Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.9264 of 2014 (Arising out of Special Leave Petition (C) No.1117 of 2010) City Industrial Development Thr. its Managing Director Appellant (s) Versus Platinum Entertainment and others Respondent(s) WITH Civil Appeal No.9265 of 2014 (Arising out of Special Leave Petition (C) No.1215 of 2010) City Industrial Development Thr. its Managing Director Appellant (s) Versus Platinum Square Trust and Anr. Respondent(s) Civil Appeal No.9266 of 2014 (Arising out of Special Leave Petition (C) No.1290 of 2010) City Industrial Development Thr. its Managing Director Appellant (s) Versus Popcorn Entertainment Corporation and others Respondent(s) JUDGMENT M.Y. EQBAL, J.Leave granted.2. These appeals are directed against the common judgment and final order dated 01.09.2009 passed by the High Court of Judicature at Bombay whereby Division Bench of the High Court has allowed three Writ Petitions being W.P.Nos. 9467, ...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1422 OF2009Prem Kumar Gulati .Appellant Versus State of Haryana and another ..Respondents WITH CRIMINAL APPEAL NOL.1423 OF2009Mahender Singh alias Mahender Gulati Appellant Versus State of Haryana and another ..Respondents JUDGMENT M.Y. EQBAL, J.These appeals are directed against judgment and order dated 06.09.2008 passed by the High Court of Punjab and Haryana in Criminal Appeal No.342-DB of 2006, whereby the High Court dismissed the appeal of the accused persons and upheld the judgment dated 25.04.2006 passed by the Additional Sessions Judge, Bhiwani (Haryana) in Sessions Case No.8 RBT of 18.3.2004, inflicting sentence with rigorous imprisonment for life under Section 302/498-A read with Section 34, Indian Penal Code and imposed fine with default clause.2. The facts leading to the prosecution story are that on 16.1.1995, Rajni-deceased was married with Mahender Singh alias Mahender Gulati and out of this...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.775 of 2007 ANUP LAL YADAV & ANR. APPELLANTS VERSUS STATE OF BIHAR . RESPONDENT WITH CRIMINAL APPEAL No.1163 of 2007 SURANG LAL YADAV APPELLANT VERSUS STATE OF BIHAR . RESPONDENT JUDGMENT N.V. RAMANA, J.These appeals are preferred by the appellants/accused aggrieved by the judgment and order passed by the Division Bench of the High Court of Judicature at Patna in Criminal Appeal No.566 of 1993 whereby the High Court affirmed the conviction and sentence passed by the 8th Additional Sessions Judge, Purnia, Bihar in Sessions Trial No.28 of 1978 under Sections 302/149, 436/149, 380/149, 323/149, 145 and 147 of the Indian Penal Code against them.2. The prosecution case, in short, is that in the early hours of 25th September, 1974 appellant Surang Lal Yadav (Accused No.5), a member of Santhala community, riding on a horse and carrying a sword in his hand entered the village Singhimari leading a ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2079 OF2009Liyakat and Another .Appellants Versus State of Rajasthan .Respondent JUDGMENT M.Y. EQBAL, J.This appeal by special leave is directed against the judgment and order dated 4th February, 2009 passed by the High Court of Rajasthan at Jodhpur in D.B. Criminal Appeal No.304 of 2003 whereby the High Court partly allowed the appeal of the appellants and remanded the matter to the Trial Court for further trial.2. The facts of the case in brief are that on 25.07.1999 at 2.00 P.M., one Mustaq Khan resident of Rajpura submitted a written typed report at Police Station Dudwakhara alleging inter alia that his two daughters Jumila and Bulkesh were married to two brothers Liyakat and Jakir of village Jhariya on 11.6.1993. After marriage, his daughters told that their father- in-law Ajeem Khan and mother-in-law Jannat harassed them for dowry, and therefore, as and when they used to come, the informan...
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REPORTABLE IN THE SUPREME COURT OF CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 1973-1974 OF2008Patel Maheshbhai Ranchodbhai and others .. Appellants Versus State of Gujarat .Respondent JUDGMENT M.Y. EQBAL, J.This is an exceptional case where this Court has taken serious note, the way the Sessions Judge disposed of the Sessions case within a period of nine days, which can be briefly narrated herein-below: |29.12.2004: |Charges were framed and the case was adjourned | | |to 1.1.2005. | |1.1.2005: |Prosecution produced list of 12 witnesses | |7.1.2005: |The prosecution produced 5 witnesses, who were | | |examined, and remaining dropped. On the same | | |day, accused were examined under Section 313, | | |Cr.P.C., arguments heard and judgment was | | |delivered acquitting all the accused. | All accused were acquitted, except the main accused (husband), who was convicted under section 498A, IPC to the period already undergone since he remained in jail for three days. In the appeal a...
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REPORTABLE IN THE SUPREME COURT OF CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 1973-1974 OF2008Patel Maheshbhai Ranchodbhai and others .. Appellants Versus State of Gujarat .Respondent JUDGMENT M.Y. EQBAL, J.This is an exceptional case where this Court has taken serious note, the way the Sessions Judge disposed of the Sessions case within a period of nine days, which can be briefly narrated herein-below: |29.12.2004: |Charges were framed and the case was adjourned | | |to 1.1.2005. | |1.1.2005: |Prosecution produced list of 12 witnesses | |7.1.2005: |The prosecution produced 5 witnesses, who were | | |examined, and remaining dropped. On the same | | |day, accused were examined under Section 313, | | |Cr.P.C., arguments heard and judgment was | | |delivered acquitting all the accused. | All accused were acquitted, except the main accused (husband), who was convicted under section 498A, IPC to the period already undergone since he remained in jail for three days. In the appeal a...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.653 OF2014Rungta Engineering College, Bhilai & Another Petitioners Versus Chhattisgarh Swami Vivekanand Technical University & Another Respondents JUDGMENT CHELAMESWAR, J.1. A Society called GDR Educational Society claims to be running a number of colleges. It is claimed in the writ petition that the first petitioner is one of such colleges and the second petitioner is a Secretary of the said Educational Society.2. The All India Council for Technical Education (hereinafter referred to as AICTE) is a body constituted under Section 3 of the All India Council for Technical Education Act, 1987 (hereinafter referred to as 1987 Act). The AICTE was established for proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and pr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4354 of 2003 The Stock Exchange, Bombay .Appellant Versus V.S. Kandalgaonkar & Ors. ...Respondents JUDGMENT R.F.Nariman, J.1. The present matter arises as the result of a member of a Stock Exchange being declared a defaulter. The Income Tax Department claims that it has priority over all debts owed by the defaulter member, whereas the Stock Exchange, Bombay claims otherwise.2. The facts necessary to appreciate the controversy are as follows: By a notice dated 29th June 1994, the Stock Exchange, Bombay declared Shri Suresh Damji Shah as a defaulter with immediate effect as he had failed to meet his obligations and discharge his liabilities. By a notice dated 5th October 1995 issued under Section 226 (3) of the Income Tax Act, the Income Tax Department wrote to the Stock Exchange and told them that Shri Shahs membership card being liable to be auctioned, the amount realized at such auction should be...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION TRANSFERRED CASE (C) No.150 OF2006Madras Bar Association Petitioner(s) versus Union of India and another Respondents WITH CIVIL APPEAL No.3850 OF2006CIVIL APPEAL No.3862 OF2006CIVIL APPEAL No.3881 OF2006CIVIL APPEAL No.3882 OF2006CIVIL APPEAL No.4051 OF2006CIVIL APPEAL No.4052 OF2006WRIT PETITION (C) NO.621 OF2007TRANSFERRED CASE (C) NO.116 OF2006TRANSFERRED CASE (C) NO.117 OF2006TRANSFERRED CASE (C) NO.118 OF2006WRIT PETITION (C) NO.697 OF2007JUDGMENT Jagdish Singh Khehar, J.The Controversy:1. All the above cases are being disposed of by this common judgment. The issue which arises for consideration before us, in the present bunch of cases, pertains to the constitutional validity of the National Tax Tribunal Act, 2005 (hereinafter referred to as, the NTT Act). Simultaneously, the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976 has been assailed, by asserting, that the same vio...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.653 OF2014Rungta Engineering College, Bhilai & Another Petitioners Versus Chhattisgarh Swami Vivekanand Technical University & Another Respondents JUDGMENT CHELAMESWAR, J.1. A Society called GDR Educational Society claims to be running a number of colleges. It is claimed in the writ petition that the first petitioner is one of such colleges and the second petitioner is a Secretary of the said Educational Society.2. The All India Council for Technical Education (hereinafter referred to as AICTE) is a body constituted under Section 3 of the All India Council for Technical Education Act, 1987 (hereinafter referred to as 1987 Act). The AICTE was established for proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and pr...
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