Court : Supreme Court of India
ORDER1. Appellant five in number, in both the appeals, feeling aggrieved by the judgment and order of conviction dated 7/5/2008 passed in Criminal Appeal No.919-DB/2006 by Division Bench of High Court of Punjab and Haryana at Chandigarh, arising out of the judgment and order of conviction dated 24/11/2006 and order of sentence dated 25/11/2006 pronounced by Additional Sessions Judge, Bhiwani, convicting them for commission of offences under Sections 302/149 of the IPC and awarding sentence to undergo RI for life, together with fine of Rs.2,000/-, are before us challenging the same on variety of grounds.2. It may be mentioned herein that initially charge-sheet was filed only against four accused namely Nanhar, Virender @ Binder, Rampat and Rajbir @ Meda under Sections 306/34 IPC. The name of the fifth accused Umed Singh was added subsequently by the Trial Court on an application being filed by the prosecution under Section 319 of the Code of Criminal Procedure and allowed on 3.6.2004. T...
Tag this Judgment!Court : Supreme Court of India
ORDER1 Heard counsel on either side at length. Records perused. 2 Even though both sides had cited several decisions of this Court on the scope and application of Section 5 of the Limitation Act, but it is neither necessary nor required to deal with those cases in the peculiar facts and circumstances of this case.3 Land belonging to Respondent Nos. 1 to 4 was acquired by the appellant Improvement Trust, Ludhiana, for development scheme popularly known as "550 Acres Scheme". Reference Court had passed the Award and fixed the amount of compensation at rupees 4,27,068.20 paise together with interest at the rate of 9% per annum from the date of the issuance of the notification in favour of Respondent Nos. 1 to 4. The appellant did not deposit the amount. Respondent Nos. 1 to 4 had to approach the Executing Court for recovery of the amount awarded. The property described as Khewat No.867 Khautani No.971 Khasra No.272 admeasuring 7K-18M entered in jamabandi for the year 1988-89 in village Ja...
Tag this Judgment!Court : Supreme Court of India
1. This is a unique case which reveals that an influential person can have allotment of a residential plot in discretionary quota within 48 hours of submission of application and then assert in Court that she has a right to have a land on a throwaway price and not to deposit the sale price for quarter of a century.2. This appeal has been preferred against a Judgment and Order dated 21.12.1999 in Writ Petition No. 4763 of 1992 of the High Court of Punjab & Haryana at Chandigarh, dismissing the petition against the Demand Notice of additional price for residential plot.3. Facts and circumstances giving rise to this case are that the appellant made an application on 23.02.1987 for allotment of a residential plot in Urban Estates, SAS Nagar, Punjab. The Administration, vide letter dated 25.02.1987, issued the allotment letter in favour of the appellant in respect of plot No. 702, measuring 400 sq. yards in Sector 70 Urban Estate SAS Nagar, making it clear that as the proper calculation cou...
Tag this Judgment!Court : Supreme Court of India
1. The present appeal has been preferred against the Judgment and Order of the Orissa High Court dated 26.10.2005 passed in OJC Nos. 10582, 11262, 11268, 11269, 11271, 11273, 11275, 11279, 11280, 11324 & 11326 of 2000, by which the High Court dismissed the Writ Petition filed by the State of Orissa/Appellant against the Judgment and order of the Orissa Administrative Tribunal, Cuttack (hereinafter called as, "the Tribunal") dated 7.4.2000 issuing direction to the appellant to appoint all the persons whose names appeared in the panel for the selection on the post of Junior Clerk held in 1995.2. Facts and circumstances giving rise to the present appeal are that in order to fill up 15 posts of Junior Clerks in District Sonepur, applications were invited by an advertisement dated 25.06.1995. The advertisement made it clear that number of vacancies could be increased. The respondents applied in pursuance of the said advertisement along with large number of persons and written examination wa...
Tag this Judgment!Court : Supreme Court of India
1. These appeals have been preferred by the Public Service Commission and the State Government of Uttaranchal being aggrieved of the judgment and order of the High Court of Uttaranchal, Nainital dated 26.10.2005 allowing the Writ Petition No.780 of 2003 (M/B) and directing the present appellants to appoint respondent No.1- Ms. Mamta Bisht as Civil Judge, Junior Division in the State of Uttaranchal.2. Facts and circumstances giving rise to these appeals are that Public Service Commission, Uttaranchal (hereinafter referred to as the `Commission') issued an advertisement dated 7.6.2002 inviting applications for 35 posts of Civil Judge, (Junior Division) with a stipulation that the number of vacancies may be increased or decreased. It clarified that the reservation policy adopted by the State i.e. reservation in favour of SC/ST/OBC and horizontal reservation in favour of handicapped, and women etc. belonging to Uttaranchal would be applicable. Respondent No.1 applied in pursuance of the sa...
Tag this Judgment!Court : Supreme Court of India
1. Both these appeals have been preferred by the appellants being aggrieved of the judgment and order of the Allahabad High Court dated 22nd July, 2003 passed in C.M.W.P. No.6644 of 1989 by which the High Court has allowed the Writ Petition filed by respondent No.1-Ugrasen quashing the allotment of land made in favour of appellant-Manohar Lal and further directed to make the allotment of land in favour of the said respondent-Ugrasen. 2. In these appeals, three substantial questions of law for consideration of this Court are involved, they are, namely: (a) As to whether the State Government - a Revisional Authority under the Statute, could take upon itself the task of a lower statutory authority?; (b) Whether the order passed or action taken by a statutory authority in contravention of the interim order of the Court is enforceable?; and (c) Whether Court can grant relief which had not been asked for? 3. Facts and circumstances giving rise to these appeals are that lands owned and posses...
Tag this Judgment!Court : Supreme Court of India
1. The present appeal has been preferred against the judgment and order dated 10.4.2006 passed by the High Court of Andhra Pradesh at Hyderabad in Second Appeal No.122/06 by which it dismissed the Second Appeal filed by the appellant affirming the judgments and order of the First Appellate Court dated 15.4.2005 passed in Appeal Suit No.121/2000 and of the Trial Court dated 28.7.2000 passed in O.S. No.26/94.2. Facts and circumstances giving rise to this Appeal are that the respondents herein filed Original Suit No.26/94 for seeking declaration of title and possession of the suit land admeasuring Ac.8.90 cents situate within the erstwhile jamindari of Tarla Estate in Srikakulam District and for other consequential relief, i.e. permanent injunction from interfering in any manner with the peaceful possession and enjoyment of suit land, before the Senior Civil Judge at Sompeta. The appellants/defendants filed written statement contending that the suit land being forest land had vested in th...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted in SLP (C) Nos. 21043/2008, 20912/2009 and 3986/2010. In all the aforesaid Civil Appeals, common questions of law are involved and, therefore, they are heard together. Questions involved in all these cases are as under:(i) As to whether persons who hold either the degree or diploma of "Vaidya Visharad" or "Ayurved Ratna" from Hindi Sahitya Sammelan Prayag/Allahabad which are not included as recognized qualification in Schedule II of the Indian Medicine Central Council Act, 1970 (hereinafter called as the `Act 1970') have a right to practice in medical sciences. (ii) As to whether cut off date i.e. 1967 as per Entry No.105 in the Second Schedule of the Act,1970 is arbitrary and thus, liable to be quashed.(iii) As to whether restriction imposed under the Central Act from practicing, unless names appear in the Central Register, is violative of Article 14 of the Constitution of India with reference to the State Act.2. Facts and circumstances giving rise to Civil Appeal Nos...
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