Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.82 OF2011T.S.R. Subramanian & Ors. Petitioners Versus Union of India & Ors. Respondents WITH WRIT PETITION (CIVIL) NO.234 OF2011JUDGMENT K.S. Radhakrishnan, J.1. Article 32 of the Constitution of India has been invoked by few eminent retired civil servants highlighting the necessity of various reforms for preservation of integrity, fearlessness and independence of civil servants at the Centre and State levels in the country. Prayers made in this writ petition are based on various reports and recommendations made by several Committees appointed for improving the public administration. On the basis of various reports, following reliefs are sought in the writ petition :- (i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction requiring the Respondents to create an independent Civil Service Board or Commission both at the Centre and the State based on...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9858 OF2013(Arising out of SLP(C) No.1056 of 2008) Radhakrishna and another ....Appellants versus Gokul and others ....Respondents JUDGMENT G.S. SINGHVI, J.1. Leave granted.2. Feeling dissatisfied with the meagre enhancement of Rs.8,000 granted by the Division Bench of the Madhya Pradesh High Court in the amount of compensation determined by Additional Motor Accident Claims Tribunal, Barwaha (West), Nimar (for short, the Tribunal), the appellants have filed this appeal.3. Nilesh (son of the appellants) was killed in a road accident, which occurred on 20.1.2003, when the motorcycle on which he was going along with his friend Rohit was hit by the truck belonging to respondent No.1.4. The appellants filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) for award of compensation to the tune of Rs.50,60,000. Their claim was founded on the following assertions: (i) The ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1838 OF2013C.B.I. ...Appellant Versus Ashok Kumar Aggarwal ...Respondent JUDGMENT Dr. B.S. Chauhan, J.1. This appeal has been preferred against the impugned judgment and order dated 3.10.2007 passed by the High Court of Delhi at New Delhi allowing Crl. R.P. No.589 of 2007, setting aside the order dated 28.7.2007 passed by the court of Special Judge, Central Bureau of Investigation (hereinafter referred to as the CBI), by which and whereunder the Special Judge rejected the application of the respondent questioning the sanction granted by the competent authority under Section 19 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act 1988), observing that the issue could be examined during trial.2. Facts and circumstances giving rise to this appeal are that: A. The appellant, CBI registered a preliminary enquiry against the respondent for disproportionate assets to the tune o...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.942 OF2006State of Rajasthan Appellant Versus Balveer @ Balli & Anr. .. Respondents JUDGMENT A. K. PATNAIK, J.This is an appeal against the judgment dated 09.01.2006 of the High Court of Rajasthan in D.B. Criminal Death Reference No.1 of 2005 and D.B. Criminal Appeal Nos. 261 of 2005, 347 of 2005 and 431 of 2005. Facts:2. The facts very briefly are that on 01.11.2003 at 10.45 P.M., Prem Bahadur Singh, Station House Officer, Nadbai Police Station, received an information on telephone that a woman has been murdered in the forest of Kishanpura close to the railway track and that a person has been nabbed. The Station House Officer reached the place of occurrence at 10.55 P.M. and found 10 to 15 villagers standing there who told him that at about 10.30 P.M. they heard someone crying and they came running and saw two persons running away towards Khedali along the railway track on a motorcycle and...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.967 OF2005Rajeev Kumar Appellant Versus State of Haryana .. Respondent JUDGMENT A. K. PATNAIK, J.This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 16.09.2004 of the Punjab and Haryana High Court in Criminal Appeal No.337-SB of 1992. Facts:2. The facts very briefly are that on 26.02.1991 at 11.20 P.M., the Assistant Sub-Inspector of Police of Police Station-City Dabwali, District Sirsa in Haryana, Madan Lal recorded a statement of Vandana at CHC Hospital, Mandi Dabwali. She stated that about two years ago, she was married to the appellant and the appellant used to taunt her on petty matters and earlier the appellant used to tease her for dowry and on being fed up with the habits of the appellant, on 26.02.1991 between 7.00 and 7.30 P.M., she sprinkled kerosene on her and set herself on fire. The statement of Vandana was registered as First...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9772 OF2013(Arising out of Special Leave Petition (Civil) No.18389 of 2013) MAK Data P. Ltd. Appellant Versus Commissioner of Income Tax-II Respondent JUDGMENT K.S. Radhakrishnan, J.1. Leave granted.2. The Appellant-assessee filed his return of income for the assessment year 2004-05 on 27th October, 2004, declaring an income of Rs.16,17,040/- along with Tax Audit Report. The case was selected for scrutiny and notices were issued under Sections 143(2) and 142(1) of the Income Tax Act. During the course of the assessment proceedings, it was noticed by the Assessing Officer (AO) that certain documents comprising of share application forms, bank statements, memorandum of association of companies, affidavits, copies of Income Tax Returns and assessment orders and blank share transfer deeds duly signed had been impounded. These documents had been found in the course of survey proceedings under Section 133...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9771 OF2013(Arising out of Special Leave Petition (Civil) No.18 of 2011) Jagdish Singh .. Appellant Versus Heeralal and others . Respondents JUDGMENT K.S. Radhakrishnan, J.Leave granted.2. The appellant herein was the auction purchaser, being the highest bidder for Rs.18,01,000/-, in respect of the land admeasuring one acre in Khasra Nos.104/3 and 105/2, Patwari Halka No.4, Village Segaon, Anjad Road, Barwani, M.P., which was brought to sale for recovery of loan amounts under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Securitisation Act). The auction was confirmed by the bank on 08.11.2005 on the appellants depositing Rs.2,90,250/- by 09.11.2005 and remaining 75% within 15 days. The appellant was not put in possession of the property in question even though the auction was confirmed.3. The appellant auction...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1883 OF2013(@SPECIAL LEAVE PETITION (CRL.) No.7066 OF2009 STATE OF BIHAR & ANR. APPELLANTS VERSUS LALU SINGH RESPONDENT JUDGMENT CHANDRAMAULI KR. PRASAD, J.While dismissing the Writ Petition, the High Court has made observations which have far reaching consequences and accordingly the State of Bihar, aggrieved by the same has preferred this Special Leave Petition. The observations made read as follows:I have no doubt in taking this view that under Section 36 of the Code of Criminal Procedure, the higher police officials have got same powers as available to the officer-in-charge of a police station under them but the power is available only with respect to supervising the investigation or participating into the investigation to some extent but under section 173(2) of the Code of Criminal Procedure, the final view over the investigation of a case with regard to filing charge sheet or final fo...
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[REPORTABLE]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9693/2013 [SPECIAL LEAVE PETITION (CIVIL)No.31583 OF2013 Ch. cum Man. Director Mahanadi Coalfield Ltd. ...........Appellant Versus Rabindranath Choubey ........Respondent JUDGMENT A.K. SIKRI, J.1. Leave granted.2. The respondent was working as Chief General Manager (Production) since 17.2.2006 at Rajmahal area under Mahanadi Coalfields Ltd., the appellant herein. A memo containing articles of charge was issued to him on 1.10.2007 alleging that there was shortage of stock of coal in Rajmahal Group of mines which was under his management and enquiry was proposed to be conducted under Rule 29 of the Conduct, Discipline & Appeal Rules.3. During the pendency of the departmental proceeding, the Respondent was allowed to retire on 31.7.2010 on attaining the age of superannuation. The Respondent submitted an application on 21.9.2010 to the Director (Personnel) for payment of gratuity. On the same date,...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.9694 of 2013 (@Special Leave Petition (Civil) No.7586 of 2012) United India Insurance Company Ltd. ... Appellant Versus Sunil Kumar & Anr. Respondents REFERENCE ORDER K.S. Radhakrishnan, J.1. Leave granted.2. Heard learned counsel for the parties. Learned counsel appearing for the Respondent submitted that in view of the judgment of this Court in United India Insurance Company Ltd. v. Shila Datta and others [(2011) 10 SCC509, this matter will have to be referred to a larger Bench, especially with regard to points no.(iii) to (v) referred to in the above- mentioned judgment, which are in conflict with the judgment of this Court in National Insurance Co. Ltd. v. Nicolletta Rohtagi [(2002) 7 SCC456. The impugned order, we notice, is based on the principle laid down in Nicolletta Rohtagis case (supra), the correctness of which is doubted in Shila Dattas case (supra). In the present case, the claim pe...
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