Court : Supreme Court of India
reportable in the supreme court of india inherent jurisdiction review petition (crl.) nos. 159-160 of 2013 in criminal appeal nos. 300-301 of 2011 sundar @ sundarrajan petitioner versus state by inspector of police respondent 1 judgment dr dhananjaya y chandrachud, cji this judgment consists of the following sections: a. prologue the impact of mohd. arif . 3 b. background ................................................................................................... 8 c. scope of review jurisdiction ...................................................................... 9 d. error apparent on the face of the record?. ............................................. 10 d.1 submissions of counsel......................................................................... 10 d.2. analysis .................................................................................................. 12 e. sentencing & mitigation ............................................................................. 32 e.1. lingering doubt theory ......................................................................... 32 e.2. sentencing & mitigation in the trial court and the appellate courts ..... 34 f. conclusion .................................................................................................. 50 2 part a1 the applicant is a convict on death row. he has moved this court for a fresh look at his petition seeking a review of his conviction for the offence of murder and the award of the .....
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reportable in the supreme court of india criminal appellate jurisdiction criminal appeal nos of2023(@ special leave petition (crl.) nos. 2849-2854 of2022 cardinal mar george alencherry ...appellant versus state of kerala & anr. respondents with special leave petition (crl.) nos. 1487-1493 of2022eparchy of bathery, rep. through most rev. dr. joseph mar thomas ... petitioner versus state of kerala & ors. etc. ... respondents with special leave petition (crl.) no(s). of2023arising out of diary no.7364 of2022 catholic diocese of thamarassery petitioner rep. through mar remegiose inchanayil versus state of kerala & ors. etc. respondent(s) 1 judgment bela m. trivedi, j.1. leave granted in slp (crl.) nos. 2849-2854 of 2022.2. all these matters are arising out of the impugned common judgment and order dated 12.08.2021 passed by the high court of kerala at ernakulam in crl. mc no.8936 of 2019, crl. mc no.205 of 2020, crl. mc no.1414 of 2020, crl. mc no.1409 of 2020, crl. mc no.2138 of 2020, crl. mc no.2136 of 2020 and crl. mc no.9115 of 2019.3. in the batch of six appeals arising out of slp (crl.) nos. 2849- 2854/2022, filed by the appellant cardinal mar george alencherry (original accused) the impugned common order dated 12.08.2021 in its entirety has been assailed, however, in the slp (crl.) no.1487-1493/2022 filed by eparchy of bathery (not a party before the high court), and in the slp diary no.7364/2022 filed by the catholic diocese of thamarassery (not a party before the high .....
Tag this Judgment!Court : Karnataka
- 1 - wp no.8204 of 2019 in the high court of karnataka at bengaluru r dated this the17h day of march, 2023 before the hon'ble mr justice krishna s dixit writ petition no.8204 of2019(bda) between: joseph raj, s/o shantappa, christian, aged about63years, r/at no.69, 3rd floor, nandi west, plot no.301, 4th block, 4th stage, basaveshwaranagar, bengaluru-560 079. (senior citizen priority not claimed) petitioner (by sri. krishna swamy s .,advocate) and:1. state of karnataka, represented by its chief secretary, vidhana soudha, bengaluru-560 001.2. bangalore development authority (bda) kumara park, bangalore-560 020. represented by its commissioner.3. bruhat bengaluru mahanagara palike (bbmp) j.c.road, vikas soudha, bengaluru-560 001. respondents (by sri.r srinivasa gowda., aga for r1; sri.b s karthikeyan.,advocate for r2 & r3) - 2 - wp no.8204 of 2019 this writ petition is filed under articles226and227of the constitution of india, praying to direct the respondents to take cognizance of sale deed dated2902.2016, executed by the city civil judge, bangalore registered and stored as document no.4863/2017-18 in cd no.vjnd177vide annx-h in the office of the sub registrar, vijayanagar, bangalore conveying right, title and interest in the property and make suitable entries in theirs registers confirming that the petitioner is the absolute owner of schedule property, alternatively direct the bda to execute absolute sale deed in favour of the petitioner conveying right, title and interest .....
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..... whether the above doctrine of laches which disentitled grant of relief to a party by equity court of england, could disentitle the grant of relief to a person by the high court in the exercise of its power under article 226 of our constitution, came up for consideration before a constitution bench of this court in moon mills ltd. vs. m. r. ..... laches or undue delay, the blame-worthy conduct of a person in approaching a court of equity in england for obtaining discretionary relief which disentitled him for grant of such relief was explained succinctly by sir barnes peacock, in lindsay petroleum co. vs. .....
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non reportable in the supreme court of india civil appellate jurisdiction civil appeal no.of2023(arising out of special leave petition (civil) no.8755 of 2018) m/s hornbill consultants ..... a ppellant versus state of punjab and others ..... r e spondents order sanjiv khanna, j.leave granted.2. the civil writ petition filed by the appellant m/s. hornbill consultants to enforce the right to carry on mining operations and, in the alternative, refund the amount paid, has been dismissed vide the impugned judgment, with liberty to the appellant to file a suit or take any other appropriate action for recovery of the amounts, in spite of the fact that the division bench of the punjab and haryana high court has recorded as under: 4. ...the provisional acceptance was issued on 05.07.2017 and under the terms and conditions the amounts were to be deposited by 5.00 p.m. on civil appeal @ slp (c) no.8755 of 2018 page 1 of 710.07.2017 (the weekend had intervened as a result whereof the stipulated period of two days was extended up to 10.07.2017). the amounts were to be deposited in a designated account of the respondents at the axis bank. this was notified by a corrigendum dated 15.06.2017. the details regarding the account were also sent through the provisional acceptance dated 05.07.2017. two separate transactions of rs.28.75 lakhs and rs.9.60 lakhs were to be executed by way of transfers into the designated bank account of the petitioner from his other account. however, due to server .....
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1 reportable in the supreme court of india civil appellate/original jurisdiction civil appeal no.1497/2023 [arising out of slp(c) no.4149/2016]. shah newaz khan & ors. appellants vs. state of nagaland & ors. respondents with transfer petition (c) no.307/2016 shah newaz khan & ors. petitioners vs. state of nagaland & ors. respondents2judgment dipankar datta, j.1. leave granted. the issue2 an issue, pristinely legal and novel, emerges for decision. it is novel in the sense that although three different high courts of the country have taken views which are entirely consistent, except the view taken in the judgment and order under challenge of the gauhati high court which impliedly stands overruled by a larger bench of the same high court, this court hitherto might not have had the occasion to deal with such an issue and decide either way.3. shortly put, the issue is: is the supreme court the sole repository of power in terms of section 25 of the code of civil procedure (for brevity the cpc ) to direct transfer of a suit, appeal or other proceeding from a civil court in one state to a civil court in another state?. or, is it open for a high court, if it is the common high court for two or more states, to entertain 3 an application for transfer under section 24 of the cpc and transfer a suit, appeal or other proceeding from a civil court to another civil court, both of which are subordinate to such high court but situate in different states in relation to which it exercises .....
Tag this Judgment!Court : Karnataka
1 in the high court of karnataka at bengaluru r dated this the28h day of february, 2023 before the hon'ble mr. justice m. nagaprasanna criminal petition no.4761 of2022between: mallikarjun desai goudar s/o s.r.desai goudar aged about35years r/at no.74, 2nd floor, 2nd cross, chandra layout bengaluru 560 040. ... petitioner (by sri chetan desai, advocate) and:1. . state of karnataka by chandra layout police station bengaluru represented by the state public prosecutor high court building bengaluru 560 001. 2 . xxxxx., xxxxx xxxxx xxxxx page no.1 is retyped and replaced vide chamber order dated 14.03.2023. 2 xxxx xxxx xxxx xxxxx. ... respondents (by sri k.s.abhijith, hcgp for r1; smt. veena j.kamath, advocate a/w ms. lekha g.d., advocate for r2) this criminal petition is filed under section482of cr.p.c., praying to quash the entire charge sheet filed by the respondent1 police in s.c. no.664/2022 for the offence punishable under sections376 376(2)(n), 354, 323, 406, 504, 506 read with34of indian penal code, pending on the file of liii additional cc & sj at bengaluru and consequent proceedings pursuant thereto, as against the accused/petitioner herein. this criminal petition having been heard and reserved for orders on0602.2023, coming on for pronouncement this day, the court made the following:- order the petitioner is before this court calling in question proceedings in s.c.no.664 of 2022 arising out of crime no.54 of 2021 registered for offences punishable under sections 376, 376 .....
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reportable in the supreme court of india civil appellate jurisdiction civil appeal no.1392 of2023(arising out of slp(civil) no.11237 of2022 thiru k. palaniswamy .appellant(s) versus m. shanmugam & ors. .respondent(s) with civil appeal no.1393 of2023(arising out of slp(civil) no.11579 of2022 civil appeal no.1394 of2023(arising out of slp(civil) no.11578 of2022 civil appeal no.1395 of2023(arising out of slp(civil) no.15753 of2022 civil appeal nos. 1396-1397 of2023(arising out of slp(civil) nos. 15705-15706 of2022 judgment dinesh maheshwari, j.leave granted.2. these appeals involving inter-related issues and same set of contesting parties, have been considered together and are taken up for disposal by this common judgment.3. before embarking upon the requisite details, a few preliminary comments and brief outline shall be apposite. 13.1. the matters in issue essentially relate to the internal management of a political party, all india anna dravida munnetra kazhagam1, which is registered with the election commission of india. this political party, said to be having the primary cadre consisting of more than 1.5 crore members, has its own byelaws, which have been amended from time to time. the two upper levels of party structure include the central executive committee2 and the general council of the central organization3. though, in the scheme of byelaws, the topmost position in the party was earlier assigned to the general secretary but, after the demise of the then general .....
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..... 56 in section 82 in relation to documents admissible in england without proof of seal or signature. .....
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reportable in the supreme court of india criminal appellate jurisdiction special leave petition (crl.) no.9221 of2018ram gopal s/o mansharam .....petitioner versus state of madhya pradesh .....respondent judgment bela m. trivedi, j.1. the impugned judgment and order dated 13.07.2018 passed by the high court of madhya pradesh, bench at gwalior in criminal appeal no.70/2000 has been sought to be challenged by the petitioner-accused by way of present petition. the said appeal was dismissed by the high court confirming the judgment and order dated 17.01.2000 passed by the first additional sessions judge, morena (hereinafter referred to as the sessions court ) in st no.205/1996, whereby the petitioner was convicted for the offence under section 302 ipc and was sentenced to undergo life 1 imprisonment with fine of rs. 5,000/-, in default thereof to suffer further rigorous imprisonment for a period of two years.2. the petitioner-accused ramgopal alias gopal was the ex- sarpanch of the village har gangoli. on 20.12.1995 at about 09:30 am, the complainant upendra singh (pw-1) reported at the police station baghchini that on 19.12.1995 at about 5 pm his uncle (tau) pratap singh sikarwar was taken by the sarpanch ram gopal from arhela, and the dead body of his uncle pratap singh was lying on the road near the house of bharosibaba at village chachiha. he further alleged in the complaint that there were injuries found on the head and ear of his uncle and blood was oozing out from the said .....
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