Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(CRL.)NO.147 OF 201.1 Suresh Kumar Bhikamchand Jain PETITIONER Vs. 2 State of Maharashtra & Anr. RESPONDENTS JUDGMENT ALTAMAS KABIR, CJI.1. This Special Leave Petition arises out of the judgment and order dated 17th December, 2012, passed by the Aurangabad Bench of the Bombay High Court in CRLA No.4601 of 2012, dismissing the same and directing the Special Judge, in seisin of the matter, to expedite the hearing on framing of charge, as had been directed by this Court on 12th October, 2012, while disposing of Special Leave to Appeal (Crl.) No.6463 of 2012, filed by the co-accused Pradeep Raisoni.2. This case has thrown into focus certain important issues regarding the right of an accused to be released on bail under Section 167(2) of the Code of Criminal Procedure, 1973, hereinafter referred to as ".Cr.P.C.".. One of such issues concerns the power of the Magistrate to pass orde...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1310 OF 201.(Arising out of S.L.P. (C) No.28824 of 2011) Vijoy Kumar Pandey Appellant Versus Arvind Kumar Rai & Ors. Respondents JUDGMENT T.S. THAKUR, J.1. Leave granted.2. This appeal by special leave is directed against the judgement and order dated 29th January, 2010 passed by the Division Bench of the High Court of Judicature at Calcutta whereby in FMA No.1415/2009 filed by the respondent No.1 has been allowed, the order passed by the Single Judge of that Court set aside and the respondent-School Service Commission directed to act in terms of an earlier order dated 12th March 2009 passed by that Court in Writ Petition No.6117(W) of 2004. The controversy arises in the following backdrop.3. Against the vacant post of Headmaster at Howrah Siksha Niketan, as many as five candidates applied for appointment to the School Service Commission, West Bengal. The Commission found two of those applying for...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2109 OF 200.ASLAM APPELLANT VERSUS STATE OF UTTAR PRADESH RESPONDENT WITH CRIMINAL APPEAL NO.2110 OF 200.GALLI APPELLANT VERSUS STATE OF UTTAR PRADESH RESPONDENT ORDER 1. These appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad, Lucknot Bench in Criminal Appeal Nos. 51 and 92 of 1996, dated 06.07.2007. By the impugned judgment and order, the High Court has confirmed the judgment and order, dated 18.01.1996, passed by the Trial Court in S.T. No.557 of 1992 whereby and whereunder the Trial Court has convicted the appellants for offence punishable under Sections 376 read with 34 of the Indian Penal Code, 1860 (the IPC for short) and sentenced them to undergo rigorous imprisonment for a period of seven years.2. The prosecution case in brief is as under: The prosecutrix, aged about 19 years was married and had an infant daughter at the time of the incident. O...
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T.S. Thakur, J.1. Leave granted.2. This appeal by special leave is directed against the judgment and order dated 29th January, 2010 passed by the Division Bench of the High Court of Judicature at Calcutta whereby in FMA No.1415/2009 filed by the respondent No.1 has been allowed, the order passed by the Single Judge of that Court set aside and the respondent-School Service Commission directed to act in terms of an earlier order dated 12th March 2009 passed by that Court in Writ Petition No. 6117(W) of 2004. The controversy arises in the following backdrop.3. Against the vacant post of Headmaster at Howrah Siksha Niketan, as many as five candidates applied for appointment to the School Service Commission, West Bengal. The Commission found two of those applying for the post to be ineligible but short listed the remaining three for consideration. Kavindra Narayan Roy, one of the candidates found ineligible questioned the rejection of his candidature in Writ Petition No.6117 (W) of 2004 fil...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 2 CIVIL APPEAL No.1340-1341 OF 201.(Arising out of S.L.P. (C) Nos. 18859-18860 of 2012) Awani Kumar Upadhyay .... Appellant(s) Versus The Honble High Court of Judicature at Allahabad and Ors. .... Respondent(s) JUDGMENT P. Sathasivam, J.1) Leave granted. 2) These appeals arise from the judgment and final orders dated 01.03.2012 and 23.04.2012 passed by the High Court of Judicature at Allahabad in Second Appeal No.1444 of 2000 and Civil Misc. Modification Application No.122702 of 2012 in Second Appeal No.1444 of 2000 respectively, whereby the High Court, while allowing the second appeal, passed severe strictures against the appellant-herein and forwarded a copy of its judgment to Honble Chief Justice of the High Court to consider as to whether disciplinary proceedings are warranted against him?. 3) The case of the appellant, in brief, is as under: a) The appellant, who is a Member of the U.P. Higher Judicial Service...
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P. Sathasivam, J.1) Leave granted.2) These appeals arise from the judgment and final orders dated 01.03.2012 and 23.04.2012 passed by the High Court of Judicature at Allahabad in Second Appeal No. 1444 of 2000 and Civil Misc. Modification Application No. 122702 of 2012 in Second Appeal No. 1444 of 2000 respectively, whereby the High Court, while allowing the second appeal, passed severe strictures against the appellant-herein and forwarded a copy of its judgment to Hon’ble Chief Justice of the High Court to consider as to whether disciplinary proceedings are warranted against him?3) The case of the appellant, in brief, is as under:a) The appellant, who is a Member of the U.P. Higher Judicial Service, is posted as Additional District and Sessions Judge, Moradabad and, according to him, he is having unblemished service career and has successfully completed 30 years of service.b) The High Court, while allowing the Second Appeal No. 1444 of 2000 titled U.P. Avas Evam Vikas Parishad, ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 204-205 OF 200.Bhimandas Ambwani (D) Thr. Lrs. Appellants Versus Delhi Power Company Limited & Ors. Respondents with C.A. No.203/2004 ORDER CIVIL APPEAL NOS. 204-205 OF 200.1. These appeals have been preferred against the impugned judgment and order dated 22.3.2002, passed by Delhi High Court in LPA No.46 of 1983 and judgment and order dated 21.5.2002 passed in Review Application C.M. No.893 of 2002 therein by way of which the appeal filed by the respondents against the judgment and order of the learned Single Judge dated 26.11.1982 had been allowed.2. Facts and circumstances giving rise to these appeals are that :- A. The appellants had been conferred title over the land in Khasra No.307 admeasuring 3 bighas and 3 biswas situate in the revenue estate of village Kilokri, Delhi and the Conveyance Deed for the same was registered on behalf of the President of India in favour of the appellant on 6....
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CIVIL APPEAL NOS. 204-205 OF 20041. These appeals have been preferred against the impugned judgment and order dated 22.3.2002, passed by Delhi High Court in LPA No.46 of 1983 and judgment and order dated 21.5.2002 passed in Review Application C.M. No.893 of 2002 therein by way of which the appeal filed by the respondents against the judgment and order of the learned Single Judge dated 26.11.1982 had been allowed.2. Facts and circumstances giving rise to these appeals are that :-A. The appellant had been conferred title over the land in Khasra No.307 admeasuring 3 bighas and 3 biswas situate in the revenue estate of village Kilokri, Delhi and the Conveyance Deed for the same was registered on behalf of the President of India in favour of the appellant on 6.6.1962.A Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) was issued on 5.3.1963 in respect of the land admeasuring 139 bighas and 2 biswas including the aforesaid land ...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.303 OF 201.(@ SPECIAL LEAVE PETITION (CRIMINAL) NO.2500 OF 2012.PANKAJ GARG ...APPELLANT VERSUS MEENU GARG & ANR. ...RESPONDENTS ORDER 1. Leave granted.2. This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Criminal Misc. Petition No.1374 of 2010, dated 21.02.2012. By the impugned judgment and order, the High Court has reversed the findings and the conclusions reached by the learned Additional Civil Judge (J.D.) and Judicial Magistrate, in the order dated 19.02.2008, as well as by the learned Additional District and Sessions Judge, in the order dated 06.07.2010.3. The facts in nutshell are: The appellant and the respondent no.1 are husband and wife. The respondent no.1 has lodged a complaint against the appellant-accused for the offences punishable under Sections 498-A and 406 of the Indian Penal Code, 1860 (the ...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1137 OF 201.(@ SPECIAL LEAVE PETITION (CIVIL)NO.374 OF 2009.VISVA BHARATI & ORS. ...APPELLANTS VERSUS SHRI BAIDYA NATH SAHA & ORS. ...RESPONDENTS ORDER 1. Leave granted.2. This appeal is directed against the judgment and order passed by the High Court of judicature of Calcutta in M.A.T.No.847 of 2008, dated 3rd December, 2008. By the impugned judgment and order, the High Court has issued the following directions: ....The order under appeal is affirmed in so far as it quashed the re-advertisement and is modified in its remaining part by directing the University to undertake a selection process between the two remaining candidates the writ petitioner and Subrata Biswas upon setting down objective standards of evaluation; giving weightage by way of marks to the educational qualifications, experience and performance at a fresh interview of the two candidates that may be taken. In the event, however, that S...
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