Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3334 OF2014(Arising out of SLP (C) No.15165 of 2010) Ranjit Kumar Bose & Anr. Appellants Versus Anannya Chowdhury & Anr. Respondents JUDGMENT A. K. PATNAIK, J.Leave granted. Facts of the Case 2. The appellants have inducted the respondents as tenants in respect of a shop room measuring 600 sq. feet at HA-3, Sector-3, Salt Lake City, Kolkata, and paying a monthly rent to the appellants. In respect of the tenancy, the appellants and the respondents have executed an unregistered tenancy agreement which has been notarized on 10.11.2003. On 06.03.2008, the appellants, through their Advocates, served a notice on the respondents terminating the tenancy and asking them to vacate the shop premises and the notice stated that after April, 2008 the relationship of landlord and tenant between the appellants and the respondents shall cease to exist and the respondents will be deemed to be trespassers liab...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.2951-2957 OF2001UNION OF INDIA AND OTHERS APPELLANT(S) VERSUS MAJOR S.P. SHARMA AND OTHERS RESPONDENT(S) JUDGMENT M.Y. EQBAL, J.:1. These appeals have been filed against the common judgment and order dated 21.12.2000 passed by Delhi High Court in L.P.A. Nos. 4, 43, 139, 148 of 1987, 21 of 1988, 77 of 1993 and 86 of 1994. By the said judgment, the High Court allowed the appeals preferred by the respondents and quashed not only their termination orders but also the General Court Martial (hereinafter referred to as GCM) proceedings held against Captain Ashok Kumar Rana and Captain R.S. Rathaur.2. Before we proceed with the matter, it would be appropriate to highlight the factual background and brief history of the case. In February 1971, Gunner Sarwan Dass was cultivated by Pakistan Intelligence. In 1972 Captain Ghalwat and Gunner Sarwan Dass crossed the international border. In 1973 Captain Ghalwat a...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NOs. 892-893/2014 Registrar General, High Court of Madras Petitioner Versus R. Gandhi & Ors. Respondent WITH TRANSFERRED CASE (CIVIL) No.31 OF2014(Arising out of WP (C) No.375/2014 pending in Madras High Court) WITH TRANSFERRED CASE (CIVIL) No.29 & 30 OF2014(Arising out of TP(C) NOS. 383 & 384 /2014(D.3826/2014) High Court of Madras by Registrar General Petitioner Versus P. Rathiram & Ors. Respondents JUDGMENT Dr. B.S. CHAUHAN, J.1. The issue of selection and elevation to the office of a High Court Judge has engaged the attention of this Court. The issue of such selection reflecting transparency, objectivity and constitutional sustainability has engaged the attention of this Court since this cause came to be espoused and dealt with by a nine-Judge Bench of this Court in Supreme Court Advocates-on-Record Assn. v. Union of India, (1993) 4 SCC441 more particularly known as Seco...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1502 OF2004BADAL MURMU AND ORS. APPELLANTS Versus STATE OF WEST BENGAL RESPONDENT JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.1. There are eleven appellants. All of them were tried by the Additional Sessions Judge, Burdwan for offences punishable under Section 148 and Section 302 read with Section 149 of the IPC. They were convicted for offences punishable under Section 148 and Section 302 read with Section 149 of the IPC and sentenced to undergo imprisonment for life for causing death of one Jhore Soren (deceased-Jhore Soren). The appellants appeal was dismissed by the High Court. Hence, the present appeal.2. The prosecution story could be shortly stated: The appellants and the prosecution witnesses belong to Santhal Community of village Mobarakpur. In March, 1989, deceased-Jhore Soren killed the hen of one Bhagbat. This created a furore in Santhal community. A Salish was called and the deceased w...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICITION CRIMINAL APPEAL NO.597 OF2010Sushil Ansal Appellant Versus State Through CBI Respondent (With Crl. Appeals No.598/2010, 599/2010, 600-602/2010, 604/2010, 605- 616/2010 and 617-627/2010) JUDGMENT T.S. THAKUR, J.Enforcement of laws is as important as their enactment, especially where such laws deal with safety and security of citizens and create continuing obligations that call for constant vigil by those entrusted with their administration. Callous indifference and apathy, extraneous influence or considerations and the cynical Chalta Hai attitude more often than not costs the society dearly in man-made tragedies whether in the form of fire incidents, collapse of buildings and bridges, poisonous gas leaks or the like. Short-lived media attention followed by investigations that at times leave the end result flawed and a long winding criminal trial in which the witnesses predecease their depositions or switch sides u...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION No.147 OF2014IN SPECIAL LEAVE PETITION(C) No.24874/2013 |Central Bank of India |.. Petitioner(s) | Versus |N.R.C. Limited |.. Respondent(s) | JUDGMENT H.L.GOKHALE, J.This contempt petition makes a grievance that the respondent-N.R.C. Ltd. has not complied with the order dated 19th August, 2013 passed by this Court while dismissing their SLP (C) No.24874 of 2013, and an action be taken against them for committing contempt of the above order passed by this Court. The said order dismissed the SLP filed by the respondent, challenging their eviction from the premises occupied by them. However, considering the number of employees who were engaged in their registered office situated at that place, they were granted time till the end of December, 2014 to vacate the premises, subject to filing the usual undertaking in the Registry of this Court within four weeks from that date, stating that the petitioner wil...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 541-542 OF2014(@ SPECIAL LEAVE PETITION (CRIMINAL) NOS. 4797-4798 OF2011 RUPAK KUMAR APPELLANT VERSUS STATE OF BIHAR & ANR. RESPONDENTS JUDGMENT CHANDRAMAULI KR. PRASAD,J.The petitioner is aggrieved by the order whereby his prayer for quashing the order taking cognizance under Section 16(1)(a) of the Prevention of Food Adulteration Act and issuing process has been declined. Short facts giving rise to the present special leave petitions are that when the petitioner was posted as the Superintendent of District Jail, Bihar Sharif, the Food Inspector visited the jail premises and collected samples of various materials including Haldi and Rice. Those articles were stored for consumption of the prisoners. The samples so collected were sent for examination and analysis and, according to the report of the Public Analyst, Haldi and Rice were not found in conformity with the prescribed standard and,...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4371 OF2008Panchraj Tiwari Appellant (s) Versus M. P. State Electricity Board and others Respondent (s) JUDGMENT KURIAN, J.:1. Whether on integration/merger/amalgamation, is it permissible to have complete denial of promotion forever in the integrated service, is the short question arising for consideration in this case.2. Appellant a graduate started his career as junior engineer on 23.09.1986 in the Rural Electricity Cooperative Society, Rewa. During 1995, it appears a policy decision was taken by the State Government to dissolve all such societies and merge the same with Madhya Pradesh State Electricity Board (hereinafter referred to as MPSEB). Accordingly, the Managing Committee of the Rural Electricity Cooperative Society, Rewa was superseded in May, 1995 and a Superintending Engineer of the MPSEB was appointed as Officer In-charge. However, it took a few years to complete the formalities of the merger. F...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3148 OF2014[Arising out of Special Leave Petition (Civil) No.4267 of 2013]. Lalitkumar V. Sanghavi (D) Th. LRs Neeta Lalit Kumar Sanghavi & Anr. Appellants Versus Dharamdas V. Sanghavi & Ors. Respondents JUDGMENT Chelameswar, J.1. Aggrieved by an order dated 24th September, 2010 in Arbitration Application No.44/2008 on the file of the High Court of Bombay, the instant SLP is filed by the two children of the applicant (hereinafter referred to as the original applicant) in the above mentioned application. The SLP is filed with a delay of 717 days. Therefore, two IAs came to be filed, one seeking substitution of the legal representatives of the deceased appellant and the other for the condonation of delay in filing the SLP.2. The 1st respondent is the brother of the original appellant and the other respondents are the children of another deceased brother of the original applicant. Respondents are...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.47-48 OF2013Ashok Debbarma @ Achak Debbarma .. Appellant Versus State of Tripura .. Respondent JUDGMENT K. S. RADHAKRISHNAN, J.1. We are, in this case, concerned with a tragic incident in which a group of Armed Extremists at Jarulbachai village in the night of 11.2.1997, set fire to twenty houses belonging to a group of linguistic minority community of Bengal settlers, in which 15 persons lost their lives, which included women and children and causing extensive damage to their properties.2. The Takarajala Police Station, West Tripura got information about the incident at about 11.00 p.m. on 11.2.1997 from Jarullabachai DAR Camp stating that extremists had set on fire a number of houses at Jarulbachai village and that the people had been shot dead and injured grievously. Information so received was entered into the General Diary at the Takarajala Police Station in the form of Entry No.292 dated ...
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