Court : Supreme Court of India
Reported in : 1997(2)ALD(Cri)490; 1997(45)BLJR1644; JT1997(8)SC43; 1997(6)SCALE80; (1997)8SCC386
1. Leave granted,2. Rajendra Jawanmal Gandhi (the accused) was convicted by the Sessions Judge, Satara for offences under Section 376 Indian Penal Code (IPC) and Section 57 of the Bombay Children Act, 1948 for having committed rape on a girl of eight years of age and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/- and in default of payment of fine to undergo rigorous imprisonment for six months and for offence under Section 57 of the Bombay Children Act, he was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/- and in default thereof rigorous imprisonment for one month. The substantive sentences were ordered to ran concurrently. Maruti car in which the offence of rape was committed was ordered to be forfeited and confiscated to the State, The accused appealed to the Bombay High Court against his conviction and sentence. A Division Bench of the High Court by judgment dated October 4, 1994 upheld the conviction of the accus...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
P.K. Balasubramanyan, J.1. Leave granted in Special Leave Petition (Civil) No. 11446 of 2005.2. Civil Appeal No. 3703 of 2003 is before us on the basis of an order of reference dated 14.10.2004 reported as Girnar Traders v. State of Maharashtra and Ors. : (2004)8SCC505 . Civil Appeal arising out of Special Leave Petition (Civil) No. 11446 of 2005 is before us by virtue of an order dated 11.7.2005 tagging the same along with the Civil No. No. 3703 of 2003. The question in Civil Appeal No. 3703 of 2003 and one of the questions in the Civil Appeal arising out of Special Leave Petition (Civil) No. 11446 of 2005 as posed by the order of reference is whether all the provisions of the Land Acquisition Act, 1894 as amended by the Central Act 68 of 1984, can be read into the provisions under Chapter VII of the Maharashtra Regional and Town Planning Act, 1966 (for short, the MRTP Act) for an acquisition under that Act. According to the order of reference, the decision in State of Maharashtra and...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1946; 2006(1)ALD(Cri)777; 2006(3)ALD42(SC); JT2006(5)SC18; 2006(II)OLR(SC)1; 2006(4)SCALE336
Y.K. Sabharwal, C.J.1. Concerned by the plight of the undertrial prisoners languishing in various jails in the country, various directions were issued by this Court from time to time. Presently, we are considering mainly the issue of directions for the development of children who are in jail with their mothers, who are in jail either as undertrial prisoners or convicts. Children, for none of their fault, but per force, have to stay in jail with their mothers. In some cases, it may be because of the tender age of the child, while in other cases, it may be because there is no one at home to look after them or to take care of them in absence of the mother. The jail environment are certainly not congenial for development of the children.2. For the care, welfare and development of the children, special and specific provisions have been made both in Part III and IV of the Constitution of India, besides other provisions in these parts which are also significant. The best interest of the child...
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APPEALS RELATING TO LIFE SENTENCE PART-2 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1178 of 2007 Essa @ Anjum Abdul Razak Memon (A-3) Appellant(s) vs. The State of Maharashtra, through STF, CBI Mumbai ...Respondent(s) WITH Criminal Appeal No.1179 of 2007 AND Criminal Appeal No.419 of 2011 WITH Criminal Appeal No.1181 of 2007 WITH Criminal Appeal Nos. 1127-1128 of 2007 WITH Criminal Appeal Nos. 1252-1253 of 2007 AND Criminal Appeal No.413 of 2011 WITH Criminal Appeal No.1365 of 2007 WITH Criminal Appeal No.1224 of 2007 WITH Criminal Appeal No.1440 of 2007 AND Criminal Appeal No.1028 of 2012 WITH Criminal Appeal No.1441 of 2007 WITH Criminal Appeal No.401 of 2008 AND Criminal Appeal No.1023 of 2012 WITH Criminal Appeal Nos. 976-977 of 2008 WITH Criminal Appeal No.616 of 2008 WITH Criminal Appeal Nos. 979-980 of 2008 WITH Criminal Appeal Nos. 633 of 2008 WITH Criminal Appeal Nos. 651-652 of 2008 WITH Criminal Appeal Nos. 653 AND 65.of 2008 ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1410 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.925 OF2021 ATTORNEY GENERAL FOR INDIA .... APPELLANT(S) VERSUS SATISH AND ANOTHER .... RESPONDENT(S) WITH CRIMINAL APPEAL NO.1411 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.1339 OF2021 NATIONAL COMMISSION FOR WOMEN .... APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA AND ANOTHER.... RESPONDENT(S) WITH CRIMINAL APPEAL NO.1412 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.1159 OF2021 THE STATE OF MAHARASHTRA .... APPELLANT(S) VERSUS SATISH .... RESPONDENT(S) WITH CRIMINAL APPEAL NO.1413 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.5071 OF2021 1 THE STATE OF MAHARASHTRA .... APPELLANT(S) VERSUS LIBNUS .... RESPONDENT(S) WITH CRIMINAL APPEAL No.1414 OF2021(@ SPECIAL LEAVE PETITION (CRL) No.7472 OF2021 SATISH ... APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA .... RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Leave granted in all appeals.2. The four Appeals filed by the a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICITION CRIMINAL APPEAL NO.597 OF2010Sushil Ansal Appellant Versus State Through CBI Respondent (With Crl. Appeals No.598/2010, 599/2010, 600-602/2010, 604/2010, 605- 616/2010 and 617-627/2010) JUDGMENT T.S. THAKUR, J.Enforcement of laws is as important as their enactment, especially where such laws deal with safety and security of citizens and create continuing obligations that call for constant vigil by those entrusted with their administration. Callous indifference and apathy, extraneous influence or considerations and the cynical Chalta Hai attitude more often than not costs the society dearly in man-made tragedies whether in the form of fire incidents, collapse of buildings and bridges, poisonous gas leaks or the like. Short-lived media attention followed by investigations that at times leave the end result flawed and a long winding criminal trial in which the witnesses predecease their depositions or switch sides u...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6006 OF2009VITHALDAS JAGANNATH KHATRI (DEAD) THROUGH SMT. SHAKUNTALA ALIAS SUSHMI & ORS. Appellants Versus THE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT & ORS. Respondents JUDGMENT R.F. Nariman, J.1. This appeal has come to us owing to a difference of opinion between Sanjay Kishan Kaul, J.and K.M. Joseph, J.in a judgment dated 29.08.2019.2. The brief facts necessary to appreciate the controversy in this appeal are as follows: a partition deed dated 31.01.1970 (duly registered on 1.07.1970) was executed between late Shri Vithaldas Jagannath Khatri and his minor son and three minor daughters. In terms of this 1 document, the agricultural land of the Hindu Undivided Family (HUF) is sought to be divided by mentioning that parties two to five - who are the four children of Vithaldas - have to be provided expenses for their education and marriage, which will be borne out of the separate property al...
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Reportable 2022 INSC465IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 2748-49 of 2022 The State of Maharashtra .Appellant Versus 63 Moons Technologies Ltd. Respondent And With Civil Appeal Nos. 2750-51 of 2022 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J Contents A. Facts............................................................................................................3 B. Submissions.............................................................................................17 C. Analysis....................................................................................................25 C. 1 Framework of the MPID Act...................................................................25 C. 2 Framework of NSE..................................................................................27 C. 3 Definitions of Deposit and Financial Establishment: Interpretation of Section 2(c) and 2(d) of the MPID Act....................................................
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1319; (1969)71BOMLR248; 1968CriLJ1501; 1968MhLJ423(SC); [1968]3SCR766
Grover, J. 1. This is an appeal by special leave in which the main question for decision is whether the appellants were rightly convicted for offences under Sections 304A and 337 of the Indian Penal Code. 2. The facts lie within a narrow compass. The appellants held licences under the Indian Explosives Act 1884, hereinafter called the Act, and the Rules framed thereunder to manufacture, possess and sell fire works and gum-powder not exceeding 200 pounds and to possess and sell safety fuses. It appears that the appellants had a factory for manufacturing explosives in a house on Shad Road in Latur town. It is said that an explosion occurred in that place on May 5, 1962 at about 12 O'clock as a result of which 11 persons died and 7 persons were injured. The appellants along with one B. G. Kamble were tried for offences under the various provisions of the Act and the Rules as also for offences under Sections 304A and 337 of the Code. The trial judge acquitted B. G. Kamble but convicted the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)
ORDERT.K. Thommen, J.1. Leave granted.2. I have had the advantage of reading in draft the judgment of my learned Brother Sahai, J. and I am in complete agreement with what he has stated. It is in support of his reasoning and conclusion that I add the following words.3. A site near the Sankey's Tank in Rajmahal Vilas Extension in the City of Bangalore was reserved as an open space in an improvement scheme adopted under the City of Bangalore Improvement Act, 1945. This Act was repealed by Section 76 of the Bangalore Development Authority Act, 1976 (Karnataka Act No. 12 of 1976) (hereinafter referred to as the 'Act') which received the assent of the Governor on 2.3.1976 and is deemed to have come into force on 20.12.1975. By a notification issued under Section 3 of the Act, the Government constituted the Bangalore Development Authority (the 'BDA') thereby attracting Section 76 which, so far as it is material, reads:Section 76. REPEAL AND SAVINGS (1) On the issue of the notification under ...
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