Court : Supreme Court of India
Decided on : Jul-25-2019
..... confessed. phurba lepcha (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 investigating officer ..... the deceased 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, it would be ..... palzor bhutia (pw-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 of the ..... was lodged by bhola mohanta (pw-1), brother of the deceased, on december 28, 2004. the original fir was lodged in bengali language (exh. 1), which was later translated in nepali language. bhola mohanta (pw-1) in his statement has stated that his brother had gone to rabom power house at lachung along with page 1 of 163) his family with .....
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 : Nov-14-2019
Reportable IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION Review Petition (Crl.) No.46 of 2019 IN Writ Petition (Crl.) No.298 of 2018 YASHWANT SINHA & ORS. .Petitioners Versus .Respondents INTERVENTION APPLICATION, CENTRAL BUREAU OF INVESTIGATION Through its DIRECTOR & ANR. (I.A. No.69008/2019 CLARIFICATION/DIRECTION, I.A. No.69006/2019 I.A. No.71047/2019 PRODUCTION OF RECORDS and I.A. No.69009/2019 STAY APPLICATION) WITH MA582019 in W.P.(Crl.) No.225/2018 (PIL-W) (I.A. No.182576/2018 CORRECTION OF MISTAKES IN THE JUDGMENT) R.P.(Crl.) No.122/2019 in W.P.(Crl.) No.297/2018 (PIL-W) 1 No.29248/2019 CRIMINAL INITIATING MA4032019 in W.P.(Crl.) No.298/2018 (PIL-W) (I.A. PROCEEDINGS U/S340OF CRPC) R.P.(C) No.719/2019 in W.P.(C) No.1205/2018 (PIL-W) CONMT.PET.(Crl.) No.3/2019 in R.P.(Crl.) No.46/2019 in W.P.(Crl.) No.298/2018 (PIL-W) (I.A. No.63168/2019 EXEMPTION FROM FILING O.T., I.A. No.71678/2019 EXEMPTION FROM FILING O.T. and I.A. No.66253/2019 EXEMPTION FROM F...
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 : Oct-14-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10194 OF2013STATE OF UTTARAKHAND & ORS. Appellant(s) VERSUS Respondent(s) S.K. SINGH & ORS. IA No.88765/2018 WITH C.A. No.1317 of 2015 C.A. No.11307 of 2013 IA No.7/2016 JUDGMENT SANJAY KISHAN KAUL, J.Civil Appeal No.10194/2013 1. The dispute pertains to the Irrigation Department cadre of the Uttarakhand State, for promotion from the post of Junior Engineer (for short JE) to the post of Assistant Engineer (for short AE), with two groups of these JEs arrayed on opposite sides one having the 1 qualification of Diploma and the other having the qualification of Degree in Engineering. The promotion quota (the promotion quota is for AEs - they are also being directly recruited) has carved out a provision for accelerated promotion to the extent of 7.33% for the JEs holding a more advanced qualification, of a Degree in Civil Engineering, with which the JEs holding a qualification of Diploma are aggrieved. F...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 937 OF2011FAINUL KHAN ...APPELLANT(S) STATE OF JHARKHAND AND ANOTHER VERSUS WITH ...RESPONDENT(S) CRIMINAL APPEAL NO(s). 938 OF2011SAINUL KHAN ...APPELLANT(S) VERSUS STATE OF JHARKHAND AND OTHERS ...RESPONDENT(S) CRIMINAL APPEAL NO(s). 939 OF2011MIR SHAUKAT ...APPELLANT(S) VERSUS STATE OF JHARKHAND AND ANOTHER ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.The appellants are aggrieved by their conviction under Section 302/149 of the Indian Penal Code (IPC) sentencing them to rigorous imprisonment for life, along with conviction 1 under Sections 323/149 and 147 IPC, sentencing them to varied terms of imprisonment under the same. The sentences have been directed to run concurrently.2. The occurrence is said to have taken place on 01.11.1983 at about 06.30 PM. The accused were variously armed with spears and lathis. P.W. 7 and 8 are stated to be injured eye witnesses. P.W6also claimed to be an eye wi...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-23-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).6295 OF2015The Authorised Officer, Indian Bank ..Appellant(s) D. Visalakshi and Anr. Versus With .Respondent(s) Civil Appeal No(s) 75547555 of 2019 (Arising out of SLP (C) No(s).1243012431 of 2015) Criminal Appeal No(s) 14631464 of 2019 (Arising out of SLP (Crl.) No(s).393394 of 2019) Civil Appeal No(s) 7557 of 2019 (Arising out of SLP (C) No(s) 23193 of 2019) (Arising out of Diary No(s).47134 of 2018 Civil Appeal No(s) 7558 of 2019 (Arising out of SLP (C) No(s).7121 of 2019) Criminal Appeal No(s) 1465 of 2019 (Arising out of SLP (Crl.) No(s).3507 of 2019) Criminal Appeal No(s) 1478 of 2019 (Arising out of SLP (Crl.) No(s).3689 of 2019) Criminal Appeal No(s) 1466 of 2019 (Arising out of SLP (Crl.) No(s).4351 of 2019) Criminal Appeal No(s) 1467 of 2019 (Arising out of SLP (Crl.) No(s).4293 of 2019) 2 Criminal Appeal No(s) 1468 of 2019 (Arising out of SLP (Crl.) No(s).4387 of 2019) Criminal Appeal ...
Tag this Judgment!Court : Supreme Court of India
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 : Jul-30-2019
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE Civil Appeal No(s). 5943-5945 of 2019 (@SLP(C) Nos. 28719-28721 of 2015) Indsil Hydro Power & Manganese Ltd Appellant(s) Versus State of Kerala & Ors Etc Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J12 Leave granted. These appeals arise from the judgment of a Division Bench of the High Court of Kerala dated 21 August 2015. The High Court has dismissed the writ proceedings instituted by the appellant under Article 226 of the Constitution of India. 3 On 7 December 1990, the State of Kerala issued G.O (Ms) No.23/90/PD by which private entities were permitted to construct and operate Hydel Power Projects for the generation of power, subject to certain conditions. These conditions, broadly speaking were: The Private Agencies would be allowed to set up sanctioned hydel schemes at their own cost. Where the power scheme is located in an area owned by the 2 Respondents, the land would be leased for a period of 30...
Tag this Judgment!