Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.59 OF2010Nesar Ahmed & Anr. ........ Petitioner(s) Versus State of Jharkhand & Ors. .........Respondent(s) With W.P. (Civil) No.173 of 2010; W.P. (Civil) No.39 of 2011 JUDGMENT A.K. SIKRI, J.1. All the petitioners, in these three Writ Petitions filed under Article 32 of the Constitution of India, are similarly situated. After getting the requisite training they have acquired the nomenclature of 'trained teachers'. They seek an appointments in the schools run by the Respondent-State of Jharkhand as assistant teachers. Some IAs filed by several similarly situated teachers for impleadment and seeking the same relief. It is for this reason that these petitions were conjointly heard.2. The exact prayer, contained in Writ Petition (Civil) No.173 of 2010, would give a glimpse of the nature of the case set up by these petitioners and the precise relief which these petitioners pray for. This pr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 1419-1420 of 2013 Rajkumar Appellant Versus State of M.P. Respondent JUDGMENT Dr. B.S. CHAUHAN, J.1. These appeals have been preferred against the impugned judgment and order dated 27.6.2013 passed in Criminal Reference No.01 of 2013 and Criminal Appeal No.397 of 2013 passed by the High Court of Madhya Pradesh at Jabalpur affirming the conviction of the appellant under Sections 376 and 450 of the Indian Penal Code, 1860 (hereinafter referred to as the `IPC) as well as confirming the death sentence awarded for the offence under Section 302 IPC by the trial court vide judgment and order dated 5.2.2013 passed in Sessions Trial No.20 of 2013.2. Facts and circumstances giving rise to these appeals as per the prosecution are that: A. On 26.12.2012, the appellant, aged 32 years, came to the house of his neighbour Iknis Jojo (PW.1) and stayed with his four children as Iknis Jojo (PW.1) and his wife Al...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.492 OF2014(Arising out of SLP (Crl.) No.8406 of 2012) Dinubhai Boghabhai Solanki Appellant VERSUS State of Gujarat & Ors. ...Respondents WITH CRIMINAL APPEAL No.493 OF2014(Arising out of SLP (Crl.) No.8292 of 2012) JUDGMENT SURINDER SINGH NIJJAR, J.1. This special leave petition impugns the judgment and order dated 25th September, 2012 passed by the Gujarat High Court at Ahmedabad in Special Criminal Application No.1925 of 2010. By the aforesaid judgment, the High Court has directed that the investigation into the death of Amit Jethwa (hereinafter referred to as Jethwa), a Right to Information activist be investigated by the CBI authorities and further directing that the proceedings pursuant to the charge sheet submitted by the Gujarat Police shall remain stayed.2. The facts leading to the filing of the special leave petition out of which the present criminal appeal arises are as under: Jeth...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1490 OF2008Shyamal Saha & Anr. ....Appellants Versus State of West Bengal ....Respondent JUDGMENT Madan B. Lokur, J.1. This appeal questions the limits of interference by the High Court in an appeal against the acquittal of an accused by the Trial Court. In our opinion, the High Court ought not to have interfered in the appeal before it with the acquittal of the appellants by the Trial Court. Facts:2. The sequence of events, as it has unfolded from the evidence of the witnesses, is that on 19th May, 1995 a thermal plant of the Calcutta Electric Supply Company had opened across the river Ganges in Mauza Bhabanipur Char, District Hooghly, West Bengal.3. Paritosh Saha was with his mother Bidyutprava Saha (PW-5) at about 5.00/5.30 p.m. on 19th May, 1995. Thereafter, he and his nephew Animesh Saha (CW-1) aged about 10 years went for a walk on the banks of the river Ganges where they met Gopal Sah...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2572-2573 OF2014(@ SLP (C) NOS.26020-26021 OF2013 The M.D., Chennai Metro Rail Ltd. Appellant VERSUS N. Ismail & Ors. Respondents With CIVIL APPEAL NOS. 2575-2578 OF2014(@ SLP (C) NOS.26199-26202 OF2013 JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.1. I.A. Nos.1-2 & I.A. Nos.1-4, applications for impleadment, filed in Special Leave Petition (C) Nos.26020-26021 of 2013 and Special Leave Petition (C) Nos.26199-26202 of 2013, are allowed. Registry to carry out necessary amendment.2. Leave granted.3. These appeals have been filed by the State of Tamil Nadu represented by the Managing Director of Chennai Metro Rail Ltd. and the Principal Secretary to Government Revenue LD-1(1) Department. The issue concerned in these appeals relates to an extent of 5 Grounds and 275 sq.ft. of land in T.S. No.43/2 in Chennai District, Fort Tondiarpet Taluk, Block No.7 of Vepery Village. The abovesaid land along wit...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2726-2729 OF2014(Arising out of SLP (C) Nos. 5681-5684/2014) @ CC. 19326-19329/2013) Secretary to Government, School Education Department, Chennai Appellant Versus Thiru R. Govindaswamy & Ors. Respondents WITH CIVIL APPEAL NOs. 2730-2731 OF2014(Arising out of SLP (C) Nos. 5686-5687/2014) @ CC. 19982-19983/2013) ORDER Dr. B.S. CHAUHAN, J.1. These appeals have been preferred against the impugned judgments and orders dated 21.11.2012 and 16.11.2012 in Writ Appeal Nos. 2402, 2403 2404, 2405 of 2012 and 2555, 2556 of 2012 passed by the High Court of Madras, by which the High Court has regularised the services of part-time sweepers (respondents herein).2. Facts and circumstances giving rise to these appeals are that: The respondents had been appointed as part-time sweepers by appellant from 1987 till 1993 as their initial appointments had been issued to the respondents and others on 1.12.1987, 2.5.199...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.36921 OF2013Syed Gulzar Hussain & Others .. Petitioners Versus Dewan Syed Ale Rasul Ali Khan & Others .. Respondents WITH SPECIAL LEAVE PETITION (CIVIL) No.36923 OF2013AND SPECIAL LEAVE PETITION (CIVIL) NO.36953 OF2013ORDER K. S. RADHAKRISHNAN, J.1. We are, in these cases, primarily concerned with the resolution of a dispute between the Dewan Sajjadanashin and Khadims of the Holy Shrine of Hazrat Khawaja Moinuddin Chishti at Ajmer with regard to the sharing of Nazrana offered by the pilgrims visiting the Holy Shrine. Petitioners submit that the High Court, while deciding the above issue, practically framed a Scheme for the implementation of the final decree dated 3.5.1933 (as amended on 29.1.1940) in Civil Suit No.9 of 1929 passed by the Additional District Judge, Ajmer-Merwana, Ajmer which, according to the petitioners, was not warranted and beyond the scope of the decre...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.466 OF2014[Arising out of SLP (Crl.) No.7044 of 2007]. PASUPULETI SIVA RAMAKRISHNA RAO . APPELLANT VERSUS STATE OF ANDHRA PRADESH & ORS. . RESPONDENTS JUDGMENT S. A. BOBDE, J.1. Leave granted.2. The appellant/defacto complainant has filed this appeal against the judgment dated 1st February, 2007 passed by the learned Single Judge of the High Court of Judicature at Andhra Pradesh. The High Court allowed the appeal in part, and acquitted the accused for the offences under Section 452 read with Section 34 of the Indian Penal Code [hereinafter referred to as IPC].. The High Court further modified the conviction and sentence under Section 307 read with Section 34 IPC to one -under Section 324 IPC and accordingly reduced the sentence of 10 years to rigorous imprisonment for two months each and also to fine of Rs. 2,000/- each, in default to suffer simple imprisonment for a period of six months. Fu...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1419-1420 OF2012Anil @ Anthony Arikswamy Joseph .. Appellant Versus State of Maharashtra .. Respondent JUDGMENT K. S. RADHAKRISHNAN, J.1. We are, in this case, concerned with a gruesome murder of a minor boy aged 10 years after subjecting him to carnal intercourse and then strangulating him to death.2. The accused, Anil @ Anthony Arikswamy Joseph, was charge-sheeted with offences punishable under Sections 302, 377 and 201 of the Indian Penal Code (IPC). The Principal District and Sessions Judge, Nagpur in Sessions Trial No.167 of 2008 convicted the Appellant for the offence punishable under Section 302 IPC and sentenced him to death and also sentenced to pay a fine of Rs.10,000/- and in default to suffer rigorous imprisonment for one year and for the offence punishable under Section 377 IPC, he was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- and in def...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.273 OF2006Sujoy Kumar Chanda ... Appellant Vs. Damayanti Majhi & Anr. Respondents AND CRIMINAL APPEAL NO.274 OF2006Sasanka Sekhar Banerjee Appellant Vs. Damayanti Majhi & Anr. Respondents JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.1. Both these appeals are directed against Judgment and Order dated 7/6/2005 passed by the Calcutta High Court in C.R.R. No.3140 of 2004 and, hence, they are being disposed of by this common order.2. The facts which give rise to this judgment need to be shortly stated. One Khagen Majhi was killed in the early hours of 30/4/1997. He was shot dead. On the same day P.S. Kalyani registered Case No.50 of 1997 under Sections 147, 148, 149, 353, 307 and 326 of the Indian Penal Code (the IPC) and Sections 25 and 27 of the Arms Act against unknown persons. On 17/5/1997, a complaint was filed by Smt. Damyanti Majhi, the mother of deceased Khagen Majhi against SI San...
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