Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 69-70 OF2012Ashraf Kokkur Appellant (s) Versus K.V. Abdul Khader Etc. Respondent (s) JUDGMENT KURIAN, J.: The simple question arising for consideration in this case is whether the averments in the election petition disclose a cause of action as required under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC). Incidentally, it may be noted that the election petition has been dismissed by the impugned judgment dated 16.11.2011, which reads as follows:JUDGMENT I.A. 4/11 is allowed. Election petition is dismissed in limine as it does not disclose a complete cause of action or a triable issue. Of course, detailed reasons are given in the order dated 16.11.2011 in I.A. 4/2011, which is also under challenge in one of the appeals. The sole ground in the election petition is that the respondent is disqualified under Article 191(1)(a) of the Constitution of India, since he was ...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9130 OF2014(Arising out of SLP(C) No.342 of 2011) Ram Bahadur Pandey & Anr. ... Appellants. Versus The State of Uttrakhand & Ors. ... Respondents JUDGMENT ANIL R. DAVE, J1 Leave granted.2. Looking at the facts of the case and in view of the fact that pleadings are complete, the learned counsel appearing for the parties have desired that the appeal be finally heard today. In the circumstances, the appeal is finally heard.3. Being aggrieved by the Judgment delivered by the High Court of Uttrakhand at Nainital dated 29th July, 2009 in Special Appeal No.130 of 2009, the appellants have approached this Court.4. The facts, which are not in dispute, are that the appellants were working as Assistant Teachers in Tribal Primary Schools, managed by Bhotia Tribal Service Society, which are recognized schools by the State of Uttrakhand. Certain complaints had been received against them with regard to t...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8366 OF2014[Arising out of S.L.P. (Civil) No.1638 of 2014]. Punjab State Electricity Board Now Punjab State Power Corporation Ltd. ... Appellant Versus Raj Kumar Goel ... Respondent JUDGMENT Dipak Misra, J.Leave granted. In this appeal, by special leave, the assail is to the judgment and decree dated 25.07.2013 passed by the learned Single Judge of High Court of Punjab and Haryana at Chandigarh in R.S.A. No.796 of 2012 whereby the High Court has affirmed the judgment and decree passed by the Courts below. The broad essential facts which are to be stated for adjudication of this appeal are that the respondent-plaintiff joined the services of the appellant Punjab State Electricity Board (for short the Board) on 17.12.1984 as Lower Division Clerk. As the respondent-plaintiff remained absent from duty without sanctioned leave from 9.7.1987 for a considerable time, a disciplinary proceeding was initiated against him...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7705 OF2014(Arising out of SLP(C) No.4895 OF2014 YERRAMMA & ORS. APPELLANTS Vs. G. KRISHNAMURTHY & ANR. .RESPONDENTS JUDGMENT V. GOPALA GOWDA, J.This appeal has been filed by the appellants against the impugned judgment and order dated 05.06.2013 passed in M.F.A. No.21576 of 2012 by the High Court of Karnataka, Circuit Bench at Dharwad, wherein the High Court has partly allowed the appeal filed by the appellants. The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for relief as prayed in this appeal. On 20.5.2011, the deceased Gavisiddappa was proceeding on a motor cycle bearing registration No.KA034/K-3530 towards S.P. Circle, when the State Road Transport Corporation bus which was going ahead of him took a right turn to enter the bus depot without giving the right turn indication. The motor cycle of Gavisid...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.352 OF2009PANGU ALIAS APPUTTY (DEAD) THROUGH L.Rs.& ORS. APPELLANTS Versus NARAYANI & ORS. RESPONDENTS JUDGMENT V. GOPALA GOWDA, J.This appeal is filed by the appellants against the final judgment and order dated 02.02.2005 passed in A.S. No.678 of 1993(C) by the High Court of Kerala at Ernakulam, whereby the High Court has set aside the judgment and decree passed in the Original Suit No.123 of 1990 on 26.11.1992 by the Subordinate Court Judge, Tirur, holding that the judgment and decree under the appeal cannot be sustained and passed a preliminary decree directing the division of the suit schedule properties.2. The relevant facts, in brief, are stated hereunder. For the sake of brevity and convenience the parties are referred to as per the rank assigned to them in the original suit proceedings.3. The defendant Nos. 1 to 9 in the Court of the Subordinate Judge are the appellants herein a...
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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.289 OF2005Manoj Narula ... Petitioner Versus Union of India ...Respondent JUDGMENT Dipak Misra, J.[for himself, R.M. Lodha, C.J., and S.A. Bobde, J.]. A democratic polity, as understood in its quintessential purity, is conceptually abhorrent to corruption and, especially corruption at high places, and repulsive to the idea of criminalization of politics as it corrodes the legitimacy of the collective ethos, frustrates the hopes and aspirations of the citizens and has the potentiality to obstruct, if not derail, the rule of law. Democracy, which has been best defined as the Government of the People, by the People and for the People, expects prevalence of genuine orderliness, positive propriety, dedicated discipline and sanguine sanctity by constant affirmance of constitutional morality which is the pillar stone of good governance. While dealing with the concept of democracy, the majority in Indira Nehru G...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.679 OF2013Deny Bora ..Appellant VERSUS State of Assam ..Respondent JUDGMENT Dipak Misra, J.The present appeal is preferred under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA for short) assailing the judgment passed by the Designated Court, Guwahati in TADA Sessions Case No.47 of 2001, whereby the Designated Court has acquitted the Appellant under TADA on the foundation that there is no material to implicate him under the provisions of TADA and found that there is adequate material to convict him under Section 302 of the Indian Penal Code, 1860 (IPC for short) and accordingly recorded the conviction and sentenced him to undergo rigorous imprisonment for life with fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for five years. The prosecution case, as unfolded, is that on 2.3.1991 about 6.30 p.m., the deceased, Dr. Swapan Sathi Barman, a medical ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6177 OF2004Hindustan Petroleum Corporation Ltd. Appellant Versus Dilbahar Singh Respondent WITH CIVIL APPEAL NO.2162 OF2004CIVIL APPEAL NO.2901 OF2006CIVIL APPEAL NO.6954 OF2005CIVIL APPEAL NO.7520 OF2005CIVIL APPEAL NO.5212 OF2006CIVIL APPEAL NO.2859 OF2006CIVIL APPEAL NO.3313 OF2007CIVIL APPEAL NO.1224 OF2006SLP (C) NO.34303 of 2009 CIVIL APPEAL NO.7491 OF2004SLP (C) No.11931 of 2011 SLP (C) No.22248 OF2007CIVIL APPEAL NO.7066 OF2005JUDGMENT R.M. LODHA, CJI. This group of eleven appeals and three special leave petitions has been referred to the 5-Judge Bench to resolve the conflict into the two 3-Judge Bench decisions one, Rukmini [1]. and the other, Ram Dass[2].. Ram Dass2 has followed Moti Ram[3].. At the time of hearing of Civil Appeal No.6177 of 2004, Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh, the 2-Judge Bench, while dealing with the meaning, ambit and scope of the words legality...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8283 OF2014(Arising out of S.L.P. (C) No.18676 of 2012) Surjit Singh & Ors. ... Appellants Versus Gurwant Kaur & Ors. ...Respondents JUDGMENT Dipak Misra, J.Leave granted. The respondent No.1 instituted Civil Suit No.78 of 2003 in the Court of the learned Additional Civil Judge (Senior Division), Patti, district Taran Taran, for specific performance of contract entered into between him and the appellant No.1, the predecessor-in-interest of appellants Nos. 2 to 4 and the respondent No.2 for sale of land admeasuring 28 K12M bearing khata Khatoni 330/1254, 1256, 331/1261 and Killa Nos. 34/25 (712), 40/1/1 (4-15), 10/2 min (0-8), 41/5 min (2-8) 6/1 (7-5) 15/1 (2-16), 34/162 (3-8), situated in village Talwandi Sobha Singh Tehsil Patti District Amritsar as per Jamabandi for the year 1997-98 at the rate of Rs.3,22,500/- per Killa which included all rights attached to the land. It was averred in the plaint that ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1842 OF2014[Arising out of Special Leave Petition (Crl.) No.6673 of 2012]. Balwan & Ors. Appellant(s) versus State of Haryana Respondent(s) With CRIMINAL APPEAL No.1844 OF2014(Arising out of Special Leave Petition (Crl.) No.6384 of 2012) And CRIMINAL APPEAL No.1843 OF2014(Arising out of Special Leave Petition (Crl.) No.6674 of 2012) JUDGMENT C. NAGAPPAN, J.1. Leave granted.2. These three appeals are preferred against the common judgment dated 27.01.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal no.486-DB of 2004 and Criminal Appeal no.547-DB of 2004.3. The appellants herein are six in numbers and were tried along with others for the charges under Sections 148, 149, 302, 307, 449, 323 and 216 of Indian Penal Code and in addition under Section 25 of the Arms Act, 1959 against appellant Naresh and the Trial Court found them guilty of the offence under Sec...
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