Court : Supreme Court of India
1. We have heard learned counsel for the parties to the lis.2. In this appeal, the Revenue is questioning the correctness or otherwise of the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal (for short 'CESTAT'), Bangalore in Appeal No. C/28/2003 dated 22.8.2003.3. For the purpose of disposal of this appeal, it may not be necessary to notice the facts in detail, since we are disposing of this appeal on a short ground.4. In this appeal, Revenue effect is too meager. Therefore, it would be sufficient to keep the questions of law open, if the Revenue wants to agitate the same in an appropriate appeal.5. Accordingly, we dispose of the appeal and confirm the order passed by the CESTAT. However, we keep all the questions of law open, to be agitated by the Revenue in an appropriate case, if they so desire.No order as to costs.Ordered accordingly....
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R.M. Lodha, J.1. The Accountant General, Madhya Pradesh is in appeal, by special leave, aggrieved by the judgment and order dated February 8, 2005 passed by the High Court of Madhya Pradesh at Jabalpur in the writ petition filed by the respondent in that Court.2. The respondent is a former Judge of the Madhya Pradesh High Court. He was appointed on March 2, 1998. He rendered service of more than 10 years and retired on August 13, 1998.3. By a notification issued on September 18, 1998, the respondent was appointed as the President, State Consumer Disputes Redressal Commission, Madhya Pradesh (for short, 'State Commission') established under clause (b) of Section 9 of the Consumer Protection Act, 1986 ( for short, '1986 Act'). The respondent assumed office on September 21, 1998 and continued to hold that office until the end of the working hours on August 12, 2003. When he demitted the office of the President, State Commission, he had rendered service of 4 years 10 months and 22 days as ...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.145-146 OF 2011 Rajendra Pralhadrao Wasnik ... Appellant Versus The State of Maharashtra ... Respondent J U D G M E N T Swatanter Kumar, J.1. The present appeals are directed against the judgment dated 26th March, 2009 passed by the High Court of Bombay, Nagpur Bench affirming the conviction of the accused under Sections 376(2)(f), 377 and 302 of the Indian Penal Code, 1860 (hereafter `IPC') and the sentence of death awarded to the accused-appellant 1 herein vide judgment of the First Additional Sessions Judge, Amrawati, dated 10th September, 2008. 2. The facts giving rise to the present appeal fall within a narrow compass and are as follows : Mahendra Namdeorao Wasnik, PW12, was living with his wife, three children and parents in Village Asra. He used to go to Village Tarkheda for earning his livelihood at the thresher of one Zafarbhai. Normally, he used to return to his village at about 10.00 p.m. afte...
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1. Having failed to convince the trial Court and the High Court to entertain their prayer for restraining respondent no. 1 - Municipal Corporation of Mumbai (for short, `the Corporation') from demolishing the buildings constructed on Plot No. 9, Scheme 58, Worli, Mumbai, the petitioners have filed these petitions under Article 136 of the Constitution.2. The petitioners are the Cooperative House Building Societies (for short, `the societies') and their members, who are said to have purchased flats in the buildings constructed by the developers on the plot in question. Their grievance is that even though the flats were purchased under a bona fide belief that the buildings have been constructed in accordance with law, the trial Court and the High Court did not injunct the Corporation from demolishing the same on the ground that the latter had taken action in furtherance of the orders passed in Writ Petition Nos. 2040/1999, 2402/1999, 2403/1999, 2904/1999, 2949/1999 and 1808/2000.3. ...
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ALTAMAS KABIR, J.1. These three Special Leave Petitions are directed against the judgment and order dated 212.7.2011, passed by the Lucknow Bench of the Allahabad High Court in C.P. No.2209 of 2009, affirming the order of the learned Single Judge which had been upheld by the Division Bench of the High Court regarding the appointment of Pharmacists in the State of Uttar Pradesh. So as to understand how the matter reached the High Court, it is necessary to set out a few facts which led to the filing of the Writ Petitions.2. By way of an advertisement dated 12.11.2007, 766 vacancies were advertised for being filled up by diploma holders in Pharmacy. The advertisement provided that the recruitment could be done as per the U.P. Procedure for Direct Recruitment of Group `C' Posts (Outside the Purview of Public Service Commission) Rules, 2000. The said advertisement led to controversies as to how the appointments were to be filled up.3. According to the Respondents, the interpretation of Rule...
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Swatanter Kumar, J.1. The present appeal is directed against the judgment and order dated 21st March, 2006 of the High Court of Judicature at Allahabad, Lucknow Bench, which had partially accepted the appeal by acquitting the accused persons of the offence under Section 323 read with Section 34 of the Indian Penal Code, 1860 (hereafter, `IPC'), but affirmed the imposition of life imprisonment for the offence under Section 302 read with Section 34, IPC as awarded by the learned trial court vide its judgment dated 6th January, 1982.The trial court had found the four accused Ram Dutt (now dead), Thakur Prasad, Mano Dutt and Ram Narain guilty of an offence under Section 302, read with Section 34, IPC and also offence under Section 323, read with Section 34, IPC and had awarded them life imprisonment for the first offence and a fine of Rs.1,000/- for the second, in default of which, to undergo rigorous imprisonment for three months.2. &nbs...
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R.M. LODHA, J.1. Leave granted.2. The complainant is in appeal, by special leave, aggrieved by the order dated May 17, 2007 of the High Court of Punjab and Haryana whereby the single Judge of that Court dismissed the Criminal Revision Petition filed by the appellant and affirmed the order dated February 1, 2002 passed by the Additional Sessions Judge, Gurgaon. The Additional Sessions Judge by his order allowed the Criminal Revision filed by the present respondent No. 2 and quashed the order dated June 2, 2001 passed by the Judicial Magistrate, First Class, Gurgaon, summoning him to face trial under Sections 420, 406 and 161 of the Indian Penal Code (IPC).3. The appellant (hereinafter referred to as 'the complainant') filed a criminal complaint against the respondent No. 2 in the court of duty Magistrate, Gurgaon. In his complaint, the complainant stated that he was a transporter and operating buses on the contract basis in the name of M/s Chaudhary Bus Service. On May 1, 2000, hi...
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Swatanter Kumar, J.1. The present appeals are directed against the judgment of the High Court of Madhya Pradesh, Bench at Indore, confirming the judgment of conviction and order of sentence of imposition of extreme penalty of death by the Trial Court.2. The disaster that can flow from unchastity of a woman and the suspicions of a man upon the character of his wife cannot be more pathetically stated than the facts emerging from the present case. 1 As per the case of the prosecution, a man suspecting his wife of having illicit relations with his neighbor, killed his three young children, namely, Varsha, Lokesh and Mayank, who were asleep, sprinkled kerosene oil on his wife and put her on fire. However, when called upon to make a statement under Section 313 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the accused rendered the following explanation :"There was illicit relationship between my wife, the deceased Aradhna and Liladhar, when on 27.02.2005 I came from the factor...
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Swatanter Kumar, J.1.The present appeals are directed against the concurrent judgments of conviction and award of capital punishment. The Additional Sessions Judge, Pendra Road, District Bilaspur, convicted the four accused (the appellants herein), for offences under Sections 499, 376(2)(g) and 302 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced them vide judgment and order of sentence dated 20th November, 2007 as follows: Offences Punishment/Sentence 1 302/34 IPC Award of capital sentence and ordered that they be hanged till death. 376(2)(g) IPC Life Imprisonment and fine of Rs.200/- each. In case of default in the payment of fine, each accused to further undergo an additional rigorous imprisonment of one month each. 449 IPC Ten years rigorous imprisonment with fine of Rs.200/- and in default to undergo additional rigorous imprisonment for one month.2.The Division Bench of the High Court vide its judgment dated 24th July, 2009 confirmed the ju...
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K. S. Radhakrishnan, J.I.A. Nos. 12-13 of 2011 are allowed. SLP (C) Nos.12498-12499 of 2010 be detagged and be listed after two weeks.1. The Department of Mines and Geology, Government of Haryana issued an auction notice dated 3.6.2011 proposing to auction the extraction of minor mineral boulder, gravel and sand quarries of an area not exceeding 4.5 hectares in each case in the District of Panchkula, auction notices dated 8.8.2011 in the District of Panchkula, Ambala and Yamuna Nagar exceeding 5 hectares and above, quarrying minor mineral, road metal and masonary stone mines in the District of Bhiwani, stone, sand mines in the District of Mohindergarh, slate stone mines in the District of Rewari, and also in the Districts of Kurukshetra, Karnal, Faridabad and Palwal, with certain restrictions for quarrying in the river beds of Yamuna, Tangri, Markanda, Ghaggar, Krishnavati River basin, Dohan River basin etc. The validity of those auction notices is under challenge before us, apart from...
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