Court : Supreme Court of India
Reported in : 2012AIRSCW2255
Aftab Alam,J. 1. For causing the dowry death of his wife Savita, the appellant is convicted under section 304-B and is given the minimum statutory sentence of 7 years rigorous imprisonment and a fine of Rs.1,000/- with the default sentence of rigorous imprisonment for three months. He is additionally convicted under sections 306 and 498-A. Under these two sections he was sentenced to imprisonment for lesser periods and all the sentences were directed to run concurrently. He served out the sentences for the other two offences before he was released on bail by order dated January 3, 2006, passed in this appeal. 2. According to the prosecution case, in the marriage negotiation Savita's father had agreed to pay Rs.9,000/- as dowry to the appellant. At the time of marriage, however, he was able to pay only Rs.4,000/- and the balance amount of Rs.5,000/- remained unpaid. It is the case of the prosecution that after marriage Savita had to face harassment and cruelty at the hands of her husban...
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CHELAMESWAR, J. 1. Leave granted. 2. The interpretation and purport of the second proviso to Sub-section(2) of Section 31(A) of the Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as Municipal Corporation Act) falls for the consideration of this Court. 3. The constitution of the Municipal Corporations1 (in the State of Maharashtra), their powers, functions and various allied matters are regulated by the above- mentioned Act. Section 5(2)2 of the Act declares, every Corporation shall consist of a definite number of elected and a few nominated councillors. The number of elected Councillors with respect to any Corporation is determined on the basis of the population of that Municipal Corporation. The case on hand pertains to the Ulhasnagar Municipal Corporation, the third respondent herein, which has a total of 76 elected Councillors. 4. Election to the third respondent took place sometime in the month of February, 2007 and the Corporation was duly constituted w...
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ALTAMAS KABIR, J. 1. The Special Leave Petition and the application filed on behalf of the Respondents for early hearing and disposal of the Special Leave Petition were taken up together for consideration. The facts on which the Special Leave Petition is based, are set out herein below. 2. By its letter of acceptance No.NHAI/PH 11/NHDP/ADB/GM-11/NS1/746 dated 30th December, 2005, the National Highways Authority of India, hereinafter referred to as `NHAI', awarded a contract to the Respondent, SSANG YONG Engineering & Construction Co. Ltd., for the National Highways Sector II Project, Package-ADB-II/C-8, which involved the four laning of Jhansi-Lakhadon sector KM 297 to KM 351 of National Highway 26 in the State of Madhya Pradesh. The total contract amount for the aforesaid project was more than `750 crores. An agreement was entered into by the NHAI with the Petitioner on 13th August, 2006. Clause 27 of the Agreement incorporated an arbitration clause stipulating that all disputes a...
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Chelameswar, J. 1. Leave granted. 2. This appeal arises out of a judgment dated 18.2.2011 of the High Court of Orissa in Writ Appeal No.114 of 2011. 3. The factual background of the litigation is as follows:- (A) Election to the post of Sarpanch of Kulagada Gram Panchayat in the District of Ganjam, Orissa were held in the year 2007. The appellant, the first respondent and two others filed their nominations. The scrutiny of the nominations took place on 16th January, 2007. The returning officer held all the four nominations valid. (B) Subsequently, except the appellant and the first respondent, the other two candidates withdrew from contest. Election took place on 17th February, 2007, wherein the appellant herein was declared elected. (C) The first respondent, filed an Election Petition under Section 31 read with Section 34 of the Gram Panchayat Act, 1964 (for the sake of convenience it is called the Act), on the ground that the appellant herein was not eligible to contest the election ...
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(SMT.) RANJANA PRAKASH DESAI, J. 1. Leave granted. 2. These two appeals, by special leave, can be disposed of by a common judgment as they challenge the judgment and order dated 24.9.2008 delivered by the Madras High Court in Criminal R.C. Nos. 1439 and 1440 of 2005 filed by the respondent. 3. It is necessary to state the facts which led to these appeals. The respondent - Selvamuthukani @ Selvamuthu is the original complainant (the complainant' for short). She filed a private complaint in the court of Judicial Magistrate No. 1, Coimbatore being CC No. 620 of 1992 against Kannan (original accused 1 - `A1' for short), M. Rangan Chettiar (original accused 2 - `A2' for short), Murugayee (original accused 3 - `A3' for short), K. Palaniammal (original accused 4 - `A4' for short), Ganesan (original accused 5 - `A5' for short) and seven others. The complainant alleged that she was married to A1 on 16.6.1980. According to her, during the subsistence of her marriage with A1, A1 married A4 and th...
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CHELAMESWAR, J. 1. Leave granted. 2. These appeals arise out of a common order dated 29th August, 2011 of the Division Bench of the Bombay High Court passed in three writ petitions and two suits, 144 and 145 of 2010. 1 3. By the said common order, it was held, among other things, that the two suits are not maintainable in view of the provisions of Sections 91 and 163 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter `the Act', for short). We are not concerned with the remaining part of the Division Bench's judgment as the instant special leave petitions are preferred only against that part of the Division Bench's judgment. The brief factual background of this litigation is as follows. 4. The first respondent is a Society which was originally incorporated in the year 1914. The full particulars of such incorporation are not available at this juncture on record and are also not necessary for the present purpose. It is sufficient to state that it is admitted on all hands tha...
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CYRIAC JOSEPH, J. 1. Leave granted. 2. The appellants were the petitioners in Writ Petition No. 10405/2008 which was dismissed by the High Court of Karnataka as per order dated 5.8.2008 which is impugned in this appeal. Respondent Nos. 1 to 3 herein were respondent Nos. 1, 2 and 4 in the writ petition. 3. One T.S. Subrahmanyam met with a motor accident on 12.11.1991 and died on 21.7.1993 due to injuries sustained in the accident. Appellant No. 1 is the widow and appellant Nos.2 and 3 are the daughters of the said T.S. Subrahmanyam. In the claim petition filed by the appellants who are the legal heirs of T.S. Subrahmanyam, the Motor Accidents Claims Tribunal-I, Mysore (for short, "the Tribunal") passed an award granting Rs.60,000/- as compensation. In appeal, the High Court of Karnataka vide its order dated 6.7.2006 enhanced the amount of compensation to Rs.4,25,000/-. Respondent No. 3 - United India Insurance Co. Ltd. deposited in the Tribunal an amount of Rs.6,33,038...
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ALTAMAS KABIR, J. 1. A short but interesting question of law arises in these Special Leave Petitions, as to whether appointments can be made in Government service beyond the number of vacancies advertised. 2. An advertisement dated 4th November, 2006, was published by the Director of Land Records and Survey, Assam, inviting applications for selection for admission in the Assam Survey and Settlement Training Institute in respect of 160 seats. About 12,000 candidates applied for the said advertised seats and a written test was conducted which was followed by a viva voce examination. The viva voce test was limited to only 560 candidates. The restriction of the vive voce test to only 560 candidates was challenged before the Gauhati High Court in W.P.(C)No.3419 of 2007, which was dismissed and Writ Appeal No.413 of 2007 preferred from the Order of the learned Single Judge was also dismissed. The Director of Land Records and Survey, Assam, published a select list of 160 candidates and sent t...
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CYRIAC JOSEPH, J. 1. Leave granted. 2. The short question that arises for consideration in these Civil Appeals is whether this Court should direct the respondents including the Medical Council of India (for short `MCI'), the University of Calicut and the Mahatma Gandhi University, Kottayam to permit the appellants to continue and complete the MBBS course to which they were admitted in the different Private Unaided Medical Colleges in Kerala in the academic year 2007-08, though they were not eligible for such admissions as per the Regulations of the MCI, but had satisfied all the eligibility criteria stipulated in the Prospectus for MBBS Admission, 2007 issued by the respondent-Medical Colleges. The appellants are stated to be victims of a mistake or omission crept in the Prospectus as regards the eligibility criteria for admission. When the MCI Regulations insist on a minimum of 50% marks both in the qualifying examination and in the Competitive Entrance Examination (for short `CEE') s...
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ALTAMAS KABIR, J. 1. The operative portion of this judgment was pronounced on 13th May, 2011. The full text of the judgment is now being pronounced. 2. Civil Appeal Nos. 4510-4514 of 2011 arising out of SLP(C) Nos. 5966-5970 of 2011 are filed by five Independent Members of the Karnataka Legislative Assembly against a judgment of the Full Bench of the Karnataka High Court upholding an order passed by the Speaker of the Karnataka Legislative Assembly disqualifying them under Paragraph 2(2) of Tenth Schedule of the Constitution of India on the ground that they had joined the Bharatiya Janata Party (BJP) after their election to the Legislative Assembly as Independent candidates. The said order of disqualification was passed by the Speaker on Disqualification Application No.2 of 2010 filed by Shri D.N. Jeevaraju, Chief Whip, BJP, Karnataka Legislative Assembly and Shri C.T. Revi, Member of the Karnataka Legislative Assembly. Civil Appeal Nos. 4517-4521 of 2011 arising out of SLP(C) Nos. 599...
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