selected in the first round of counselling. He was however kept on waiting list. On 07.04.2022 at about 07.30 P.M, he received a text from the second respondent through SMS to register before 10.00 P.M. The petitioner is a res...
State obliged to compensate students deprived of entitlement on account of digital divide, Court said.Observing that digitisation should lead to empowerment and not deprivation, the Madras High Court recently directed the Director of Medical Education and its Selection Committee to award a compensation of Rs. 1 lakh to...
The petitioner has invoked the writ jurisdiction of this Court claiming his release for the reason that he has undergone more than 21 years of sentence including 16 years of actual sentence. The petitioner was convicted along with other accused for an offence under Section 302 read with Section 149 IPC for causing murd...
There is no bar in imposing concurrent life imprisonments on accused convicted for murder of more than one persons, the Supreme Court observed in a recent order.The court observed thus while considering a writ petition filed by a prisoner claiming his release for the reason that he has undergone more than 21 years of s...
4. It is the case of the petitioner that the marriage of the petitioner was solemnized in the year 2011 and out of the said wedlock, the minor corpus was born in the year 2013. Due to some matrimonial dispute, his wife left her matrimonial home and went to her parental home from 2015. Attempt...
A division bench of the Gujarat High Court comprising Justices Vipul M. Pancholi and Rajendra M. Sareen has held that custody of a minor with his maternal grandparents could not be considered illegal custody or illegal confinement, given that the husband/ the father of the minor had remarried during subsistence of his ...
No. 379 of 1974. Petition under article 32 of the Constitution of India. Govinda Mukhoty, for the petitioner. P. K. Chatterjee and G. section Chatterjee, for the respondent. The Judgment of the Court was delivered by BHAGWATI, J. The District Magistrate, 24 Parganas, by an order dated 29th December, 1973 made under sub...
The petitioner was directed to be detained by an order of the Dist. Magistrate under the . with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The order was made on December 29, 1973. and the fact of making the order was reported to the State Government on January 2, 19...
Criminal Appeals No.598­600 of 2013 have been preferred by accused Ajai alias Ajju, Braj Pal and Ravi respectively. Ajai alias Ajju has since died, as reported by the learned counsel for both the sides. Accordingly, Criminal Appeal No.598 of 2013 stands abated. Criminal Appeal No.337 of 2014 has been preferred by accus...
"It is not the quantity of the witnesses but the quality of witnesses which matters", observed the Supreme Court while affirming the conviction and sentence of four persons for murder of four persons. Only one eye-witness was examined in the case. She was one Pinky Singh, whose parents, brother and brother-in-law were ...
ition No. 644 of 1977. (Under Article 32 of the Constitution) AND Writ Petition No. 917 of 1977 (Under Article 32 of the Constitution) AND Writ Petition Nos. 959 and 960 of 1977 F. section Nariman, M. F. D. Damania, G. D. Dave and Rameshwar Nath for the Petitioners in W.P. 644 of ]977. F. D. Damania, K. L. Talsania, 1....
The facts of only one petition are set out because they are similar to facts in other petitions. Excel Wear is a partnership firm manufacturing garments for export. About 400 workmen were employed in the petitioners ' factory. The case of the petitioners is that the relations between the management and the employees st...
Appeal No. 21 of 1965. Appeal by special leave from the judgment and decree dated March 15, 1961 of the Allahabad High Court in Second Appeal No. 2434 of 1960. N.C. Chatterjee, E. C. Agarwala, Kartar Singh and P.C. Agarwala, for the appellants. J. P. Goyal and B. P. Jha, for the respondents. 477 The Judgment of the Cou...
The first appellant, his brother H and his son the second appellant, constituted a Hindu Joint family and were governed by the Mitakshara law of the Benares School. He died in 1952 leaving him surviving his widow. On December 15, 1956, the widow sold a half share in a house and a shop belonging to the joint family to t...
utory Application No. 1 of 1989. IN W.P. No. 16093 of 1984 etc. (Under Article 32 of the Constitution of India). S.M. Jain, S.K. Jain, Ms. Pratibha Jain and Pradeep Agarwal for the petitioner. Arun Jaitly, Additional Solicitor General, Kailash Vasdev and Ms. A. Subhashini for the Respondent. The following order of the ...
Petitioner was a member of the state Judicial Service and was elevated as a Judge of the High Court on 1.7.1975, and was later transferred to another High Court where he retire on 21.7.1984. A dispute relating to pension was disposed of by this Court on 9.4.1985 fixing it at Rs.21,500 per annum. Meanwhile, the High Cou...
Appeal No. 469 of 1966. Appeal by special leave from the judgment and decree dated November 25, 1965 of the Bombay High Court in Civil Revision Application No. 1579 of 1962. section G. Patwardhan and M. V. Goswami, for the appellant S.T. Desai and K. L. Hathi, for respondent No.1 The Judgment of the Court was delivered...
The tenant of a flat was in arrears of rent for more than six months. The landlord served a notice on the tenant demanding the rent. The tenant did not pay it within one month of the notice, but tendered it after the expiry of the month. The landlord refused to receive it and filed a suit for eviction under section 12(...
minal Appeal No. 197 of 1972. Appeal by special leave from the judgment and order date 24th day of February 1972, of the Delhi High Court in Cr. Rev. No. 469 of 1970. section C. Agarwala and A. K. Gupta for the appellant. D. P. Bhandari and R. N. Sachthey, for the respondent. The Judgment of the Court was delivered by ...
The appellant was prosecuted under section 9 of the Maintenance of Punjab Security of State Act for addressing a public meeting in which it was alleged that he had incited the defence employees to commit offences prejudicial to security of the. State or to, the maintenance of public order. Sec. 9 of the Act prohibits s...
No one has appeared on behalf of the Respondent No.2 in spite of notice. This appeal is against an order dated 24.11.2021 passed by the High Court of Punjab and Haryana at Chandigarh dismissing Criminal Misc. No.33701/2021 in Criminal Miscellaneous Petition No. 33995 of 2021 filed by the Appellant for permission to tra...
Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the Indian Penal Code, the Supreme Court observed.In this case, an FIR was filed by the complainant against her husband and in-laws under Sections 323, 34, 406, 420, 498A and 506 of the Indian Penal Code, 1860. Compla...
Appeals Nos. 356 and 357 of 1966. Appeals by special leave from the Award of the Industrial Tribunal, Rajasthan in Case No. 9 of 1961. Niren De, Addl. Solicitor General, Sobhag Mal fain an( B. P. Maheshwari, for the appellant (in C. A. No. 356 of 1966 and respondent (in C. A. No. 357 of 1966). 782 M. K. Ramamurthi, Shy...
The workmen of the appellant company demanded bonus for the years 1956 57 to 1959 60. The Tribunal disallowed the claim for 1956 57 on the ground that it was belated and allowed the demand for the rest of the years 1957 58 to 1959 60. In working out the available surplus for distribution as bonus the Tribunal in genera...
“What God has joined together, let no one separate” is the sublime ideal read in the Bible (Matthew 19:6, Mark 10:9). Do spouses in that union have the right to separate their marriage, mutually, before the aura of the marriage period of one year vanishes, is the question presented in these matters. Two young Christian...
The Kerala High Court on Friday said that the Union Government should seriously consider having a uniform marriage code in India in order to promote the common welfare and good of spouses in matrimonial disputes. The Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen said the law at present d...
Civil Appeal No. 80 of 1977. Appeal by Special Leave from the Judgment and order dated 4 11 1976 of the Punjab and Haryana High Court in Civil Rev. No. 226 of 1971. Suresh Sethi (Amicus Curiae) for the Appellant. Yogeshwar Prasad and Mrs. Rani Chhabra for the Respondent. The Judgment of the Court was delivered by FAZAL...
The proviso to clause (1) of sub section (2) of section 13 of the East Punjab Urban Rent Restriction Act, 1949, states that "if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest @ 65% per annum or such arrears together with the cost of ap...
+ W.P.(C) 3031/2020 & C.M. No. 15227/2021, C.M. No. 15228/2021 C.M. No. 15229/2021, C.M. No. 15358/2021, C.M. No. 15359/2021 C.M. No. 15360/2021, C.M. No. 15361/2021,C.M. No. 15362/2021 C.M. No. 15363/2021 versus versus ..... Petitioner versus versus ..... Petitioner versus ..... Petitioner versus versus ..... Responde...
The Delhi High Court on Saturday directed the Central government to ensure that the national capital receives its allocated share of 490MT of oxygen. The order was passed by a Division Bench of Justices Vipin Sanghi and Rekha Palli in a batch of petitions raising issues relating to COVID-19 management. "We direct Cen...
1. By this petition, petitioner challenges the order dated 9 th July, 2021 passed by the learned CMM, Patiala House Courts whereby the bail granted to the petitioner vide order dated 23rd December, 2019 was cancelled by the learned CMM. Though in the prayer clause the petitioner has also sought quashing of the proc...
The Delhi High Court bench of Justice Mukta Gupta has ruled that the bail amount can be paid by cash ledger and debit ledger of the Input Tax Credit (ITC). It has been alleged by the department that the petitioner is one of the directors/key persons in M/s Brilliant Metals Pvt. Ltd., M/s Progressive Alloys India Pvt. ...
Civil Appeal No. 30 of 1971. Appeal by special leave from the judgment and order dated the 19th February, 1970 of the Andhra Pradesh High Court in case Reference No. 2 of 1967. R. M. Mehta and section P. Nayar for the appellant. P. Ram Reddy and A.V.V. Nair for the respondent. The Judgment of the Court was delivered by...
Under section 5 (a) and (j) of the Expenditure Tax Act, 1957, no expenditure tax shall be payable on any expenditure incurred by the assessee wholly and exclu sively for the purpose of his business profession or vocation, and on any expenditure incurred by the assessee by way of donation. The respondent assessee was th...
vil Appeal No. 160 of 1950. Appeal against the judgment and Decree dated the 30th March, 1951, of the High Court of judicature at Bombay (Chagla C. J. and Tendolkar J.) in Income Tax Reference No. 34 of 1950. C. K. Daphtary, Solicitor General for India, (Porus A. Mehta, with him) for the appellant. R. J. Kolah for the ...
A Hindu undivided family was carrying on business in Bombay, Madras and the Mysore, being treated as a single assessee and its relevant accounting period was 10th October, 1941, to 8th November, 1942. During this period, the Mysore branch purchased goods from the Bombay head office and the Madras branch of the value of...
iminal Appeal No. 16 of 1970. Appeal by special leave from the judgment and order dated the 12 9 69 of the Allahabad High Court, in Criminal Appeal Nos. 1096 and 1097 of 1966. Nuruddin Ahmed and U. P. Singh, for the appellants. O. P. O. P. Rana, for the respondent. The Judgment of the Court was delivered by KHANNA, J. ...
As a result of a fight between the members of the accused party and the party of the complainants the accused were tried and convicted for various offences. The first. appellant was convicted of the offence under section 304, Part 1, and of offences under Ss. 148, 323, 324 and 325 read with 14. The appellants were conv...
: Criminal Appeal Nos. 452 53 of 1990. From the Judgment and Order dated 23.3.1989 of the Rajasthan High Court in S.B. Cr. R. No. 426 and 325 of 1982. Badridas Sharma, Manoj Jain, H. Shekhar, Anil Kumar Gupta, Indra Makwana, Prem Sunder Jha, Lahoty and Ms. Meeta Sharma for the Appearing Parties. The Judgment of the Cou...
One 'S ' lodged a First Information Report alleging that the appellants and two others were pelting stones at the house of informant, thereby causing damage to it and injur ing three women who were sitting at the chowk of the house. After completing investigation the police framed charges under sections 147, 323, 325, ...
Through: Mr.Arvind Nigam and Mr.Dayan Krishnan, Sr. Advs. w ith Mr.Sites h Mukherjee, Mr.Sandeep D. Das, Ms.Anusha Nagarajan, Mr.Raghuvendra Singh and Ms.Arushi Mishra, Advs. versus Through: Dr.Abhishek Manu Singhvi, Sr. Adv. with Ms.Haripriya Padmanabhan, Ms.Pooja D har, Mr.Shrutunjay Bhardwaj and Ms.Ashima Chauhan, A...
The Delhi High Court today ordered for the dispute between L&L Partners Senior Partner Mohit Saraf and Founder Rajiv Luthra to be decided by mediation. The mediation will be conducted by Senior Advocate Sriram Panchu. The matter was heard by a Bench of Justice V Kameswara Rao. After hearing the parties at length today...
iminal Appeal. No. 44 (N) of 1970. Appeal by special leave from the judgment and order dated December 2, 1969 of the Punjab & Haryana High Court in Criminal Revision No. 612 of 1968. section K. Dhingra, for the appellant. Harbans Singh and R. N. Sachthey, for the respondent. The Judgment of the Court was delivered by M...
The appellant obtained possession of a parcel purporting to contain apples after presenting before the railway authorities a railway receipt endorsed in his favour by the consignee. The parcel on being opened was found to contain a considerable quantity of opium besides apples. At his trial for an offence under section...
Civil Appeal Nos. 1394/74, 543/75 and 242/79. Appeals from the Judgment and Order dated 22 5 1973 of the Allahabad High Court in Special Appeals Nos. 26/73, 682/72 and 502/72. AND SPECIAL LEAVE PETITION (CIVIL) No. 2152 of 1974. From the Judgment and Order dated 22 5 1973 of the Allahabad High Court in Spl. Appeal No. ...
HELD : Neither the U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962 nor the U.P. High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1962, is unconstitutional. [1208C] State of Bombay vs Narothamdas, ; ; Union of India vs Mohindra Supply Co. ; and Ram Adhar Singh vs Ramroop Singh & Ors., ; ...
Heard the learned counsel for the Appellant and the Respondent who appears in person. 2. The Appellant wife has filed this appeal challenging the order passed by the Family Court, Bandra, dated 13 November 2005, rejecting the Civil Misc. Application No.85/2008 filed by the Appellant for setting aside the ex part...
Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. A division bench of Justices Nitin Jamdar and Sharmila Deshmukh rejected the wife's...
Sessions Case No.96/96 acquitting the respondent – original accused from the offence punishable under sections 489(a), 489(b) and 489(c)of Indian Penal Code. 2. The case of the prosecution in nutshell is as under:- On 22/3/1995 owner of Prabhat Saw Mill named Laxmidas Patel visited the Bank for depositing Rs.25,000...
The Gujarat High Court has declined to overturn the order acquitting Respondent who was accused of counterfeiting currency notes while noting that 'no iota of evidence' came on record to point out the guilt of the Respondent-Accused. The Bench comprising Justice SH Vora and Justice Rajendra Sareen concluded that no inc...
ivil Appeal No. 4380 of 1990. From the Judgment and Order dated 4th October, 1985 of the Patna High Court in C.W.J.C. No. 4065 of 1985. R.K. Garg and A. Sharan for the Appellant. K.K. Venugopal, P. Chidambaram, section Sukumaran, K.K. Lahiri, D. Partha Sarthy and S.N. Jha (N.P.) for the Re spondents. The following Orde...
The contract workers engaged by the management of the Tata Iron and Steel Company Ltd., Jamshedpur in the perma nent and regular nature of work before February 11, 1981 in (1) transportation of materials within the plant which was not dependent on outside supply, (2) processes connected with manufacturing process, (3) ...
Appeal No. 1991 of 1971. From the Judgment and, Order dated the 29th March, 1971, of the Bombay High Court and Bombay in Appeal No. 87 of 1970. V.M. Tarkunde and Rameshwar Nath for the appellant K.S. Ramamurthy and B.R. Agarwal for the respondent. The Judgment of the Court was delivered by RAY, C. J. This is an appeal ...
The appellant filed the suit against the respondent in 1964, on the original side of the High Court, claiming six months salary in lieu of notice and gratuity. An application for amendment of the plaint in regard to damages for the right to pension was made in 1970. The respondent contended that the amendment should no...
1. The present appeal has been filed against the order of the Division Bench of the High Court finding the appellants guilty of willful disobedience of the order passed in Writ Petition (Civil) No. 5491 of 2001 etc. dated 12.09.2008 in respect to the levy made while upholding Section 21 of the Assam Agricultural Produc...
The Supreme Court observed that vicarious liability as a principle cannot be applied to a case of contempt.Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge, the bench of Justices Sanjay Kishan Kaul a...
minal Appeal No. 214 of 1963. Appeal by special leave from the judgment and order dated September 18, 1963 of the Patna High Court in Criminal Appeal No. 368 of 1961. 644 Nur ud din Ahmed and D. Goburdhun, for the appellants. The respondent did not appear. The Judgment of the Court was delivered by Ramaswami, J. This a...
The trial court acquitted L, one of the appellants of the charge under section 302 I.P.C. but convicted him and the other appellants under section 149 I.P.C. and sections 302/149 I.P.C. The State Government did not prefer an appeal to the High Court against the acquittal of L under section 302 but on appeo preferred by...
Civil Appeal No. 200 of 1954. Under Article 133 of the Constitution and section 109 of the Code of Civil Procedure from the Judgment and decree dated the 6th December 1952, of the Circuit Bench of the Punjab High Court at Delhi (Weston C.J. and Bhandari J.) in Regular First Appeal No. 72 of 1952, arising out of the Jud...
During the years in question cloth was rationed at Lyallpur, then a part. of the Punjab in undivided India, and sales could only be made to government nominees and other authorised persons. The plaintiffs, resident in Lyallpur, were the government nominees, The 403 defendant company, with its head office at Delhi had a...
Appeal No. 4568 of 1991. From the Judgment and Order dated 30.1.89 of the Punjab & Haryana High Court in LPA No. 1251 of 1987. WITH CA Nos 4569 4686/91 482 M. Chandra Sekhar, Additional Solicitor General, G.L. Sanghi, Hatbans Lal, Har Dev Singh, S.P. Goyal, Harinder Pal Singh, Ms. Naresh Bakshi, S.M. Sarin, P.N. Puff, ...
The lands of the respondent and other land owners were acquired under the Land Acquisition Act, 1894. Notifications under sections 4 and 6 of the Act were published on 10.5.1979 and 27.3.1981 respectively. The respondent and other land owners filed Reference Applications u/s 18 of the Act against the award before the D...
No. 2351 of 1970. (Application for stay by notice of motion) and Civil Appeal No. 1196 of 1970. Appeal from the judgment and order dated October 29, 1969 of the Orissa High Court in Misc. Appeal No. 28 of 1967. R. K. Agarwal, for the appellants. Santosh Chatterjee and G. section Chatterjee, for the respondent. The Orde...
The High Court granted certificate for leave to appeal to this Court in a case where it set aside the ex parte decree in the suit and restored the suit to the Me of the trial court. HELD: The certificate granted by the High Court was premature and was not competent. As a result of the setting aside of the decree the su...
Appeal No. 130 of 1964. Appeal from the judgment and order dated November 21, 1958 of the Bombay High Court in Appeal No. 31 of 1958. D. N. Mukherjee, for the appellants. G. section Pathak, section N. Andley and Rameshwar Nath, for respon dent No. 1 The Judgment of the Court was delivered by Bachawat, J. Maharaja Sir R...
Under Order 30 of the Code of Civil Procedure the respondent No. 1 a firm sued another firm of which the appellants and a Ruler of a former Indian State were partners. The consent of the Central Government to the institution of the suit under section 87 B of the Code of Civil Procedure was not obtained. The firm admitt...
on (CRL.) No. 1061 of 1982. (Under Article 32 of the Constitution of India). M.A. Krishna Moorthy, A.S. Pundir, Din Dayal Sharma, Ms. Sangeeta Aggarwal, C.V. Subba Rao and Gopal Subramaniam for the appearing parties. The following Order of the Court was delivered: Pursuant to our order of May 10, 1991, this matter was ...
Under Section 20 of the Forest Act, 1927 certain areas were declared as reserve forest. On behalf of the inhabi tants of the areas, the petitioner filed the present Writ Petition challenging their eviction from the said areas. From time to time this Court had been passing interim orders and directions. This Court also ...
Heard learned counsel for the petitioner as well as learned A.G.A. for the State- The present petition has been filed seeking direction to the respondent authorities to conclude the fair investigation of Case Crime No. 610 of 2021, Contention of learned counsel for the petitioner is that the police is acting in collusi...
The Allahabad High Court has observed that the Magistrate has the power to monitor investigation in the exercise of his power under Section 156(3) Cr.P.C.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed thus while referring to Supreme Court's 2016 ruling in the case of Sudhir Bhaskarrao Tambe ...
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Pal Singh Counsel for Opposite Party :- G.A. Counter affidavit filed by the learned A.G.A., is taken on Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. The accused- applicant, Manoj Saxena, is involved i...
The Allahabad High Court recently granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon a 8 year old girl as her parents refused to get her medically examined.The bench of Justice Sadhna Rani (Thakur) granted bail to accused Manoj Saxena taking...
Civil Appeal Nos. 1841 1846 of 1978. From the Judgment and Order dated 21 9 1978 of the Allahabad High Court in W.P. Nos. 4846, 4436, 3815, 5040, 475 and 4587/78. AND CIVIL APPEAL No. 871 of 1978. From the Judgment and Order dated 29 4 1977 of the Allahabad High Court in W.P. No. 1749 of 1974. AND CIVIL APPEAL No. 1921...
The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U.P. Act XXV of 1964) provides for the regulation of sale and purchase of agricultural produce and for the establishment superintendence and control of markets in Uttar Pradesh. The enactment was passed for the development of new market areas and for efficient dat...
eal No. XXXIV of 1950. Appeal by special leave from an Award of the All India Industrial Tribunal (Bank Disputes) Bombay, dated 1st Janu ary, 1950. The facts of the case are set out in the judg ment. Dr. Bakshi Tek Chand (Veda Vyas and S.K. Kapur, with him) for the appellant. B. Sen for the respondents. Alladi Krishnas...
Held per KANIA (C.J. FAZL ALl, and MAHAJAN JJ. (MUKH ERJEA and PATANJALI SASTRI JJ. dissenting). The functions and duties of the Industrial Tribunal constituted under , are very much like those of a body discharging judicial functions although it is not a Court, and under article 136 of the Constitution of India the Su...
ivil Appeal No. 3447 of 1990. From the Judgment and Order dated 26.4.1990 of the Madhya Pradesh High Court in Misc. Petition No. 4059 of 1989. Rajinder Sachar, Vijay Gupta, Vivek Gambhir, S.K. Gamb hir and Surinder Karnail for the Appellant. B.S. Banthia, S.S. Khanduja and S.K. Agnihotri for the Respondents. The Judgme...
The appellant and Dr. Jain, respondent No. 4, completed their M.B.B.S. course in the years 1983 87. from Gandhi Medical College, Bhopal. While Dr. Jain had been admitted into that course in the Gandhi Medical College, Bhopal after he had passed the entrance test, the appellant first sought admission to M.B.B.S. course ...
N: Criminal Appeal No. 543 of 1976. Appeal by special leave from the judgment and order dated the 6th May 1975 of the Rajasthan High Court in D.B. Criminal Jail Appeal Nos. 277, 413 to 416 and 918 of 1971. Badri Das Sharma for the Appellant. Dalveer Bhandari for the Respondent. The Judgment of the Court was delivered b...
Respondent Kalki alias Kali and her husband Amara (along with four other co accused) were charged, convicted under section 302 I.P.C. and sentenced to life imprisonment. While Kalki was also convicted and sentenced under section 148 I.P.C. for two years ' rigorous imprisonment, the other five accused were convicted and...
No. 59 of1951. Appeal from the Judgment and Decree dated the 22nd August, 1944, of the High Court of Judicature at Allahabad (Verma and Hamilton JJ.) in First Appeal No. 345 of 1940 arising out of the Judgment and Decree dated the 24th August, 1940, of the Court of the Special Judge, 1st Grade of Shahjahanpur in Miscel...
Creditors who did not take an active part in the proceedings are not necessary parties to an appeal from an order rejecting a claim made in a proceeding under section 11 (2) of the U. P. Encumbered Estates Act, 1934. The technical rules of the Civil Procedure Code regarding the impleading of parties should not be appli...
iminal Appeal Nos. 211 & 212 of 1969 and Review Petition No. 37 of 1970. Appeals by Special leave from the judgment of the Calcutta 7 High Court dated August 18, 1969 in Criminal Appeal No. 183 of 1961. C. K. Daphtary and section K. Dholakia, for the petitioner. V. A. Seyid Muhammad and section P. Nayar for the respond...
An air parcel declared by the consigner to contain rasogollas and other edibles was found to contain Rs. 51,000 worth of Indian currency notes. The parcel was booked to be sent from Calcutta to Hong Kong. The consignor 's name as given. on the parcel was found to be false and on investigation the suspicion of the custo...
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava,Ajai Kumar Counsel for Opposite Party :- G.A. 1. Heard Sri Ajai Kumar, learned counsel for applicant and Sri K.P. Pathak, learned A.G.A. for State. 2. Applicant-Sunil, has approached this Court by way of filing the present Crimi...
The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl h...
ppeal No. 4447 of 1991 From the Judgment and Order dated 24.4.1991 of the Madras High Court in Civil Revision Petition No. 4769 of 1984. E.C.Agarwala for the Appellant. Mrs. Jayashree Ahmed for the Respondent. The Judgment of the Court was delivered by RANGANATH MISRA, CJ. Special leave granted. Appellant is the tenant...
Appellant was a tenant under the respondents. Action for eviction against the appellant was initiated on the pleas that there was "wilful default" in the matter of payment of rent and that the lease was residential but it had been used partly for commercial activity. At the time of filing of the petition for eviction t...
Civil Appeals Nos. 2224, 2225 and 2226 of 1979. Appeals by Special Leave from the Judgment and Order dated 22 5 1979 of the Delhi High Court in Civil Writ Nos. 111, 551 and 284 of 1979. V.M. Tarkunde, A. K. Sen, G. L. Sanghi, B. P. Maheshwari and section K. Bhattacharya for the Appellants in C.A.s. 2224, 2225, 2226/79....
In the year 1978, a proviso was added to Rule 3(j) of the Bar Council of Delhi Election Rules, 1968 with the approval of the Bar Council of India in accordance with the requirement of Sub section (3) of section 15 of the . In accordance with that proviso a copy of the declaration form was sent on 14th June, 1978 to the...
N: Criminal Appeal No. 168of 1991. From the Judgment and Order dated 26.7.1989 of the Madya Pradesh High Court in Crl. A. No. 102 of 1984. G.L. Sanghi and A.K. Sanghi for the Appellants. The facts are few and simple. The first appellant Rajendra, on 30th June, 1982, while running a shop under the name and style of M/s....
Appellant No. 1 was found exhibiting and offering for sale tea dust. P.W. 1, the Food Inspector purchased tea dust in the requisite quantity for test. Appellant No. 1 told P.W. 1 that the shop which was being run by him was a part nership concern of the three brothersappellant No. 1 to 3. On receipt of Public Analyst '...
1. This Review Petition was adjourned yesterday at Mr Krishnan’s request. He appears for the Review Petitioners (“the Agarwals”). I have heard him at some length this afternoon and, briefly, Dr Saraf for the contesting Respondent (“Tata Financial”). Priyanka Communications (India) Pvt Ltd & Ors v Tata Capital Finan...
In an important order, the Bombay High Court has observed that written submissions in a dispute become immaterial if the litigant's counsel doesn't rely on them before the court of the first instance.The Bench went on to add that those submissions cannot subsequently be used to challenge any order. "Counsel's failure t...
Counsel for Appellant :- Sharad Malviya,J.H.Khan,M.I. Farooqui Counsel for Respondent :- Govt. Advocate Heard Shri J.H. Khan, learned counsel for the appellant, learned A.G.A. for the State and perused the material on record. The appellant has preferred this criminal appeal aggrieved by judgment and order dated 21.12.2...
The Allahabad High Court on Friday modified the sentence of Life Imprisonment awarded to a 32-Year-Old Rape convict to Rigorous Imprisonment for 13 years, which the convict has already served out.The Bench of Justice Suneet Kumar and Justice Om Prakash Tripathi ordered thus while observing that at the time of the incid...
Appeal No. 46 of 1961. Appeal from the judgment and decree dated July 17, 1958 of the Patna High Court in Appeal from Original Decree No. 162 of 1952. Sarjoo Prasad and D. N. Mukherjee, for the appellant. R. C. Prasad, for respondents Nos. 565 April 1, 1964. The Judgment of the Court was delivered by MUDHOLKAR, J. This...
The plaintiff appellant instituted a suit against the defen dants respondents for the recovery of a sum of Rs. 57,000/ . The appellant was holding permanent lease hold rights over a certain colliery. On January 31, 1949 the appellant granted a sub lease of the colliery to respondent No. 4 for a term of 5 years. He join...
iminal Appeals Nos. 89 and 90 of. Appeals by Special Leave from the Judgment and Order dated the 23rd November 1953 of the High Court of Judicature 'at Bombay in Criminal Appeal No. 1213 of 1953, and from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Bombay in Criminal Appeal No. ...
The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea...
minal Appeal No. 187 of 1956. Appeal by special leave from the judgment and order dated December 7, 1955, of the Patna High Court in Criminal Revision No. 875 of 1954, arising out of the judgment and order dated May 31, 1954, of the Court of the Additional Sessions Judge at Arrah in Criminal Appeal No. 293 of 1953. B. ...
One R, the wife of S, disappeared from her husband 's house. She was traced to the house of the appellants, A and his brother B. When S went there and asked A to let his wife go with him A told him that he had married her and B threatened S and asked him to go away. The appellants were charged under section 498 Indian ...
N: Criminal Appeal No. 115 of 1975. Appeal by Special Leave from the Judgment and order dated 10 1 1972 of the Madras High Court in Crl. Appeal No. 64 No. 657/70. A. V. Rangam for the Appellant. A. T. M. Sampath for the Respondents. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. On November 1, 1969, a s...
Under section 2(i)(L) (before it was amended in 1976) of the , an article of food is deemed to be adulterated "if the quality of purity of the article falls below the prescribed standard or its constituents are present in quantities which are in excess of the prescribed limits of variability". On November 1, 1969, samp...
vil Appeals Nos. 676 and 677 of 1962. Appeals by special leave from the judgment and order dated February 2,7. 1960 of the Life Insurance Tribunal, Nagpur in Case No. 30 / XII of 1959. O.P. Malhotra, Hamendra K. Shah, .1. B. Dadachanji, O.C. Mathur and Ravinder Narain, for the appellants (in C.A. No. 767/ 62). H.M. Tha...
Indian section 10 Transfer of Funds from Life Insurance Fund to General Department of composite insurer Permissibility. The appellants were directors of an insurance company which was a composite insurer i.e. one carrying on other classes of life insurance business besides life insurance. Under section 10(1) of the Ind...
These cross appeals are directed against the order passed by Ld. CIT(A)-5, Bengaluru and they relate to the assessment year 2. These appeals were earlier disposed of by this bench of Tribunal vide its order dated 2.12.2016. The assessee challenged the order passed by the Tribunal by filing appeal before Hon’ble Hig...
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) headed by N.V. Vasudevan (Vice-President) and B.R. Baskaran (Accountant Member) has ruled that the capital gain exemption cannot be denied to the wife for the mere presence of the husband's name in the purchase document. The appellant/assessee is an individ...
Counsel for Opposite Party :- G.A.,Jeetendra Kumar Sharma Heard Mr. Monoj Kumar Srivastava, learned counsel for the applicant, Mr. Jeetendra Kumar Sharma, learned counsel for the opposite party No.2 and learned A.G.A. for the State. The present Application U/S 482 Cr.P.C. has been filed with a prayer to quash the charg...
The Allahabad High Court has observed that matrimonial dispute between the husband and wife should be quashed when the parties have resolved their entire dispute amongst themself through a compromise deed duly filed and verified by the Court. The Bench of Justice Chandra Kumar Rai observed thus as it quashed criminal p...
Appeal No. 109 of 1957. Appeal by special leave from the judgment and order dated March 1, 1956, of the Bombay High Court in Appeal No. 20 of 1956. G. section Pathak, K. H. Bhabha, H. M. Vakeel and I. N. Shroff, for the appellants. C. K. Daphtary, Solicitor General of India, B. K. Khanna and P. D. Menon, for the respon...
The appellants were members of the East India Cotton Association which was an association recognised by the Cen tral Government under the Forward Markets Regulation Act, 1952. Prioi to December 1955, they had entered into "hedge contracts" in respect of cotton for settlements in February and May 1956 in accordance with...
Dr. Birendra Saraf, Senior Counsel a/w Anand Mohan, Nishit Dhruva, Khushboo Chhajed, Yash Dhruva & Shahbaz Malbari i/b. MDP & Partners, for the Applicant/Plaintiff. Mr. Hiren Kamod a/w Ankoosh Mehta, Sarah Navodia, Aman Parekh i/b. Cyril Amarchand Mangaldas for Defendant Nos. 1 to 3. Mr. Rashmin Khandekar a/w Megha Cha...
Less than six weeks after the Bombay High Court refused ad-interim reliefs to plaintiffs Azure Entertainment in a commercial suit worth Rs. 4.50 crores against release of the film "Thank God," the parties entered into consent terms and settled the matter for Rs. 3.75 crore. Justice BP Colabawalla decreed the suit agai...
Civil Appeal No. 2398 of 1978. Appeal by Special Leave from the Judgment and Order dated 24 1 1978 of the Kerala High Court at Ernakulam in T.R.C. No. 2 of 1976. M. M. Abdul Khader, V. J. Francis and M. A. Firoz for the Appellant. section T. Desai, P. A. Francis and Mrs. section Gopalakrishnan for the Respondent. The J...
The respondent assessee, Pio Food Packers carries on the business of manufacturing and selling canned fruit besides other products. The Pineapple purchased by the assessee is washed and then the inedible portion, the end crown, skin and inner core are removed, thereafter the fruit is sliced and the slices are filled in...
t Petition (Civil) No. 13704 of 1983. (Under Article 32 of the Constitution of India) P.N. Lekhi and M.K. Garg for the Petitioner. Prithvi Raj, P.P. Rao, Govind Mukhoty, Satish Chander, Raju Ramachandran, Mrs. section Dikshit, A.K. Sangal, P.K. Chakraborty. Ms. Sadhya Goswami and Y.C. Maheshwari for the Respondents. K....
The petitioner was appointed as Excise Sub Inspector in February 1964 in the State of U.P. and was later promoted as Excise Inspector on ad hoc basis on February 24, 1972. He was confirmed as Excise Sub Inspector w.e.f. April 1, 1967. Though promoted on ad hoc basis, the petitioner has continuously been working as Exci...
Appeals Nos. 901 to 903 of 1971. Appeals by special leave from the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court in Writ Petitions Nos. 6090 of 1970, 221 of 1971 and 543 of 1971 respectively. section V. Gupte, P. section Shankar and P. P. Rao, for the appellants (in C.A. No. 901 of 1971). P. se...
Admission to the integrated M.B.B.S. Course in the government medical colleges in Andhra Pradesh was from two sources, namely, those who had passed the pre University Course and those who had passed the Higher Secondary Course (Multi purpose) and a student from either course had to appear at a competitive test. By G.O....
Appeals Nos. 107 111 of 1963. Appeals by special leave from the judgment :and order dated March 23, 1961 of the Punjab High Court in Income tax Reference No. 14 of 1960. R. Ganapathi Iyer and R.N. Sachthey, for the appellant (in all the appeals). S.T. Desai, R.K. Gauba, B.P. Singh and Naunit Lal, for the respondent (in...
The assessee, a distiller of country liquor, carried on the business of selling liquor to licensed whole salers. The assesses :started collecting from its customers from the year 1945 besides the price of the liquor and the bottles in which the liquor was sold a further charge called "empty bottles return security depo...
Civil Appeal No. 4379 of 1983. From the Judgment and order dated the 11th January, 1983 of the Punjab and Haryana High Court at Chandigarh in Election Petition No. 3 of 1982. S N. Kacker and V Mayakrishan for the Appellant. A. K. Sen and Rathin Das for the Respondent. The Judgment of the Court was delivered by DESAI, J...
Sub r. (1) of r. 1 of O. XVI, Code of Civil Procedure, 1908 casts an obligation on every party to a proceeding to present a list of witnesses whom it proposes to call and to obtain summonses to such persons for their attendance in court; sub r. (2) requires that the party seeking such assistance from the court must mak...
S/O LATE FAIZUDDIN, R/O VILL- JORGARH, P.S.-TEZPUR, PIN-784001, DIST- REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 REPRESENTED BY THE CHIEF ELECTION COMMISSION OF INDIA REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE ...
The Gauhati High Court on Monday set aside an order passed by a Foreigners' Tribunal declaring a resident of Jorgah village, Sonitpur as a foreigner after noting that the concerned Tribunal had earlier declared him to be an Indian citizen but had subsequently passed an ex-parte order declaring him to be a foreigner. A ...
For the respondent: Mr. Nand Lal Thakur Addl. Advocate General, Mr. Ram Lal Thakur Assistant Advocate General, and Mr. Rajat Damtal, Distt. Kangra, H.P. 21 & 22 of NDPS Act A pregnant woman, apprehending her arrest on the allegations of conspiring with her husband in substance trade, from whose house the Polic...
Observing that heavens will not fall if the incarceration is postponed, the Himachal Pradesh High Court on Saturday held that every expecting female deserves dignity during motherhood and that in such conditions, a pregnant woman deserves bail and not jail.Granting anticipatory bail to a pregnant woman accused under ND...
ivil Appeal Nos. 1852 & 4772 of 1989. From the Judgment and Order dated 25.5.1988 & 11.11.1988 of the Punjab and Haryana High Court in R.S.A. Nos. 2404 of 1987 and 2246 of 1988. 666 A.S. Sohal and G.K. Bansal for the Appellants. Atul Nanda, ,Francis Victor, S.K. Mehta (N.P.), Subhash G. Jindal and N.A. Siddiqui for the...
The respondent plaintiff in C.A. No. 18S2/89 was appointed as an ad hoc Sub inspector in the District Food and Supply Department. He absented himself from duty from 29 September 197S. On 27 January 1977, his services were terminated. On 18 April 1984, he instituted 'the mir for declaration that the termination order wa...
minal Appeal No. 126 of 1959. Appeal by special leave from the judgment and order dated June 19, 1959, of the Punjab High Court in Criminal Revision No. 144 of 1959. R. L. Kohli, for the appellant. G. C. Mathur and P. D. Menon, for the respondent. March 6. The Judgment of the Court was delivered by KAPUR, J. This is an...
The appellant was searched by a Customs Official and some bars of gold were found tied round his waist. Out of those bars some were of base metal and the rest of pure gold which borne foreign markes. The appellant had no permit from the Reserve Bank of India to import the gold. He was prosecuted and convicted under sec...
2. Perused the First Information Report (FIR) and the statements of relevant witnesses with the assistance of the learned Counsel for the applicants, learned APP and the learned Counsel for non-applicant no. 2. 3. Although, it is the contention of the learned counsel for the applicants that the ...
The Bombay High Court recently held that a husband marrying another woman during the existence of first marriage and without his wife's consent constitutes cruelty under section 498-A of the IPC. "Marrying another woman by the husband during existence of his first marriage is something which is most likely to cause tr...
Present: Mr. Nikhil Ghai, Advocate for the appellant. 1. This appeal is directed against conviction and sentence of Parveen Kumar (appellant) vide judgment and order dated 29.11.2004, in case of FIR No. 76 dated 10.3.2002, under Sections, 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 19...
The Punjab and Haryana High Court recently acquitted a public servant convicted for accepting bribe in a case under Prevention of Corruption Act, 1988, on the ground that evidence of 'demand' and 'acceptance' of bribe was not available. The appellant, a patwari, in 2004 had appealed against his conviction and sentence ...
minal Appeal No. 223 of 1972. Appeal by special leave from the judgment and order dated February 10 & 11, 1972 of the Bombay High Court at Bombay in Cr. A. No. 1416 of 1971. M. L. Srivastava, for the appellant. H. R. Khanna and section P. Nayar, for the respondent. The Judgment of the Court was delivered by KHANNA, J. ...
The appellant was convicted by the Sessions Judge for offences under section 302 I.P.C. on two counts for causing the death of a Head Constable and another and sentenced to death on each count. The appellant was further convicted under section 307 I.P.C. for attempt to murder a P.S.I. and was sentenced to undergo rigor...
Criminal Revisional Jurisdiction Present: Hon’ble Mr. Justice Subhendu Samanta. of 2018 C.R.R. 1858 of 2018 Mrs. Nandita Sarkar Tilak Sarkar & Ors. For the petitioner Subir Banerjee Sandip Bandyopadhyay,Adv., Ms. Ruxmini Basu Roy For the Opposite Party : Mr. Manjit Sing , Adv Adv. Adv Mr. Abhisekh Bagal, Adv Mr. Biswaj...
The Calcutta High Court recently held that depriving a woman of her Stridhan or any other financial or economic resources she is entitled to, would amount to domestic violence under the Prevention of Women from Domestic Violence Act, 2005 (PWDV Act) [Nandita Sarkar vs Tilak Sarkar]. Stridhan is gifts/ presents given to...
: Special Leave Petition (Crl.) No. 1383 of 1978. From the Judgment and Order dated 3 1 1978 of the Punjab and Haryana High Court in Crl. A. No. 1039/74. K. L. Jogga and L. N. Gupta for the Petitioner. Hardev Singh for the Respondent. The Order of the Court was delivered by SHINGHAL, J. We have heard learned counsel fo...
Against their conviction and sentence passed by the Sessions Judge, Gurdaspur, the appellants preferred an appeal to the High Court. The State filed an appeal for their conviction and sentence under section 302 I.P.C. A revision petition was also filed under Section 401 Crl. P.C. for enhancement of the sentence of impr...
Civil Appeal No. 1154 of 1972. Appeal by special leave from the Judgment and order dated 18th December, 1969 of the Allahabad High Court in Special Appeal No. 324 of 1962. 827 Yogeshwar Prasad, section K. Bagga, Mrs. section Bagga and Miss Rani Arora, for the appellant. G. N. Dikshit and O. P. Rana, for the respondent....
The appellant is a tenant or Plot No. 428. A notification was issued under Section 4 (1) of the Land Acquisition Act for setting up an industrial estate in respect of Plot No. 428 and Plot No. 436. By a notification under Section 17 (4) the provisions of section 5A were dispensed with in the ground that provisions of s...
vil Appeals Nos. 578485 of 1983. From the Judgment and Order dated 2.3.1983 of the Andhra Pradesh High Court in W.A. Nos. 170 and 171 of 1982. WITH Special Leave Petition (Civil) No. 1679 of 1989 and Transfer case No. 29 of 1989. From the Judgment and Order dated 13.6.1988 of the Andhra Pradesh High Court in Writ Petit...
For the purposes of a housing project, some land was acquired by way of a notification under the Land Acquisition Act. The Respondent Society claiming that it had entered into a contract with the owners for purchasing the very property, applied for exemption under the Urban Ceiling Act. The exemption prayed for was ref...
Appeal No. 236 of 1965. Appeal from the judgment and order dated August 30, 1961. of the Bombay High Court in Income tax Reference No. 12 of 1959. A. V. Viswanatha Sastri, N. D. Karkhanis, R. H. Dhebar and R. N. Sachthey, for the appellant. N. A Palkivala, T. A. Ramachandran, J. B. Dadachanji, O. C. Mathur and Ravinder...
The assessee was a limited company with its registered office at Bombay. Its main business was the manufacture of locomotive boilers and locomotives, and for that purpose the assessee had to make purchases of plant and machinery, in various countries including the U.S.A. The assessee appointed M/s. Tata Inc., New York,...
l Appeal No. 1827 of 1967. Appeal by special leave from the judgment and order dated the '29th April 1966 of the Rajasthan High Court at Jodhpur in D. B. ,Civil Regular First Appeal No. 57. U. N. Trivedi and Ganpat Rai, for the Appellants. Sobhagmal Jain, for the respondent. The Judgment of the court was delivered by M...
The deceased, who was at the material time in the employment of the State of Rajasthan in the Public Department, was required to proceed from his office at Bhilwara to Banswara, in connection with famine relief work undertaken by the department. For that purpose, he boarded a truck owned by the department from Bhilwara...
2. A claim arising out of injuries caused in a motor accident that has reached its fruition more than 20 years later before this Court, which we find extremely distressing. The original claimant and his wife, both did not survive the ordeal to see the fruits of the litigation which is now being pursued by thei...
The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that th...
Civil Appeal No. 2411 of 1978. Appeal by Special Leave from the Judgment and order dated 26 7 1978 of the Karnataka High Court in Writ Petition No. 10203/ 77. And ORIGINAL JURISDICTION: Writ Petitions Nos. 4473 4474, 4415, 4488, 4528, and 4539 of 1978. (Under Article 32 of the Constitution). D G. B. Rikar, K. R. Nagara...
The Karnataka Contract Carriage (Acquisition) ordinance, 1976 was promulgated on January 30, 1976 with the object of acquiring the contract carriages operating in the State. Sub clause (3 ) to cl. 20 of the ordinance provided for absorption of certain categories of employees of contract carriage operators in the servic...
Neutral Citation Number of LPA -676/2022 : 2022/DHC/005243 Date of decision: 29thNOVEMBER , 202 2 + LPA 676/2022 & CM APPL s. 50205/2022, 50206/2022, 50208/2022 Through: Ms. Maninder Acharya, Senior Advocate with Mr. Ishan Dewan, Mr.V. Siddharth, Mr. Viplav Acharya, Ms. U dita and Ms. PriyalBopana, Advocates versus Thr...
The Delhi High Court recently held that a borrower cannot ask for alteration of a contract by way of a writ petition and a contract can only be altered through mutual consent between parties [Supertech Realtors Private Limited v Bank of Maharashtra]. A Division Bench of Chief Justice Satish Chandra Sharma and Justice S...
ion No. 1 of 1967. Election Petition under Presidential and Vice Presidential Elections Act, 1952. R.V.S. Mani, for the petitioners. M.C. Setalvad, J.M. Mukhi and A.S. Nambiar, for respondent No. 1. E. Udayaratnam, for respondent No. 6. Janardan Sharma, for respondent NO. 10. O.P. Varma, for respondent No. 12. C.C. Pat...
As a result of the Presidential election held in May, 1967, respondent No. 1 was declared elected. The petitioners challenged the election on the following two grounds, namely (i) article 58(1)(c) required that a person to be eligible for election as President must be qualified for election as a member of the House of ...
Case :- CRIMINAL REVISION No. - 2660 of 2022 Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raghawendra Kumar Singh Counsel for Opposite Party :- G.A. The present revision has been preferred with a prayer to allow this revision and quash/set aside the order dated 26.04.2022 passed by learned Add...
The Allahabad High Court recently explained the difference between the Section 174 CrPC [Police to enquire and report on suicide, etc.] and Section 157 CrPC [Procedure for investigation preliminary inquiry]. The Court emphasized that the preparation of inquest under Section 174 Cr.P.C. is in fact in the nature of inqui...
1. Business associations can sour and that is what has happened in the present case. That the association was across the seas is another aspect. The two parties before us were shareholders in the investment holding company called Atlas Equifin Private Limited, India (for short ‘Atlas’) which held 11,05,829 equity s...
The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. "Section 34 as amended will apply only to Section 34 applications that have been made to the Court on or after 23....
minal Appeal No. 101 of 1972. Appeal by special leave from the Judgment and order dated the 25th February, 1972 of the Rajasthan High Court at Jodhpur in section B. Criminal Revision No. 52 of 1972. B. D. Sharma, section K. Bagga, section Bagga, Rani Arora and Yash Bagga, for the appellant. section M. Jain, for respond...
The appellant filed a complaint against respondent No. 2, his superior officer, in the Postal Department, under sections 323 and 502 of I.P.C. alleging that when the appellant went with a certain complaint to the second respondent, the second respondent kicked him,in his abdomen and abused him by saying "Sale, gunde, b...
Appeal No. 975 of 1964. Appeal by special leave from the judgment and order December 12, 1962, of the Mysore High Court in W.P. No. 531 of 1961. Bishan Narain, Naunit Lal and B.R.G.K. Achar, for the appellant. section K. Venkataranga Iyengar and R. Gopalakrishnan, for the respondent. The judgment of the Court was deliv...
The respondent was employed in the Southern Railway as Train Examiner in the scale of Rs. 100 5 125 6 185. He was promoted to officiate in the next higher scale of Rs. 150 225. Subsequently he was reverted to the lower scale, and his departmental representations and appeals having failed, he filed a writ petition under...