Court : Supreme Court of India
1. Delay condoned. 2. Leave granted. 3. Being aggrieved by the judgement and order dated 1st July, 2008 delivered in the CEA No. 59/2007 by the High Court of Karnataka at Bangalore, this appeal has been filed by the Revenue. 4. The respondent, a limited company, is a holder of Central Excise Registration and is a manufacturer of data processing machines and is also availing benefits under Modvat Scheme. On 25.10.1996, Superintendent of Central Excise visited the factory premises of the respondent-assessee for verification of the stock of inputs on which Modvat credit was availed. It was noticed that there was a vast difference between physical stocks available and that shown in RG23A Part 1 Register. The Managing Director of the respondent-assessee, in his statement dated 25.10.1996 given before the Superintendent of Central Excise, West Range, Mangalore, admitted that the actual physical stock of inputs and entries in the RG23A Part 1 Register did not tally because the respondent-asse...
Tag this Judgment!Court : Supreme Court of India
1. Delay condoned in S.L.P. (Crl.) No.1589 of 2008. 2. Leave granted. 3. These are two appeals against the order dated 26.10.2007 of the Madras High Court, Madurai Bench, in Criminal Original Petition No.10987 of 2007 directing that investigation into the case registered as Crime No.14 of 2006 with the District Crime Branch (DCB), Virudunagar, be entrusted to the Central Bureau of Investigation, Chennai (for short `the CBI'). 4. The facts briefly are that on 04.08.2006 a complaint was submitted by V. Engammal, who has been impleaded as a respondent in both the appeals (hereinafter referred to as `the complainant'), to the Superintendent of Police, Virudunagar District, Tamil Nadu. The complainant made following allegations in the complaint: P. Kalaikathiravan, appellant no.2 in criminal appeal arising out of SLP (Crl.) No. 1589 of 2008, who was the then S.I. of Town Police Station, told her and her husband that he was going to do the business of real estate and that they should become ...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2011)12SCC437
1) Leave granted.2) This appeal is directed against the final judgment and order dated 28.10.2010 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Petition No. 5928 of 2010 wherein the High Court allowed the criminal petition filed by Respondent Nos. 1-3 herein and quashed the criminal proceedings pending against them.3) Brief facts:(a) The appellant, who was a defacto complainant and Respondent Nos. 1-3 (accused persons) are the residents of Komaripalem village of East Godavari District. Though all of them belong to Congress Party, Respondent No. 1, Kovvuri Satyanarayana Reddy (A-1) and Respondent No. 2, Karri Venkata Mukunda Reddy (A-2) developed ill will against the appellant and were jealous of his gaining popularity within the party as well as in their area and neighbourhood. Respondent No. 3, Mallidi Chinna Veera Venkata Satyanarayana (A-3), was initially an associate of the appellant herein but later joined hands with A-1 and A-2.(b) In the year 2006, the...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. This is an appeal by way of special leave against the order dated 10.11.2006 of the Division Bench of the Madhya Pradesh High Court, Indore Bench, in W.A. No.244 of 2006.3. The brief facts of this case are that on 01.07.1969 the appellant was appointed as an Inspector in Liberty Insurance Company Limited. Under the General Insurance Business (Nationalised) Act, 1972 (for short `the Act'), Liberty Insurance Company was nationalized and merged in the respondent no.1-Company. The services of the appellant were absorbed in respondent No.1-Company and in September, 1984, he was promoted as Assistant Administrative Officer and posted at the Guna Branch as Assistant Branch Manager. In the year 1989, he was transferred to Indore and posted as Assistant Administrative Officer and thereafter as Divisional Accountant and in 1991 he was promoted to the post of Administrative Officer. The appellant then served a letter dated 16.09.1991 to the General Manager of respondent No.1- ...
Tag this Judgment!Court : Supreme Court of India
1. Delay condoned.2. Leave granted.3. This is an appeal against the order dated 18.02.2010 of the Division Bench of the Andhra Pradesh High Court dismissing Writ Petition No.1564 of 2010 of the appellant against the order dated 18.08.2009 of the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No.7377 of 2008.4. The facts briefly are that the respondent was working as a Bill Collector in the Municipal Corporation of Hyderabad. On 19.05.2007, he was placed under suspension by the Commissioner & Special Officer, Municipal Corporation of Hyderabad (for short `the competent authority), as it was reported by the Deputy Director, Anti-Corruption Bureau, C.I.U. and City Range Hyderabad, that he had demanded Rs.2,000/- from the complainant, M.R. Srinivas, for assessment of his house and had accepted the bribe. On 28.06.2001, the competent authority revoked the suspension of the respondent and reinstated him in service without prejudice to the prosecution pending against him and poste...
Tag this Judgment!Court : Supreme Court of India
1) This appeal is directed against the final judgment and order dated 02.07.2008 passed by the High Court of Judicature at Patna in L.P.A. No. 211 of 2008 whereby the Division Bench of the High Court declined to interfere with the order dated 07.02.2008 passed by the learned single Judge of the High Court in CWJC No. 11753 of 2007 and disposed of the appeal filed by the appellants herein.2) Brief facts:(a) In 1972, the Bihar State Housing Board (hereinafter referred to as the Board ) floated a Scheme for construction of Flats for Middle Income Group (in short MIG ) at Hanuman Nagar, Patna. Ram Chandra Prasad Verma (since expired) -the husband of the respondent submitted his application. Subsequently, on demand being made, on 28.09.1978, he deposited a sum of Rs.6500/- for allotment of a MIG flat/house. The allotment fructified in his favour and MIG Flat No. 171, Hanuman Nagar, Patna was allotted to him vide Board's Order No. 7273 dated 23.09.1981. After execution of hire-purchase agree...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. This appeal, by special leave, has been preferred by the original 1st defendant against the judgment of the High Court of Judicature of Bombay, Aurangabad Bench whereby the learned Single Judge of that Court reversed the judgment and decree passed in the appeal by the Additional District Judge, Osmanabad and restored the judgment and decree of the trial court.3. Sardar Khan was the owner of a property bearing land Block No. 386 and House No. 206 situate at Mangrul, Taluqa Kallam, District Osmanabad. He died in 1948 leaving behind a son -- Umerkhan and two daughters--Bismillabi and Aminabi. Both daughters were minor at the time of the death of their father. They got married later. Bismillabi (hereinafter referred to as, `plaintiff') filed a suit for partition and separate possession to the extent of 1/4th share in the above property against her brother Umerkhan (hereinafter referred to as, `1st defendant') and her sister Aminabi (hereinafter referred to as, `2nd defe...
Tag this Judgment!Court : Supreme Court of India
1. This appeal has been preferred against the judgment and order dated 16.12.2010 passed by the Madhya Pradesh High Court, Jabalpur in Writ Petition No. 1360 of 2009.2. Facts and circumstances giving rise to this appeal are as under: A. In the year 1972, the State of Madhya Pradesh conceived a dam to provide irrigation facilities to farmers of Khargone district. The dam, on filling upto full, would cause submergence of 1258.59 hectares of land, out of which 1037.715 is private and 206.635 is government and 14.24 hectares is forest land. B. On 10.1.1992, a detailed Project Report was prepared and submitted to the State Government and the Final Project Report was approved by Technical Committee of Central Water Commission vide order dated 6.5.1997. Clearance to the project was given by the Government of India. It was on 10.10.2002 that the project was accorded Environmental and Forest clearance. C. The Cabinet of Ministers in its meeting dated 4.10.2002 approved payment of Special Rehabi...
Tag this Judgment!Court : Supreme Court of India
1. Heard learned counsel for the applicant(s)/petitioner(s). 2. This interlocutory application for directions is filed in the special leave petition. The special leave petition has been filed against the judgment of the Gujarat High Court dated 04.10.2005 dismissing the writ petition filed by way of Public Interest Litigation. The prayer in the Writ Petition related to the alleged grievance of meagre allocation of water from Sardar Sarovar Dam by the State Government of Gujarat to the district of Kuchchh which is alleged to constitute 1/4th of the total area of the State of Gujarat and is alleged to be a drought prone district. By means of the impugned judgment the Division Bench of the High Court dismissed the writ petition holding that there are no judicially manageable standards for :1: adjudication for allocation of water in favour of any region within the State. The Government is the best judge to decide how much water should be released from the Narmada Canal to Kuchchh and how m...
Tag this Judgment!Court : Supreme Court of India
1. Appellant Nikku Khan @ Mohammadeen, who has been convicted by both the courts below for the offence punishable under Section 21 of the Narcotic Drugs and Phychotropic Substance Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. one lakh, in default of payment of fine to further undergo rigorous imprisonment for two years, is before us in this appeal. 2. The prosecution case, in brief, is that on 1.6.2003 at 12.30 p.m., ASI Gopi Chand along with other police officials was on patrol duty at Nohar road, Ellenabad when he received a secret information that the accused-appellant, who was indulged in a trade of smack, was likely to arrive in a Maruti Car and narcotic could be recovered from him. On receipt of this information, ASI, Gopi Chand issued notice under Section 41 of the Act and sent the same to the Deputy Superintendent of Police, Ellenabad. Thereafter, he held a picket at Nohar Road. When the a...
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