Court : Supreme Court of India
A.K. Patnaik, J.Leave granted in S.L.P. (C) Nos. 22010-22012 of 2011.2. In these appeals against the judgment and orders of the Punjab and Haryana High Court, a very important question of law arises for our decision: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution can lay down the procedure for the selection and appointment of the Chairman of the State Public Service Commission and quash his appointment in appropriate cases.Facts:3. The relevant facts very briefly are that by notification dated 07.07.2011, the State Government of Punjab appointed Mr. Harish Dhanda as the Chairman of the Punjab Public Service Commission. On 10.07.2011, the respondent No.1 who was an Advocate practicing at the Punjab and Haryana High Court, Chandigarh, filed a public interest litigation under Article 226 of the Constitution (Writ Petition No.11846 of 2011) praying for a mandamus directing the State Government to frame regulations governing the conditions ...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1362 OF 201.(Arising out of SLP(C) No.33438/2010) KAILASH PALIWAL Appellant(s) :VERSUS: SUBHASH CHANDRA AGRAWAL Respondent(s) ORDER 1. Leave granted.2. This appeal arises out of an order dated 26.8.2010 passed by the High Court of Madhya Pradesh at Indore, whereby First Appeal No.752 of 2008, filed by the respondent herein, has been allowed and the judgment of the Trial Court in O.S. No.9A/2008 reversed.3. It is not, in our opinion, necessary to recapitulate the factual backdrop in which the controversy arises, in detail. The order passed by the Trial Court as well as the Fist Appellate Court, sufficiently do that part. All that we need mention is that a suit seeking a decree for possession was filed by the plaintiff-appellant herein against the defendant-respondent on the ground that the defendant-respondent was in occupation of the suit property despite termination of his tenancy by the plaintiff-appellant. Th...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7640 OF 201.State of Punjab Appellant Versus Salil Sabhlok & Ors. Respondents WITH CIVIL APPEAL No.2685 OF 2012.CIVIL APPEAL No.3687 OF 201.AND CIVIL APPEAL NOs. 1365-1367 OF 201.(Arising out of S.L.P. (CIVIL) NOs. 22010-22012 OF 2011.JUDGMENT A. K. PATNAIK, J.Leave granted in S.L.P. (C) Nos. 22010-22012 of 2011.2. In these appeals against the judgment and orders of the Punjab and Haryana High Court, a very important question of law arises for our decision: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution can lay down the procedure for the selection and appointment of the Chairman of the State Public Service Commission and quash his appointment in appropriate cases. Facts:3. The relevant facts very briefly are that by notification dated 07.07.2011, the State Government of Punjab appointed Mr. Harish Dhanda as the Chairman of the Punjab Public Serv...
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A.K. Patnaik, J.This is an appeal against the judgment dated 25.10.2004 of the Rajasthan High Court, Jaipur Bench, in D.B. Criminal Appeal No. 602 of 2002, maintaining the conviction of the appellant under Section 302 of the Indian Penal Code, 1860, (for short ‘the IPC’) and the sentence of life imprisonment and fine of Rs.1,000/- for the offence.2. The facts very briefly are that on 08.06.1997 at about 8.30 a.m., one Lal Singh, who was running a tea shop at By-pass Road, Sedariya Tiraha, lodged an FIR with Police Station Adarsh Nagar, Ajmer. In the FIR, he stated that at about 8.00 a.m. on 08.06.1997 one truck driver told him that ahead of Shantinath Dharm Kanta, on the wall of pulia (small bridge) one boy has been murdered and laid down and he went there to see and found that one boy, aged about 13-14 years, was lying dead in a pool of blood and several persons have gathered there. The police registered a case under Section 302, IPC, and after investigation, the police fi...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1078-1079 OF 201.. A. Savariar Appellant versus The Secretary, Tamil Nadu Public Service Commission and another Respondents JUDGMENT G. S. Singhvi, J.1. These appeals are directed against judgments dated 28.2.2008 and 4.2.2010 of the Full Bench and the Division Bench respectively of the Madras High Court whereby the appellants challenge to the order of the learned Single Judge was negatived and his dismissal from service was upheld.2. The appellant joined service under the Tamil Nadu Public Service Commission (for short, the Commission) as Junior Assistant w.e.f. 1.9.1973. While he was posted in P Section of the Commission, which deals with the appointment of Invigilators and Chief Invigilators for various examinations, the Commission issued Notification dated 8.8.1989 for holding competitive examination for direct recruitment of Assistant Surgeons. The main written examination was conducted on ...
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G.S. Singhvi, J.1. These appeals are directed against judgments dated 28.2.2008 and 4.2.2010 of the Full Bench and the Division Bench respectively of the Madras High Court whereby the appellant’s challenge to the order of the learned Single Judge was negatived and his dismissal from service was upheld.2. The appellant joined service under the Tamil Nadu Public Service Commission (for short, ‘the Commission’) as Junior Assistant w.e.f. 1.9.1973. While he was posted in ‘P’ Section of the Commission, which deals with the appointment of Invigilators and Chief Invigilators for various examinations, the Commission issued Notification dated 8.8.1989 for holding competitive examination for direct recruitment of Assistant Surgeons. The main written examination was conducted on 17.2.1990 and 18.2.1990. Shri Syed Abdul Kareem, who was appointed as Chief Invigilator at Bharathiar Government Arts College for Women, North Madras, examination centre, met the Superintende...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 94-95 of 2011 Sanaullah Khan Appellant Versus State of Bihar .. Respondent JUDGMENT A. K. PATNAIK, J.This is an appeal against the judgment dated 16.12.2009 of the Patna High Court in Death Reference Case No.1 of 2007 and Criminal Appeal (DB) No.379 of 2007. FACTS:2. The facts very briefly are that a fardbeyan was lodged on 17.12.2002 by one Sanju Kumar (hereinafter referred to as Informant), resident of Village Mathura, P.S. Bidupur, District Vaishali. In the fardbeyan, it was stated: Father of the informant, namely Ravindra Prasad, was running a tea stall near the Eastern gate of the GPO. For the tea stall he required about 25 Litres of milk everyday and this milk was being supplied by Sanaullah Khan, the appellant herein, for about a month. Sanaullah Khan started mixing water with the milk and the customers of the tea stall started making complaints about the quality of tea. On 02.12.2002 ...
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A.K. Patnaik, J.1. This is an appeal against the judgment dated 16.12.2009 of the Patna High Court in Death Reference Case No. 1 of 2007 and Criminal Appeal (DB) No. 379 of 2007.FACTS:2. The facts very briefly are that a fardbeyan was lodged on 17.12.2002 by one Sanju Kumar (hereinafter referred to as Informant), resident of Village Mathura, P.S. Bidupur, District Vaishali. In the fardbeyan, it was stated: Father of the informant, namely Ravindra Prasad, was running a tea stall near the Eastern gate of the GPO. For the tea stall he required about 25 Litres of milk everyday and this milk was being supplied by Sanaullah Khan, the appellant herein, for about a month. Sanaullah Khan started mixing water with the milk and the customers of the tea stall started making complaints about the quality of tea. On 02.12.2002 at about 2.00 p.m. Sanaullah Khan along with Md. Hamid and Arvind came to the tea stall and demanded the dues for the supply of milk. After calculation it was found that the du...
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Mrs. Ranjana Prakash Desai, J.1. Leave granted.2. In this appeal, by special leave, judgment and order dated 13/9/2010 of the Punjab and Haryana High Court dismissing Criminal Misc. No.M-2063 of 2009 filed under Section 482 of the Criminal Procedure Code (“the Code”) is challenged. In the petition before the High Court, the prayer was for issuing directions to respondents 1 to 4 for registration of FIR under Sections 302 and 201 of the Indian Penal Code (“the IPC”) against respondents 5 to 9, who were policemen attached to Police Station Bawal, District Rewari (Haryana), at the relevant time, for committing the murder of Sunil, son of the appellant in a fake encounter in the night intervening 12/10/2008 and 13/10/2008 at Rewari Road, Narnaul and for further direction to the Central Bureau of Investigation (“CBI”) to investigate the said FIR.3. Brief facts of the case need to be stated:According to the appellant, in the night intervening 12/10/2008 an...
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NON- REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.306 OF 201.[Arising out of Special Leave Petition (Crl.) No.9359 of 2010]. ROHTASH KUMAR APPELLANT Versus STATE OF HARYANA Through the Home Secretary, Government of Haryana, Civil Secretariat, Chandigarh & Ors. RESPONDENTS JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.1. Leave granted.2. In this appeal, by special leave, judgment and order dated 13/9/2010 of the Punjab and Haryana High Court dismissing Criminal Misc. not M-2063 of 2009 filed under Section 482 of the Criminal Procedure Code (the Code) is challenged. In the petition before the High Court, the prayer was for issuing directions to respondents 1 to 4 for registration of FIR under Sections 302 and 201 of the Indian Penal Code (the IPC) against respondents 5 to 9, who were policemen attached to Police Station Bawal, District Rewari (Haryana), at the relevant time, for committing the murder of Sunil, son of the appellant in a fake...
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