Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1986 OF2009KHIM SINGH APPELLANT VERSUS STATE OF UTTARAKHAND RESPONDENT JUDGMENT Sudhansu Jyoti Mukhopadhaya, J.This appeal is directed against the judgment dated 24th August, 2005 passed by the High Court of Uttaranchal(now Uttarakhand) at Nainital in Criminal Appeal No.1388 of 2001 (Old No.-Criminal Appeal No.1165 of 1988). By the impugned judgment the High Court upheld the judgment and order of conviction dated 30th March, 1988, passed by the Sessions Judge, Almora in Sessions Trial No.54 of 1987, State vs. Khim Singh, whereby the accused- appellant was convicted for the offence punishable under Section 302 IPC and was sentenced to undergo imprisonment for life.2. Brief facts, giving rise to the present appeal as emerging from the material on record, are that the accused Khim Singh was residing with his wife Himuli Devi in his residential house at village Simgari. He has a son, named Mohan S...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) No.11684 of 2012 STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS RAFIQ MASIH (WHITE WASHER) RESPONDENT(S) WITH SPECIAL LEAVE PETITION No.....CC No.14663 of 2010 SPECIAL LEAVE PETITION (C) No.21554 of 2013 SPECIAL LEAVE PETITION No.....CC No.20144 of 2010 SPECIAL LEAVE PETITION No.....CC No.9303 of 2011 SPECIAL LEAVE PETITION (C) No.30751 of 2012 SPECIAL LEAVE PETITION (C) No.15307 of 2013 SPECIAL LEAVE PETITION No.....CC No.15876 of 2011 SPECIAL LEAVE PETITION No.....CC No.16190 of 2011 SPECIAL LEAVE PETITION No.....CC No.16326 of 2011 SPECIAL LEAVE PETITION No.....CC No.16327 of 2011 SPECIAL LEAVE PETITION No.....CC No.16350 of 2011 SPECIAL LEAVE PETITION No.....CC No.16309 of 2011 SPECIAL LEAVE PETITION No.....CC No.16325 of 2011 SPECIAL LEAVE PETITION No.....CC No.16303 of 2011 SPECIAL LEAVE PETITION No.....CC No.16548 of 2011 SPECIAL LEAVE PETITION No.....CC No.16723 of 2011 SPECIAL LEA...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.719 OF2010STATE OF MAHARASHTRA APPELLANT VERSUS RAJENDRA & ORS. RESPONDENTS With Criminal Appeal No.720 of 2010 (Chandrakanta vs. State of Maharashtra & Ors.) JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J.These appeals are directed against the judgment dated 18th August, 2005 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No.388 of 2005. By the impugned judgment the High Court held that unless the prosecution proves that death was suicidal and that the deceased was treated with cruelty and was harassed by direct evidence, the presumption under Section 113-A does not apply in the case and acquitted all the accused-respondents from the charges under Section 498-A, Section 304-B and Section 306 IPC all read with Section 34 IPC, thereby reversing the finding of the Trial Court.2. Respondents accused No.1, Shivpujan and accused No.3, Malti Devi are husb...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9052 OF2014(arising out of SLP (C) No.21668 of 2012) M/s Shreenath Corp. & Ors. APPELLANT VERSUS Consumer Education & Research Society & ORS. RESPONDENTS WITH Civil Appeal No.9053 /2014 (@ SLP(C) NO.22442 of 2012) Civil Appeal No.9054/2014 (@ SLP(C) No.22452 of 2012) Civil Appeal No.9055/2014 (@ SLP(C) No.22511 of 2012) Civil Appeal No.9056/2014 (@ SLP(C) No.23047 of 2012) Civil Appeal No.9057/2014 (@ SLP(C) No.25741 of 2012) Civil Appeal No.9058/2014 (@ SLP(C) No.26119 of 2012) Civil Appeal No.9059/2014 (@ SLP(C) No.26683 of 2012) Civil Appeal No.9060/2014 (@ SLP(C) No.26687 of 2012) Civil Appeal No.9061/2014 (@ SLP(C) No.26699 of 2012) Civil Appeal No.9062/2014 (@ SLP(C) No.27433 of 2012) Civil Appeal No.9064/2014 (@ SLP(C) No.27434 of 2012) Civil Appeal No.9065/2014 (@ SLP(C) No.27435 of 2012) Civil Appeal No.9066/2014 (@ SLP(C) No.27436 of 2012) JUDGMENT Sudhansu Jyoti Mukhopadhaya, ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.386 OF2005VISHWA LOCHAN MADAN ..... PETITIONER VERSUS UNION OF INDIA & ORS. .... RESPONDENTS JUDGMENT Chandramauli Kr. Prasad All India Muslim Personal Law Board comprises of Ulemas. Ulema is a body of Muslim scholars recognised as expert in Islamic sacred law and theology. It is the assertion of the petitioner that All India Muslim Personal Law Board (hereinafter referred to as the Board) strives for the establishment of parallel judicial system in India as in its opinion it is extremely difficult for Muslim women to get justice in the prevalent judicial system. Further, under the pressure of expensive and protracted litigation it has become very difficult for the downtrodden and weaker section of the society to get justice. Therefore, to avail the laws of Shariat, according to the Board, establishment of Islamic judicial system has become necessary. According to the petitioner, the Board...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6018 OF2014(arising out of SLP (C) No.29807 of 2012) CHHEL SINGH APPELLANT VERSUS M.G.B. GRAMIN BANK PALI & ORS. RESPONDENTS JUDGMENT Sudhansu Jyoti Mukhopadhaya, J.Leave granted.2. This appeal is directed against the judgment and order dated 10th May, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur whereby the Division Bench allowed the appeal preferred by the respondent-M.G.B. Gramin Bank, Pali (hereinafter referred to as the Bank) and set aside the order passed by the learned Single Judge.3. The factual matrix of the case is as follows: The appellant was working with the respondent-Bank since 17th February, 1984 as Clerk-cum-Cashier. While in service he remained absent from duty from 11th December, 1989 to 24th October, 1990 (approximately 10 and 1/2 months) without obtaining prior permission of the competent authority. For the said reason he was ser...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.172 OF2010STATE OF BANK OF PATIALA APPELLANT VERSUS PRITAM SINGH BEDI & ORS. RESPONDENTS WITH CIVIL APPEAL NO.173 OF2010 CIVIL APPEAL NO.177 OF2010CIVIL APPEAL NO.178 OF2010CIVIL APPEAL NO.179 OF2010CIVIL APPEAL NO.180 OF2010CIVIL APPEAL NO.186 OF2010CIVIL APPEAL NO.187 OF2010CIVIL APPEAL NO.1916 OF2011JUDGMENT Sudhansu Jyoti Mukhopadhaya, J.All these appeals have been preferred by the State Bank of Patiala (hereinafter referred to as Bank)against different judgments and orders passed by Punjab and Haryana High Court at Chandigarh but since common issues were involved they were heard together and disposed of by the impugned common judgment.2. A number of employees who were allowed to retire from the Bank pursuant to scheme called State Bank of Patiala Voluntary Retirement Scheme, 2000(herein after referred to as the Scheme) introduced by Circular dated 20th January, 2001, and had completed more ...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1359 OF2014(Arising out of Special Leave Petition (Crl) No.3020 OF2013 CHANDAN KUMAR BASU ... APPELLANT (S) VERSUS STATE OF BIHAR ... RESPONDENT (S) WITH CRIMINAL APPEAL No.1362 OF2014(Arising out of Special Leave Petition (Crl) No.3022 OF2013 CRIMINAL APPEAL No.1361 OF2014(Arising out of Special Leave Petition (Crl) No.3016 OF2013 CRIMINAL APPEAL No.1360 OF2014(Arising out of Special Leave Petition (Crl) No.3014 OF2013 CRIMINAL APPEAL No.1363 OF2014(Arising out of Special Leave Petition (Crl) No.3074 OF2013 JUDGMENT RANJAN GOGOI, J.1. Leave granted.2. The appellant, at the relevant point of time, was a member of the Indian Administrative Service and serving on deputation as the Administrator-cum-Managing Director of the Bihar State Housing Cooperative Federation Ltd. The aforesaid Federation is a society registered under the Bihar Cooperative Societies Act, 1935. On the basis of the various...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1364 OF2014(arising out of SLP(Crl.) No.7039 of 2007) Anil Gupta APPELLANT VERSUS Star India Pvt. Ltd. & Anr. RESPONDENTS JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA,J.Leave granted.2. This appeal is directed against the judgment dated 13th August, 2007 passed by the High Court of Delhi at New Delhi in Criminal Miscellaneous Case No.2380 of 2004. By the impugned judgment, the High Court held that the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the, Act) was barred by limitation and quashed the summon order against respondent no.2-Visionaries Media Network (hereinafter referred to as the, Company). It further held that the dispute qua the appellant (petitioner no.2 before High Court) is within limitation and affirmed the summon order against the appellant.3. The factual matrix of the case is as follows: A subscription agreem...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1365 OF2014(Arising out of SLP (CRL.) No.3051/2008) DINESH TIWARI APPELLANT Versus STATE OF UTTAR PRADESH & ANR. RESPONDENTS JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J.Leave granted.2. This appeal is directed against the judgment and order dated 11th December, 2007 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No.26878 of 2007. By the impugned judgment, the High Court dismissed the application filed by the appellant- accused u/s 482 Cr.P.C for quashing the order dated 1st September, 2007 passed by the Additional Sessions Judge/F.T.C No.3, Basti in Sessions Trial No.207/07 in State v. Ram Vijay Yadav etc. By the said order, the Additional Sessions Judge framed the charge against the appellant-accused for the offence u/s 302, 323, 504 and 506 IPC.3. The factual matrix of the case is as under: One Mahender Prasad Tiwari complainant lodged an FIR agains...
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