Court : Supreme Court of India
Reported in : JT2009(12)SC626; 2009(13)SCALE42
V.S. Sirpurkar, J.1. This judgment will govern Criminal Appeal No. 673 of 2001, filed by one Sonali Mukherjee, original accused No. 1 (hereinafter called 'A-1' for short), who stood convicted by the Second Additional Sessions Judge, Pondicherry and Madras High Court and Criminal Appeal Nos. 835-836 of 2002 filed by one Dr. Battacharya, the father of one Biswajit (deceased), challenging the acquittal of one Assadid Poddar (respondent No. 2 in Criminal Appeal Nos. 835-836 of 2002), original accused No. 2 (hereinafter called 'A-2' for short) by the Madras High Court, as also modification of the conviction of Sonali Mukherjee (A-1) from Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) to Section 304 Part (I) IPC and imposing lesser sentence.2. Both Sonali Mukherjee (A-1) and Assadid Poddar (A-2) were tried on the allegation that both of them had developed illegal intimacy between them, as a result of which, they (the accused persons) committed murder of Bis...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2010)ILLJ11SC
ORDER1. Leave granted.2. Heard both sides.3. The appellant was a Sub-Inspector of Police working in the Indira Gandhi International Airport, New Delhi. Disciplinary proceedings were initiated against him in the year 2005 alleging that the appellant was found in a drunken condition while on shift duty from 0700 hrs. to 1300 hrs. at the Indian Airlines Cargo gate. The immediate superior officer of the appellant, on reaching the office, felt smell of alcohol and suspected that the appellant must have been in a drunken condition. The Assistant Commandant ordered to take the appellant to the airport dispensary for medical check- up. The doctor on duty examined him and stated that the appellant was conscious though incoherent in speech, his pupil were equal and normal, his pulse and B.P. was normal and there was an element of doubt about alcohol and suspicion of mild smell of alcohol and for confirmation he was referred to Safdarjang Hospital for further medical check up. The appellant conte...
Tag this Judgment!Court : Supreme Court of India
ORDER1. Heard learned Counsel for the petitioner and also learned Counsel for the 1st Respondent. Learned Counsel for the State is not present when the matter is heard.2. The petitioner had applied for a mining lease in respect of certain property comprised in Khasra No. 316 and the petitioner was granted the mining lease Nos. 53/01 and 54/01 near village Khatukara in District Pali, Rajasthan. Prior to grant of mining lease it is alleged that the petitioner had obtained permission from the local panchayat and also from the Mining Department and this matter was brought to the notice of the concerned District Collector. It appears that the Collector did not raise any objection to the lease. One of the persons who had allegedly been doing illegal mining operations, filed a petition before the High Court alleging that the petitioner herein has been doing illegal mining activity in a hillock and thereby causing extensive damage to the water flow in that area and also the environment of the ...
Tag this Judgment!Court : Supreme Court of India
ORDERI.A. No. ... in I.A. No. 2647 in Writ Petition (Civil) No. 202 of 19951. List on 09.10.2009. I.A. No. ... in Writ Petition (Civil) No. 202 of 19952. List on the next date of forest hearing.I.A. No. D 2416/09 in I.A. No. 941 Writ Petition (Civil) No. 202 of 19953. List along with Orissa Saw Mill Matters.I.A. No. 2601 in Writ Petition (Civil) No. 202 of 19954. List on 30.10.2009.I.A. No. 2702 in Writ Petition (Civil) No. 202 of 19955. List on 30.10.2009.I.A. No. 1868 in Writ Petition (Civil) No. 202 of 19956. List on 23.10.2009 instead of 9.10.2009.I.A. No. ... /09 in I.A. No. 2608/09 in I.A. No. 2016/2007 in Writ Petition (Civil) No. 202 of 19957. In the record of proceedings dated 11.09.2009, the para beginning with 'In place of....' and ending with 'as Member of the C.E.C.' the following para may be read:In place of Sri P.R.Mohenty, who was holding the office of Director General of Forests and Special Secretary in the Ministry of Environment and Forests (MoEF) and whose term has ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR452; JT2009(12)SC291; 2009(12)SCALE678; (2009)10SCC425; 2009(9)LC4372(SC):2009AIRSCW6124
H.L. Dattu, J.1. These appeals are directed against the decision of Bombay High Court in Writ Petition No. 519 of 1987 dated 12.02.1998 and the order passed in Civil Application No. 5701 of 2000 in Writ Petition No. 519 of 1987 dated 30.8.2001. By the impugned order, the High Court, has dismissed both the writ petitions and also the civil application.2. The facts leading to these appeals are as under:Mr. Salehbhai Alibhai Rangwala was the owner of a building then known as Mohamedali Mansion, situated at 241, Princess Street, Bombay. The Flat No. 2-B on the second floor of the building, (hereinafter referred to as `the suit premises') had been let out to one Dosabai, the brother of Ms. Dhanbai Batliwala, (hereinafter referred to as the `deceased-tenant'), on a monthly rent of Rs. 104.10 paisa. Dhanbai was staying with her brother in the suit premises. After the death of her brother in the year 1953, Dhanbhai became the tenant of the suit premises by virtue of Section 5(11)(c)(i) of the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC4186(SC); JT2009(12)SC335; 2009(12)SCALE604; (2009)10SCC446; 2009(9)LC4318(SC)
Dalveer Bhandari, J.1. Leave granted.2. The appellant Bharat Petroleum Corporation Limited has filed this appeal against the judgment of the High Court of Delhi passed in writ petition No. 5532 of 2007 dated 29th October, 2007.3. It is imperative to evaluate the historical perspective in order to properly appreciate main issue involved in this case. The notification No. GSR 686 (E) dated 20th October, 2004 is in issue by which Sub-rule (14) was inserted in Rule 115 of the Central Motor Vehicles Rules, 1989. This sub-rule prescribed the mass emission standards (Bharat Stage-III which is popularly called Euro-III)) for four wheeled vehicles. This notification was based on the judgment of this Court in M.C. Mehta v. Union of India and Ors. : (1998) 6 SCC 63 The relevant portion of the notification dated 20th October, 2004 reads as under:(1) These rules may be called the Central Motor Vehicles (Fourth Amendment) Rules, 2004. (2) They shall come into force- (a) in the National Capital Regio...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(12)SC298; 2009(12)SCALE577
Harjit Singh Bedi, J.1. This appeal by way of special leave arises out of the following facts:2. At about 7 a.m. on the 11th July 1977 deceased Chhota Singh was on his way from his residential house to the nearby Devi Ji Mandir for the purpose of supervising the repairs of the chabutra of the temple. The four accused, namely Ashok Singh, Shiv Raj, Shyam Saran Singh and Sheo Narayan were hiding near the flour mill, all armed with guns. Shiv Raj and Sheo Narayan gave a lalkara that Chhota Singh be killed and on this call Ashok Singh and Shyam Saran Singh fired at him on which he fell down at a short distance from his residential house and succumbed to his injury. The incident was witnessed amongst others by Rameshwar Singh (PW3) son of the deceased and Durjan (PW4). After the assailants left the scene, Chhota Singh was shifted from the place where he lay dead. Rameshwar Singh (PW3) rushed to the Police Station and lodged a report with Police Station Hasan Ganj at 9.30 a.m. where after Ra...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC488; JT2009(12)SC385; (2009)8MLJ441(SC); 2009(12)SCALE668; (2009)10SCC103; 2009(9)LC4335(SC):2009AIRSCW7041; 2009(5)LHSC3479.
R.M. Lodha, J.1. Leave granted.2. The core question that falls to be determined in this appeal by special leave is : does the arbitration agreement survive for the purpose of resolution of disputes arising under or in connection with the contract even if its performance has come to an end on account of termination due to breach ?3. MAGMA Leasing Limited Public United Company (for short, `MAGMA') is a financial institution engaged in the business of providing funds for purchase of plant and machinery and other assets by way of hire purchase. Smt. Potluri Madhavilata-respondent No. 1 (hereinafter referred to as `hirer) entered into an agreement of hire purchase with MAGMA for purchase of a motor vehicle (Bolero Camper-AP 16 TV 1263) on January 31, 2005. As per the terms of hire purchase agreement, the hirer was required to pay hire purchase price in 46 installments. It appears that the hirer committed default in payment of few installments and as a result thereof, MAGMA seized the said v...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR3095; JT2009(12)SC300; 2009(12)SCALE580; 2009(9)LC4499(SC)
Harjit Singh Bedi, J.1. The appellant was convicted under Section 302 of the IPC for having murdered his wife, four minor daughters and a minor son all between 1 and 16 years of age and was sentenced to death by the Additional Sessions Judge, Manasa by judgment dated 24th April, 2006. On an appeal and reference to the High Court, the conviction and sentence has been maintained leading to the present appeal. The prosecution story is as follows:2. At about mid night of the 19th August, 2005 PW1 Ramprasad, the brother of the appellant, on being informed by PW-4 Balchand that he had heard a huge commotion from the appellant's house, rushed that side and looking through the window saw the appellant sitting in the room with a bloodstained knife in his hand and his clothes soiled in blood and the dead bodies of his wife Amribai, and daughters Karibai, Vidhyabai, Rajubai and Rachna aged 16 years, 12 years, 8 years and 6 years respectively and his son Dilkhush aged 1 year lying besides him. Ram...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(13)SC164; (2009)8MLJ1175(SC); 2009(13)SCALE510; (2009)10SCC455; 2009(9)LC4392(SC); 2009AIRSCW7580
Asok Kumar Ganguly, J.1. Leave granted.2. The subject matter of challenge in this proceeding is the judgment and order dated 21.02.2006 whereby the learned Judges of the Division Bench held that the controversy in this case is covered by the Division Bench judgment of Kerala High Court in O.P. No. 18225 of 1997 P.A. Kuruvila and Ors. v. State of Kerala decided on 15.12.1999 and also by another decision of the High Court in Abdulrahiman v. Tirur Municipality 2001 (2) KLT 716. In the judgment of the learned Single Judge of the High Court dated 8.7.2004, from which appeal was taken to Division Bench, the learned Single Judge also dismissed the writ petition by referring to certain judgments. In paragraph 5 of the judgment of the learned Single Judge it was held that looking at the nature of the arrangement between the parties it has to be held that it is a lease despite a different nomenclature being given to it.3. However, before this Court the matter has been argued at length. After hea...
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