Court : Supreme Court of India
ALTAMAS KABIR, J.1. Leave granted.2. The subject matter of challenge in these appeals is the final judgment and order dated 20th December, 2011, passed by the Punjab & Haryana High Court in the different Letters Patent Appeals filed by the Appellants herein.3. The first Civil Appeal, arising out of SLP(C)No.54 of 2012, has been filed by the Speaker of the Haryana Vidhan Sabha against the judgment and order passed by the Punjab and Haryana High Court in his Letters Patent Appeal No.366 of 2011. By the said judgment, the Division Bench not only dismissed the appeal and did not choose to interfere with the directions given by the learned Single Judge to the Speaker to decide the petitions for disqualification of five MLAs within a period of four months, but in addition, directed that pending such decision, the five MLAs in question would stand disqualified from effectively functioning as members of the Haryana Vidhan Sabha. Aggrieved by the interim directions purportedly given under O...
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Swatanter Kumar, J.1. Leave granted.2. The expanding need for international arbitration and divergent schools of thought, have provided new dimensions to the arbitration jurisprudence in the international field. The present case is an ideal example of invocation of arbitral reference in multiple, multi- party agreements with intrinsically interlinked causes of action, more so, where performance of ancillary agreements is substantially dependent upon effective execution of the principal agreement. The distinguished learned counsel appearing for the parties have raised critical questions of law relatable to the facts of the present case which in the opinion of the Court are as follows :(1) What is the ambit and scope of Section 45 of the Arbitration and Conciliation Act, 1996 (for short ‘the 1996 Act’)?(2) Whether the principles enunciated in the case of Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya [(2003) 5 SCC 531], is the correct exposition of law?(3) Whether in a case w...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2013)1SCC314
Dipak Misra, J.1. Leave granted.2. The appellant was an accused in FIR No. I-CR No. 56/12 registered at Pethapur Police Station on 20th of June, 2012 for offences punishable under Sections 467, 468, 471, 409 and 114 of the Indian Penal Code (for short ‘the IPC’). Challenging the registration of the FIR and the investigation, the accused-appellant (hereinafter referred to as “the accused”) preferred Criminal Miscellaneous Application No. 10303 of 2012 on 11.7.2012 under Section 482 of the Code of Criminal Procedure (for brevity “the Code”) in the High Court of Gujarat at Ahmedabad for quashing of the FIR. A prayer was also made for stay of further proceedings in respect of the investigation of I-CR No. 56/12.3. The unfurling of factual scenario further shows that the matter was taken up on 17.7.2012 and the High Court issued notice and fixed the returnable date on 7.8.2012 and allowed the interim relief in terms of prayer No. (C) which pertained to st...
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S.H. KAPADIA, CJI.Heard learned counsel on both sides.Delay condoned.Leave granted.This batch of civil appeals has been filed by the Department.The question, which arises for determination in this batch of civil appeals, is as follows:“Whether amounts transferred by the assessee to Mandi Parishad would constitute application of income for charitable purposes within the meaning of Section 11(1)(a) of the Income Tax Act, 1961?”M/s. Krishi Utpadan Mandi Samiti, respondent-assessee herein, is a Market Committee incorporated and registered under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 [“1964 Adhiniyam”, for short]. The assessee carries out its activities in accordance with Section 16 of 1964 Adhiniyam under which it is required to provide facilities for sale and purchase of specified agricultural produce in the Market Area. The Members of the said Market Committee consist of producers, brokers, agriculturists, traders, commission agents and arhatiyas. ...
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DIPAK MISRA ; RANJAN GOGOI, JJ.In exercise of powers conferred under Article 143(1) of the Constitution of India, the President of India has on 12th April, 2012, madethe present Reference. The full text of the Reference (sans the annexures)is as follows: "WHEREAS in 1994, the Department of Telecommunication, Government of India ("GOI"), issued 8 Cellular Mobile Telephone Services Licenses ("CMTS Licenses"), 2 in each of the four Metro cities of Delhi, Mumbai, Kolkata and Chennai for a period of 10 years (the "1994 Licenses"). The 1994 licensees were selected based on rankings achieved by them on the technical and financial evaluation based on parameters set out by the GoI in the tender and were required to pay a fixed licence fee for initial three years and subsequently based on number of subscribers subject to minimum commitment mentioned in the tender document and licence agreement.The 1994 Licenses issued by GoI mentioned that a cumulative maximum of upto 4.5 MHz in the 900 MH...
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P.Sathasivam,J.1. These appeals are directed against the final judgment and order dated11.04.2005 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.605 of 2003 whereby the Division Bench of the High Court while disposing of the appeal confirmed the order of conviction and sentence dated 19.07.2003 passed by the Additional Sessions Judge, Biloli against the appellants herein and acquitted the other accused persons.2. Facts and circumstances giving rise to these appeals are as under:a. Laxman (original Accused No. 2), appellant in Criminal Appeal No. 246 of 2008 is the son of Shetiba (original Accused No. 1), appellant in Criminal Appeal No. 247 of 2008. Both the accused persons and the rival group including that of one Nagoba (the deceased) are residents of the same village, viz., Pingri, Dharmabad Taluq, Biloli Dist, Nanded, Maharashtra.b. According to the prosecution case, the grand-daughter of Nagoba (the deceased) was engaged with one ...
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Aftab Alam, J.1. Leave granted.2. This order deals with an appeal and a transfer petition filed by the Central Bureau of Investigation (the CBI). The appeal (arising from SLP (Criminal) No.9003 of 2010) is directed against the order dated October 29, 2010 passed by the Gujarat High Court in Criminal Miscellaneous No.12240/2010 granting bail to Amitbhai Anil Chandra Shah (respondent no.1 in this appeal and accused No.16 in the transfer petition) in case No.RC BS1/S/2010/0004 (Criminal Case No.5 of 2010) (“the Sohrabuddin case”), who until his arrest in the case was the minister of State for Home in the State of Gujarat. In the transfer petition, a prayer is made to transfer the Sohrabuddin case outside the State of Gujarat for trial. Both the appeal and the transfer petition are the result of the developments following the orders passed by the Court in Writ Petition (Criminal) No.6 of 2007 (Rubabbuddin Sheikh v. State of Gujarat & Others) seeking a direction for the inve...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164
ALTAMAS KABIR, J.1. Several Special Leave Petitions (now Civil Appeals) were filed in this Court against the common judgment and order dated 27th March, 2007, passed by the Madras High Court, including Writ Appeal Nos.1788 & 1919 of 2005, 1142 to 1144, 1209, 1342 to 1345 of 2006, 293 of 2007 and W.P.Nos.44991, 45805 of 2006 & 1460 of 2007. Of the said appeals, we are concerned with Writ Appeal Nos.1144 of 2006 and 293 of 2007, which are the subject matter of Civil Appeal Nos.6673-6674 of 2009, filed by M/s New Horizon Sugar Mills Ltd.2. As will be evident from the various writ petitions and writ appeals filed by the various parties, there are several skeins running through the fabric of the matter before us. The main issue, however, relates to the challenge thrown to G.O.Ms.No.12 dated 18.2.2006 issued by the Department of Revenue and Disaster Management, Government of Pondicherry, under powers conferred under the Pondicherry Protection of Interests of Depositors in Financial E...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2013SC633
Dr. B.S.CHAUHAN, J.1. This appeal has been preferred against the impugned judgment and order dated 9.1.2012 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Revision Petition No. 458 of 1998, by way of which, the High Court has upheld the judgment and order dated 25.7.1998, passed by the Sessions Judge in Revision Petition No. 5 of 1998. By way of the said revisional order, the court had reversed the order of discharge of the appellant for the offences under Sections 376 and 342 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) dated 25.3.1998, passed by the Judicial Magistrate, Sheoganj.2. The facts and circumstances giving rise to this appeal are as follows:A. An FIR was lodged by one Pushpa on 22.3.1997, against the appellant stating that the appellant had raped her on 10.3.1997. In view thereof, an investigation ensued and the appellant was medically examined. The prosecutrix’s clothes were then also recovered an...
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RANJAN GOGOI, J1. Leave granted.2. Two orders of the High Court of Karnataka dated 16th April, 2012 and 28th May, 2012 upholding the rejection of two separate applications made by the appellant herein for certified copies or in the alternative for inspection of certain unmarked and unexhibited documents in a trial pending against her is the subject matter of challenge in the appeals under consideration. The facts leading to the applications filed before the learned trial court and the grounds of rejection being largely similar both the appeals were heard analogously.3. A convenient staring point for the required narration of the relevant facts could be the order of this court dated 18th November, 2003 passed in Transfer Petitions (Criminal) Nos.77-78 of 2003 (K. Anbazhagan vs. Superintendent of Police and others[1]). By the aforesaid order dated 18th November, 2003 this court had transferred the proceeding in CC No.7 of 1997 from the court of the 11th Additional Sessions Judge (Special...
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