Court : Supreme Court of India
Decided on : Sep-10-2008
Reported in : 2008(12)SCALE301; 2008AIRSCW6342; 2008(8)SCC660
..... . on the basis of the misinterpretation of appellant's remarks as reported in certain sections of the media, the complainants also alleged that the appellant had deliberately insulted the 'gorkhali/nepali' community and hence he was liable to be prosecuted for an offence under section 153a of ipc. in furtherance of fir no. 125/2007, the inspector-in-charge, sadar p .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-2008
Reported in : AIR2009SC600; RLW2009(2)SC1364; 2008AIRSCW7744; 2008(6)LHSC4251
..... order of acquittal passed by the trial court in sessions trial no. 379 / 1996, whereby, appellants asif mamu and mukhtiyar malik @ javed, besides accused rajiulla khan and sheru @ sher khan nepali [in short 'asif', mukhtiyar', 'rajiulla' and 'sheru', respectively] were acquitted. criminal appeal no. 718 of 2007 arises out of the said common judgment of conviction passed by the high court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2008
Reported in : 2008ACJ747; AIR2008SC1385; 2008(2)ALD69(SC); 2008(56)BLJR790; 2008(5)BomCR373; (2008)1CompLJ185(SC); I(2008)CPJ56(SC); 2008(1)CTC392; JT2008(1)SC399; (2008)2MLJ662(SC); 2008AIRSCW855; 2008SC1385; 2008(2)SCC1; 2008ACJ747; 2008(1)ICC705; 2008(1)SCALE442; 2008(1)LH(SC)337.
R.V. Raveendran, J.1. This appeal is filed against the order dated 19.11.2003 passed by the National Consumer Disputes Redressal Commission (for short 'Commission') rejecting the appellant's complaint (O.P. No. 12/1996) under Section 21 of the Consumer Protection Act, 1986 ('Act' for short).Undisputed facts2. On 9.5.1995, the appellant, an unmarried woman aged 44 years, visited the clinic of the first respondent (for short 'the respondent') complaining of prolonged menstrual bleeding for nine days. The respondent examined and advised her to undergo an ultrasound test on the same day. After examining the report, the respondent had a discussion with appellant and advised her to come on the next day (10.5.1995) for a laparoscopy test under general anesthesia, for making an affirmative diagnosis. 3. Accordingly, on 10.5.1995, the appellant went to the respondent's clinic with her mother. On admission, the appellant's signatures were taken on (i) admission and discharge card; (ii) consent f...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-2008
Reported in : AIR2009SC1290; 2008BusLR335(SC); (2008)2MLJ1140(SC); 2008(3)SCALE24; (2008)4SCC380; [2008]82SCL435(SC); 2008(1)LC339(SC)
C.K. Thakker, J. 1. Leave granted. 2. Both these appeals have been instituted against common judgment and order passed by the Division Bench of the High Court of Judicature at Bombay (Original Side) dated February 20/21, 2006 in Appeal Nos. 449-450 of 2005 in Company Petition No. 857 of 2004. First appeal has been filed by Severn Trent Water Purification Inc. while the second appeal is filed by Chloro Controls (India) Pvt. Ltd. 3. The facts giving rise to the present appeals, in brief as noted by the Division Bench of the High Court are as follows. 4. Severn Trent Water Purification Inc., USA (hereinafter referred to as "Severn Trent") filed a petition for winding up the Capital Controls (India) Private Limited (hereinafter referred to as 'the Company') on just and equitable grounds under Section 433(f) of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The learned Company Judge by his order dated 21st April 2005 admitted the company petition. Aggrieved thereby two appe...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-2008
Reported in : AIR2008SC1661; JT2008(13)SC648; 2008(3)SCALE416; 2008AIRSCW1882
S.B. Sinha, J.1. These Appeals arising out of a common judgment.2. We would, at the outset, place on record that three trials were held one after the other and the judgments therein were delivered also one after the other in relation to an incident which took place one after the other but wherefor only one First Information Report had been lodged.3. On or about 30th June, 1999 at 2.30 p.m., Rachhpal Singh along with Sawinder Singh and Hardev Singh had an altercation with one Resham Singh S/o Subeg Singh. Rachhpal Singh inflicted a knife injury on the right wrist and chest of Resham Singh. He picked up the knife from which was with Pargat Singh II S/o Shangara Singh who was accompanying him. Resham Singh fell down. Hardev Singh and Sawinder Singh also allegedly inflicted 'dang' blows on Resham Singh. An alarm was raised by Resham Singh's father Subeg Singh. Resham Singh died on the spot.The said incident is the subject matter of Criminal Appeal No. 326 of 2007.4. As an off shoot to the ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-14-2008
Reported in : AIR2008SC1738; 2008(5)ALLMR(SC)424; 2008BusLR403(SC); [2008]143CompCas97(SC); (2008)2CompLJ496(SC); 2008(3)SCALE650; (2008)6SCC750; [2008]83SCL451(SC); 2008(1)LC583(SC); 2008AIRSCW2402; 2008(2)Supreme502; 2008(4)KCCRSN299
S.B. Sinha, J.1. Leave granted.2. M/s. Shree Bhaarathi Cotton Mills Private Limited is a company registered and incorporated under the Companies Act, 1956 (For short, 'the Act'). Out of the 2,84,000 equity shares in the company of Rs. 10/- each, 2,83,999 shares are held by the first respondent and his son (appellant herein). The remaining one share is held by M/s. Visva Bharathi Textiles Private Limited, shares in which again is held equally by the first respondent and the appellant. Thus, for all intent and purport, all shares of the company are held by the appellant and the first respondent. 3. Whereas the first respondent is the Managing Director of the Company, the appellant is the Director thereof. Indisputably the parties are not on good terms. 4. Respondent No. 1 filed an application purported to be under Sections 397 and 398 of the Act alleging several acts of oppression on the part of appellant herein before the Company Law Board, Additional Principal Bench, Chennai. The said ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2008
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
K.G. Balakrishnan, C.J.1. Reservation for admission in educational institutions or for public employment has been a matter of challenge in various litigations in this Court as well as in the High Courts. Diverse opinions have been expressed in regard to the need for reservation. Though several grounds have been raised to oppose any form of reservation, few in independent India have voiced disagreement with the proposition that the disadvantaged sections of the population deserve and need 'special help'. But there has been considerable disagreement as to which category of disadvantaged sections deserve such help, about the form this help ought to take and about the efficacy and propriety of what the government has done in this regard. 2. Pandit Jawaharlal Nehru, who presided over the Congress Expert Committee emphasized before the Constituent Assembly that the removal of socio-economic inequalities was the highest priority. He believed that only this could make India a casteless and cla...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-28-2008
Crawford v. Marion County Election Bd. - 07-21 (2008) SYLLABUS OCTOBER TERM, 2007 CRAWFORD V. MARION COUNTY ELECTION BD. SUPREME COURT OF THE UNITED STATES CRAWFORD etal. v . MARION COUNTY ELECTION BOARD etal. certiorari to the united states court of appeals for the seventh circuit No. 0721.Argued January 9, 2008Decided April 28, 2008* After Indiana enacted an election law (SEA 483) requiring citizens voting in person to present government-issued photo identification, petitioners filed separate suits challenging the laws constitutionality. Following discovery, the District Court granted respondents summary judgment, finding the evidence in the record insufficient to support a facial attack on the statutes validity. In affirming, the Seventh Circuit declined to judge the law by the strict standard set for poll taxes in Harper v. Virginia Bd. of Elections , 383 U. S. 663 , finding the burden on voters offset by the benefit of reducing the risk of fraud. Held: The judgm...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-30-2008
Reported in : AIR2008SC3182; 2008(5)CTC554; [2008(118)FLR438]; (2008)IIILLJ584SC; (2008)7MLJ490(SC); 2008(7)SCALE726; 2009(1)SLJ129(SC)
S.B. Sinha, J.1. Leave granted in both the matters.2. These two appeals arise out of a judgment and order dated 20th May, 2005 rendered by the Division Bench of the Orissa High Court at Cuttack in WP No. 2333 of 1991.3. Writ Petitioner (Respondent in appeal arising out of SLP ) No. 18997 of 2005 and Appellant in the connected appeal) was appointed as a Management Trainee in the Punjab National Bank (Bank). She was duly selected by the Banking Service Recruitment Board, Delhi. An offer of appointment was made to her favour on or about 28th July, 1986 inter alia on the following terms and conditions:2. TRAINING/PROBATION/CONFIRMATIONYou will be on training/probation for a period of 2 years from the date of your joining the Bank and you will be considered for confirmation in the service, subject to your satisfactory report on your training, passing Bank's confirmation test and receipt of satisfactory report from the Police authorities about your character and antecedents. You may also be ...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-16-2008
Reported in : AIR2009SC218; JT2008(8)SC184
S.B. Sinha, J.1. Leave granted.2. Validity of orders of recession of allotment of industrial plots and resumption thereof by the appellants herein is in question in this batch of appeals.3. With a view to appreciate the questions involved herein, the factual matrix of the matter, however, would be noticed from Civil Appeal arising out of SLP (C) No. 14074 of 2006.4. Appellant - Corporation is a public sector undertaking. Its principal function is allotment of industrial plots belonging to the State of Haryana. It was set up as a catalyst for promoting economic growth and accelerating the pace of industrialization. It not only provides financial assistance to the industrial concerns by way of term loans; it also develops infrastructure for setting up of industrial units. The Corporation also invests money in developing the industrial estates at strategic locations. In exercise of its functions, it also allots industrial plots to entrepreneurs for setting up their industries on 'no profi...
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