Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11028 OF2013(Special Leave Petition (C) No.8202 of 2006) Haryana Financial Corporation . Appellant Verses Gurcharan Singh & Anr. . Respondents JUDGMENT K.S. Radhakrishnan, J.1. Leave granted.2. M/s Amrit Steel Industries, Jagadhari, a proprietorship concern of which the first respondent is the sole proprietor, had obtained a loan of Rs.5,05,750/- on 15.9.1994 from the Appellant, Haryana Financial Corporation, by entering into hypothecation of machinery, fixture, as well as, personal guarantee bond dated 15.9.1994. The first respondent also gave a written undertaking dated 5.3.1994 that he would not dispose of his properties during the currency of the loan. The first respondent failed to repay the loan. Consequently, the Corporation took over the hypothecated property and sold the same and appropriated the amount. In the meantime, the second respondent, the wife of the first respondent filed Civil ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11016 OF2013(Arising out of S.L.P. (C) No.22463 of 2011) Management of Sundaram Industries Ltd. Appellant Versus Sundaram Industries Employees Union Respondent JUDGMENT T.S. THAKUR, J.1. Leave granted.2. This appeal arises out of a judgment and order dated 27th April, 2011 passed by a Division Bench of the High Court of Judicature at Madras whereby Writ Appeal No.702 of 2011 and M.P. No.1 of 2011 filed by the appellant have been dismissed and order dated 28th February, 2011 passed by a learned Single Judge of that Court in Writ Petition No.8019 of 2010 affirmed.3. The appellant-company is engaged in the manufacture of rubber products for various industrial applications. It had, at the relevant point of time, 877 employees in its establishment. As many as 488 of these employees were working as moulders to operate the rubber moulding machines. The moulding work involved placing rubber into the moulding ...
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REPORTABLE IN THE SUPREME COURT OF INDIA ORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) No.107 OF2011Deaf Employees Welfare Association & Another .. Petitioners Versus Union of India & Others .. Respondents JUDGMENT K. S. RADHAKRISHNAN, J.1. This Writ Petition has been preferred by two Associations representing the Deaf and Dumb persons seeking a Writ of Mandamus directing the Central and State Governments to grant transport allowance to its government employees suffering from hearing impairment in equal with that is being given to blinds and orthopedically handicapped government employees and also for further consequential reliefs.2. The Ministry of Finance, Government of India vide its Office Memorandum (for short OM) dated 31.8.1978 permitted conveyance allowance to the employees of the Central Government borne or regular establishment who are disabled, namely blind and orthopedically handicapped, with disability of lower extremities. The Government of India, later, vide ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.552 OF2011TUMMALA VENKATESWAR RAO . APPELLANT VERSUS THE STATE OF ANDHRA PRADESH . RESPONDENT JUDGMENT S. A. BOBDE, J.1. This appeal has been preferred by the appellant against the Judgment of a learned Single Judge of the High Court of Judicature at Andhra Pradesh dismissing his appeal against conviction and sentence under Section 304-B of the Indian Penal Code [hereinafter referred to as IPC]. for 7 years Rigorous Imprisonment for causing dowry death of the deceased Neelima. His mother, his sister and her husband were acquitted of the same charge.2. The prosecution case is that the appellant was married to Neelima on 12.02.2003. She went to cohabit with him after five months in July 2003 but returned within four days informing her family that the accused used to harass her physically and mentally both for want of Rs. 2,00,000/- as additional dowry. Gandham Anuradha @ Chinni - A3 and Thummala ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10997 OF2013[Arising out of S.L.P.(C)No.2680 of 2010]. Shalini ..Appellant Versus New English High Sch. Assn. & Ors. ..Respondents JUDGMENT VIKRAMAJIT SEN, J.1. Leave granted. This Appeal challenges the Order of the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench passed on 25.11.2009 in L.P.A. No.527 of 2009 affirming the Order of the learned Single Judge who had dismissed the Appellants Writ Petition essentially on the opinion of the Three-Judge Bench in Union of India v. Dattatray (2008) 4 SCC612 The Order impugned before the learned Single Judge was that of the School Tribunal, Nagpur which had granted reinstatement of the Appellant with continuity of service and full back wages. The Appellant had been employed as an Assistant Teacher against a vacancy earmarked for Scheduled Tribe candidate, she having filed a Caste Certificate dated 8.7.1974 issued by the Competent Auth...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11005 OF2013(Arising out of SLP (Civil) No.25369 of 2010) Erach Boman Khavar ... Appellant Versus Tukaram Shridhar Bhat and another ...Respondents JUDGMENT Dipak Misra, J.Leave granted.2. This appeal, by special leave, is directed against the judgment and order dated 23.6.2010 passed by the Division Bench of the High Court of Judicature at Bombay in Appeal No.262 of 2007 reversing the judgment and order passed by the learned single Judge in Company Application No.720 of 2006 in Company Petition No.201 of 1994 whereby the learned single Judge had granted leave to the appellant to institute a suit for eviction against the respondent therein.3. The broad essential facts giving rise to the present appeal are that on 17.6.1975 the father of the appellant entered into an agreement of leave and licence with respondent No.2 Company, namely M/s. Poysha Industrial Co. Ltd. in respect of a flat owned by him. As put forth ...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.11003 OF2013(Arising out of SLP (Civil) No.29651 of 2013) Arasmeta Captive Power Company Private Limited and another ... Appellants Versus Lafarge India Private Limited ...Respondent JUDGMENT Dipak Misra, J.Leave granted.2. In Government of Andra Pradesh and others v. A. P. Jaiswal and others[1]. a three-Judge Bench has observed thus:- Consistency is the cornerstone of the administration of justice. It is consistency which creates confidence in the system and this consistency can never be achieved without respect to the rule of finality. It is with a view to achieve consistency in judicial pronouncements, the Courts have evolved the rule of precedents, principle of stare decisis etc. These rules and principle are based on public policy... 3. We have commenced our opinion with the aforesaid exposition of law as arguments have been canvassed by Mr. Ranjit Kumar, learned senior counsel for the appellants, with inno...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2086 OF2013(@ SPECIAL LEAVE PETITION (CRL.) NO.4069 OF2012 Fakhruzamma Appellant Versus State of Jharkhand & Anr. Respondent JUDGMENT K.S. Radhakrishnan, J.Leave granted.2. The question that has come up for consideration in this case is whether sanction under Section 197 Cr.P.C. is necessary from the State Government before prosecuting the Appellant, though he was removed from service following the procedure laid down in Jharkhand Police Manual.3. The Sub-Divisional Judicial Magistrate, Giridih, in Complaint Case No.281 of 2003, T.R. No.835 OF2006 took cognizance against the Appellant for various offences under Sections 456, 323, 504, 506, 342, 386, 201, 120B and 304 IPC. That order was challenged by the Appellant before the High Court by filing Crl. M.P. No.1669 of 2006 under Section 482 Cr.P.C. stating that in the absence of previous sanction of the State Government, as per the provision...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2085 OF2013(Arising out of SLP(Crl.) No.8101 of 2009) Ghanshyam .... Appellant Vs. State of Rajasthan .... Respondent JUDGMENT V.Gopala Gowda J.Leave granted.2. This appeal is filed by the appellant/accused questioning the correctness of the judgment and final Order dated 04.02.2009 passed by the High Court of Judicature at Rajasthan, Jaipur in S.B. Criminal Misc. Petition No.1067 of 2005 remanding the matter back to the trial court for fresh decision in the light of the statements of the witnesses and also the material and evidence available on record, urging various facts and legal contentions in justification of his claim.3. Necessary relevant facts are stated hereunder to appreciate the case of the appellant/accused and also to find out whether he is entitled for the relief as prayed in this appeal. At the time of filing of this appeal, there were two respondents, respondent no.1 Ram Day...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10956 OF2013(@SPECIAL LEAVE PETITION (CIVIL) No.17054 OF2009 BANK OF BARODA . APPELLANT Versus S.K. KOOL(D)THROUGH LRS.AND ANR. . RESPONDENTS JUDGMENT CHANDRAMAULI KR. PRASAD, J.S.K. Kool, respondent No.1 herein (since deceased), was working as a clerk with the petitioner, Bank of Baroda and while working as such after a departmental inquiry, as a measure of punishment, visited with the penalty of removal from service with superannuation benefits as would be due otherwise and without disqualification from future employment. S.K. Kool, hereinafter referred to as the employee, made a request for leave encashment, which was declined by the petitioner Bank of Baroda, hereinafter referred to as the employer, on the ground that where cessation of service takes place on account of employees resignation or his dismissal/termination/compulsory retirement from the Banks service, all leaves to his credit lapse. ...
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