Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.689 OF2014[Arising out of SLP (Crl.)No.1348 of 2014]. SUNDEEP KUMAR BAFNA ....APPELLANT vs STATE OF MAHARASHTRA & ANR. ..RESPONDENT(S) JUDGMENT VIKRAMAJIT SEN,J.1. Leave granted.2. A neat legal nodus of ubiquitous manifestation and gravity has arisen before us. It partakes the character of a general principle of law with significance sans systems and States. The futility of the Appellants endeavours to secure anticipatory bail having attained finality, he had once again knocked at the portals of the High Court of Judicature at Bombay, this time around for regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or even the Sessions Judge. The legality of this conclusion is the gravemen of the appeal before us. While declining to grant a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1310 OF2010P.C. Mishra . Appellant Versus State (C.B.I.) & Anr. . Respondents JUDGMENT K.S. Radhakrishnan, J.1. We are, in this appeal, concerned with the question whether the pardon granted by the Metropolitan Magistrate, Tis Hazari, Delhi, under Section 306 Cr.P.C. to the second Respondent, against whom R.C. No.15(A) 96 DLI dated 29.2.1996 under Section 7 of the Prevention of Corruption Act, 1988 was registered by the Central Bureau of Investigation, is legally sustainable.2. The Central Bureau of Investigation (CBI) registered R.C. No.15(A) 96 DLI dated 29.2.1996 under Section 7 of the Prevention of Corruption Act, 1988 (for short PC Act) on receipt of a written complaint on 29.2.1996 from Gulshan Sikri, proprietor of M/s Filtrex India, Nangal Raya, New Delhi, against P.C. Mishra, the then Assistant Commissioner of Sales Tax (Appeals), Appellant herein, for demanding Rs.4,000/- as bribe f...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION1CRIMINAL APPEAL No.687 OF2014(Arising out of S.L.P. (Crl.) No.2634 of 2013) Homi Rajvansh .... Appellant(s) Versus State of Maharashtra & Ors. .... Respondent(s) JUDGMENT P.Sathasivam, CJI.1) Leave granted.2) The above appeal is filed against the final impugned judgment and order dated 29.06.2012 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No.220 of 2010 wherein the High Court quashed the criminal proceedings against Alok Ranjan-Respondent No.3 herein (writ petitioner in the High Court) in C.C. No.1036/CPW/2008 pending before the Metropolitan Magistrate, 19th Court, Esplanade, Mumbai.3) Brief facts: (a) The appellant, an Indian Revenue Service Officer, joined National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED), on deputation on 15.07.2003 as an Executive Director. (b) On 01.10.2003, Respondent No.3 hereinAlok Ranjan took over the charge as the new Managi...
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[REPORTABLE]. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.686/2014 (arising out of S.L.P.(Criminal) No.9547 of 2013) Narinder Singh & Ors. Appellants Vs. State of Punjab & Anr. Respondents JUDGMENT A.K.SIKRI,J.1. The present Special Leave Petition has been preferred against the impugned judgment/final order dated 8.10.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Miscellaneous Petition No.27343/2013. It was a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing of FIR No.121/14.7.2010 registered under Sections 307/324/323/34,IPC, on the basis of compromise dated 22.7.2013 entered into between the petitioners ( who are accused in the said FIR) and respondent No.2 (who is the complainant). The High Court has refused to exercise its extraordinary discretion invoking the provisions of Section 482 of the Code on the ground that four injuries were suffered b...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.696 OF2009Mangat Ram .. Appellant Versus State of Haryana .. Respondent JUDGMENT K. S. Radhakrishnan, J.1. The appellant Mangat Ram, a member of SC community, married the deceased Seema, a member of the Aggarwal community on 13.7.1993 at Ambala. Few months after the marriage, on 15.9.1993, according to the prosecution, the appellant sprinkled kerosene oil on the body of the deceased and set her on fire, having failed to meet the dowry demand. On hearing the hue and cry, neighbours assembled and took her to the Civil Hospital, Gohana and, later, she was shifted to the Medical College and Hospital, Rohtak, where she died on 17.9.1993. The appellant, along with his parents and sister, were charge-sheeted for the offences punishable under Sections 498- A and 304-B IPC.2. The prosecution, in order to bring home the offences, examined PWs 1 to 7 and also produced various documents. On the side of defe...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) No.116 OF1998JUSTICE SUNANDA BHANDARE FOUNDATION Petitioner(s) VERSUS U.O.I. & ANR Respondent(s) WITH WRIT PETITION (CIVIL) No.115 OF1998WRIT PETITION (CIVIL) No.430 OF2000CIVIL APPEAL No.6442 OF1998CIVIL APPEAL No.6443 OF1998JUDGMENT R.M. LODHA, J.: Writ Petition (Civil) No.116 of 1998 In this Writ Petition filed by the petitioner “ a charitable trust, the prayers made are (i) for implementation of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, '1995 Act'), (ii) direction for the reservation of 1% of the identified teaching posts in the faculties and college of various Universities in terms of Section 33 of the 1995 Act, and (iii) for declaration that denial of appointment to the visually disabled persons in the faculties and college of various Universities in the identified posts is vio...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4026 OF2014[Arising out of Special Leave Petition (Civil) No.12463/2012]. Executive Director, Steel Authority of India & Ors. Appellants vs. Tycoon Traders & Ors. Respondents JUDGMENT Pinaki Chandra Ghose, J.1. Leave granted.2. This appeal has been filed against the order dated February 21, 2012 passed by the High Court of Karnataka in W.P. No.38280/2011.3. The facts of the case reveal that on February 19, 2007, Steel Authority of India (for short SAIL) had advertised for E-auction of 1.00 lakh metric tons of iron ore (fines) from Kemmanagundi mines. On March 13, 2007, auction was held and respondent No.1 was declared as the successful tenderer. It would be evident from the sale order dated March 16, 2007 that the price was agreed upon at [pic].1,132/- per metric ton plus VAT of 4% aggregating to [pic].11,32,00,000/- plus VAT of 4%. The appellant duly paid [pic].176 lakhs being 15% of the to...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION1WRIT PETITION (CRIMINAL) No.155 OF2013Mohd. Haroon & Ors. .... Petitioner (s) Versus Union of India & Anr. .... Respondent(s) 2 3 WITH Writ Petition (Crl.) Nos. 158, 165, 170, 171, 179, 181 196, 206 of 2013, Writ Petition (Crl.) No.11 of 2014 Contempt Petition (Crl.) No..of 2014 (D1372) In Writ Petition (Crl.) No.155 of 2013 Transferred Case (Civil) Nos. 123, 124 and 125 of 2013, Transfer Petition (Civil) Nos. 1750, 1825, 1826, 1827, 1828, 1829, 1830 of 2013 AND Special Leave Petition (Civil) No.35402 of 2013 4 JUDGMENT P.Sathasivam, CJI.1) These writ petitions and other connected matters relate to the riots that broke out on the fateful day of 07.09.2013. The riots erupted in and around District Muzaffarnagar, Uttar Pradesh as a result of communal tension prevailing in the city, which wrecked lives of a large number of people who fled from their homes out of anxiety and fear.2) It is asserted in these peti...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3122 OF2006Haryana State Agricultural Marketing Board Appellant vs. Bishamber Dayal Goyal and Ors. Respondents JUDGMENT Pinaki Chandra Ghose, J.1. The present appeal has been filed assailing the order dated April 13, 2005 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission) in Revision Petition Nos. 534-537 of 2005, affirming the order dated November 10, 2004 passed by the State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the State Commission), which further confirmed the order dated September 20, 2001 passed by the District Forum.2. The facts of the case briefly are as follows : a) By a notification dated November 16, 1971, the Haryana State Government under Section 7 of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the said Act), notified the area of New Grain Mandi, Ada...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO . 4023 of 2014 (Arising out of Special Leave Petition (Civil) No.3396 of 2011) Western Electricity Supply Co. of Orissa Ltd & Ors. ...Appellants vs M/s Baba Baijanath Roller and Flour Mill P. Ltd. ...Respondent With CA No.4024 of 2014 (arising out of SLP (Civil) No.3397 of 2011) JUDGMENT Pinaki Chandra Ghose, J.1. Leave granted.2. This appeal is directed against an order dated August 3, 2010 passed by the High Court of Orissa allowing the writ petition filed by the respondent, quashing the bill issued by the appellant for a sum of [pic].5,10,930/- as well the notice of disconnection dated October 5, 2010.3. The respondent-writ petitioner is a registered company, inter alia, carrying on its business under the name and style of M/s. Baba Baijnath Roller and Flour Mill Pvt. Ltd., having installed a Mill in the district of Jharsuguda and is the consumer of the appellant herein.4. The facts of the case...
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