Court : Supreme Court of India
1. Leave granted.2. Being aggrieved by the Judgment and Order dated 7th February, 2005 in CWP No.3267 of 2004 passed by the High Court of Punjab and Haryana at Chandigarh, this appeal has been filed by Khalsa High School, Mansa, District Mansa, Punjab, through its Manager. 3. The facts giving rise to the present litigation in a nutshell are as under:4. Respondent nos. 3 to 7 were appointed on probation as teachers by the management of the appellant's school. They were appointed on probation with a clear understanding that they were to remain on probation for a period of one year and if during the said period of probation, their work was not found to be satisfactory, their services would be terminated. The said fact had been incorporated in their appointment orders and the said understanding was also in consonance with the provisions of Rule 8 of the Punjab Privately-Managed Recognized Schools Employees (Security of Services) Rules, 1981 (hereinafter referred to as `the Rules'). As work...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. According to the appellant Safiya Bee, vide a registered Sale Deed dated 5th February, 1969, she had purchased from one Mohd. Hussain houses bearing Nos. 2-5-254, 2-5-255 and 2-5- 256 along with the appurtenant lands. The respondent Mohd. Vajahath Hussain alias Fasi forcibly occupied the house bearing No. 2-5-256 (re-numbered as 4-3-65). The building has a plinth area of 1114 sq.ft. and the appurtenant vacant land has an area of 9341 sq.ft. Alleging that the respondent is a `land grabber', the appellant filed L.G.O.P. No. 5 of 1990 under Section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as "the Act") before the Special Tribunal, Adilabad seeking possession of the house and the appurtenant land from the respondent. The respondent contested L.G.O.P. No. 5 of 1990 and contended that he was not a land grabber, that he, his mother and his brothers were in possession of the disputed property in their own rights under law and ...
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This appeal arises out of the following facts:1. The accused Hari Singh of village Suthari was running a brick kiln on the outskirts of the village. Subsequently, one Randhir Singh installed another brick kiln nearby. Hari Singh and his brothers, however, did not allow Randhir Singh to run his brick kiln effectively and ultimately Randhir Singh sold his brick kiln to Gulab Singh deceased some three months prior to the incident. About 15 days prior thereto, Hari Singh and his brother Mohar Singh clandestinely removed a large number of bricks from Gulab Singh's brick kiln and on being questioned by him they told him that they would not allow his kiln to run. On the night intervening 7th and 8th June, 1980 at about 1.00 a.m. Gulab Singh was asleep in the verandah of his house when Hari Singh armed with a lathi and Mohar Singh with a country made pistol entered the house and the latter fired a shot at Gulab Singh. On hearing the sound, Prem Pal PW-1, the son of the deceased and Kalu @ Anan...
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1. Leave granted.2. Feeling aggrieved by refusal of the Division Bench of the Delhi High Court to entertain the writ petition filed by them for a court monitored investigation by the Central Bureau of Investigation (for short, `the CBI') or a Special Investigating Team into what has been termed as `2G Spectrum Scam' for unearthing the role of respondent No.5-Shri A. Raja, the then Union Minister for the Department of Telecommunications (DoT), senior officers of that department, middlemen, businessmen and others, the appellants have invoked the jurisdiction of this Court under Article 136 of the Constitution.3. After issue of notice by this Court on 13.9.2010, the parties have filed affidavits and large number of documents including performance audit report (draft and final) prepared by the Comptroller and Auditor General of India (CAG) on the issue of licences and allocation of 2G Spectrum by the Department of Telecommunications, Ministry of Communications and Information Technology fo...
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This appeal arises out of the following facts :1. The deceased Anuradha, and the appellant Subhash, a resident of Mahendargarh in the State of Haryana, were married at Ganga Nagar in the State of Rajasthan on the 1st February 1984. At the time of the marriage, Kishori Lal PW-2 the father of the bride, a retired Sub-Inspector of the Rajasthan Police, spent a large amount of money and also provided appropriate dowry articles to her. It appears, however, that the accused i.e. the husband Subhash, his father Siri Ram, his brothers Sudesh and Sukesh, and Kusum, his sister were dissatisfied with the dowry articles, and Subhash made an independent demand for a scooter. Anuradha upset with her husband and in-laws, returned to her parents home but returned to Mahendargarh after staying at Ganga Nagar for a day. Rajinder Gaur PW-10 her brother, and his wife also visited Mahendargarh after about 5 or 7 days and the accused at this stage raised a demand for a refrigerator, a cooler and a colour TV...
Tag this Judgment!Court : Supreme Court of India
1. This is an appeal against the order dated 04.03.2002 of the Division Bench of the High Court of Punjab & Haryana dismissing Civil Writ Petition No.3733 of 2002. During the pendency of this appeal respondent No.4 Ramesh Chand Girdhar died on 09.12.2009 and I.A. No.2 of 2010 has been filed to bring on record his legal heirs namely, Smt. Kiran Girdhar (wife), Shri Rajeev Girdhar (son), Shri Sandeep Girdhar (son) and Smt. Ruchi (daughter). This I.A. No. 2 of 2010 is allowed. I.A. Nos. 5 and 6 of 2010 have been filed by appellants claiming to be brothers and sisters of the appellant and they have prayed to be impleaded in the appeal. As the appellant represents the interest of the appellants, if any, in the suit property, we reject the prayers in I.A. Nos.5 and 6 of 2010.2. The facts of this case very briefly are that the mother of the appellant filed an application for recovery of rent and ejectment of the respondent No.4 before the Assistant Collector, First Grade, Ballabgarh, Faridaba...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. This appeal arises out of the judgment and order of the High Court of Delhi passed in Criminal Appeal No.63 of 1997 dated 12.11.2009.3. The brief facts giving rise to this appeal are as under: The appellant Sanjay Kumar Jain was married to Smt. Anju Jain (since deceased) on 20th February, 1990. After marriage, only both of them started residing at house No.2803, Gali No.6, Chander Puri, Kailash Nagar, Delhi. It is the case of the prosecution that the deceased was harassed for insufficient dowry and the harassment continued till her death. Admittedly, Smt. Anju Jain died within one year and two months of marriage on 10.4.1991.4. A call was received from one Nanak Chand, P.W.1 on 10.4.1991 at 8.50 p.m. at the police control room about the murder of the deceased and accordingly DD Entry No.11A was recorded. On reaching the spot, the police found Sub- Inspector Budh Sain along with police staff was already present there. A bunch of keys was provided by neighbor Sadhna P...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2011SC1158
1. These Special Leave Petition (C) Nos.33333- 33335 of 2010 arise out of a final judgment and order dated 15th November, 2010, passed by the Karnataka High Court at Bangalore in M.W.No.9995/10, M.W.No.10529/10, M.W.No.10698/10, W.P.No.32674/10, W.P.No.32675/10, W.P.No.32676/10, W.P.No.32677/10 and W.P.No.32678/10, allowing the writ petitioners' application, being Misc.W.No.9995 of 2010, praying for leave to amend a portion of paragraph 9 of the Writ Petitions. 2. The Writ Petitioners, D. Sudhakar, Venkataramanappa, Gulihatti D. Shekar, Shivaraj S. Thangadgi and P.M. Narendra Swamy, were all elected as independent Members in the General Elections held to the 13th Karnataka Legislative Assembly. After being elected, they supported the exercise undertaken by the Bhartiya Janata Party (hereinafter referred to as "B.J.P.") led by Shri B.S. Yeddiyurappa, leader of the B.J.P. Legislature Party, to form a Government in the State in May, 2008. The writ petitioners, who have been made the Respo...
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This appeal by way of special leave arises out of the following facts:1. At about 9.30 p.m. on the 3rd of April, 1979, Mohd. Ashfaq, a practicing Advocate, residing in Mohalla Kapoorpur of Ghazipur town, was returning home after visiting Suhasini Talkies. As he reached near the house of Saeed Khan, he found the four accused, Mukhtar, Abrar, Mateen and Usman, all armed with country made pistols, standing near the door of the house. Mohd. Ashfaq recognized them in the light of the torch that he was carrying. Apprehending danger, Mohd. Ashfaq ran towards his house which was close by, raising an alarm. The accused chased him shouting at each other that he should be done away with on which Abrar, the appellant herein, fired at him from the rear. The alarm raised by the victim attracted Muzur PW-6, Durga Ram PW-7 and one Bissu to the place of incident and they too saw the shot being fired. As per the prosecution story, the attack on the victim was on account of old enmity and litigation betw...
Tag this Judgment!Court : Supreme Court of India
1. At about 9.30 p.m. on the 3rd of April, 1979, Mohd. Ashfaq, a practicing Advocate, residing in Mohalla Kapoorpur of Ghazipur town, was returning home after visiting Suhasini Talkies. As he reached near the house of Saeed Khan, he found the four accused, Mukhtar, Abrar, Mateen and Usman, all armed with country made pistols, standing near the door of the house. Mohd. Ashfaq recognized them in the light of the torch that he was carrying. Apprehending danger, Mohd. Ashfaq ran towards his house which was close by, raising an alarm. The accused chased him shouting at each other that he should be done away with on which Abrar, the appellant herein, fired at him from the rear. The alarm raised by the victim attracted Muzur PW-6, Durga Ram PW-7 and one Bissu to the place of incident and they too saw the shot being fired. As per the prosecution story, the attack on the victim was on account of old enmity and litigation between him and the accused Mukhtar and Abrar. Mohd. Ashfaq was immediatel...
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