Sl No.
|
Title
|
||
1
|
SAMAJ PARIVARTANA
SAMUDAYA & ORS. Vs. STATE OF KARNATAKA & ORS.
Coram: AFTAB ALAM, K.S. RADHAKRISHNAN, SWATANTER KUMAR Date of Judgement: 03/09/2012 Subject: Head Note: |
||
2
|
SEVA LAL Vs. SRI KANT
& ORS.
Coram: R.M. LODHA, ANIL R. DAVE Date of Judgement: 03/09/2012 Subject: Head Note: |
||
3
|
BABLA @ DINESH Vs.
STATE OF UTTARAKHAND
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 04/09/2012 Subject:JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2000: ss. 2(k) and 15 - Plea of juvenility - Held: Can be raised even before Supreme Court for the first time - The report of Addl. Sessions Judge concluding that the appellant was aged abou Head Note:Partly allowing the appeal, the Court HELD: 1.1 The High Court has erred in dismissing the appeal on the ground that no evidence was adduced and no suggestion was made to the witnesses regarding juvenility of the appellant during the trial. |
||
4
|
GURGAON GRAMIN BANK Vs.
KHAZANI & ANR.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 04/09/2012 Subject: Head Note: |
||
5
|
NAND CONTR.&
ENGR.THR.G.D.AHUJA Vs. NORTHERN COALFIELD LTD. & ANR.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 04/09/2012 Subject: Head Note: |
||
6
|
STATE OF KERALA AND
ORS. Vs. THE TRIBAL MISSION
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 04/09/2012 Subject:KERALA EDUCATION RULES 1959: rr. 2 and 2A read with Government's Policy dated 13.6.2007 - Granting of recognition to schools in unaided sector - Held: Indiscriminate grant of recognition to schools in the unaided sector may have an adverse affec Head Note:Disposing of the appeal, the Court HELD: 1.1 The Government's Policy issued by GO (P) No.107/07/G Edn. dated 13.6.2007 with regard to up-gradation of existing schools and recognition of unaided schools applies to the respondent school as well |
||
7
|
SUDARSHANACHARYA Vs.
PURUSHOTTAMACHARYA & ANR.
Coram: AFTAB ALAM, RANJANA PRAKASH DESAI Date of Judgement: 04/09/2012 Subject: Head Note: |
||
8
|
BHIMANNA Vs. STATE OF
KARNATAKA
Coram: P. SATHASIVAM, B.S. CHAUHAN Date of Judgement: 04/09/2012 Subject:Penal Code, 1860 - s.304 Part-I r/w s.34 - Applicability - Homicidal death - Three accused - While returning home from the agricultural fields, the accused trespassed on to the land of the victim - Verbal altercation ensued between the parties wh Head Note:Disposing of the appeals, the Court HELD:1.1. An accused can be convicted for an offence which is minor as compared to the one, he has been charged with, unless the accused satisfies the Court that there has been a failure of justice by the non- |
||
9
|
DEEPAK @ WIRELESS Vs.
STATE OF MAHARASHTRA
Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 04/09/2012 Subject:PENAL CODE, 1860: ss.395, 396 and 397 - Ingredients of - Explained - Appellant along with four others (two juveniles and two remained absconding) committing robbery resulting in death of one victim and grievous injuries to the other - Held: The Head Note:Dismissing the appeal, the Court HELD: 1.1 In order to find a person guilty of offences punishable u/ss 395, 396 and 397 of IPC, his participation along with a group of five or more persons indulging in robbery and in that process committing |
||
10
|
RAKHAL DEBNATH Vs.
STATE OF WEST BENGL
Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 04/09/2012 Subject:Penal Code, 1860 - ss.306, 498A and 107 - Death of married woman due to burn injuries - Conviction of appellant-husband u/ss.306 and 498A - Justification - Held: Justified - In the facts and circumstances of the case, the conclusion of High Court Head Note:Dismissing the appeal, the Court HELD:1.1. P.W.19 the doctor who examined the deceased (the appellant's wife) immediately after she was brought to the hospital reported that according to the appellant the deceased suffered the burn injuries from |
||
11
|
REPUBLIC OF ITALY THR.
AMBASSADOR & ORS. Vs. UNION OF INDIA & ORS.
Coram: ALTAMAS KABIR, J. CHELAMESWAR Date of Judgement: 04/09/2012 Subject: Head Note: |
||
12
|
BHAWNA GARG & ANR
Vs. UNIVERSITY OF DELHI & ORS.
Coram: A.K. PATNAIK, SWATANTER KUMAR Date of Judgement: 05/09/2012 Subject: Head Note: |
||
13
|
M/S MICRO HOTEL P.LTD.
Vs. M/S HOTEL TORRENTO LIMITED & ORS.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 06/09/2012 Subject: Head Note: |
||
14
|
FAIZA CHOUDHARY Vs.
STATE OF J & K & ANR
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 06/09/2012 Subject:Education - Admission - MBBS course - Government Medical colleges in the State of Jammu & Kashmir - Seats under the Scheduled Tribe Gujjar Bakerwal (STGB) category - Carry forward of unfilled seat - If permissible - Whether the MBBS seat which fel Head Note:Dismissing the appeal, the Court HELD:1.1. On law as well as on facts, the appellant has no right to make any claim for the vacant MBBS seat of the year 2010 in the year 2011 or subsequent years. The Board should have allotted that seat to anot |
||
15
|
BHARAT ALUMINIUM CO.
Vs. KAISER ALUMINIUM TECHNICAL SERVICES.INC.
Coram: , D.K. JAIN, SURINDER SINGH NIJJAR, RANJANA PRAKASH DESAI, JAGDISH SINGH KHEHAR Date of Judgement: 06/09/2012 Subject: Head Note: |
||
16
|
M/S. SALORA
INTERNATIONAL LTD. Vs. COMMNR. OF CENTRAL EXCISE, NEW DELHI
Coram: D.K. JAIN, ANIL R. DAVE Date of Judgement: 07/09/2012 Subject:CENTRAL EXCISE TARIFF ACT, 1985: First Schedule - Tariff Entry 8528 or 8529 - `Television Receivers' or `Parts' thereof - Components of Television sets - Manufactured by assessee - Assembled in factory itself to check the working of each televis Head Note:Dismissing the appeal of the assessee, the Court HELD: 1.1 As regards the applicability of the Rules for Interpretation vis-- vis the Section Notes and Chapter Notes in the Tariff Schedule, resort must first be had only to the particular tar |
||
17
|
SHYAM BABU Vs. STATE OF
U.P.
Coram: P. SATHASIVAM, B.S. CHAUHAN Date of Judgement: 07/09/2012 Subject: Head Note: |
||
18
|
MARUTI NIVRUTTI NAVALE
Vs. STATE OF MAHARASHTRA & ANR
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 07/09/2012 Subject:CODE OF CRIMINAL PROCEDURE, 1973: s.438 - Anticipatory bail - Complaint against appellant for committing forgery in lease deed and other documents in respect of property belonging to complainant and furnishing false information to Education Auth Head Note:Dismissing the appeal, the Court HELD: 1.1 The Additional Sessions Judge and the High Court while considering the application for anticipatory bail scrutinized/analysed the materials. It is true that the parties have also approached the civil |
||
19
|
M/S VIRGO INDUSTRIES
(ENG) P.LTD. Vs. M/S VENTURETECH SOLUTIONS P.LTD.
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 07/09/2012 Subject:Code of Civil Procedure, 1908: Or.II, r.2 - Two suits on same cause of action - Bar u/Or.II, r.2 - Object - Applicability - Held: Or.II r.2 seeks to avoid multiplicity of litigations on same cause of action - The Rule engrafts a laudable prin Head Note:Allowing the appeals, the Court HELD: 1.1. Order II Rule 1, CPC requires every suit to include the whole of the claim to which the plaintiff is entitled in respect of any particular cause of action. However, the plaintiff has an option to relinq |
||
20
|
M/S.FUGRO SURVEY
(INDIA) PVT.LTD. Vs. RAMUNIA INTERNATIONAL SERVICES LTD.
Coram: SURINDER SINGH NIJJAR Date of Judgement: 07/09/2012 Subject: Head Note: |
||
21
|
VILAS PANDURANG PAWAR
& ANR. Vs. STATE OF MAHARASHTRA & ORS.
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 10/09/2012 Subject: Head Note: |
||
22
|
M/S REAL ESTATE
AGENCIES Vs. GOVT.OF GOA & ORS.
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 10/09/2012 Subject: Head Note: |
||
23
|
DR.PREM LATA Vs. GOVT.
OF NCT DELHI AND ORS.
Coram: ALTAMAS KABIR, J. CHELAMESWAR Date of Judgement: 11/09/2012 Subject: Head Note: |
||
24
|
SAHARA INDIA REAL
ESTATE CORP.LTD.& ORS Vs. SECURITIES & EXCH.BOARD OF INDIA & ANR
Coram: , D.K. JAIN, SURINDER SINGH NIJJAR, RANJANA PRAKASH DESAI, JAGDISH SINGH KHEHAR Date of Judgement: 11/09/2012 Subject: Head Note: |
||
25
|
U.P.PUBLIC SER.COMMN.
Vs. MADHU RANA & ORS.
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 11/09/2012 Subject: Head Note: |
||
26
|
STATE OF U.P.& ANR.
Vs. RAM ASHREY & ANR.
Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE Date of Judgement: 11/09/2012 Subject: Head Note: |
||
27
|
M/S.SUNDARAM FIN.LTD.
Vs. ASST.COMMISSIONER OF INCOME TAX,CHENNAI
Coram: S.H. KAPADIA, MADAN B. LOKUR Date of Judgement: 11/09/2012 Subject: Head Note: |
||
28
|
DARBARA SINGH Vs. STATE
OF PUNJAB
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 12/09/2012 Subject:Criminal trial - Evidence - Inconsistency between medical evidence and ocular evidence - Effect of - Conviction of appellant u/s.302 IPC - Challenge to - Defence plea that the manner in which appellant had been accused of causing injury to the dec Head Note:Dismissing the appeal, the Court HELD:1. The facts of the instant appeal do not warrant review of the findings recorded by the courts below. [Para 19] Plea of inconsistency between medical evidence and ocular evidence 2.1. The law is well s |
||
29
|
KUNAL MAJUMDAR Vs.
STATE OF RAJASTHAN
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 12/09/2012 Subject: Head Note: |
||
30
|
STATE OF UTTARAKHAND
(PREV.U.P.) Vs. MOHAN SINGH & ORS.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 12/09/2012 Subject: Head Note: |
||
31
|
ASHWANI KUMAR SAXENA
Vs. STATE OF M.P.
Coram: K.S. RADHAKRISHNAN, MADAN B. LOKUR Date of Judgement: 13/09/2012 Subject: Head Note: |
||
32
|
AMIT KAPOOR Vs. RAMESH
CHANDER & ANR
Coram: A.K. PATNAIK, SWATANTER KUMAR Date of Judgement: 13/09/2012 Subject:CODE OF CRIMINAL PROCEDURE, 1973: ss. 397 and 482 - Extent and scope of powers exercisable by High Court u/s. 397 independently or read with s. 482 - Explained - Principles culled out to be considered for proper exercise of jurisdiction, particu Head Note:Allowing the appeal, the Court HELD: 1.1 Framing of a charge is an exercise of jurisdiction by the trial court in terms of s.228 of the Code of Criminal Procedure, 1973, unless the accused is discharged u/s. 227. Under both these p |
||
33
|
NAMIT SHARMA Vs. UNION
OF INDIA
Coram: A.K. PATNAIK, SWATANTER KUMAR Date of Judgement: 13/09/2012 Subject: Head Note: |
||
34
|
GAJOO Vs. STATE OF
UTTARAKHAND
Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 13/09/2012 Subject:Penal Code, 1860 - s.302 - Murder - Appellant and one other accused - Conviction of appellant - Challenge to - Held: Not tenable - The injuries on the victim evidently were inflicted by appellant holding a `Daranti' in one hand and holding the ne Head Note:Dismissing the appeal, the Court HELD:1. In cross-examination, PW4 made certain statements which no doubt, did not support the case of the prosecution. He stated that he had not given the names of the murderers to his uncle, PW1. However, the st |
||
35
|
KURIA & ANR. Vs.
STATE OF RAJASTHAN
Coram: SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 13/09/2012 Subject: Head Note: |
||
36
|
CHAIRMAN &
C.E.OFFICER, NOIDA & ANR. Vs. MANGE RAM SHARMA (D) THR. LRS. & ANR.
Coram: SWATANTER KUMAR, RANJANA PRAKASH DESAI Date of Judgement: 13/09/2012 Subject: Head Note: |
||
37
|
RAMESH AHLUWALIA Vs.
STATE OF PUNJAB & ORS.
Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE Date of Judgement: 13/09/2012 Subject: Head Note: |
||
38
|
SUNIL CLIFFORD DANIEL
Vs. STATE OF PUNJAB
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 14/09/2012 Subject:PENAL CODE, 1860: ss. 302 and 201 - Murder - Circumstantial evidence - Conviction and sentence of imprisonment for life awarded by courts below - Held: The statement of prosecution witnesses, the medical evidence, the serological report, the co Head Note:Dismissing the appeal, the Court HELD: 1.1 In Sharad Birdhichand Sarda's case*, this court held that the onus is on the prosecution to prove that the chain is complete and that falsity or untenability of the defence set up by the accused cann |
||
39
|
BHARTIYA SEVA SAMAJ
TRUST TR.PRES.& ANR Vs. YOGESHBHAI AMBALAL PATEL & ANR
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 14/09/2012 Subject:Service Law - Appointment - In challenge, for being illegal - Primary school - Respondent-teacher had been terminated from service on the ground that he did not possess the eligible qualification - High Court set aside the termination order holdin Head Note:Dismissing the appeal, the Court HELD: 1. It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order. It is for the reason that in such an eventua |
||
40
|
STATE OF GUJARAT &
ORS. Vs. ARVINDKUMAR T.TIWARI & ANR.
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 14/09/2012 Subject:SERVICE LAW: Appointment on compassionate ground - Eligibility - Relaxation - Held: Compassionate appointment cannot be claimed as a matter of right - A claim to be appointed on such a ground has to be considered in accordance with rules, regu Head Note:Allowing the appeal, filed by the department, the Court HELD: 1.1 It is a settled legal proposition that the compassionate appointment cannot be claimed as a matter of right. It is not simply another method of recruitment. A claim to be appo |
||
41
|
TULSHIRAM SAHADU
SURYAWANSHI & ANR. Vs. STATE OF MAHARASHTRA
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 14/09/2012 Subject:PENAL CODE, 1860: ss. 302/34, 304-B/34 and 498-A/34 - Murder of a married woman in matrimonial home, for dowry - Circumstantial evidence - Conviction and sentence of life imprisonment awarded by trial court to all the three accused, namely, the Head Note:Dismissing the appeal, the Court HELD: 1.1 It is not in dispute that the conviction of the appellants (A-1 and A-2) is based on circumstantial evidence. In Sharad Birdhichand Sarda's case*, this Court after referring to various earlier decis |
||
42
|
MUSTAFA SHAHADAL SHAIKH
Vs. STATE OF MAHARASHTRA
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 14/09/2012 Subject:Penal Code, 1860: ss.304B and 498A r/w s.34 - Dowry death - Cruelty by husband -Appellant's wife committed suicide at her matrimonial home - Death occurred within seven months of marriage - On the date of death, appellant and his parents alone Head Note:Dismissing the appeal, the Court HELD:1.1. Section 304B IPC relates to dowry death. In order to convict an accused for offence punishable under Section 304B IPC, the following essentials must be satisfied: i) the death of a woman must have been |
||
43
|
PRESS COUNCIL OF INDIA
Vs. UNION OF INDIA & ANR.
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 14/09/2012 Subject: Head Note: |
||
44
|
DEVINENI PADMAJA Vs.
VUNDAVALLI SRINIVASA RAO
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 17/09/2012 Subject: Head Note: |
||
45
|
BABA TEK SINGH Vs.
UNION OF INDIA & ORS.
Coram: AFTAB ALAM, RANJANA PRAKASH DESAI Date of Judgement: 17/09/2012 Subject: Head Note: |
||
46
|
RAJASTHAN STATE ROAD
TRANSPORT CORP. Vs. PRESIDENT,RAJASTHAN ROADWAYS UNION & ANR
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 18/09/2012 Subject:EMPLOYEES FAMILY PENSION SCHEME, 1971: Pension Scheme - Employee not exercising option under the Scheme - Held: Notification dated 9.4.1971 issued by Regional Provident Fund Commissioner was circulated by the employer-Corporation by letter dated Head Note:Allowing the appeal, the Court HELD: 1.1 A reading of the Notification dated 9.4.1971 issued by the Regional Provident Fund Commissioner along with the communication letter dated 30.7.1971 issued by the appellant-Corporation, makes it evident |
||
47
|
V.CHANDRASEKARAN &
ANR. Vs. ADMINISTRATIVE OFFICER & ORS.
Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR Date of Judgement: 18/09/2012 Subject: Head Note: |
||
48
|
PRAVIN GADA & ANR.
Vs. CENTRAL BANK OF INDIA & ORS.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 18/09/2012 Subject: Head Note: |
||
49
|
PUSHPANJALI SAHU Vs.
STATE OF ORISSA & ANR.
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 18/09/2012 Subject: Head Note: |
||
50
|
STATE OF UTTARKHAND
& ORS. Vs. GURU RAM DAS EDUCATIONAL TRUST STY.
Coram: R.M. LODHA, ANIL R. DAVE Date of Judgement: 18/09/2012 Subject:U.P. ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950: ss. 154(1), 166 and 167 - Notice u/ss 166 and 167 to transferee-Educational Trust in respect of a portion of land transferred to it by Bhumidhar - Held: Keeping in view the definition of `fam Head Note:Dismissing the appeal, the Court HELD: 1.1 The expression used in s.154(1) is "to any person where the transferee shall, as a result of such sale or gift, become entitled to land which together with land, if any, held by his family will i |
||
51
|
MAHESH CHANDRA VERMA
& ORS. Vs. STATE OF JHARKHAND & ORS.
Coram: AFTAB ALAM, RANJANA PRAKASH DESAI Date of Judgement: 19/09/2012 Subject: Head Note: |
||
52
|
PUDHU RAJA & ANR.
Vs. STATE TR.INSP.OF POLICE
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 19/09/2012 Subject: Head Note: |
||
53
|
BALAJI GUNTHU DHULE Vs.
STATE OF MAHARASHTRA
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 19/09/2012 Subject:Penal Code, 1860 - s.302 - Conviction under - Challenge to - Death of one person in course of a quarrel - Trial court convicted accused-appellant and two other accused u/s.302 r/w s.34 based on the evidence of PWs 4,5,7,8 and 10 - High Court acqui Head Note:Held: The statement of the accused recorded u/s.313 CrPC cannot be put against the accused person -The statement made under this Section should not be considered in isolation but in conjunction with evidence adduced by the prosecution - In the ins |
||
54
|
SUSHIL CHHIBBER &
ANR. Vs. SHASHI KUMAR MEHTA & ANR.
Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE Date of Judgement: 19/09/2012 Subject: Head Note: |
||
55
|
ASH MOHAMMAD Vs. SHIV
RAJ SINGH @ LALLA BABU & ANR
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 20/09/2012 Subject:Bail - Grant of - Duty of the Court - Allegation that on instructions of accused-respondent, two persons abducted the victim under threat whereafter the victim was kept in confinement for eight days and tortured - Respondent was a history-sheeter Head Note:Allowing the appeal, the Court HELD:1.1. The sacrosanctity of liberty is paramount in a civilized society. However, in a democratic body polity which is wedded to Rule of Law an individual is expected to grow within the social restrictions sanct |
||
56
|
PAYAL VISION LTD Vs.
RADHIKA CHOUDHARY
Coram: T.S. THAKUR, GYAN SUDHA MISRA Date of Judgement: 20/09/2012 Subject:CODE OF CIVIL PROCEDURE, 1908: O.12, r.6 - Judgment on admissions - Held: In a suit for recovery of possession from a tenant whose tenancy is not protected under the provisions of the Rent Control Act, plaintiff-landlord is required to establis Head Note:Allowing the appeal filed by the landlord, the Court HELD: 1.1 In a suit for recovery of possession from a tenant whose tenancy is not protected under the provisions of the Rent Control Act, all that is required to be established by the plain |
||
57
|
STATE OF RAJASTHAN
& ORS. Vs. AANJANEY ORGANIC HERBAL PVT.LTD.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 20/09/2012 Subject:Rajasthan Tenancy Act, 1955: s.42(b) - Beneficial legislation to protect the interest of the members of Scheduled Caste and Scheduled Tribe - General restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, Head Note:Allowing the appeals, the Court HELD:1.1. The Rajasthan Tenancy Act, 1955 is a beneficial legislation which takes special care to protect the interest of the members of Scheduled Caste and Scheduled Tribe. Section 42 provides some general restr |
||
58
|
PONNUSAMY Vs. STATE OF
T.NADU REP.BY INSP.OF POLICE
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 20/09/2012 Subject: Head Note: |
||
59
|
BUDHURAM Vs. STATE OF
CHHATTISGARH
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 20/09/2012 Subject: Head Note: |
||
60
|
LALKU MIAN AND ORS Vs.
CHIEF SECRETARY, M.H.A., GOVT.OF W.B.
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 20/09/2012 Subject: Head Note: |
||
61
|
BENARSI KRISHNA
COMMIT.& ORS. Vs. KARMYOGI SHELTERS P.LTD.
Coram: ALTAMAS KABIR, J. CHELAMESWAR Date of Judgement: 21/09/2012 Subject:ARBITRATION AND CONCILIATION ACT, 1996: ss.2(h), 31(5) and 34 - Delivery of copy of arbitral award to `party' - Held: The expression "party", as defined in s.2(h) clearly indicates a person who is a party to an arbitration agreement and is not q Head Note:Dismissing the petition, the Court HELD: 1.1 The expression "party" has been amply dealt with in Tecco Trechy Engineers's* case and also in ARK Builders Pvt. Ltd.'s case. The expression "party", as defined in s.2(h) of the Arbitration an |
||
62
|
SURESH SAKHARAM NANGRE
Vs. STATE OF MAHARASHTRA
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 21/09/2012 Subject:PENAL CODE, 1860: ss.302/34 and 201/34 - A-1 alongwith A-2 and A-3 stated to have committed the murder of his younger brother by setting him on fire - A-2 turned approver - Trial court convicting A-1and A-3 - Appeal by A-3 only - Conviction and Head Note:Allowing the appeal filed by A-3, the Court HELD: 1.1 The first witness examined by the prosecution was PW-1, who deposed that A-3 and A-2 came to his house and told him that the deceased had committed suicide by setting himself on fire. This |
||
63
|
CBI, HYDERABAD Vs. K.
NARAYANA RAO
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 21/09/2012 Subject: Head Note: |
||
64
|
JITENDRA NATH SINGH Vs.
OFFICIAL LIQUIDATOR & ORS.
Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR Date of Judgement: 21/09/2012 Subject: Head Note: |
||
65
|
M/S DOLPHIN
INTERNATIONAL LTD. Vs. M/S V.O.TYAZHPROMEXPORT
Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE Date of Judgement: 21/09/2012 Subject: Head Note: |
||
66
|
GIAN SINGH Vs. STATE OF
PUNJAB & ANR
Coram: R.M. LODHA, ANIL R. DAVE, SUDHANSU JYOTI MUKHOPADHAYA Date of Judgement: 24/09/2012 Subject: Head Note: |
||
67
|
AVINASH SADASHIV
BHOSALE (D) THR. LRS. Vs. U.O.I. & ORS.
Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE Date of Judgement: 25/09/2012 Subject:Service Law - Dismissal - On grounds of misconduct - Appellant, Bank Manager, alleged to have been involved in fraudulent transactions - Prosecuted u/ss.120B, 420, 467, 468, 471 and 201 IPC alongwith three account holders - However, subsequently a Head Note:Dismissing the appeal, the Court HELD:1.1. Departmental proceedings can be conducted simultaneously to the criminal trial. There is no legal bar for both proceedings to go on simultaneously. The only valid ground for claiming that the disciplina |
||
68
|
TEHRI HYDRO DEV. CORPN
LTD. & ANR. Vs. JAI PRAKASH ASSO. LTD.
Coram: R.M. LODHA, ANIL R. DAVE, RANJAN GOGOI Date of Judgement: 25/09/2012 Subject: Head Note: |
||
69
|
PRICEWATERHOUSECOOPERS
PVT.LTD. Vs. C.I.T-KOLKATA-I & ANR.
Coram: S.H. KAPADIA, MADAN B. LOKUR Date of Judgement: 25/09/2012 Subject: Head Note: |
||
70
|
HUKAM CHAND GUPTA Vs.
DIRECTOR GENERAL, I.C.A.R. & ORS.
Coram: SURINDER SINGH NIJJAR, H.L. GOKHALE Date of Judgement: 25/09/2012 Subject: Head Note: |
||
71
|
OM PRAKASH & ORS.
Vs. STATE OF JHARKHAND & ANR.
Coram: AFTAB ALAM, RANJANA PRAKASH DESAI Date of Judgement: 26/09/2012 Subject:Code of Criminal Procedure, 1973: ss. 482 and 197 - Complaint against police officials - Alleging killing in fake encounter - Case of the accused/police officials that encounter was genuine - FIR lodged by a citizen against the miscreants includ Head Note:Dismissing the appeal filed by the complainant and allowing the appeal filed by the police officials, the Court HELD: 1. The reason given by the High Court for not quashing proceedings against appellants police-officials namely that no notificat |
||
72
|
ASHRAFKHAN @ BABU
MUNNEKHAN PATHAN & ANR Vs. STATE OF GUJARAT
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 26/09/2012 Subject: Head Note: |
||
73
|
KAMLESH AMBALAL
CONTRACTOR & ORS. Vs. JAKSHIBHAI SAJANBHAI BHARVAD & ORS.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 26/09/2012 Subject: Head Note: |
||
74
|
MSR LEATHERS Vs. S.
PALANIAPPAN AND ANR.
Coram: R.M. LODHA, T.S. THAKUR, ANIL R. DAVE Date of Judgement: 26/09/2012 Subject:Negotiable Instruments Act, 1881 - s. 138 - Dishonour of cheque - Prosecution based upon second or successive dishonour - When no prosecution initiated on first dishonour - Whether permissible - Held: In view of s. 138 and the object underlying th Head Note:Answering the reference, the Court HELD: 1. Prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instru |
||
75
|
STATE OF M.P. Vs.
SURENDRA KORI
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 26/09/2012 Subject: Head Note: |
||
76
|
RADHEY SHYAM Vs. UNION
OF INDIA
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 26/09/2012 Subject: Head Note: |
||
77
|
AMAR SINGH JATAV &
ANR. Vs. STATE OF M.P.
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 26/09/2012 Subject: Head Note: |
||
78
|
V.K. SASIKALA Vs. STATE
REP. BY SUPERINTENDENT OF POLICE
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 27/09/2012 Subject: Head Note: |
||
79
|
M/S. NEW HORIZON SUGAR
MILLS Vs. GOV.OF PONDICHERRY TR.ADDL.SEC.
Coram: , J. CHELAMESWAR Date of Judgement: 27/09/2012 Subject: Head Note: |
||
80
|
AJAY KUMAR PARMAR Vs.
STATE OF RAJASTHAN
Coram: B.S. CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA Date of Judgement: 27/09/2012 Subject: Head Note: |
||
81
|
CENTRAL BUREAU OF
INVESTIGATION Vs. AMITBHAI ANIL CHANDRA SHAH AND ANR
Coram: AFTAB ALAM, RANJANA PRAKASH DESAI Date of Judgement: 27/09/2012 Subject: Head Note: |
||
82
|
C.I.T-II Vs. M/S KRISHI
UTPADAN MANDI SAMITI
Coram: S.H. KAPADIA, MADAN B. LOKUR Date of Judgement: 27/09/2012 Subject: Head Note: |
||
83
|
U/A 143(1) OF
CONSTITUTION Vs. OF INDIA
Coram: S.H. KAPADIA, D.K. JAIN, JAGDISH SINGH KHEHAR, DIPAK MISRA, RANJAN GOGOI Date of Judgement: 27/09/2012 Subject: Head Note: |
||
84
|
LAXMAN Vs. STATE OF
MAHARASHTRA
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 27/09/2012 Subject: Head Note: |
||
85
|
ABDUL REHMAN & ANR.
Vs. MOHD.RULDU & ORS.
Coram: P. SATHASIVAM, RANJAN GOGOI Date of Judgement: 27/09/2012 Subject: Head Note: |
||
86
|
JAINODDIN Vs. STATE OF
MAHARASHTRA
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 27/09/2012 Subject: Head Note: |
||
87
|
BASAVENI RAVI &
ANR. Vs. STATE OF A.P.
Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD Date of Judgement: 27/09/2012 Subject: Head Note: |
||
88
|
SPEAKER HARYANA VIDHAN
SABHA Vs. KULDEEP BISHNOI & ORS.
Coram: ALTAMAS KABIR, J. CHELAMESWAR Date of Judgement: 28/09/2012 Subject: Head Note: |
||
89
|
MANUBHAI RATILAL PATEL
TR.USHABEN Vs. STATE OF GUJARAT & ORS.
Coram: K.S. RADHAKRISHNAN, DIPAK MISRA Date of Judgement: 28/09/2012 Subject: Head Note: |
||
90
|
CHLORO CONTROLS(I)
P.LTD. Vs. SEVERN TRENT WATER PURIFICATION INC &ORS
Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR Date of Judgement: 28/09/2012 Subject: Head Note: |
OCTOBER 2012
|
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 |
No comments:
Post a Comment