Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.551 OF2011Muralidhar @ Gidda & Anr. Appellants Versus State of Karnataka Respondent WITH CRIMINAL APPEAL NO.791 OF2011AND CRIMINAL APPEAL NO.1081 OF2011JUDGMENT R.M. LODHA, J.These three criminal appeals arise from the common judgment and, therefore, they were heard together and are being disposed of by the common judgment.2. The statement (Ex.P-22) recorded by the police on 17.08.2002 between 9.55 P.M. and 10.20 P.M. at K.R. Hospital, Mandya triggered the prosecution of the appellants and one Swamy. Ex.P-22 is in Kannada, which in English translation reads:The statement of Pradeep son of Swamygowda, 28 years, Vakkaligaru by community, agriculturist residing at Majigepura village, Srirangapatna Taluk. Today at about 8.30 p.m. night, I was sitting in front of shaving shop by the side of shop of Javaregowda on K.R.S. Majigepura Road along with Vyramudi, Prakash and Umesh. At that time Naga,...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.481 OF2009METAL POWDER COMPANY LTD. ... APPELLANT (S) VERSUS ORIENTAL INSURANCE CO. LTD. ... RESPONDENT (S) JUDGMENT RANJAN GOGOI, J.1. This is a plaintiffs appeal against a decree of reversal made by the High Court of Madras by its judgment and order dated 28.04.2006.2. The facts, which are not in dispute, are as follows:- The plaintiff is a company engaged in the manufacture and sale of metal powders and red phosphorous having its manufacturing unit and administrative office at Maravankulam, Thirumangalam, Madurai District. The plaintiff had purchased 15.06 metric tonnes of yellow phosphorous from M/s. Metallgeseliachaft AG, Frankfurt, West Germany under Invoice No.410 64821 dated 06.06.1983 for a value of US$ 23,946 C&F. The said commodity was booked through M.V. Palam Trader to be delivered at Bombay Port and from the Bombay Port to the plaintiffs factory at Maravankulam. The goods were in...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4433 OF2014(Arising out of SLP (C) No.17533 of 2010) Smt. Leela Krishnarao Pansare and others .....Appellants Versus Babasaheb Bhanudas Ithape and others ..Respondents JUDGMENT1ANIL R. DAVE, J.1. Leave granted.2. Being aggrieved by the judgment delivered in First Appeal No.1138 of 2009 by the Bombay High Court at Aurangabad on 14.1.2010, the appellants have approached this Court by way of this appeal.3. The facts giving rise to the present litigation, in a nutshell, are as under : The appellants had filed a suit against the present respondents for a declaration to the affect that the agreement to sell entered into between the appellants and the respondents should be cancelled and the appellants should be put in possession of the land in question, which had been agreed to be sold in pursuance of the agreement to sell dated 17.08.1995. Certain undisputed facts in the case are to the effect that the ...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.125 OF2013SUDESH DOGRA ... PETITIONER(S) VERSUS UNION OF INDIA & ORS. ... RESPONDENT (S) WITH WRIT PETITION (CRL.) NO.251 OF2011JUDGMENT RANJAN GOGOI, J.1. The petitioner in Writ Petition (Criminal) No.125 of 2013 is the Political Secretary of J & K National Panthers Party (JKNPP) which is a political party recognised by the Election Commission of India. Setting out figures and statistics of innocent people who have lost their lives in incidents of crime and terrorists acts committed from time to time in the State of Jammu & Kashmir, the persistent failure of the State Government to prevent such untoward incidents have been alleged alongwith the perceived inefficiency of the State Government in providing adequate relief and rehabilitation measures including compensation following such incidents. Specifically, the writ petition centres around an incident that had occurred ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION1CIVIL APPEAL No.1672 OF2010Purnya Kala Devi .... Appellant(s) Versus State of Assam & Anr. .... Respondent(s) JUDGMENT P. Sathasivam, CJI.1) This appeal is directed against the impugned final judgment and order dated 04.01.2007 passed by the Gauhati High Court in MAC Appeal No.30 of 2003 whereby the High Court held that the claimant/appellant herein is entitled to a sum of Rs. 1,94,400/- as compensation for the death of her husband in the motor vehicle accident and the same is payable by Abdul Salam-who was the registered owner of the vehicle at the relevant point of time and not by the State Government.2) Brief Facts: a) The appellant/claimant is a widow and mother of four children. On 16.02.1993, at about 10:15 a.m., the claimants husband died in a road accident by a speeding bus belonging to Md. Abdul Salam which was not insured and was under requisition of the State Government at the relevant time. b) The app...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1391 OF2009MALLAMMA (DEAD) BY L.Rs. APPELLANT(S) VERSUS NATIONAL INSURANCE CO. LTD. & ORS. RESPONDENTS JUDGMENT N.V. RAMANA, J.1. This appeal by special leave is directed against the impugned judgment and order dated 10th August, 2005 passed by the High Court of Karnataka in M.F.A. No.3842 of 2003 whereby the High Court partly allowed the appeal preferred by the Respondent No.1National Insurance Company discharging it from the liability of payment of compensation to the claimants Appellants.2. The brief facts of the case leading to this appeal are that on 3rd April, 1997 at about 1.00 p.m., when Honniah @ Dodda Thimmaiah was returning from the field driving a tractor with the sand load on the trailor, the tractor overturned and Honnaih @ Dodda Thimmaiah died owing to the injuries sustained in the accident. Appellants herein are the claimantslegal representatives of the deceased Honniah @ Dodda T...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.833 OF2014ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.7700 OF2007M/S. HARYANA STATE COOP. SUPPLY AND MARKETING FEDERATION LTD. ... APPELLANT VERSUS M/S. JAYAM TEXTILES & ANR. ... RESPONDENTS WITH CRIMINAL APPEAL No.834 OF2014ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) No.20 OF2008M/S. HARYANA STATE COOP. SUPPLY AND MARKETING FEDERATION LTD. ... APPELLANT VERSUS M/S. JAYAM TEXTILES & ANR. ... RESPONDENTS - JUDGMENT N.V. RAMANA, J.1. Leave granted.2. The present appeals have been filed against the judgment dated 18.06.2007 passed by the High Court of Judicature at Madras in Crl. A. Nos. 348 and 410 of 2001 thereby dismissing the said appeals on the ground that Mr. Davinder Kumar Lal, claiming to be the power of attorney holder of the appellant-Federation, has no locus standi to file the complaints/appeals as he has failed to prove that the Appellant-Federation had authorised h...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4424 OF2014(Arising out of S.L.P. (C) No.20558 of 2013 Karnataka Power Transmission Corporation Limited and another ... Appellants Versus M/s. Deepak Cables (India) Ltd. ...Respondent With CIVIL APPEAL No.4425 OF2014(Arising out of S.L.P. (C) No.29008 of 2013) With CIVIL APPEAL No.4426 OF2014(Arising out of S.L.P. (C) No.29009 of 2013) With CIVIL APPEAL No.4427 OF2014(Arising out of S.L.P. (C) No.29010 of 2013) With CIVIL APPEAL No.4428 OF2014(Arising out of S.L.P. (C) No.29011 of 2013) With CIVIL APPEAL No.4429 OF2014(Arising out of S.L.P. (C) No.29012 of 2013) With CIVIL APPEAL No.4430 OF2014(Arising out of S.L.P. (C) No.29013 of 2013) With CIVIL APPEAL No.4431 OF2014(Arising out of S.L.P. (C) No.29014 of 2013) JUDGMENT Dipak Misra, J.Leave granted in all the special leave petitions.2. The controversy involved in these appeals, preferred by special leave, being similar, they were heard together and are dispose...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.830 OF2014(Arising out of SLP (Crl.) No.9752 of 2010) M/s. Indus Airways Pvt. Ltd. & Ors. Appellants Versus M/s. Magnum Aviation Pvt. Ltd. & Anr. Respondents JUDGMENT R.M. LODHA, J.Leave granted.2. The only question that arises for consideration in this appeal by special leave is, whether the post-dated cheques issued by the appellants (hereinafter referred to as purchasers) as an advance payment in respect of purchase orders could be considered in discharge of legally enforceable debt or other liability, and, if so, whether the dishonour of such cheques amounts to an offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, the N.I. Act). The Delhi High Court in the impugned order has held that to be so.3. The brief facts are these: On 19.02.2007 and 26.02.2007, the purchasers placed two purchase orders for supply of certain aircraft parts with respondent No.1, M/s...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.831 OF2014(Arising out of Special Leave Petition (Crl.) No.8914 OF2013 GOPAKUMAR B. NAIR ... APPELLANT (S) VERSUS C.B.I. & ANR. ... RESPONDENT (S) JUDGMENT RANJAN GOGOI, J.1. Leave granted.2. The appellant is the second accused (hereinafter referred to as A- 2) in CC No.48 of 2011 (RC27A)/2004) in the Court of the Special Judge (SPE/CBI), Thiruvananthapuram. He is aggrieved by the refusal dated 25.06.2013 of the High Court of Kerala to quash the aforesaid criminal proceeding lodged by the respondent-Central Bureau of Investigation (hereinafter for short CBI).3. The allegations made against the accused-appellant in the FIR dated 30.11.2004 are to the effect that the accused-appellant alongwith one T.K. Rajeev Kumar (A-1), Branch Manager, Indian Overseas Bank, Killippalam Branch, Trivandrum and C. Sivaramakrishna Pillai (A-3) (since deceased) had entered into a criminal conspiracy to obtain un...
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