Court : Supreme Court of India
1. Leave granted.2. This appeal, by special leave, challenges order dated 14/9/2011 passed by the Rajasthan High Court dismissing the petition filed by one Rajeev Bhandari and appellants 1, 2 and 3 herein (original petitioners 2, 3 and 4 in the Special Leave Petition No.9092 of 2011) under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of FIR lodged by respondent 2 against them under Sections 498A and 406 of the Indian Penal Code.3. Rajeev Bhandari is the husband of respondent 2. Appellant 1 is the mother-in-law and appellants 2 and 3 are the sisters-in-law of respondent 2.4. In the special leave petition, Rajeev Bhandari was arraigned as petitioner 1. However, on 9/12/2011, this court dismissed the special leave petition insofar as Rajeev Bhandari is concerned. Therefore, today, the challenge to the impugned order can be said to be raised only by appellants 1, 2 and 3.5. It is necessary to give a gist of the facts. On 1/4/2009, respondent 2 lodged the FIR in ...
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P. Sathasivam, J.1) Leave granted.2) This appeal is directed against the judgment and order dated 07.05.2009 passed by the High Court of Judicature at Jabalpur, Madhya Pradesh in Criminal Appeal No. 884 of 2000 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein.3) Brief facts:(a) This case relates to one Maladeep, resident of village Semaria, District Rewa, Madhya Pradesh, who was burnt to death by her husband-Ram Viswas, the appellant herein by pouring kerosene oil.(b) Maladeep (the deceased) and Ram Viswas were married to each other but were not in good terms. The appellant herein was not happy with his married life and often used to quarrel with Maladeep. He was actually forcing his wife to leave her matrimonial home which was not agreeable to her.(c) In order to get rid of her, on 03.02.1998, in the midnight, the appellant herein poured kerosene oil on Maladeep and set her on fire. On hearing her cries, a number of persons gathered...
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Gyan Sudha Misra, J.This appeal has been preferred against the judgment and order dated 26.6.2008 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 7/2007 whereby the High Court upheld the judgment and order passed by the Sessions Judge, Dhule in Sessions Case No. 90/2005 by which the appellant had been convicted for an offence under Section 302, Indian Penal Code (I.P.C. for short) and was sentenced to undergo life imprisonment along with a fine of Rs.1,000/-. In default of payment of fine, he was ordered to undergo simple imprisonment for three months.2. The appellant was initially charged and tried for an offence under Section 302 and 498-A of the I.P.C. for killing his wife by hitting her on her head with a woodenlog as he was suspecting her loyalty and character.3. The specific case of the prosecution which was registered under Section 302 and 498-A of the I.P.C. is that the appellant- Attarsingh Barakya Pawara was residing along wi...
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Surinder Singh Nijjar, J.1. Leave granted in both the special leave petitions.2. By this common order, we propose to dispose of the aforesaid two appeals as they are both directed against the same judgment delivered by the High Court of Delhi in Writ Petition [C] No.98 of 2011 decided on 27th July, 2012. Appeal arising out of Special Leave Petition No.34671 of 2012 has been filed by the Union of India challenging the judgment on various legal grounds. By the aforesaid judgment the High Court has set aside the order passed by the Central Administrative Tribunal [hereinafter referred to as the “CAT’] Principal Bench, New Delhi, dismissing OA No.3544 of 2009 on 9th December, 2010 whereby the respondent was discharged from service. Appeal arising out of Special Leave Petition No.27821 of 2012 has been filed by Pradip Kumar challenging the judgment of the High Court, in so far as the said judgment limits the relief granted to him only to the extent of quashing of the order...
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J U D G M E N TAftab Alam, J.1. The short question that arises for consideration in these appeals is whether or not the social consequences of a culpable act and its impact on other people can be a relevant consideration for giving a heavier punishment, of course, within the limits fixed by the law. The facts and circumstances in which the question arises may be briefly stated thus. In October 2000, 31 people died, andmore than 500 developed serious sicknesses, of which six lost their vision completely as a result of consuming spurious liquor, contaminated with methyl alcohol at different places in Kollam district, Kerala. Cases were initially registered at different police stations, but, later on, all the cases were consolidated into a single case and on the basis of investigations made by the police, 48 accused in all were put on trial. The accused were broadly classified into three ...
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Ranjan Gogoi, J.1. Leave granted in each of the Special Leave Petitions.2. The appellants who have been acquitted of the charges under Sections 406 and 420 read with Section 34 of the Indian Penal code have filed the instant appeals challenging the conviction ordered by the High Court of Karnataka in the exercise of its Revisional Jurisdiction under Section 397 read with Section 401 of the Code of Criminal Procedure. The appellant in each of the appeals has been sentenced to undergo R.I. for three months for the offence punishable under Section 406 IPC and R.I for six months for the offence under Section 420 IPC. While both the sentences of imprisonment are to run concurrently, each of the appellants has also been sentenced to pay fine or undergo the default sentence that has been imposed.3. The facts lie within a short compass and may be briefly enumerated herein under.The respondent No. 1 in each of these appeals i.e. Karnataka Industrial Corporation Bank Ltd., Hubli (hereinafter sha...
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Leave granted.2. The appellant, respondents 3, 4 an one Rajpal are the accused in Criminal Case No. 723 of 2005 (charge-sheet No. 32/2005) pending on the file of the Judicial Magistrate, Khatima, District Udham Singh Nagar. Respondent 2 is the complainant. The appellant and respondents 3 and 4 filed a petition under Section 482 of the Code of Criminal Procedure (for short “the Code”) in the High Court of Uttarakhand at Nainital for quashing of the above mentioned proceedings and for quashing of the order of cognizance dated 22/3/2005 passed thereon by the Judicial Magistrate, Khatima against the appellant and the other accused for the offences punishable under Sections 406, 420, 467, 468, 471, 447, 448 read with Section 34 of the Indian Penal Code (for short “the IPC”). By order dated 29/09/2011 Uttarakhand High Court dismissed the said petition. The said order is impugned in this appeal.3. Respondent 2 filed a complaint against the appellant, respondents ...
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Jagdish Singh Khehar, J.1. Leave granted.2. The appellant was inducted into the service of the Punjab National Bank (hereinafter referred to as, the PNB) in the clerical cadre on 19.2.1958. He was successively promoted against the posts of Special Assistant and Accountant with effect from 23.8.1972 and 26.12.1974. He also gained further promotions to the cadres of Manager-B Grade and thereafter, Manager-A Grade with effect from 24.11.1977 and 18.12.1982 respectively. He finally came to be promoted to the post of Chief Manager with effect from 1.10.1986. Whilst holding the post of Chief Manager, the appellant retired from service, on attaining the age of superannuation on 31.10.1996.3. During 1981-1982, when the appellant was posted as Manager at the Sector 19, Chandigarh Branch of the PNB, he was accused of having entered into a conspiracy with R.L. Vaid, the then Regional Manager of the PNB, Chandigarh, and Dr. A.K. Sinha, IAS, the then Secretary, Department of Town and Country Planni...
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Dipak Misra, J.1. The present appeal has been preferred by original accused Nos. 2 and 3 assailing the judgment of conviction and order of sentence passed by the High Court of Judicature at Bombay in Criminal Appeal No. 790 of 1989 whereby the High Court has confirmed the conviction and sentence passed by the learned Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 113 of 1988 for offences punishable under Sections 302, 147, 148, 149 and 452 of the Indian Penal Code, 1860 (for short "the I.P.C.") and sentenced the appellants to suffer life imprisonment and pay a fine of Rs.1,000/- each, in default, to suffer simple imprisonment for six months.2. Filtering the unnecessary details, the prosecution case is that on 19.2.1988, PW-1, Chandrakant Phunde, the informant, who is the owner of a rickshaw bearing No. MCT-858, while going from Somatane to Panvel for his business, met PW-2, Janardan Bhonkar, who hired his rickshaw for Panvel. On the way, they met the deceased Shriram @ ...
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Ranjan Gogoi, J.1. Leave granted.2. Both the appeals are directed against two separate but identical orders dated 13.05.2009 passed by the High Court of Orissa whereby the High Court has held that no legal or valid right has accrued to the two appellants under the lease(s) granted in respect of two separate areas of land as claimed by them. As the facts of the two cases are identical, for brevity, reference to the facts in the appeal arising out of S.L.P. (C) No.14618 of 2009 [Chandradhoja Dahu versus State of Orissa and others] would suffice. Similarly, reference to the appellants, hereinafter, is being made in the singular for purpose of clarity.3. The appellant had instituted a writ petition (W.P.(C) No. 337/2008) before the High Court of Orissa contending that sometime in the year 1979 he, as a landless person, had applied for grant of a lease of government wasteland. On the basis of the aforesaid application W.L. Case No. 71/1979 was registered in the file of the Tehsildar, ...
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