Court : Supreme Court of India
Decided on : Jul-25-2019
..... (pw-4) is the husband of doma lepcha (pw-2) who supports this testimony.23) the argument that krishna kanta burman who translated the bengali version into nepali was not examined when the above mentioned first information report was lodged is wholly inconsequential. such first information report was only in respect of information of death. the ..... netai mohanta and the informant on whose information the prosecution was set in motion. he stated that he does not know english, hindi page 6 of 16 or nepali and only knows bengali. he deposed that he had never met ranjit haldar earlier.13) before we examine respective contentions of the learned counsel for the parties, ..... -15). he deposed that he availed the services of one krishna kanta burman for translating the contents of fir, lodged by bhola mohanta, from bengali language to nepali language. he visited the place of occurrence at the house belonging to one jamyang bhutia (pw-5) and prepared rough sketch map and also arranged to take photographs .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-2019
..... candidate willing to be selected as a teacher in any school or madrasah, having bengali or english or hindi or nepali or oriya or santhali or telegu or urdu as the medium of instruction, must have bengali or english or hindi or nepali or oriya or santhali or telegu or urdu, as the case may be, as first or second or third .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3588 OF2019[Arising out of SLP(C) No.46 of 2019]. CARETEL INFOTECH LTD. .APPELLANT Versus HINDUSTAN PETROLEUM CORPORATION LIMITED & ORS. .RESPONDENTS JUDGMENT SANJAY KISHAN KAUL, J.1. 2. Leave granted. Hindustan Petroleum Corporation Limited (respondent No.1) floated an e-public tender on 4.12.2017 for setting up call centres for receiving, recording and replying to information enquiries and complaints from LPG customers of IOC/HPC/BPC. The appellant participated in the tender. Clause 20 of the tender reads as under:1. 20. Black List/Ban/Holiday List i. Bids received from parties who have been banned/blacklisted/put on holiday list or parties in respect of whom the action for blacklisting and holiday listing has been initiated by HPCL/any Government/Quasi Government Agencies or PSUs, shall not be considered for either evaluation or for award of work. Offer of Vendor who has not submitted declaration o...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.129 OF2017Federation of Obstetrics and Gynecological Societies of India (FOGSI) ..Petitioner Versus Union of India and others ..Respondents JUDGMENT Arun Mishra, J.1. The instant writ petition has been filed by the Federation of Obstetrics and Gynaecological Societies of India (FOGSI) (hereinafter referred to as the Society) highlighting the issues and problems affecting the practice of obstetricians and gynaecologists across the country under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the Act) and challenging the constitutional validity of Sections 23(1) and 23(2) of the Act and seeking direction in the nature of certiorari/mandamus for decriminalising anomalies in paperwork/record keeping/clerical errors in regard of the provisions of the Act for being violative of 2 Articles 14, 19(1)(g) and 21 of the Constitut...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-10-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1223 OF2015RAKESH TIWARI, ADVOCATE APPELLANT VERSUS ALOK PANDEY, C.J.M. RESPONDENT JUDGMENT ARUN MISHRA, J.1. The appellant, advocate, has been convicted for his undesirable conduct by the High Court vide impugned judgment and order under the Contempt of Courts Act and has been sentenced to simple imprisonment of six months and a fine of Rs.2000/- and in case of non-payment of fine, to undergo simple imprisonment for a further period of 15 days. He has also been directed not to enter the premises of the District Judgeship, Allahabad for a period of six months w.e.f. 15.7.2015 and the contemnor shall remain under constant watch of the District Judge, Allahabad, for a period of two years; and in case of any objectionable conduct, causing interference in peaceful and smooth functioning of the court, the District Judge has been asked to report the matter to the High Court.2. The contemnor has be...
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Decided on : Apr-24-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.714 OF2019(@ SLP(Criminal) No.5415 of 2017) DIPAKBHAI JAGDISHCHANDRA PATEL ... APPELLANT(S) VERSUS STATE OF GUJARAT AND ANOTHER ... RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. This appeal by special leave granted by this Court is directed against the judgment of the High Court of Gujarat at Ahmedabad dismissing the Special Criminal Application No.1230 of 2009 filed by the appellant under Section 482 of the 1 Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.PC for short).2. The petition under Section 482 Cr.PC. was filed challenging the complaint and the Order passed by the Sessions Court rejecting the request of the appellant to discharge him of the offences under Sections 489B and 489C of the Indian Penal Code, 1860 (hereinafter referred to as the IPC for short).3. The contents of the FIR dated 10.04.1996 are as follows: The facts of my complaint are that today ie., on 10.04.199...
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Decided on : Jul-30-2019
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO.4430 OF2009ZENITH DRUGS & ALLIED AGENCIES PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHRI UDAY KRISHNA PAUL Appellant VERSUS M/S. NICHOLAS PIRAMAL INDIA LTD. ...Respondent JUDGMENT R. BANUMATHI, J.This appeal arises out of the order dated 26.03.2007 passed by the Guwahati High Court in Civil Revision (P) No.31 of 2005 in and by which the High Court allowed the revision 1 petition preferred by the respondent and referred the parties to arbitration.2. Brief facts which led to filing of this appeal are as follows:- The appellant is a Company registered under the Companies Act, 1956 and is involved with various types of agency businesses including that of clearing and forwarding agents, freight contractors, etc. M/s Rhone Poulene India Limited (RPIL) vide agreement dated 01.05.1997 appointed the appellant Company as its clearing and forwarding agent for a period of three years. Clause 17 of the agree...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1856 OF2013STATE OF UTTARAKHAND ... APPELLANT VERSUS DARSHAN SINGH ... RESPONDENT WITH CRIMINAL APPEAL No.1857 OF2013JUDGMENT K.M. JOSEPH, J.1. Since these appeals involve the same impugned judgment of the High Court acquitting the respondents of offences under Section 147, 148, 149 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC, for short), we deem it fit to dispose of the same by a common judgment. 1 PROSECUTION CASE IN BRIEF2 The complaint in this case, which led to the trial, was lodged by one Swarn Singh-PW1. The complaint in brief is as follows: On 22.08.1992, when he, along with his father, mother and maternal uncle, were going on a tractor from Nanakmatta to their village and his father was driving the tractor, when the tractor reached one kilometre from their house, they found that a bullock cart has blocked their passage. The tractor stopped near the bullock...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2019
1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1560 OF2019PREM SINGH APPELLANT(S) Versus SUKHDEV SINGH & OTHERS RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 1561 OF2019JUDGMENT Deepak Gupta, J.These appeals by the victim as well as by the State are directed against the judgment dated 24.07.2013 whereby the High Court allowed the appeal of the accused and set aside the judgment of the trial court whereby the respondents herein were convicted for various offences punishable under Sections 148, 2 302/149 of the Indian Penal Code (IPC for short) and Section 25 of the Arms Act, and sentenced to various terms including life imprisonment.2. We do not intend to give detailed facts of the case. The gist of the case is that on 25.05.2005, accused Jagir Singh had caused injuries to Palwinder Kaur, who is the sisterinlaw of Prem Singh (PW1). Prem Singh (PW1) had gone to the milk chilling centre at Lopoke, because his father was contesting election...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-07-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2530 OF2012Birla Institute of Technology .Appellant(s) VERSUS The State of Jharkhand & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 02.04.2008 passed by the High Court of Jharkhand at Ranchi in LPA No.53 of 2007 whereby the Division Bench of the High Court dismissed the LPA filed by the appellant herein and confirmed the order dated 12.01.2007 passed by the Single Judge of the High Court in W.P. No.2572 of 2005. 1 2. The controversy involved in this appeal is a short one as would be clear from the facts stated infra.3. The appellant is a premier technical educational institute of repute in the country. It is known as Birla Institute of Technology (BIT).4. Respondent No.4 joined the appellantInstitute as Assistant Professor on 16.09.1971 and superannuated on 30.11.2001 after attaining the age of superannuation.5. Respondent No....
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