SC 2012 Oct - Nov - Dec

Sl No.
Title
1
MANHARIBHAI MULJIBHAI KAKADIA & ANR. Vs. SHAILESHBHAI MOHANBHAI PATEL & ORS.

Coram: R.M. LODHA, CHANDRAMAULI KR. PRASAD, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 01/10/2012

Subject:

Head Note:
2
IQBAL ABDUL SAMIYA MALEK Vs. STATE OF GUJARAT

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 01/10/2012

Subject:

Head Note:
3
T.T.RAGHUNATHAN & ANR Vs. NEW BRIDGE HOLDINGS B.V.& ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 01/10/2012

Subject:

Head Note:
4
SIMRAT KAUR & ORS. Vs. STATE OF HARYANA & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 01/10/2012

Subject:

Head Note:
5
VINOD KAPOOR Vs. STATE OF GOA & ORS.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 03/10/2012

Subject:

Head Note:
6
GIRISH RAMCHANDRA DESHPANDE Vs. CEN.INFORMATION COMMR.& ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/10/2012

Subject:

Head Note:
7
ENVIRONMENTAL & CONSUMER PROTECT. FOUND. Vs. DELHI ADMINISTRATION & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/10/2012

Subject:

Head Note:
8
M.R.PRABHAKAR & ORS. Vs. CANARA BANK & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/10/2012

Subject:

Head Note:
9
MUNISH MUBAR Vs. STATE OF HARYANA

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 04/10/2012

Subject:

Head Note:
10
PRAVEEN PRADHAN Vs. STATE OF UTTRANCHAL & ANR

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 04/10/2012

Subject:

Head Note:
11
V.K.SREEDHARAN & ORS. Vs. STATE OF KERALA & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 04/10/2012

Subject:

Head Note:
12
EXECUTIVE ENGINEER L V P DIVISION WARDHA Vs. MAROTI BAPURAO AUCHAT & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 04/10/2012

Subject:

Head Note:
13
WINSTON TAN & ANR. Vs. UNION OF INDIA & ANR.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 04/10/2012

Subject:

Head Note:
14
UNION OF INDIA Vs. SANDUR MANGANESE & IRON ORES LTD. & ORS.

Coram: P. SATHASIVAM, H.L. DATTU

Date of Judgement: 04/10/2012

Subject:

Head Note:
15
SITA RAM Vs. STATE OF MADHYA PRADESH

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 04/10/2012

Subject:

Head Note:
16
PAPPU @ RAM NARAYAN Vs. STATE OF U.P.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 04/10/2012

Subject:

Head Note:
17
BOARD OF TRUST.OF MART.MEMO.TRUST & ANR. Vs. UNION OF INDIA & ORS.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 04/10/2012

Subject:Constitution of India, 1950: Art. 226 - Writ petition - Disposal of, without adjudication on the issues involved - Held: A slipshod consideration or cryptic order or decision without due reflection on the issues raised in a matter may render suc

Head Note:Allowing the appeal, the Court HELD: 1.1 A slipshod consideration or cryptic order or decision without due reflection on the issues raised in a matter may render such decision unsustainable. Hasty adjudication must be avoided. Each and ev
18
PARAS NATH RAI & ORS. Vs. STATE OF BIHAR & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 05/10/2012

Subject:

Head Note:
19
YOUNUS BIN OMER YAFAI @ YOUNUS BHAI& ORS Vs. STATE OF A.P.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 05/10/2012

Subject:

Head Note:
20
SUBHASHREE DAS @ MILLI Vs. STATE OF ORISSA AND ORS

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 05/10/2012

Subject:

Head Note:
21
GLAXOSMITHKLINE PHARMACEUTICALS LD.& ANR Vs. UNION OF INDIA & ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 05/10/2012

Subject:

Head Note:
22
SHAHEJADKHAN MAHEBUBKHAN PATHAN Vs. STATE OF GUJARAT

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 05/10/2012

Subject:

Head Note:
23
GAYTRI BAJAJ Vs. JITEN BHALLA

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 05/10/2012

Subject:

Head Note:
24
BALIYA @ BAL KISHAN Vs. STATE OF M.P.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 05/10/2012

Subject:

Head Note:
25
SHANTI DEVI W/O SHANKER LAL Vs. STATE OF RAJASTHAN

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 05/10/2012

Subject:PENAL CODE, 1860: ss.302 and 201 - Appellant causing murder, and with the help of three others, burying the dead body in a place adjacent to her house - Principles as to circumstantial evidence, culled out - Held: In the instant case, the circu

Head Note:Dismissing the appeal, the Court HELD: 1.1 Since, it is a case of circumstantial evidence, the principles laid down in various decisions of this Court can be set out as under: (i) The circumstances from which an inference of guilt is sough
26
BHARAT HEAVY ELECTRICALS LTD. Vs. R.S.AVTAR SINGH & CO.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 05/10/2012

Subject:

Head Note:
27
MOHD.SAHABUDDIN & ANR Vs. STATE OF ASSAM

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 05/10/2012

Subject:

Head Note:
28
SUDHAKAR Vs. STATE OF MAHARASHTRA

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 05/10/2012

Subject:

Head Note:
29
DIPAK KUMAR MUKHERJEE Vs. KOLKATA MUN.CORP.& ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 08/10/2012

Subject:

Head Note:
30
RAJ PAUL SINGH & ANR. Vs. STATE THR.P.S.MUSHEERABAD, HYDERABAD

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 09/10/2012

Subject:

Head Note:
31
TAMIL NADU WAKF BOARD Vs. SYED ABDUL QUADER & ORS.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 09/10/2012

Subject:

Head Note:
32
ABUZAR HOSSAIN @ GULAM HOSSAIN Vs. STATE OF WEST BENGAL

Coram: R.M. LODHA, T.S. THAKUR, ANIL R. DAVE

Date of Judgement: 10/10/2012

Subject:JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000: s.7-A read with r.12 of 2007 Rules - Claim of juvenility - Held: Can be raised at any stage, even after final disposal of the case - Delay in raising the claim cannot be a ground for

Head Note:Answering the reference, the Court HELD: (Per R.M. Lodha, J. (for himself and for Anil R. Dave, J) 1.1 Parliament felt it necessary that uniform juvenile justice system should be available throughout the country which should make adequate pro
33
AVTAR SINGH Vs. STATE OF HARYANA

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 10/10/2012

Subject:

Head Note:
34
HINDUSTAN COPPER LTD. Vs. MONARCH GOLD MINING CO. LTD.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 11/10/2012

Subject:ARBITRATION AND CONCILIATION ACT, 1996: s.11(6) - Application for appointment of arbitrator - Designate Judge holding that the request for appointment of arbitrator was proper, and then referring the matter to the Delegate of Chief Justice for a

Head Note:Allowing the appeals in part, the Court HELD: 1.1 The majority in SBP & Co.* held that looking at the scheme of the Arbitration and Conciliation Act, 1996 as a whole and the object with which it was enacted, it seemed proper to view the con
35
DAHARI & ORS. Vs. STATE OF U.P.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 11/10/2012

Subject:

Head Note:
36
GULZAR AHMED AZMI & ANR Vs. UNION OF INDIA & ORS.

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 11/10/2012

Subject:

Head Note:
37
BABY DEVASSY CHULLY @ BOBBY Vs. UNION OF INDIA AND ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 12/10/2012

Subject:

Head Note:
38
STATE OF U.P. Vs. MUNESH

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 12/10/2012

Subject:

Head Note:
39
REV.MOTHER MARYKUTTY Vs. RENI C KOTTARAM & ANR.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 12/10/2012

Subject:

Head Note:
40
PRATAPBHAI HAMIRBHAI SOLANKI Vs. STATE OF GUJARAT & ANR.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 12/10/2012

Subject:

Head Note:
41
MURUGESAN & 16 ORS. Vs. STATE TR.INSP.OF POLICE

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 12/10/2012

Subject:

Head Note:
42
ESTATE OFFICER, U.T. CHANDIGARH & ORS. Vs. RAJAN SOI & ORS.

Coram: H.L. DATTU

Date of Judgement: 12/10/2012

Subject:

Head Note:
43
UNION OF INDIA Vs. A.P. BHARDWAJ

Coram: H.L. DATTU

Date of Judgement: 12/10/2012

Subject:

Head Note:
44
PUBLIC UNION FOR CIVIL LIBERTIES Vs. STATE OF TAMIL NADU AND ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 15/10/2012

Subject:BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976: ss. 10, 11 and 12 - Bonded labour - Abolition of - Rehabilitation of freed bonded labourers - Directions issued to States/Union Territories to conduct periodical surveys in accordance with provisions o

Head Note:Disposing of the petitions, the Court HELD: 1.1 It is unnecessary to dilate the matter further. Suffice it to say that on 30.6.2011, in all 2780 cases involving about 1 lakh bonded labourers have been registered in the Commission and as on d
45
UCO BANK & ORS. Vs. SUSHIL KUMAR SAHA

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 15/10/2012

Subject:SERVICE LAW: Disciplinary proceedings - Disciplinary authority - Bank Officer, transferred to Head Office stated to have committed various irregularities during his earlier posting - Disciplinary authority of the erstwhile place of posting nomi

Head Note:Allowing the appeal, the Court HELD: 1.1 In the instant case, the AGM is justified in initiating disciplinary proceedings which is in accordance with the decision dated 3.8.2004 as well as the circular dated 11.8.2004. The Note dated 3.8.20
46
STATE OF MAHARASHTRA TR.C.B.I. Vs. BALAKRISHNA DATTATRYA KUMBHAR

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 15/10/2012

Subject:Code of Criminal Procedure, 1973 - s. 389(1) - Suspension of conviction - Conviction of public servant u/s. 13(2) r/w s. 13(1)(e) of Prevention of Corruption Act - Pursuant thereto show-cause notice from employer for removal from service - Applica

Head Note:Allowing the appeal, the Court HELD: 1. The appellate court in an exceptional case, may put the conviction in abeyance along with the sentence, but such power must be exercised with great circumspection and caution, for the purpose of which, t
47
MOHD.ISMAIL & ANR Vs. MAH.STATE INDUSL.CORP.& ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 15/10/2012

Subject:

Head Note:
48
KANWAR SINGH MEENA Vs. STATE OF RAJASTHAN & ANR

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 16/10/2012

Subject:

Head Note:
49
STATE OF GUJARAT & ANR. Vs. GUJARAT REV.TRBL. BAR ASSOCN & ANR.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 16/10/2012

Subject:

Head Note:
50
SELVAM Vs. STATE OF T.NADU TR.INSP.OF POLICE

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 16/10/2012

Subject:PENAL CODE, 1860: ss. 304 (Part-I) read with s.34 - Injuries on the head of victim by blunt side of `aruval' and stick - Death of victim in hospital after 9 days - Held: The fact that the blunt side of the `aruval' and a stick were used in the

Head Note:Allowing the appeal in part, the Court HELD: 1. The difference in the version in the FIR and the version in the evidence of PW-1 and PW-2 is not very material so as to create a reasonable doubt with regard to the participation of A-1, A-6 and
51
USHA MEHATA Vs. GOVERNMENT OF A.P. & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 16/10/2012

Subject:

Head Note:
52
THERVOY GRAMAM MUNNETRA NALA SANGAM Vs. UNION OF INDIA & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 16/10/2012

Subject:

Head Note:
53
HITACHI HOME & LIFE SOLUTIONS LTD. Vs. COMMR.OF CUSTOMS(IMPORT) NHAVA SHEVA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 16/10/2012

Subject:

Head Note:
54
COMMNR. OF CENTRAL EXCISE, MUMBAI Vs. M/S. FIAT INDIA (P) LTD. & ANR.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 16/10/2012

Subject:

Head Note:
55
GEETA MEHROTRA & ANR. Vs. STATE OF U.P. & ANR.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 17/10/2012

Subject:Penal Code, 1860 - ss. 498A/323/504/506 - Dowry Prohibition Act, 1961 - ss.3/4 - Matrimonial dispute - Quashing of criminal proceedings - Duty of the Court - Complaint by wife against husband and in-laws - Prayer for quashing of criminal proceedin

Head Note:Allowing the appeal, the Court HELD:1.1. It is apparent that the High Court has not applied its mind on the question as to whether the case was fit to be quashed against the appellants and has merely disposed of the petition granting liberty
56
KHANDAKAR KAMARUZZAMAN @ KAMAL Vs. STATE OF WEST BENGAL

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 17/10/2012

Subject:

Head Note:
57
UOI AND ORS Vs. OM PRAKASH YADAV

Coram: H.L. DATTU, SWATANTER KUMAR

Date of Judgement: 17/10/2012

Subject:

Head Note:
58
DILIP KUMAR VERMA Vs. STATE OF U.P.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 17/10/2012

Subject:

Head Note:
59
DEVINDER @ KALA RAM & ORS. Vs. STATE OF HARYANA

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 18/10/2012

Subject:PENAL CODE, 1860: s.498-A - Married woman - Subjected to cruelty by her husband and his relatives by demanding dowry - Death of the victim by burn injuries in the matrimonial house - Held: Evidence of prosecution witnesses fully supports the pr

Head Note:Allowing the appeal in part, the Court HELD: 1. The evidence of PW-2, PW-3, PW-4 and PW-5 fully supports the finding of the High Court that the victm, from a few days after marriage till her death, was subjected to harassment by all the thre
60
SABEEHA FAIKAGE AND ORS. Vs. UNION OF INDIA & ORS.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 18/10/2012

Subject:

Head Note:
61
KISHORE SAMRITE Vs. STATE OF U.P. & ORS.

Coram: B.S. CHAUHAN, SWATANTER KUMAR

Date of Judgement: 18/10/2012

Subject:CONSTITUTION OF INDIA, 1950: Art.226 - Petitions for a writ of habeas corpus - Allegation that a political leader had illegally detained a girl and her parents - Held: From the specific averments made in both the writ petitions filed in 2011, it

Head Note:Disposing of the appeal, the Court HELD: 1. Whether transfer of Writ Petition No. 111/2011 was in accordance with law, and whether there was violation of Principles of Natural Justice? 1.1 In terms of proviso to Rule 1 of Chapter XXI of t
62
SATBIR @ LAKHA Vs. STATE OF HARYANA

Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 18/10/2012

Subject:

Head Note:
63
ASHOK Vs. RAJENDRA BHAUSAHEB MULAK

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 18/10/2012

Subject:

Head Note:
64
RATNAGIRI GAS & POWER PVT.LTD. Vs. RDS PROJECTS LTD.& ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 18/10/2012

Subject:CONSTITUTION OF INDIA, 1950: Art.226 - Second writ petition - Maintainability - Breakwater contract - Successful bidder (respondent) subsequently found ineligible as it did not meet the basic qualifying conditions of offshore breakwater - Fresh

Head Note:Allowing the appeals, the Court HELD: Question No.1: 1.1 The order dismissing W.P. 8252 of 2010 as withdrawn has two distinct features: (a) The writ petition specially questioned the validity of the Board resolution dated 4.10.2010 and th
65
SHREE SHYAM AGENCY Vs. UNION OF INDIA & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 18/10/2012

Subject:RAILWAY CLAIMS TRIBUNAL ACT, 1987: ss. 13(1) and 16 - Claim petition - Impleadment of parties - Consignment booked under "Self" basis - Delivered to a third party without authority - Claim petition by consigner against Railways claiming value of

Head Note:Dismissing the appeal, the Court HELD: 1.1 It is evident from the preamble that the Claims Tribunal has been established under the Tribunal Act, 1987 for inquiring into and determining the claims against the Railway Administration for loss, d
66
SATISH BATRA Vs. SUDHIR RAWAL

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 18/10/2012

Subject:

Head Note:
67
DHYAMAVVA & ORS. Vs. STATE OF KARNATAKA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 18/10/2012

Subject:

Head Note:
68
MEDHA KOTWAL LELE & ORS. Vs. U.O.I. & ORS.

Coram: R.M. LODHA, ANIL R. DAVE, RANJAN GOGOI

Date of Judgement: 19/10/2012

Subject:SEXUAL HARASSMENT: Sexual harassment of women at work places - `Vishaka' guidelines - Implementation of - Further directions given by Court to make amendments in service Rules and Industrial Employment (Standing Orders) Rules and to form adequa

Head Note:Disposing of the matters, the Court HELD: 1.1 From the affidavits filed by the State Governments, it transpires that some States have amended the Rules relating to duties, public rights and obligations of the government employees but have not
69
SAYED MOHD. AHMED KAZMI Vs. STATE, GNCTD & ORS.

Coram:

Date of Judgement: 19/10/2012

Subject:Code of Criminal Procedure, 1973 - 167 (2) - Prosecution of accused u/ss. 302, 427 and 120B IPC and ss. 16 and 18 of Unlawful Activities (Prevention) Act - Accused sent to judicial custody by Magistrate - After completion of judicial custody for 9

Head Note:Appeal against the orders of High Court - Held: The order of the Magistrate extending time of investigation and custody of the accused for 90 days with retrospective effect and the orders of High Court are set aside - The accused acquired the righ
70
KHODAY DISTILLERIES LTD.& ORS. Vs. MAHADESHWARA S.S.K.LTD.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 19/10/2012

Subject:

Head Note:
71
NAZMA Vs. JAVED @ ANJUM

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 19/10/2012

Subject:

Head Note:
72
RAJESH AWASTHI Vs. NAND LAL JAISWAL & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 19/10/2012

Subject:ELECTRICITY ACT, 2003: s.85(5) - Selection of Chairperson of State Electricity Regulatory Commission - Selection Committee recommending to State Government two names asking the Government to ensure compliance of sub-s. (5) of s. 85 - Held: Powe

Head Note:Dismissing the appeal, the Court HELD: (Per Radhaakrishnan, J) 1.1 The Electricity Act, 2003 is an Act enacted to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for tak
73
K. SURESH Vs. NEW INDIA ASSURANCE CO.LTD & ANR.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 19/10/2012

Subject:

Head Note:
74
SUMIT TOMAR Vs. STATE OF PUNJAB

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 19/10/2012

Subject:

Head Note:
75
SAJEESH BABU K. Vs. N.K.SANTHOSH & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 19/10/2012

Subject:Constitution of India, 1950 - Article 226 - Writ Petition - Challenging selection for LPG distributorship and the genuineness of the experience certificates produced by the selected candidate - Selection done by qualified persons - Genuineness of

Head Note:Allowing the appeal, the Court HELD: 1. In a matter of appointment/selection by an Expert Committee/Board consisting of qualified persons in the particular field, normally, the Courts should be slow to interfere with the opinions expressed by th
76
STATE OF MAHARASHTRA Vs. VISHWANATH MARANNA SHETTY

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 19/10/2012

Subject:MAHARASHTRA CONTROL OF ORGANIZED CRIME ACT, 1999: ss. 21(4) and 10 of MCOCA read with s.439 CrPC - Bail - Prosecution of respondent along with other accused persons for offences punishable u/s 3 of MCOCA and ss. 302, 452 read with s.34 and s.120

Head Note:Allowing the appeal, the Court HELD: 1.1 It is relevant to note that MCOCA was enacted to make special provisions for prevention and control of and for coping with, criminal activity by organized crime syndicate or gang, and for matters conne
77
PRADEEP KUMAR SHARMA Vs. U.P.F.C. RAJPUR ROAD DEHRADUN & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 19/10/2012

Subject:STATE FINANCIAL CORPORATION ACT, 1951: s.29 - Default in repayment of loan -Property mortgaged by borrower, sold by State Financial Corporation - Held: By virtue of sub-s. (2) of s. 29 of the Act such transfer of property by the Corporation wil

Head Note:Allowing the appeals, the Court HELD: 1.1 Under the provisions of s. 29 of the State Financial Corporation Act, 1951, the default in re-payment of any loan by an industrial undertaking vests in the Financial Corporation the right to take over
78
YOUNG MEN CHRISTIAN ASSOCIATION Vs. HOLY MOTHER OF AUROBINDO ASHRAM & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 19/10/2012

Subject:

Head Note:
79
NATIONAL INSURANCE CO.LTD. Vs. MANJU MAJUMDER & ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 19/10/2012

Subject:

Head Note:
80
C.C.E.& C.,VADODARA Vs. M/S.GUJARAT NARMADA VALLEY FERT.CO.LTD.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 19/10/2012

Subject:

Head Note:
81
UNION OF INDIA & ORS. Vs. DINESH PRASAD

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 30/10/2012

Subject:

Head Note:
82
RAMACHANDRAN Vs. STATE OF KERALA

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 30/10/2012

Subject:PENAL CODE, 1860: s.302 - Murder - Circumstantial evidence - Accused causing murder of his wife by forcibly administering poison to her and smothering - Conviction and sentence of life imprisonment awarded by trial court affirmed by High Court

Head Note:Dismissing the appeal, the Court HELD: 1.1 This Court upholds the view taken by the trial court and affirmed by the High Court that the case was one of murder and not of suicide. [para 1] 1.2 There is ample evidence on record not only from
83
M/S THAKKER SHIPPING P.LTD. Vs. COMMR.OF CUSTOMS(GENERAL)

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 30/10/2012

Subject:

Head Note:
84
SUJIT KUMAR LENKA & ORS. Vs. STATE OF ORISSA & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 30/10/2012

Subject:

Head Note:
85
PURUSHOTTAM DAS BANGUR & ORS. Vs. DAYANAND GUPTA

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 31/10/2012

Subject:West Bengal Premises Tenancy Act, 1956 - s. 13(1)(b) - Suit for eviction - On the ground of construction of permanent structure without the permission of the land-lord - Decreed by trial court - High Court set-aside the decree - On appeal, held: T

Head Note:Allowing the appeal, the Court HELD: 1. No hard and fast rule can be prescribed for determining what is permanent or what is not. The use of the word `permanent' in Section 108 (p) of the Transfer of Property Act, 1882 is meant to distinguish t

November 2012

Sl No.
Title
1
NATIONAL COUNCIL FOR TEACHER EDN. & ANR. Vs. VENUS PUBLIC EDUCATION SOCIETY & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 01/11/2012

Subject:

Head Note:
2
SUBULAXMI Vs. M.D. T.NADU STATE TRANSP.CORP.& ANR

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 01/11/2012

Subject:Motor Vehicles Act, 1988 - s. 166 - Motor accident - Amputation of left leg and right foot of victim - Claim for compensation - Claimant aged 30 years and earning Rs. 18,000 per annum - Tribunal granting Rs. 2,00,000/- as compensation with 9% inte

Head Note:Partly allowing the appeal, the Court HELD: 1. The High Court was not justified in awarding compensation on a singular head relating to permanent disability and loss of future earning. Compensation can be granted towards permanent disability as
3
GURCHARAN SINGH Vs. SURJIT SINGH & ANR.

Coram: A.K. PATNAIK

Date of Judgement: 02/11/2012

Subject:

Head Note:
4
SATHYA NARAYANAN Vs. STATE TR.INSP.OF POLICE

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 02/11/2012

Subject:

Head Note:
5
GWALIOR SUGAR CO.LTD.& ANR. Vs. ANIL GUPTA & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 02/11/2012

Subject:MADHYA PRADESH LAND REVENUE CODE, 1959: s. 165(1) - Transfer of land by `Bhumiswami' - Company owning a sugar factory was granted pattas of subject land in the year 1941-42 - Transfer of a part of the subject land challenged in a writ petition u

Head Note:Allowing the appeal, the Court HELD: 1.1 The rights of a `bhumiswami' are clearly enumerated by s.165 of the MP Land Revenue Code which encompasses a right to transfer. The bar imposed on the right to transfer does not apply to non-agricultu
6
THE STATE OF MAHARASHTRA AND ETC. ETC. Vs. SAEED SOHAIL SHEIKH ETC. ETC.

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 02/11/2012

Subject:

Head Note:
7
TUKARAM KANA JOSHI & ORS. THR.POA HOLDER Vs. M.I.D.C. & ORS.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 02/11/2012

Subject:

Head Note:
8
PANNALAL RADHAKRISHNA PODDAR Vs. DINKAR RAI & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 05/11/2012

Subject:

Head Note:
9
MRUNALINIDEVI PUAR Vs. M/S. GAEKWAD INVESTMENTS CORP.PVT.LTD&AN

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 05/11/2012

Subject:

Head Note:
10
VIPUL SHITAL PRASAD AGARWAL Vs. STATE OF GUJARAT & ANR.

Coram:

Date of Judgement: 06/11/2012

Subject:CODE OF CRIMINAL PROCEDURE, 1973: ss. 439, 167(2), 173(2) and (8) - FIR -Charge-sheet submitted - Direction by Court for further investigation by CBI - CBI registering another FIR - Application for bail on default ground - Held: Since the prayer

Head Note:Dismissing the petition, the Court HELD: Per Altamas Kabir, CJI (for himself and for Surinder Singh Nijjar, J) 1.1 One of the most significant features of this case is that the prayer for default bail was made on behalf of the petitioner in F
11
TARA CHAND & ORS. Vs. GRAM PANCHAYAT JHUPA KHURD & ORS.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 06/11/2012

Subject:

Head Note:
12
ROHITASH KUMAR & ORS. Vs. OM PRAKASH SHARMA & ORS.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 06/11/2012

Subject:

Head Note:
13
PAWAN GUPTA & ORS. Vs. STATE OF DELHI & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 06/11/2012

Subject:

Head Note:
14
AYAAUBKHAN NOORKHAN PATHAN Vs. STATE OF MAHARASHTRA & ORS.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 08/11/2012

Subject:MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: Caste certificate - Appellant given employment

Head Note:Disposing of the appeal, the Court HELD: `Person aggrieved:' 1.1 A writ petition under Art. 226 of the Constitution is maintainable either for the purpose of enforcing a statutory or legal right, or when there is a complaint by the petit
15
VOLTAS LTD. Vs. TESHILDAR & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 08/11/2012

Subject:

Head Note:
16
AJMER ZILLA DUGDH UTPADAK SAHAKARI&ANR. Vs. AJMER ZILLA DAIRY EMPLOYEES UNION &ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 08/11/2012

Subject:

Head Note:
17
C.K. JAFFER SHARIEF Vs. STATE (THR C.B.I.)

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 09/11/2012

Subject:PREVENTION OF CORRUPTION ACT, 1988: ss. 13 (1) (d) and 13 (2) - Criminal proceedings against appellant on the allegation that while he was holding the office of Minister, he compelled approval of journey of four persons to London in connecti

Head Note:Allowing the appeal, the Court HELD: 1.1 It cannot be said that the only issue raised by the appellant before the High Court was with regard to the absence of sanction for the impugned prosecution. Before the High Court two reliefs had bee
18
JASARVINDER SINGH & ORS. Vs. PRESIDENT LAND ACQUISITION & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 09/11/2012

Subject:

Head Note:
19
SPL.OFFICER COM.NORTH EAS.ELC.CO.& ANR. Vs. M/S RAGHUNATH PAPER MILLS P.LTD.& ANR.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 09/11/2012

Subject:

Head Note:
20
SHEORAJ SINGH AHLAWAT & ORS. Vs. STATE OF U.P.& ANR

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 09/11/2012

Subject:

Head Note:
21
SATBIR SINGH Vs. CHIEF OF THE ARMY STAFF,NEW DELHI&ANR.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 09/11/2012

Subject:SERVICE LAW: Terminal benefits - Army - Havildar discharged/terminated from service prior to date of his superannuation on the ground that he had earned 4 "Red Ink Entries" - High Court directing reinstatement of incumbent, with no benefit of s

Head Note:Allowing the appeals in part, the Court HELD: 1.1 It is not in dispute that the High Court in categorical terms held the discharge/termination of the appellant from service on the basis of the show cause notice as unsustainable, and set it as
22
SHANTIBHAI J VAGHELA & ANR Vs. STATE OF GUJARAT & ANR.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 09/11/2012

Subject:PENAL CODE, 1860: ss.397 and 302 - Accused while committing robbery, causing injuries on head of a lady of 90 years, which resulted in her death - Held: In view of the facts that the accused dragged down a frail old lady of 90 years from her co

Head Note:Partly allowing the appeal, the Court HELD: Not holding a TIP: 1.1 The sum and substance of the various decisions is that the failure to hold a TIP is not fatal to the case of the prosecution, but the trial judge will need to be circumspec
23
M/S. NAGARJUNA CONSTN. CO.LTD. Vs. GOVERNMENT OF INDIA & ANR.

Coram: D.K. JAIN, ANIL R. DAVE

Date of Judgement: 09/11/2012

Subject:

Head Note:
24
SANGEET & ANR. Vs. STATE OF HARYANA

Coram: K.S. RADHAKRISHNAN, MADAN B. LOKUR

Date of Judgement: 20/11/2012

Subject:

Head Note:
25
NATIONAL INS.CO.LTD. Vs. BALAKRISHNAN & ANR.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 20/11/2012

Subject:

Head Note:
26
ORIENTAL INSURANCE CO. LTD. Vs. SURENDRA NATH LOOMBA AND ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 20/11/2012

Subject:MOTOR VEHICLES ACT, 1988: s.166 - Motor accident - Claimant traveling in offending vehicle lost both of his eyes - Compensation - Liability of insurer - Held: Whether the insurer would be liable or not would depend upon the nature of the policy

Head Note:Partly allowing the appeals of the insurance company and dismissing those of the claimant, the Court HELD: 1.1 In the case at hand, the policy has not been brought on record. The stand of the insurer that it is an "Act Policy" has been disput
27
R.K.ANAND Vs. REGISTRAR,DELHI HIGH COURT

Coram: G.S. SINGHVI, AFTAB ALAM, CHANDRAMAULI KR. PRASAD

Date of Judgement: 21/11/2012

Subject:

Head Note:
28
MATHAI SAMUEL & ORS. Vs. EAPEN EAPEN (DEAD) BY LRS. & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 21/11/2012

Subject:

Head Note:
29
SHAILENDRA BHARDWAJ & ORS. Vs. CHANDRA PAL & ANR.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 21/11/2012

Subject:COURT FEES ACT, 1870: s.7(iv-A) and Articles 17(iii) as amended by U.P. Act, 19 of 1938 - Suit for declaration of a will and a sale deed as null and void and for cancellation thereof - Court fee payable - Held: The suit having been filed after

Head Note:Dismissing the appeal, the Court HELD: 1.1 Article 17(iii) of Schedule II of the Court Fees Act, 1870 is applicable in cases where the plaintiff seeks to obtain a declaratory decree without any consequential relief and there is no other pro
30
KUNJUMON @ UNNI Vs. STATE OF KERALA

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 21/11/2012

Subject:

Head Note:
31
J.JAYALALITHA Vs. C.KUPPUSAMY & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 21/11/2012

Subject:

Head Note:
32
ANU KUMAR Vs. NEW INDIA ASSURANCE CO.LTD.& ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 21/11/2012

Subject:

Head Note:
33
GURMAIL SINGH Vs. STATE OF PUNJAB & ANR.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 21/11/2012

Subject:

Head Note:
34
SURINDER KUMAR Vs. STATE OF PUNJAB

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 21/11/2012

Subject:Evidence Act, 1872 - s.32 - Dying declaration - Appreciation and admissibility of - Discussed. Penal Code, 1860 - ss.304B and 498A - Death of married woman due to burn injuries - Victim gave declaration/statement squarely blaming her husband -

Head Note:Dismissing the appeal, the Court HELD:1. There are a large number of decisions where persons with 90% burns have given a dying declaration and that has been accepted. [Para 2] Amit Kumar v. State of Punjab (2010) 12 SCC 285: 2010 (9) SCR 1088;
35
RAM SINGH Vs. STATE OF RAJASTHAN

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
36
VADLAKONDA LENIN Vs. STATE OF ANDHRA PRADESH

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
37
BHARAT SONI ETC. Vs. STATE OF CHHATISGARH

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
38
SATISH MEHRA Vs. STATE OF N.C.T. OF DELHI AND ANR

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
39
M/S. SHREE OM ENTERPRISES PVT LTD. Vs. BSES RAJDHANI POWER LTD.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
40
SURESH & ORS. Vs. STATE OF MADHYA PRADESH

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
41
BUSI KOTESWARA RAO & ORS. Vs. STATE OF A.P.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
42
DEBENDRANATH NANDA Vs. CHANDRA SHEKHAR KUMAR

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:CONTEMPT OF COURT: Contempt proceedings - Order of State Government to adjust the appellant an Acharya Pandit in a Government Aided Institution against existing vacancy of Head Pandit in Government Sanskrit Institution - Not implemented by Depa

Head Note:Allowing the appeal, the Court HELD: 1.1 The record shows that at the Government level the grievance of the appellant was properly taken care of and it is only at the Department level, the case of the appellant was dragged without giving him
43
RAKESH KAPOOR Vs. STATE OF H.P.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
44
VASANTI BHAT Vs. PREMLATA A AGARWAL & ANR ETC.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:INTERIM ORDERS: Interim orders in suits filed by purchasers against developer - Single Judge of High Court directing not to register any agreement in respect of the flat of appellant, which was not subject matter of the suit - Notion of Motion

Head Note:Disposing of the appeals, the Court HELD: 1.1 It is significant to note that the main suits are pending and any decision in respect of the issues raised by the parties would undoubtedly affect the ultimate stand of the parties and will have b
45
INDRA KUMAR PATODIA & ANR. Vs. RELIANCE INDS. LTD & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 22/11/2012

Subject:

Head Note:
46
BIHAR STATE GOVT.SEC.SCHOOL TECH.ASSN. Vs. BIHAR EDU.SER.ASSN.& ORS.

Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE

Date of Judgement: 23/11/2012

Subject:

Head Note:
47
CHAIRMAN LIC OF INDIA & ORS. Vs. A MASILAMANI

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 23/11/2012

Subject:

Head Note:
48
NASIRKHAN MAHEMOODKHAN PATHAN Vs. STATE OF GUJARAT

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 23/11/2012

Subject:

Head Note:
49
PADMAKAR TUKARAM BHAVNAGARE & ANR Vs. STATE OF MAHARASHTRA & ANR

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 26/11/2012

Subject:

Head Note:
50
VENKATESH R. Vs. DIVISIONAL MANAGER, KSRTC

Coram: CHANDRAMAULI KR. PRASAD, RANJAN GOGOI

Date of Judgement: 26/11/2012

Subject:

Head Note:
51
MOHAN LAL Vs. STATE OF HARYANA

Coram: CHANDRAMAULI KR. PRASAD, RANJAN GOGOI

Date of Judgement: 26/11/2012

Subject:

Head Note:
52
JASVIR KAUR Vs. STATE OF PUNJAB

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 26/11/2012

Subject:

Head Note:
53
MADALA VENKATA NARSIMHA RAO Vs. STATE OF A.P.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 27/11/2012

Subject:

Head Note:
54
RAJU @ BALACHANDRAN & ORS. Vs. STATE OF TAMIL NADU

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 27/11/2012

Subject:

Head Note:
55
GURPAL SINGH Vs. HIGH COURT OF JUDICATURE FOR RAJASTHAN

Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE

Date of Judgement: 27/11/2012

Subject:

Head Note:
56
COMMNR.OF CENTRAL EXCISE,NEW DELHI Vs. M/S.CONNAUGHT PLAZA REST.(P)LTD.N.D.

Coram: D.K. JAIN, JAGDISH SINGH KHEHAR

Date of Judgement: 27/11/2012

Subject:

Head Note:
57
UNION OF INDIA & ORS. Vs. N.R. PARMAR & ORS.

Coram: D.K. JAIN, JAGDISH SINGH KHEHAR

Date of Judgement: 27/11/2012

Subject:

Head Note:
58
M/S LAXMI DYECHEM Vs. STATE OF GUJARAT & ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 27/11/2012

Subject:

Head Note:
59
CIPLA LTD Vs. UNION OF INDIA & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 27/11/2012

Subject:

Head Note:
60
HEM RAJ & ORS. Vs. KARTAR SINGH (D) BY LRS. & ORS.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 29/11/2012

Subject:

Head Note:
61
HRIDYANAND SHUKLA & ANR. Vs. YADUPATI CHAUHAN & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 29/11/2012

Subject:

Head Note:
62
STATE OF HARYANA & ANR. Vs. KARTAR SINGH (D) BY LRS.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 29/11/2012

Subject:

Head Note:
63
DY.INSPECTOR GEN.OF POLICE & ANR. Vs. S.SAMUTHIRAM

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 30/11/2012

Subject:SERVICE LAW: Dismissal - Member of Armed Reserved - Prosecution of, for offences punishable u/s 4 of Tamil Nadu Prohibition of Eve-Teasing Act and s.509 IPC - In departmental inquiry allegations found proved and punishment of dismissal imposed

Head Note:Allowing the appeal, the Court HELD: 1.1 Mere acquittal of an employee by a criminal court has no impact on the disciplinary proceedings initiated by the Department. The charges in the departmental proceedings were inquired into by the Deputy
64
BHUPENDRA NATH HAZARIKA & ANR. Vs. STATE OF ASSAM & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 30/11/2012

Subject:

Head Note:
65
PRAMOD BHANUDAS SOUNDANKAR Vs. STATE OF MAHARASHTRA

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 30/11/2012

Subject:

Head Note:
66
CHIEF COMM., CEN. EX.&CUST., LUCK.&ORS. Vs. PRABHAT SINGH

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 30/11/2012

Subject:

Head Note:
67
ATMA RAM (D) TH. LRS. & ORS. Vs. UNION TERRITORY, CHANDIGARH

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 30/11/2012

Subject:

Head Note:
68
DNYANESHWAR HAIBHAU KULAL Vs. STATE OF MAHARASHTRA

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 30/11/2012

Subject:

Head Note:
DECEMBER 2012
Sl No.
Title


1
JODHBIR SINGH Vs. STATE OF PUNJAB

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/12/2012

Subject:

Head Note:
2
RAM KARAN GUPTA Vs. J.S. EXIM LTD & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/12/2012

Subject:

Head Note:
3
PRAVIN GADA & ANR. Vs. CENTRAL BANK OF INDIA & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/12/2012

Subject:

Head Note:
4
KRISHAN LAL Vs. STATE OF RAJASTHAN & ANR

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 03/12/2012

Subject:

Head Note:
5
N.V.SUBBA RAO Vs. STATE,INSP.OF POLICE,C.B.I./S.P.E.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 03/12/2012

Subject:

Head Note:
6
SATYA JAIN(D) & ORS. Vs. ANIS AHMED RUSHDIE(D) TR.LRS.& ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 03/12/2012

Subject:

Head Note:
7
S.B.I & ORS. Vs. PALAK MODI & ANR.ETC.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 03/12/2012

Subject:

Head Note:
8
S.B.I & ANR Vs. MINSHU SAXENA & ANR

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 03/12/2012

Subject:

Head Note:
9
SALAHA BEGAUM Vs. SPECIAL LAND ACQUISITION OFFICER

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 03/12/2012

Subject:

Head Note:
10
ANITHA KAMATH Vs. M/S.VISHWA KUTUMB & ANR.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 03/12/2012

Subject:

Head Note:
11
MILAN KRISHNA ROY & ANR Vs. STATE OF WEST BENGAL

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 03/12/2012

Subject:

Head Note:
12
NATIONAL BANK OF OMAN Vs. BARAKARA ABDUL AZIZ & ANR.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 03/12/2012

Subject:

Head Note:
13
GUDU RAM Vs. STATE OF H.P.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 04/12/2012

Subject:Penal Code, 1860 - s.304, second part - Assault with `thapi'- a wooden object shaped like a cricket bat used for beating clothes while washing - Death of one person due to head injuries and injury to another person (PW1) - Conviction of accused-ap

Head Note:Disposing of the appeal, the Court HELD:1.1. Despite the sole eyewitness PW1 turning hostile, it can and should be held on the facts of this case that though the appellant did commit a crime, it was not of murder but culpable homicide not amount
14
SURJIT SARKAR Vs. STATE OF WEST BENGAL

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 04/12/2012

Subject:

Head Note:
15
JAYESH DHANESH GORAGANDHI Vs. MUNINCIPAL CORP.OF GR.MUMBAI & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 04/12/2012

Subject:

Head Note:
16
KERALA FINANCIAL CORP. Vs. C.G.NARAYANAN

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 04/12/2012

Subject:

Head Note:
17
STATE OF GUJARAT & ANR. Vs. MANOHARSINHJI PRADYUMANSINHJI JADEJA

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 04/12/2012

Subject:

Head Note:
18
JEETU @ JITENDERA & ORS. Vs. STATE OF CHHATTISGARH

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 04/12/2012

Subject:

Head Note:
19
SASIKUMAR & ANR Vs. STATE OF KERALA

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 04/12/2012

Subject:(Kerala) Abkari Act - s.8(1) r/w s.8(2) - Illicit trade in arrack - Three accused -Seizure of two cans containing 40 litres of arrack from their possession - Trial court convicted all the accused and sentenced them to RI for 3 years and a fine of

Head Note:Partly allowing the appeal, the Court HELD:1. Both the trial court and the High Court have meticulously considered the evidences led by the prosecution and have rightly arrived at the conclusion in regard to the appellants' guilt. Insofar as the
20
PURNO AGITOK SANGMA Vs. PRANAB MUKHERJEE

Coram:

Date of Judgement: 05/12/2012

Subject:

Head Note:
21
JAWAHAR PUNEKAR & ORS. Vs. STATE OF MAHRASHTRA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 05/12/2012

Subject:

Head Note:
22
LAKHAN & ORS. Vs. STATE OF MADHYA PRADESH

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 05/12/2012

Subject:

Head Note:
23
UNION OF INDIA & ORS. Vs. GOBINDA PRASAD MULA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 05/12/2012

Subject:

Head Note:
24
SAHARA INDIA REAL ESTATE EXCH.COR.LD.&AN Vs. SECURITIES & EXCH.BOARD OF INDIA

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR, J. CHELAMESWAR

Date of Judgement: 05/12/2012

Subject:

Head Note:
25
DIMPEY GUJRAL & ORS. Vs. U.T.CHANDIGARH & ORS

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 06/12/2012

Subject:

Head Note:
26
AKIL @ JAVED Vs. STATE OF NCT OF DELHI

Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 06/12/2012

Subject:

Head Note:
27
SRI BHAGWAN Vs. STATE OF U.P.

Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 06/12/2012

Subject:

Head Note:
28
JAYENDRA SINGH Vs. STATE OF M.P.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 06/12/2012

Subject:

Head Note:
29
PAWAN KUMAR & ORS. Vs. STATE OF RAJASTHAN

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 06/12/2012

Subject:

Head Note:
30
RITESH SINHA Vs. STATE OF U.P.& ANR

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 07/12/2012

Subject:

Head Note:
31
GURMINDER SINGH KANG Vs. SHIV PRASAD SINGH & ORS.

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 07/12/2012

Subject:

Head Note:
32
STATE OF KARNATAKA & ORS. Vs. VIVEKANANDA M HALLUR & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 07/12/2012

Subject:

Head Note:
33
NARAIN PANDEY Vs. PANNALAL PANDEY

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 10/12/2012

Subject:

Head Note:
34
TOK TADE Vs. NABAM AMAS & ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 10/12/2012

Subject:

Head Note:
35
SURAT SINGH Vs. STATE OF UTTARANCHAL & ANR.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 10/12/2012

Subject:

Head Note:
36
KOTAK MAHINDRA BANK LTD. Vs. HINDUSTAN NATIONAL GLASS & IND.LTD.& ORS

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 11/12/2012

Subject:

Head Note:
37
GIRISH CHANDRA GUPTA Vs. U.P INDL.DEV.CORPN.LTD AND ORS

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 11/12/2012

Subject:

Head Note:
38
C.C.E.,VADODARA Vs. GUJARAT NARMADA VALLEY FER. CO. LTD.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 11/12/2012

Subject:Cenvat Credit Rules, 2002 - r.12 - Cenvat credit for duty paid inputs used in manufacture of exempted final products - Claim for - Whether under the Cenvat Credit Rules, 2002 an assessee is entitled to claim cenvat credit on duty paid Low Sulphur

Head Note:Referring the matter to larger Bench, the Court HELD: There is an apparent conflict between an earlier decision of this Court in Commissioner of Central Excise Vadodara v. Gujarat State Fertilizers & Chemicals Ltd., [GSFCL] (2008) 15 SCC 46 and
39
SANJEEV KR. SAMRAT Vs. NATIONAL INSURANCE CO. LTD. AND ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 11/12/2012

Subject:

Head Note:
40
BHASKAR LAXMAN JADHAV & ORS. Vs. KARAMVEER KAKASAHEB WAGH EDU.STY.& ORS.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 11/12/2012

Subject:

Head Note:
41
OMA @ OMPRAKASH & ANR. Vs. STATE OF TAMILNADU

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 11/12/2012

Subject:

Head Note:
42
KUKAPALLI MOHAN RAO Vs. STATE OF A.P.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 11/12/2012

Subject:Penal Code, 1860 - s.302 - Murder - Eyewitness account - Allegation that appellant hacked the deceased with an axe as he suspected that the latter was having illicit relationship with his wife - Conviction of appellant u/s.302 IPC - Justification

Head Note:Dismissing the appeal, the Court HELD:1. PWs 2 and 3 are crucial witnesses in this case to establish that it was the accused-appellant who had committed the crime. PW2, wife of the deceased, had clearly deposed that she herself and daughter were
43
KUMARI SHAIMA JAFARI Vs. IRPHAN @ GULFAM & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 11/12/2012

Subject:

Head Note:
44
U.SREE Vs. U.SRINIVAS

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 11/12/2012

Subject:

Head Note:
45
AJAY MAKEN Vs. ADESH KUMAR GUPTA & ANR.

Coram: , J. CHELAMESWAR

Date of Judgement: 11/12/2012

Subject:

Head Note:
46
PURNO AGITOK SANGMA Vs. PRANAB MUKHERJEE

Coram: ALTAMAS KABIR, P. SATHASIVAM, SURINDER SINGH NIJJAR, J. CHELAMESWAR, RANJAN GOGOI

Date of Judgement: 11/12/2012

Subject:

Head Note:
47
KUMARI SHAIMA JAFARI Vs. IRPHAN @ GULFAM & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 11/12/2012

Subject:

Head Note:
48
MOHAMMAD KHALIL CHISTI Vs. STATE OF RAJASTHAN & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 12/12/2012

Subject:

Head Note:
49
KASHMIR KAUR & ANR Vs. STATE OF PUNJAB

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 12/12/2012

Subject:

Head Note:
50
DEOKI PANJHIYARA Vs. SHAHSHI BHUSHAN NARAYAN AZAD & ANR.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 12/12/2012

Subject:PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005: s. 12 - Proceedings before trial court -Interim maintenance granted by trial court - Set aside by High Court on production of marriage certificate showing the first marriage of appellant with

Head Note:Allowing the appeals, the Court HELD: 1.1 Admittedly, both the appellant and the respondent are governed by the provisions of the Hindu Marriage Act, 1955, s. 11 whereof makes it clear that a marriage solemnised after the commencement of the
51
ASHOK KUMAR Vs. STATE OF UTTARAKHAND & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 13/12/2012

Subject:

Head Note:
52
COURT ON ITS OWN MOTION Vs. UNION OF INDIA & ORS.

Coram: B.S. CHAUHAN, SWATANTER KUMAR

Date of Judgement: 13/12/2012

Subject:

Head Note:
53
PRIYA GUPTA & ANR Vs. ADDL.SEC.MIN.OF HEALTH&FAMILY WELF & ORS

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 13/12/2012

Subject:

Head Note:
54
SAHABUDDIN & ANR. Vs. STATE OF ASSAM

Coram: SWATANTER KUMAR, GYAN SUDHA MISRA

Date of Judgement: 13/12/2012

Subject:

Head Note:
55
AKHILESH YADAV Vs. VISHWANATH CHATURVEDI & ORS.

Coram: ALTAMAS KABIR, H.L. DATTU

Date of Judgement: 13/12/2012

Subject:

Head Note:
56
PARSHAVANATH CHARITABLE TRUST & ORS Vs. ALL INDIA COUNCIL FOR TECH.EDU& ORS.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 13/12/2012

Subject:

Head Note:
57
VINAY TYAGI Vs. IRSHAD ALI @ DEEPAK & ORS.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 13/12/2012

Subject:

Head Note:
58
MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA Vs. STATE OF U.P.& ORS.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 13/12/2012

Subject:

Head Note:
59
BIHAR PUBLIC SERVICE COMMN. Vs. SAIYED HUSSAIN ABBAS RIZWI & ANR.

Coram: SWATANTER KUMAR, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 13/12/2012

Subject:

Head Note:
60
DIRCTOR GENERAL OF POSTS & ORS. Vs. K.CHANDRASHEKAR RAO

Coram: SWATANTER KUMAR, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 13/12/2012

Subject:

Head Note:
61
STATE OF U.P. & ORS. Vs. ASHOK KUMAR NIGAM

Coram: SWATANTER KUMAR, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 13/12/2012

Subject:

Head Note:
62
RADHAKRISHNA NAGESH Vs. STATE OF A.P.

Coram: SWATANTER KUMAR, GYAN SUDHA MISRA

Date of Judgement: 13/12/2012

Subject:

Head Note:
63
HARADHAN DAS Vs. STATE OF WEST BENGAL

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
64
KRISHAN Vs. STATE OF HARYANA

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
65
KISHAN CHAND Vs. STATE OF HARYANA

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
66
SUKHDEV SINGH Vs. STATE OF HARYANA

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
67
ANJU CHAUDHARY Vs. STATE OF U.P.& ANR.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
68
SANDESH @ SAINATH KAILASH ABHANG Vs. STATE OF MAHARASHTRA

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
69
YANAB SHEIKH @ GAGU Vs. STATE OF WEST BENGAL

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
70
ANJU CHAUDHARY Vs. STATE OF U.P.& ANR.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
71
MANOHAR Vs. STATE OF MAHARASHTRA & ANR.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
72
STATE OF PUNJAB Vs. GIAN CHAND & ORS.

Coram: SWATANTER KUMAR, MADAN B. LOKUR

Date of Judgement: 13/12/2012

Subject:

Head Note:
73
STATE OF M.P.& ORS. Vs. SANDHYA TOMAR & ANR.

Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 13/12/2012

Subject:

Head Note:
74
NATIONAL BOARD OF EXAMINATIONS Vs. AMI RAJESH SHAH & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 13/12/2012

Subject:

Head Note:
75
SURYABHAN Vs. STATE OF MAHARASHTRA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 13/12/2012

Subject:

Head Note:
76
SECR.,MIN.OF H.& W.,GOVT.OF MAHARASHTRA Vs. S.C.MALTE & ORS.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 13/12/2012

Subject:

Head Note:
77
LAHU KAMLAKAR PATIL & ANR. Vs. STATE OF MAHARASHTRA

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 14/12/2012

Subject:

Head Note:
78
SOMAN Vs. STATE OF KERALA

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 14/12/2012

Subject:

Head Note:
79
PARAMJEET BATRA Vs. STATE OF UTTARAKHAND & ORS.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 14/12/2012

Subject:

Head Note:
80
CHANDRALEKHA Vs. STATE OF RAJASTHAN & ANR

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 14/12/2012

Subject:

Head Note:
81
Y.K. SINGLA Vs. PUNJAB NATIONAL BANK & ORS.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 14/12/2012

Subject:

Head Note:
82
PRADIP KUMAR Vs. UNION OF INDIA & ORS

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR, J. CHELAMESWAR

Date of Judgement: 14/12/2012

Subject:

Head Note:
83
SR.DIVNL.RETAIL SALES MGR. TR. POA HOLDR Vs. ASHOK SHANKARLAL GWALANI

Coram: SWATANTER KUMAR, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 14/12/2012

Subject:

Head Note:
84
MST.PARAM PAL SINGH TR.FATHER Vs. M/S NATIONAL INSURANCE CO.& ANR.

Coram: T.S. THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA

Date of Judgement: 14/12/2012

Subject:

Head Note:
85
RAM VISWAS Vs. STATE OF M.P.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 14/12/2012

Subject:Penal Code, 1860 - s.302 - Death of married woman due to burn injuries - Prosecution case that the victim's husband i.e. the appellant had poured kerosene oil on her and set her on fire - In the dying declaration recorded by the Naib Tahsildar, th

Head Note:Dismissing the appeal, the Court HELD:1. It is seen from the FIR (Exh.P-4) that the accused-appellant was not happy with his married life and had frequent quarrels with the deceased. A perusal of the FIR further shows that on 03.02.1998, in the
86
CHANDRADHOJA SAHU Vs. STATE OF ORISSA & ORS.

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 14/12/2012

Subject:

Head Note:
87
KUMAR ETC.ETC. Vs. KARNATAKA INDUSL.COOP.BANK LTD.& ANR

Coram: P. SATHASIVAM, RANJAN GOGOI

Date of Judgement: 14/12/2012

Subject:Code of Criminal Procedure, 1973 - s.397 r/w s.401 - Revisional Jurisdiction - Reversal of acquittal into conviction - Permissibility - Allegation that appellants pledged fake ornaments and obtained loans thereagainst from respondent-bank - Acquit

Head Note:Allowing the appeals, the Court HELD:1. The revisional jurisdiction of a High Court is conferred by the provisions of Section 397 read with Section 401 CrPC. While Section 397 empowers the High court to call for the record of any proceeding befo
88
ATTAR SINGH Vs. STATE OF MAHARASHTRA

Coram: SWATANTER KUMAR, GYAN SUDHA MISRA

Date of Judgement: 14/12/2012

Subject:

Head Note:
89
STATE OF HARYANA & ANR. Vs. KARTAR SINGH (D) BY LRS.

Coram: R.M. LODHA, ANIL R. DAVE

Date of Judgement: 29/12/2012

Subject:

Head Note:



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