Court : Supreme Court of India
1. This appeal has been filed under Section 10 of the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter referred to as `the Special Court Act of 1992') challenging the order dated 28.11.2005 passed by the Special Court constituted under the Special Courts Act 1992 bearing Miscellaneous Application No. 536 of 2005 whereby the Special Court was pleased to reject the application summarily indicating that the application of the appellant for certification of shares by the respondent - Custodian had been received on 27.8.2005 after the cut off date for the certification due to which it could not be entertained.2. The question inter alia which arises for consideration in this appeal may be crystallised and stated as to whether the Special Court was right in rejecting the application of the appellant-investor seeking certification of the tainted shares on the ground of delay due to violation of cutoff date in spite of absence of a statutory provi...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. Whether the cut off dates specified in clauses (4) and (5) of Regulation 5 of the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2007 (for short, "the 2007 Regulations") as amended by Notification F. No.48-3/(1)/2008/NCTE/N&S.; dated 1.7.2008 for submission of application for recognition and disposal thereof are mandatory and whether the learned Single Judge of the Rajasthan High Court, Jaipur Bench was justified in issuing directions, which have the effect of obliterating the cut off dates are the questions which arise for consideration in these appeals filed by the National Council for Teacher Education and its functionaries (hereinafter described as "the appellants") against judgment dated 13.5.2009 of the Division Bench of the High Court affirming the order of the learned Single Judge. Scheme of the Act and the Regulations:3. With a view to achieve the object of planned and coordinated development for the teacher education...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. This Appeal is directed against the judgment and order dated 5th March, 2010, passed by the Nagpur Bench of the Bombay High Court in Crl. W.P. No.588 of 2009, inter alia, directing the Appellant to vacate her matrimonial house and confirming the order of the Sessions Judge deleting the names of the other Respondents from the proceedings.3. The Appellant herein was married to the Respondent No.1 on 20th January, 2005, and the marriage was registered under the provisions of the Special Marriage Act, 1954. After her marriage, the Appellant began to reside with the Respondent No.1 at Khorej Colony, Amravati, where her widowed mother-in-law and sister-in-law, the Respondent Nos.2 and 3 respectively, were residing. According to the Appellant, the marriage began to turn sour after about one year of the marriage and she was even assaulted by her husband and by the other respondents. It is her specific case that on 16th June, 2007, she was mercilessly beaten b...
Tag this Judgment!Court : Supreme Court of India
1. This Writ Petition under Article 32 of the Constitution had been initially filed challenging the constitutional validity of the Haj Committee Act 1959, but thereafter by an amendment application the Haj Committee Act of 2002 which replaced the 1959 Act, has been challenged. 2. The ground for challenge is that the said Act is violative of Articles 14, 15, and 27 of the Constitution. The grievance of the petitioner is that he is a Hindu but he has to pay direct and indirect taxes, part of whose proceeds go for the purpose of the Haj pilgrimage, which is only done by Muslims. For the Haj, the Indian Government inter alia grants a subsidy in the air fare of the pilgrims.3. Particular emphasis has been given by the petitioner to Article 27 of the Constitution which states:-"27. Freedom as to payment of taxes for promotion of any particular religion.--No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion...
Tag this Judgment!Court : Supreme Court of India
1. This appeal is directed against the final order of the High Court of Delhi dated 19th December, 2002 passed in Criminal Appeal No. 169 of 1999, whereby the accused Dr. Mahender Singh Dahiya has been acquitted of the charges under Sections 302 and 201, Indian Penal Code (for short `IPC') by setting aside the judgment of the trial court whereby he had been convicted under Sections 302 and 201 IPC and sentenced to imprisonment for life and fine of Rs.5,000/- for the offence under Section 302 IPC and also imprisonment for seven years and fine of Rs.5,000/- for offence under Section 201 IPC.2. Before the trial court, the prosecution had succeeded in proving that Dr. Mahender Singh Dahiya (hereinafter referred to as `the respondent') had committed the murder of his wife Namita, a British national of Indian origin, on the intervening night of 27th/28th May, 1979. The murder was allegedly committed on the very first night of the honeymoon in room No. 415, Hotel Arenberg, Brussels, Belgium. ...
Tag this Judgment!Court : Supreme Court of India
1.In these civil appeals, the dispute is primarily over the quantum of the market value of the land acquired by the Government of Karnataka (hereinafter `the said Government'). 2. Pursuant to a notification issued under Section 4 (1) of the Land Acquisition Act, published in the Karnataka Gazette on 16.05.1991 an extent of 76 acres and 10 guntas of land situated in Gadag were acquired for Karnataka Housing Board (hereinafter `the Board'). The Land Acquisition Officer determined the market value at Rs.35,000/- per acre and passed an award to that effect on 5th March, 1994. Assailing the said quantum, the landowners filed a reference. The Reference Court on a detailed consideration of the matter and after examining 22 witnesses and scrutinizing about 35 documents, which were made exhibits, fixed the market value of the acquired land at Rs.14,500/- per gunta, apart from granting other statutory benefits. 3.The operative portion of the order of the Reference Court is set out below: "1. Ref...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. By this judgment and order, we propose to dispose of the aforesaid appeal which is filed by the appellant herein after being aggrieved by the judgment and order passed by the High Court in RSA No. 2698 of 2008 affirming the judgment and decree passed by the trial Court in Civil Suit No. 160 of 2003 which was affirmed by the First Appellate Court in Civil Appeal No. 92 of 2007. These facts, therefore, make it crystal clear that the present appeal is directed against the concurrent findings of fact of the High Court, the first Appellate Court i.e. the judgment of the Additional District Judge and the trial court which was the Court of Civil Judge (Junior Division).3. In order to appreciate the contentions raised before us by the learned counsel appearing for the appellant, it would be necessary to set out certain basic facts leading to filing of the present appeal.4. The suit was filed by the respondent herein contending inter alia that all the six persons including r...
Tag this Judgment!Court : Supreme Court of India
1. Delay condoned in SLP (Civil) No. 18031 of 2009. Leave granted in both petitions.2. The appellants have preferred these two appeals, by special leave, because consequent upon the judgment and order passed by the High Court of Orissa at Cuttack, they are likely to lose their job of more than 14 years with the Mahanadi Coalfields Limited (for short, `MCL').3. MCL is a Government of India undertaking. By the end of 1993, 38 vacancies of Mazdoors, Category-I (I.T.I.) had occurred in the MCL. MCL sent a requisition to the local employment exchange for sending a list of eligible candidates for filling up the said vacancies. The local employment exchange, in response to that requisition, sponsored 664 candidates. Out of these 664 candidates, 375 candidates submitted their biodata. After scrutiny of the biodata of these candidates, MCL called 316 candidates for the written test. Pursuant thereto, 289 candidates appeared for the same on October 29, 1995. They were also called for trade test ...
Tag this Judgment!Court : Supreme Court of India
1. These appeals are directed against the order of Delhi High Court whereby the High Court dismissed the Writ Petition filed by the appellants and refused to quash the FIR bearing No. RC SID 2004 E 001 registered by the CBI against the appellants.2. In order to appreciate as to whether the impugned order suffers from any infirmity, few relevant facts leading to filing of these appeals may have to be noticed. RELEVANT FACTS3. The appellant No. 1--M/s Bowrings Fine Art Auctioneers Pvt. Ltd. had auctioned a number of paintings on 20th November, 2002. Two paintings titled "Reconciled" by Frederico Andreotti and "The kill" by George D. Rowlandson were purchased by M/s Tony Haynes of England. The said two paintings were to be exported. The Customs authorities had detained these paintings on the suspicion that the said paintings were antiques within the meaning of the provisions of the Antiquities and Art Treasures Act, 1972 (hereinafter referred to as `the Act'). The said paintings were exam...
Tag this Judgment!Court : Supreme Court of India
1. This appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against the judgment of the High Court of Judicature at Allahabad in Criminal Appeal No. 2514 of 1982 whereby the High Court allowed the appeal preferred by the State and accordingly reversed the judgment and order of acquittal passed by the trial Court under Sections 147, 148, 302/149, IPC. The High Court having convicted the accused, sentenced them to life imprisonment.2. During the pendency of the appeal preferred by the State in the High Court, the accused Awadhoo (A-1) and Birbal (A-3) died and the appeal against them was ordered to be abated. This appeal is preferred by Durbal, accused No. 2.3. In order to appreciate as to whether the judgment of the High Court reversing the order of acquittal, requires any interference at our hands, we may have to notice the prosecution case in brief:The origin of the prosecution case lies in an altercation between the ac...
Tag this Judgment!