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CIVIL APPELLATE JURISDICTION Civil Appeal No. 3838 of 1988. From the Judgment and Order dated 22.6.1987 of the Tamil Nadu High Court in W.A. No. 555 of 1984. T.S. Tulsi, Additional Solicitor General, B.K. Prasad, K. Srivastava, P. Parmeshwaran for the Appellants. T.M. Sampath and K.V. Sreekumar for the Respondents. The...
C. Shah, C.J. By the deed dated 4th January, 1961 one Harnam Singh made a gift of agriculture land measuring 76 acres 3 bigh as in favour of the appellant in appeal. Wazir Singh, respondent to this appeal claming that he was adopted on July 11, 1947 by Harnam Singh according to Hindu rites and ceremonies challenged th...
BRIJESH KUMAR, J. This appeal is preferred against the judgment and order dated 17.5.2002 passed by the Madhya Pradesh High Court dismissing the appeal of the appellants against their companyviction and sentences of imprisonment for life under Section 302/149 as well as six months rigorous imprisonment under Section 3...
P. Mathur, J. This appeal, by special leave, has been preferred against the judgment and order dated 19.6.2000 of the Bombay High Court by which the Letters Patent Appeal filed by ANZ Grindlays Bank Limited hereinafter referred to as the Bank was dismissed and the order dated 29.2.2000, passed by the learned single ...
KAPADIA, J. Being aggrieved by the direction issued by the Telecom Disputes Settlement Appellate Tribunal on 24.8.2005 ordering Star India Pvt. Ltd. appellant herein to supply signals of its bouquet of channels by entering into an Agreement with Sea T.V. Network Ltd. respondent No.1 herein on such terms and companyd...
RANJAN GOGOI, J. Leave granted. Applications for Impleadment Intervention are allowed. The refusal of the High Court to interfere with the result of the 53rd to 55th Combined Mains Competitive Examinations, 2011 held by the Bihar Public Service Commission hereinafter referred to as the Commission in May-June, 2012...
ARIJIT PASAYAT,J A rapist number only causes physical injuries but more indelibly leaves a scar on the most cherished possession of a woman i.e. her dignity, chastity, honour and reputation. The depravation of such animals in human form reach the rock bottom of morality when they sexually assault children, minors and ...
Dipak Misra, J. The pivotal issue that emanates for companysideration in this appeal, by special leave, is whether the learned Special Judge was justified in granting companypensation of an amount of Rs.1,50,000/- to each of the respondents who had been arraigned as accused for the offences punishable under Sections 8...
VIRKAMAJIT SEN, J. 1 This Appeal assails the judgment of the learned Division Bench of the High Court of Judicature at Bombay dated 22.3.2007, which allowed the writ petitions of the First and Second Respondent herein. In this detailed and indeed lucid Judgment it has been clarified that the insurance policies issued ...
Murtaza Fazal Ali, J. This appeal by certificate is directed against the judgment of the Allahabad High Court dated 23-9 1959. We have gone through the effective judgment of the High Court rendered by Justice Lakshami Prasad and we find ourselves with companyplete agreement with the view taken by the learned judge as ...
PARIPOORNAN, J. Leave granted. This is a typical case where the extraordinary discretionary jurisdiction vested in the High Court under Article 226 of the Constitution of India was improperly invoked, and High Court was pleased to exercise its jurisdiction resulting in an abuse of process. The appellant is the Executiv...
ASHOK BHUSHAN, J. This appeal has been filed against the judgment of the High Court of Chhatisgarh allowing an IA filed by the legal representatives of the petitioner in Criminal Misc. Petition. The respondents aggrieved by the order of the High Court dated 02.02.2017 has filed this appeal. The brief facts necessary f...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 356 of 1965. Appeal by special leave from the judgment and decree dated October 27, 1964, of the Madhya Pradesh High Court in Second Appeal No. 240 of 1964. Sen and M. S. Gupta, for the appellants. T. Desai and A. G. Ratnaparkhi, for the respondents. The Judgment of the Cou...
O R D E R Arising out of SLP C No. 2351/2006 Leave granted. The grievance of the appellants is that a sum of Rs.46,221/- had wrongly been paid to the respondent as he was put on a wrong scale of pay. It is that amount which is number sought to be recovered. The respondent herein filed a writ petition questioning the ...
ORIGINAL JURISDICTION Writ Petition No. 435 of 1968. Petition under Art. 32 of the Constitution of India for the enforcement of fundamental rights. C. Agarwala, for the petitioners. B. Agarwala, Uma Mehta, S. K. Bagga and S. Bagga, for respondents Nos. 1 and 2. P. Rana, for respondent No. 3. The Judgment of the Court w...
In this appeal the Regional Provident Fund Commissioner and the Union of India have brought in challenge the judgment and order rendered by the learned Single Judge of the Bombay High Court in Writ Petition No. 1129 of 1980. It has been held by the learned Judge that the respondent-Chemical Company had established a n...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 968 of 1968. Appeal by Special Leave from the Judgment dated 21-7-1966 of the Bombay High Court in Appeal No. 86 of 1966 in F.A. No. 102 of 1963. B. Datar and Miss Farhat Quadiri for the Appellant. G. Ratnaparkhi for Respondents 1 a to 1 c , 5, 6 a to 6 g . Sharhad ...
ORIGINAL JURISDICTION Writ Petitions Nos. 76, 217 to 228 of 1960. Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights. V. Viswanatha Sastri and T. V. R. Tatachari, for the petitioners In petitions Nos. 76, 87, 93-104 and 217-228 of 1960 . V. R. Tatachari, for the petitioners ...
Markandey Katju, J. Leave granted. Shera was the symbol of the recent Commonwealth Games, but ironically Shera has been almost exterminated in our companyntry. The Sher Khan of Rudyard Kiplings Jungle Book, which once abounded in India, is rarely to be seen today. This case reveals how avaricious and rapacious persons...
Arising out of Special Leave Petition Crl. No. 4537/2004 P. MATHUR, J. Delay in filing the special leave petition is companydoned. Leave granted. This appeal has been preferred by the State of M.P. against the judgment and order dated 13.8.2003 of Justice N.S. Azad of M.P. High Court in Crl. Appeal No. 1739 of 2002...
SANTOSH HEGDE, J. The appellant was companyvicted and sentenced by the XXII City Civil Sessions Judge, Bangalore Rural District, Bangalore in SC No.337/91 vide his judgment dated 18.2.1992 for life imprisonment for an offence punishable under Section 302 of the IPC and for a period of 10 years RI for an offence punish...
This appeal by special leave arises against the order dated 21st May, 1975 of the High Court dismissing Writ Petition No.1887/75 as usual in limine. The companytroversy is whether abadi plot No.71 is a pathway which stands vested in the Gram Panchayat, Sufipind or whether it passes through the passage to the respondent...
VIKRAMAJIT SEN, J. This Appeal assails the Judgment dated 17.8.2005 pronounced by the Securities Appellate Tribunal hereinafter SAT directing the Appellant as well as the National Stock Exchange NSE for brevity to companytinue to grant the Respondent the fee companytinuity benefit as was available to them before t...
Venkataswami, J. On a close and careful scrutiny of the facts we find that the dispute in these matters lies in a very by referring to matters which have numberreal relevance to the actual disputes in these matters. Brief facts leading to the filing of these two matters are the following The work of companystruction of...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 403 of 1961. Appeal by special leave from the judgment and order dated July 19, 1961, of the Patna High Court in Misc. Judicial Case No. 404 of 1961. Basudeva Prasad and Naunit Lal, for the Appellant. C. Chatterjee, D. P. Singh, R. K. Garg, S. Agarwala and M. K. Ramamurthy,...
Dr. B.S. CHAUHAN, J. The Legislature of Uttar Pradesh enacted the U.P. Industrial Area Development Act, 1976, hereinafter referred to as Act 1976 for the purpose of proper planning and development of industrial and residential units and to acquire and develop the land for the same. The New Okhla Industrial Developme...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 571 of 1987. From the order dated 5.12.1986 of the Customs Excise and Gold Control Appellate Tribunal, New Delhi in Appeal No. 424/86-B-2. R. Andhyarujina, F.H.J. Talyarkhan, Shri Narain, R.K. Krishnamurthi and Sandeep Narain for the Appellants. K. Ganguli, P. Parmeswaran...
J U D G M E N T With C.A. No. 1524/1999 ARIJIT PASAYAT,J This is the second journey of the parties to this Court. The basic issue is whether the appellants herein were legally recruited as teachers during the period from 1981 to 1983. These two appeals are directed against two judgments of the High Court of Patna. Whi...
Leave granted. The matter stood adjourned from time to time awaiting the decision of the BIFR. The BIFR has since passed an order on 26.3.2008 the material portion whereof reads as under Having companysidered the facts on record, the Bench observed that in the hearing held on 12.3.2007, the Bench had directed the prom...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 605 of 1964. Appeal by special leave from the judgment and decree dated April 12, 1963 of the Andhra Pradesh High Ccurt in S.A. No. 124 of 1959. Ram Reddy and A. V. V. Nair, for the appellant. R. Gokhale, S. P. R. Vital Rao, K. Rajendra Chaudhari and K. R. Chaudhuri, for th...
S.Khehar, J. The respondent was appointed as an Octroi Clerk by the Gram Panchayat, Rakhial, i.e., the appellant before this Court, on 31.3.1977, on temporary basis, inter alia, for a lump sum salary of Rs.200/- per month. In addition to the above, he was number entitled even to dearness allowance or any other allowan...
N. VARIAVA, J. This Appeal is against the Judgment dated 18th February 1999 passed by the Karnataka High Court. Briefly stated the facts are as follows The Appellants are a Public Limited Company doing business in Xerox machines, parts and accessories, as part of its business. After the Xerox machine is sold to a cust...
The High Court see 1995 216 ITR 658 declined to call for a reference at the behest of the Revenue of the following question page 659 Whether, on the facts and in the circumstances of the case, including, in particular, the fact that part of the official residence of the ex-Ruler of Ratlam, who is the assessee resp...
CIVIL APPELLATE JURISDICTION CIVIL Appeal No. 720 of 1976. Appeal under section 38 of the Advocates Act, 1961 from the order dated the 23rd April, 1976 of the Disciplinary Committee of the Bar Council of India in D.C. Appeal No, 11 of 1975. J. Francis for the Appellant. N. Ganpule and Mrs. V.D. Khanna for the Responden...
THE 1ST DAY OF NOVEMBER, 1996 Present Honble Mr.Justice K.Ramaswamy Honble Mr.Justice G.B.Pattanaik Prashant Kumar and S.K.Agnihotri, Advs. for the appellants Dr.I.B.Gaur, Adv. for the Respondent O R D E R The following Order of the companyrt was delivered Delay companydoned. Leave granted. This appeal by special leave...
civil appellate jurisdiction civil appeal number 7 of 1964. appeal from the judgment and decree dated january 7 1955 -of the madras high companyrt in appeal suit number 371 of 1959. ganapathy iyer and r. thiagarajan for appellants. s. k. sastri and m. s. narasimhan for respondent number 2 the judgment of the companyrt...
GOPALA GOWDA J. This appeal is directed against the impugned judgment and order dated 08.04.2005 of the High Court of Uttar Pradesh at Allahabad wherein the High Court allowed the appeal filed by the respondents and set aside the order passed by the Additional District Judge and upheld the findings of the trial compan...
civil appellate jurisdiction civil appeal number 69 of 1967. appeal by certificate from the judgment and order dated october 15 1963 of the punjab high companyrt at chandigarh in p.a. number 330 of 1963. subba rao bhuvansesh kumari j. b. dadachanji o. c. mathur and ravinder narain for the appellant. c. mahajan and r....
K. JAIN, J. Special leave granted. These appeals are directed against a companymon judgment and order dated 8th July, 2004 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Cross Writ Appeals No.767 and 846 of 2000. By the impugned judgment, the Division Bench while reversing the decision of the l...
H. KAPADIA, CJI Leave granted. In this batch of Civil Appeals, the companytroversy pertains to validity of Sections 65 12 and 65 105 zm of the Finance Act, 1994 as amended insofar as the said provisions seek to levy service tax on leasing and hire purchase. The appellants companytend that service tax imposed by S...
Bhagwati, J. The appellant and one mohamed ibrahim alias kottai thambi were apprehended when crossing Into the indian union from the french territory of pondicherry on the night of the 23rd march, 1952, at 1 a.m. the appellant was found companyveying dutiable goods namely 2 blocks of gold weighing 307 7/8 tolas in all...
2004 1 SCR 870 The Judgment of the Court was delivered by B. SINHA, J. INTRODUCTION Applicability of Section 482 of the Code of Criminal Procedure, 1973 for quashing a proceeding for companyfiscation of forest-produce etc. under the provisions of Indian Forest Act, 1927 hereinafter referred to as the Act as amended...
K. PATNAIK, J. Leave granted. This is an appeal against the order dated 17.09.2010 of the Division Bench of the Bombay High Court in Appeal Lodging No.534 of 2010. Facts The facts very briefly are that on 30.11.2007 the Board of Control for Cricket in India for short BCCI invited tenders for IPL Indian Premier Le...
KURIAN, J. Leave granted. I.A. No.68830/2017 is allowed, in terms of the prayer made. The appellants are before this Court, aggrieved by the judgment dated 30.09.2016 passed by the High Court of Punjab and Haryana at Chandigarh in LPA Nos.1395, 1398, 1400 and 1396 of 2015. The High Court took the stand that the appell...
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos, 172 173 of 1961. Appeals by special leave from the judgment an, order dated July 7, 1961 of the Mysore-High Court in Criminal Appeals Nos. 352 and 355 of 1959 and Criminal Referred Case No. 25 of 1959. H. Hingorani, for the appellants. R. Iyengar and R. H. Dhebar, fo...
O R D E R Arising out of SLP C No.5518 of 2006 Leave granted. This appeal is directed against the judgment and order dt.05.12.2005 passed by the High Court of Judicature at Patna in C.W.J.C.No.7505 of 2004 by which the High Court has affirmed the order passed by the Central Administrative Tribunal by which the appel...
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 4734-35 of 1992. From the Judgment and Order dated 8.5.1992 of the Madhya Pradesh High Court in Misc. Petition Nos. 48 and 533 of 1992. Shanti Bhushan, N.C. Jain, S.K. Agnihotri and Ashok K. Singh for the Appellant. Kapil Sibal, N.S. Kale, A.P. Dhamija, S.K. Jain, Manmohan...
CIVIL APPEAL NO. 5158 OF 2007 Arising out of S.L.P. C No. 17859 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted. Challenge in this appeal is to the order passed by a Division Bench of the Andhra Pradesh High Court in Writ Appeal No.874 of 2005 dismissing the appeal filed by the appellants and thereby upholding the or...
Shah, J. The question involved in this appeal is whether import of Beef Tallow under Open General Licence hereinafter referred to as OGL was permissible after issue of Import Trade Control Public Notice No.29-ITC PN/81 on 5th June, 1981 clarifying that existing description Mutton Tallow in Entry No.44 shall be rea...
criminal appellate jurisdiction criminal appeal number 186 of 1966. appeal by special leave from the judgment and order dated numberember 4 1965 of the punjab high companyrt in criminal revision number 263 of 1965 and criminal misc. number. 224 of 1965. pritam singh safeer for the appellants. harbans singh and r.n. sac...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 126 of 1966. Appeal from the judgment and order dated November 29, and December 2, 1963 of the Gujarat High Court in Special Civil Application No. 641 of 1962. R. Chaudhuri, for the appellant. M. Hazarnavis, K. L. Hathi and S. P. Nayar, for the respondents. T. Desai and I. ...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2097 of 1968. Appeal from the judgment and order dated August 11, 1965 of the Delhi High Court in C.W. No. 197-D of 1965. Jagdiish Swarup, Solicitor-General of India, S. N. Prasad, B. D. Sharma and S. P. Nayar, for the appellant. C. Manchanda, S. Balakrishnan and P. N. Lekh...
N. Ray, J. The question for our companysideration in this appeal is whether the expression Building in Section 3 i of the U.P. Urban Buildings Regulations of Letting, Rent and Eviction Act, 1972 the Act means only the super-structure or it includes the land underneath it also. It is number necessary to go into th...
Gajendragadkar, J. This group of companysolidated appeals has companye before this Court with a certificate granted by the High Court at Bombay, under Art. 133 of the Constitution the certificate shows that according to the High Court the amount of the value of the subject-matter in dispute involved in these companyso...
With Civil Appeal Nos. 5592, 5593, 5594, 5595, 5596 5597 of 1999 SRIKRISHNA, J. These seven appeals by special leave impugn the companymon judgment rendered by the Division Bench of the Punjab Haryana High Court dismissing a group of writ petitions challenging the acquisition proceedings under the Land Acquisition Act...
This appeal arises from the Judgment of the Madras High Court in a Sales Tax Revision Case. The appellant is a companyoperative sugar factory having its sugar factory at Chittur in Kerala State. Inasmuch as sufficient quantity of sugarcane was number available within the State of Kerala, the appellant and the Governme...
criminal appellate jurisdiction criminal appeal number 317 of 1988. from the judgment and order dated 23.1.1987 of the madras high companyrt in criminal appeal number 408 of 1986 and t. 6 of 1986. r. lalit v. krishnamurthy and v. balachandran for the appellant. v. rangam for the respondent. the judgment of the compan...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 168 of 1952. Appeal from a Judgment and Decree dated 23rd July, 1951, of the Court of the Judicial Commissioner, Vindhya Pradesh, in Civil First Appeal No. 26 of 1951 arising out of the Judgment and Decree dated 14th March, 1951, of the Court of the District Judge, Umaria, ...
RAJARAM v. STATE OF M.P. This is an appeal under Section 19 of the Terrorist and Disruptive Activities Prevention Act. The appellant was tried for the offence punishable under Section 5 1 of the TADA Act and also under Section 25 of the Arms Act, 1959. The Designated Court companyvicted him under Section 25 of the A...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 46 of 1990. Form the judgment and order dated 2.6.89 of the Punjab and Haryana High Court in C.W.P. No. 3361 of 1984. N Haksar, Ms. Ritu Bhalla and S.S Shroff for the Appellant. L Sanghi, V.C. Mahajan, S.K Metha, Aman Vachhar, Tajinder Singh Dobia and Ms. Kamini Jaiswal N....
V. RAMANA, J. Signature Not Verified Digitally signed by VISHAL ANAND Date 2018.02.05 151011 IST Reason These two Appeals arise out of a companymon Judgment passed on 3rd August, 2007 in First Appeal Nos.1 of 1996 and 175 of 1995, respectively, by the High Court of Madhya Pradesh, Bench at Gwalior. The short question ...
THOMAS, J. Leave granted. LITTTTTTTJ When a document was found to be insufficiently stamped the further proceedings were, unwittingly, diverted through a wrong track. After it companyered a long distance everybody companycerned realised that the lis was proceeding through a wrong companyrse. It has number to be revers...
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 167-169 of 1992. From the Judgment and Order dated 4.2.91 of the Madhya Pradesh High Court in Crl. Revision Nos. 356, 357 and 358/89. Ram Jethmalani, Ravinder Narain, B.B. Lall, Ashok Sagar and S. Sukumaran for M s IJBD Co. for the Appellants. N. Bachawat, Ms. Mirdul...
Special leave granted limited to the question of nature of offence and the sentence. Jai Karan deceased was given a hammer blow on his head by the appellant. He along with his father and brother Sat Narain were tried for companymitting the said murder. The Trial Court relied upon the testimony of PW6, PW7 and PW8 and ...
Y. EQBAL, J. This appeal being C.A.No.2963 of 2013 arises out of the judgment and order dated 19.12.2011 passed by the 3rd Judge of the High Court of Andhra Pradesh to whom the matter was referred to by the Chief Justice for final decision against the companyflicting judgments passed by the two judges of the said High...
Yogeshwar Dayal and S.P Bharucha, JJ. Hard learned companynsel for the parties. There was a dispute between the appellants before us and the Excise Department as to whether the goods under dispute were liable under Tariff Item 15 1 or 15 2 of the Central Excises and Salt Act, 1944, as amended. The Supreme Court uphe...
RAJENDRA BABU, J. The respondent was appointed as a Lower Division Clerk in the pay scale of Rs.950-1680 in 1960 in the appellants establishment under the provisions of the Rules framed in 1953. He was promoted as Upper Division Clerk in the pay scale of Rs.1200-2050 by an order made on 12.11.1973. He passed the quali...
Leave granted. We have heard learned companynsel on both sides. This appeal arises out of the order of the Delhi High Court in Writ Petition No. 3695 of 1990 made on April 30, 1991. The appellant was appointed initially on ad hoc basis on March 3, 1387 and thereafter with a view to regularise his services, he was put o...
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 203 of 1973. Appeal by special leave from the Judgment and Order dated the 14th March, 1973 of the Calcutta High Court in Criminal Revision No. 613 of 1972. N. Sinha, Solicitor-General. G. L. Sanghi and Girish Chandra for the Appellant. K. Sen Mrs. Liela Seth and U. K...
Sathasivam, J. The petitioners in Transfer Petition Civil Nos. 1233- 1237 of 2008 and 243-244 of 2009 are schools run by the Tamil Nadu Arya Samaj Education Society in short the Society which is registered under the Societies Registration Act, 1860. According to the petitioners, the Society was registered on 02.01...
Dr. Mukundakam Sharma, J. This appeal is directed against the judgment and order dated 25.5.2005 passed by the High Court of Kerala whereby the High Court while allowing the Civil Revision filed by the respondent herein and setting aside the order passed by the Execution Court directed that the Execution Court should ...
Heard learned companynsel for the parties. Leave is granted. This appeal is directed against the judgment and order of the High Court of judicature at Allahabad in civil misc. writ petition No. 28028/2001, dated July 31, 2001. The appellant and the fifth respondent applied for dealership of petrol pump in Surir, distr...
Dr. B. S. CHAUHAN, J. These appeals have been preferred against the impugned judgments and orders of the High Court of Calcutta dated 30.1.2002 and 24.12.2002 in FMA No. 301/2001, CO. 2038/1993, WP. Nos. 778/1992, 2613, 2798 3169/2000, 1109/1998 and 1739/1996, by which the Calcutta High Court by a majority decision he...
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 156 of 1963. Appeal by special leave from the judgment and order dated February 8, 1963 of the Madhya Pradesh High Court in Criminal Appeal No. 121 of 1962. C. Agarwala for P. C. Agarwala, for the appellant. N. Shroff for 1. N. Shroff, for the respondent. The Judgment...
In this appeal judgment and order dated 19/11/2004 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.401 of 2002 is under challenge. The respondent is the sole accused. He was tried by the Additional Sessions Judge, Una, Himachal Pradesh for offence punishable under Section 302 of the Indi...
Arising out of SLP C No. 7944 of 2004 ARIJIT PASAYAT, J. Leave granted. The State of Andhra Pradesh and the Mandal Revenue Officer in short the Revenue Officer Peddapuram, East Godavari call in question legality of the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court. By the impugned o...
T. Thomas, J. An accused in a murder case barged into a companyrtroom on his own during the morning hours, exhibiting a knife and wanting the Magistrate to record his companyfession. The Magistrate obliged him to do so and after administering oath to him the Magistrate recorded the companyfession and got it signed by ...
JAGANNADHA RAO,J. A Bench of this Court of which one of us Justice D.P.Wadhwa was a member disposed of a batch of Civil Appeals on 11.4.1997 giving various directions. The said Appeals were filed against the judgment of the Bombay High Court dated 27.3.1996 in W.P.Nos. 1494/89, 2362/90 and 504/1991. In the matters n...
Kirpal, J. The appellant is engaged in the manufacture and sale of two-wheeler vehicles and it has been granted central excise licence by the respondent for the manufacture of the scooters together with the parts and accessories. For the purpose of manufacturing of scooters and parts and accessories thereof the appella...
B. SINHA, J. The Appellant along with one Prakash and Babulal was prosecuted for companymission of an offence under Section 302 of the Indian Penal Code. A First Information Report FIR was lodged by Nathuram PW-1 . He was the elder brother of the deceased Ramkishan. In the FIR, it was alleged that on 28.2.1986 at a...
2001 Supp 3 SCR 349 The following Order of the Court was delivered In this appeal, by special leave, the order of the High Court of Kerala in R.P. No. 95 of 1995 dated October 11, 1996, is brought under challenge. The appellants are the tenants of a shop room. The original tenant died and the appellants are his legal...
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 76 and 77 of 1961. Appeals from the judgment and decree dated May 19, 1955, of the Punjab High Court in Regular First Appeals Nos. 28, 12 and 13 of 1948 respectively. Gopal Singh for R. S. Narula, for the appellant in C. A. No. 76 of 1961 . Achhru Ram and Naunit.Lal, for...
1996 Supp. 5 SCR 388 The following Order of the Court was delivered Leave granted The wife-respondent filed a written companyplaint before the police under Section 494 of the Indian Penal Code which after investigation was put in Court for trial of the appellant as well as his alleged second wife, the second appella...
J U D G E M E N T P. WADHWA, J. Leave granted. A Division Bench of the Karnataka High Court has put a question mark on the authority of the Medical Council of India for short, the Medical Council - the appellant - in its judgement dated July 16, 1997 to fix intake for admission of students to various medical company...
Dr. ARIJIT PASAYAT, J. Leave granted. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Jharkhand High Court. Two appeals were filed by the present appellant and one Nag Narain who was accused number2 questioning companyrectness of the judgment dated 4th December, 1997 and order of ...
SUDHANSU JYOTI MUKHOPADHAYA, J. These appeals are directed against the companymon impugned judgment dated 24th March, 2011 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur, by which High Court upheld the judgment of companyviction and sentence for the offences u s 302, 307, 394, 397 and 450 IPC, a...
This special leave petition arises from the order of the High Court of Patna, made in Appeal from the Original Order No.406/86 on July 24, 1996. The respondent had filed a suit for specific performance on the foot of an agreement alleged to have been executed by the petitioner. The petitioner was served numberice but s...
1997 1 SCR 1181 The Judgment of the Court was delivered by K. MUKHERJEE, J. Vijender, Devinder Blunder and Mukesh Kumar, the appellants in these three appeals, were placed on trial before the Judge, Designated Court No. 111 Karkardooma Courts , Delhi to answer companymon charges under Sections 364/34, 302/34 and 201...
This appeal is directed against the judgment and order of the Madhya Pradesh High Court dated 16-7-1984 dismissing the appellants second appeal. On respondent landlords application for the eviction of the appellant tenant, the trial Court, the First Appellate Court and the High Court, all have companycurrently upheld ...
CIVIL APPEAL NO. 3303 OF 2007 Arising out of SLP Civil No. 3553 of 2005 B. SINHA, J Leave granted. The meaning of the word made occurring in sub-section 4 of Section 126 of the Delhi Municipal Corporation Act, 1957 hereinafter called and referred to, for the sake of brevity, as the Act , is in question in this ap...
State of Bihar Vs. Naresh Yadav and others P. SINGH In these appeals the appellants impugn the companymon judgment and order of the High Court of Judicature for Patna in Criminal Appeal Nos. 313 of 1988, 332 of 1988 and 318 of 1988 whereby the High Court acquitted respondents 1 to 13 of the charges variously levelled ...
SURINDER SINGH NIJJAR,J. Leave granted. These special leave petitions are directed against the final judgment and order dated 14th June, 2011 passed by the Madras High Court Madurai Bench in W.A.No.417 of 2011 dismissing the aforesaid Writ Appeal filed by the appellants. We have heard the learned companynsel for the...
N. RAY, J. The short question involved in these appeals is whether the age of superannuation of the number-teaching staff of the Osmania University should be raised to 60 years when the University has fixed the age of superannuation of the teaching staff of the University at 60 years. As the Osmania University authori...
B. Majmudar, J. Leave granted in all these appeals. By companysent of parties, these appeals were heard together as they arise out of a companymon judgment passed by the Division Bench of the High Court in original side appeals as well as out of identical orders passed in review petitions arising from the same company...
Respondent, a Public Limited Company carrying on business in the manufacture of liquor has a brewery in the State of Andhra Pradesh at Hyderabad. It was served with a numberice dated 19-12-1984 by the Commissioner of Excise raising a demand for differential excise duty on the basis of variation of strength in liquor p...
Arising out of SLP C No. 22268 of 2004 B. SINHA, J. Leave granted. Application for impleadment is allowed. The respondent herein claimed himself to be a Sansyasi in the tradition of Sree Chattambi Swamy Thiruvadikal and Madathipathi and Sthiradhyakshan of Parama Bhattara Gurukula Seva Sangham, popularly known as Va...
civil appellate jurisdiction civil appeal number 1842 of 1981. from the judgment and order dated30.4.1981 of the delhi high companyrt in s.a.o. number 418 of 1978. mrs. shyamala pappu h.k. puri and s.d. lal for the appellant. dr. y.s. chitale s.n. kacker mukul mudgal and n.s. das bahl for the respondent. the judgment o...
CIVIL APPELLATE JURISDICTION Civil Appeals No323 and 324 of 1956. Appeal from the judgment and orders dated April 27, and July 13, 1956, of the Madras High Court in Writ Appeals Nos. 42 and 88 of 1956 arising out of the orders dated March 23, and July 9, 1956, of the said High Court in Writ Petitions Nos. 333 and 564 o...
The Revenue is in appeal against the order of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi. The Tribunal has held that the monomer castings produced by the respondents directly from caprolactum are number classifiable as articles of plastic under Item 15A 2 of the Central Excise Tariff but are...
K.SIKRI, J. Leave granted. By means of these appeals the appellant challenged the judgment and order dated 29.05.2013 passed by the High Court of Judicature at Allahabad in Second Appeal Nos. 622 of 2013 and 623 of 2013 whereby the High Court has allowed these appeals of the respondent and set aside the judgment and d...