Court : Supreme Court of India
Reported in : AIR2011SC3031
1. Leave granted.2. This appeal by grant of Special Leave, questions the legality of Judgment dated 26.02.2010, rendered by the learned Single Judge of the High Court of Judicature, Andhra Pradesh in Criminal Petition No. 2426 of 2005 by which the prayer made by the appellant, a Police Officer, to quash the proceeding in C.C. No. 820 of 1996 initiated for commission of offences punishable under Sections 498A, 494, 495, 417 and 420 IPC, has been partly allowed by quashing proceedings insofar as offence punishable under Section 498A IPC is concerned, whereas the proceedings relating to the offences punishable under Sections 494, 495, 417 and 420 IPC are ordered to continue against the appellant.3. The appeal arises in the following circumstances:- The respondent no. 2 is the original complainant. According to her, the petitioner who is Sub-Inspector of Police, cheated her and her parents by stating that his first wife had died after delivering two children who are studying and staying in...
Tag this Judgment!Court : Supreme Court of India
1) Leave granted.2) This appeal is directed against the common final judgment and order dated 28.07.2010 passed by the learned Single Judge of the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 600 of 2004 which was filed by the appellant herein along with Criminal Appeal (SJ) Nos. 576, 595, 609 and 625 of 2004 whereby the High Court dismissed the appeal upholding the order of conviction passed by the trial Court and reduced the sentence from two and a half years to one and a half years.3) Brief facts:(a) Several schemes of National Rural Employment Programme (in short NREP ) executed between the years 1982-83 by the officers posted at Piro, District Ara with the assistance of some executing agents/agencies came under the scan of the Vigilance Department. Enquiries including re- measurement of the Schemes/works executed under these Schemes revealed that some local officers posted in the Block in connivance with agents appointed for few Schemes fraudulently withdrew and m...
Tag this Judgment!Court : Supreme Court of India
1. Both these appeals have been preferred by the rival parties against the judgment and order dated 24.4.2007 passed by the High Court of Rajasthan (Jaipur Bench) in Civil Misc. Appeal No.1581 of 2006 under Section 37(1)(A) of the Arbitration and Conciliation Act, 1996 (hereinafter called Act 1996) against the order dated 17.1.2006 passed by the District Judge, Jaipur City, Jaipur in Arbitration Case No.89/2004 whereby the application filed by the State of Rajasthan under Section 34 of the Act 1996 for setting aside the arbitral award dated 1.12.2003 had been allowed.2. Facts and circumstances giving rise to these appeals are: A. The Public Works Department of the State of Rajasthan (hereinafter called PWD ) decided in September 1997 to construct the Bharatpur bye-pass for the road from Bharatpur to Mathura, which passed through a busy market of the city of Bharatpur. For the aforesaid work, tenders were invited with a stipulation that the work would be executed on the basi...
Tag this Judgment!Court : Supreme Court of India
1. Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment and order dated 06th March, 2006 passed by the High Court of Uttarakhand at Nainital in Writ Petition No. 140/2005. The facts have been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary. 2. The respondents herein were appointed on adhoc officiating post in the year 1988 for a fixed term which was continued. They were regularised in the year 2004 under the Uttaranchal Regularization of Ad Hoc Appointments (Posts under the purview of Public Service Commission) Rules, 2002 ( for short 'the Rules'). The respondents claimed benefit of their service from 1988 to 2004 for the purpose of seniority and this has been granted by the High Court. Hence, this appeal. CIVIL APPEAL NO.5130 OF 2009 etc. 3. We are afraid, we cannot agree with the view taken by the High Court. Rule 7(1) of the Rules states as under: A person appointed under these rules s...
Tag this Judgment!Court : Supreme Court of India
1. Application for permission to file SLP is allowed. 2. Leave granted. 3. These Appeals are directed against the judgment and order dated 12.7.2011 passed by the Bombay High Court, Nagpur Bench at Nagpur allowing the two writ petitions being Writ Petition No. 3123 of 2011 and Writ Petition No. 3177 of 2011. 4. By the said judgment and order, while allowing the writ petitions, the High Court issued certain directions contained in paragraph 49 and 50. One of the directions issued by the High Court was that appropriate steps would be taken by respondent nos. 3 and 5 therein to exhume the body of late Baba with full respect to his saintly-hood and to arrange for its appropriate honourable burial in accordance with law, within a period of three days. 5. One of the other directions was to the respondent nos. 1, 2, 4 and 5 therein to forthwith take all appropriate steps within their powers to restore normalcy in the area so as to prevent the wrongdoers and mischief mongers from creating/cont...
Tag this Judgment!Court : Supreme Court of India
1. This writ petition has been filed for seeking the directions that investigations into the financial transactions of the petitioner's late husband Shri Deven Malviya and his associates through various firms, and the mysterious cause of her husband's death in Hotel Marriott, Senapati Bapat Road, Pune be transferred to Central Bureau of Investigation (hereinafter called CBI) under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.); and further to hand over all complaints made by various investors against the firms owned by her family members to the CBI for investigation. 2. Facts and circumstances giving rise to this case are as under: A. Petitioner indulged herself in commercial/business activities along with her husband late Deven Malviya, particularly in share broking in the name and style of M/s Disha Credit and Marketing Services along with one another partner Mr. Ajay Gandeja in Nagpur from 1998 to 2004. B. Late Mr. Deven Malviya, for certain...
Tag this Judgment!Court : Supreme Court of India
1) Leave granted.2) These appeals are filed against the final order dated 24.04.2009 passed by the High Court of Bombay in Family Court Appeal Nos. 110 of 2004 and 127 of 2004 and the order dated 17.07.2009 in Review Petition Stamp No. 15671 of 2009 whereby the appellant's appeal was dismissed in entirety and the petition filed by the respondent in Family Court for divorce on ground of cruelty was converted into divorce by mutual consent and the marriage was dissolved by a decree under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).3) Since the parties have dissolved their marriage by consent and a fresh decree of divorce by consent has been directed, the other question adjudicated before the High Court was about the amount of maintenance/permanent alimony in terms of Section 25 of the Act. By the impugned order, the High Court confirmed the order passed by the Family Court fixing the amount of permanent alimony at Rs. 20,000/- per month. While dispos...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted. Heard.2. The appellant filed an application under section 11 of the Arbitration & Conciliation Act, 1996 (`Act' for short) for appointment of an arbitrator. The averments made in the said application in brief were as under : 2.1) On 7.10.2006 the appellant requested the respondent to grant a long term lease in respect of two Tea estates (Chandmari Tea Estate and Burahapahar Tea Estate). A lease deed dated 21.12.2006 was executed between the respondent and appellant under which respondent granted a lease to the appellant for a term of 30 years in regard to the said two Tea estates with all appurtenances. Clause 35 of the said lease deed provided for settlement of disputes between the parties by arbitration. As the estates were hypothecated to United Bank of India, on 27.12.2006, the respondent requested the said bank for issue of a no objection certificate for entering into a long term lease. The Bank sent a reply dated 17.7.2007, stating that it would issue a ...
Tag this Judgment!Court : Supreme Court of India
1) This batch of appeals is directed against the separate orders passed by the High Court of Allahabad in Regular First Appeals filed by land owners for enhancement of compensation awarded by the Reference Court for the lands acquired under the Land Acquisition Act, 1894, [hereinafter referred to as `the Act'] in the villages of Harthala and Mukkarrabpur. There are in all 30 appeals before us, out of which, 23 are in relation to the village of Harthala and 7 in relation to the village of Mukkarrabpur. 2) In view of the orders we propose to pass in all these appeals, we deem it unnecessary to state the facts giving rise to the present appeals in greater details and a brief reference thereto would suffice to appreciate the controversy. 3) Lands in Village of Harthala:- There are twenty three appeals relating to this village. Under Section 4 read with Section 17 of the Act, Notification dated 20.09.1990 was issued and published by the State Government for the acquisition of the lands of t...
Tag this Judgment!Court : Supreme Court of India
1. This is an appeal by special leave under Article 136 of the Constitution against the order dated 03.02.2005 of the Division Bench of the Andhra Pradesh High Court dismissing Writ Petition No.8072 of 2004 filed by the appellant. 2. The facts very briefly are that the appellant, a general candidate not belonging to any reserved category, took the Civil Services Examination, 1998 conducted by the Union Public Service Commission and he secured 95th rank and was appointed to the IPS and was allocated to the Manipur- Tripura Joint Cadre on 27.10.1999. Respondent No.4, who as an OBC candidate, also took the Civil Services Examination, 1998 and secured 133rd rank and was appointed to the IPS and was allocated to the Andhra Pradesh Cadre on 27.07.1999. The appellant filed O.A. No.155 of 2001 before the Central Administrative Tribunal, Hyderabad Bench, contending that instead of respondent no.4 he should have been allocated to the Andhra Pradesh Cadre and that the allocation of respondent no....
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