Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2592 of 2015 [Arising out of SLP(C)No.33569 of 2014]. GOVT.OF NCT OF DELHI AND ORS .. APPELLANT VERSUS JAGJIT SINGH AND ORS .. RESPONDENTS W I T H CIVIL APPEAL No.2586 of 2015 [Arising out of SLP(C) No.2125 of 2015]. W I T H CIVIL APPEAL No.2587 of 2015 [Arising out of SLP(C) No.2122 of 2015]. W I T H CIVIL APPEAL No.2588 of 2015 [Arising out of SLP(C) No.390 of 2015]. GOVT.OF NCT OF DELHI & ORS. ..APPELLANTS VERSUS SUDHAR SAMITI RAJIV NAGAR EXT (REGD.) AND ORS. ..RESPONDENTS WITH CIVIL APPEAL No.2589 of 2015 [Arising out of SLP(C) No.384 of 2015]. WITH CIVIL APPEAL No.2590 of 2015 [Arising out of SLP(C) No.393 of 2015]. WITH CIVIL APPEAL No.2591 of 2015 [Arising out of SLP(C) No.383 of 2015]. WITH CIVIL APPEAL No.2593 of 2015 [Arising out of SLP(C) No.2724 of 2015]. JUDGMENT VIKRAMAJIT SEN, J.1 Any determination under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisitio...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1279-1281 OF2011RAMAKANT MISHRA @ LALU ETC. APPELLANTS VS. STATE OF U.P. RESPONDENT JUDGMENT VIKRAMAJIT SEN, J.1 These Appeals assail the Judgment dated 13.07.2010 of the learned Single Judge, High Court of Judicature at Allahabad, Lucknow, who had affirmed the conviction of the Appellants and the sentencing under Sections 498A and 304B of the IPC pronounced by the VIIIth Additional District & Sessions Judge, Faizabad on 15.4.1999. The essay, therefore, is to reverse the concurrent findings and sentence of the Courts below. 2 The endeavour of the learned counsel for the Appellants is almost entirely predicated on an exculpatory Dying Declaration allegedly made by the deceased, who was the wife of the 1st Appellant and the sister-in-law of the 2nd Appellant and the 3rd Appellant. The deceased Vijay Lakshmi was married to the 1st Appellant, Ramakant Mishra, in 1989 and from that wedlock a son nam...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2538-40 OF2015(Arising out of SLP (Civil) Nos. 2487-2489 of 2015) Mohd. Akbar ...Appellant Versus Ashok Sahu & Ors. ...Respondents JUDGMENT Chelameswar, J.1. Leave granted.2. The General Election to Chhattisgarh Legislative Assembly took place in 2013. The appellant herein is one of the contesting candidates for 72- Kawardha Legislative Assembly Constituency.3. Polling took place on 19.11.2013. The result was declared on 8.12.2013. First respondent was declared elected. The appellant secured the second highest number of votes in the said election. On 20.1.2014, the appellant filed Election Petition No.4 of 2014 challenging the election of the first respondent on various grounds including the commission of certain corrupt practices. On 29.1.2014, the High Court issued summons to the respondents.4. It appears that matter was listed on 25.3.2014. It is not very clear from the records whether all th...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2475-2476 OF2015(Arising out of SLP (Civil) Nos.22705-22706 of 2013) M/s. Sherali Khan Mohamed Manekia ...Appellant(s) versus The State of Maharashtra and others ...Respondent(s) JUDGMENT M.Y. Eqbal, J.: Leave granted.2. In the instant appeals by special leave the appellant assailed the order dated 14th January, 2013 passed by the learned Single Judge of the Bombay High Court in Court Receiver's Report No.25 of 2007 and Additional Report No.383 of 2012, whereby the High Court while disposing of the Report of the Court Receiver held that after the disposal of First Appeal No.767 of 1998 and dismissal of the special leave petition, the Receiver deemed to have been discharged.3. It appears that the suit property was declared as evacuee property and the same was purchased by the appellant in an auction sale as far back as on 15.6.1964. In the year 1980, the appellant filed a suit being Civil Suit No.37 ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.393 OF2015(ARISING OUT OF SLP (CRL.) NO.4213 OF2013 STATE OF HIMACHAL PRADESH ...APPELLANT VERSUS RAM PAL ...RESPONDENT JUDGMENT ADARSH KUMAR GOEL, J.1. Leave granted.2. This appeal has been preferred against judgment and order dated 27th February, 2013 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.406 of 2011.3. Only question raised for consideration is whether the sentence imposed in the facts and circumstances is fair and just.4. On 20th August, 2009 at 5.35 P.M. FIR was lodged by PW3Chhering to the effect that he was a mason in the work of construction of road at Gulaba near Manali. At 2.30 P.M., a tanker driven by the respondent accused struck the deceased Sonam a 20 year old girl, which was on account of rash and negligence driving by the respondent. The injured was taken to Mission hospital, Manali where she was declared dead on arrival. After completing the...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4245 OF2012Shyam Lal .....Appellant versus Deepa Dass Chela Ram Chela Garib Dass .....Respondent JUDGMENT M. Y. EQBAL, J.This appeal by special leave is directed against the judgment dated 28.6.2010 of the High Court of Punjab and Haryana whereby the second appeal filed by the appellant-plaintiff was dismissed with costs throughout.2. The litigation between the parties commenced on the filing of the suit by the plaintiff-appellant for permanent injunction against the respondent-defendant claiming to have been in possession of the suit property for 27-28 years as Gair Marusi and alleging that the respondent was threatening to dispossess him. The plaintiff claimed himself to be in possession over the agricultural land measuring 122 kanals 2 marlas situated in village Chhainsa, Tehsil Ballabhgarh, District Faridabad having tube-well, electricity connection and his house in Killa No.26 in which he is alle...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.395 OF2015(Arising out of S.L.P. (Crl.) No.3634 of 2014) Surya Vadanan ...Appellant Versus State of Tamil Nadu & Ors. ...Respondents JUDGMENT Madan B. Lokur, J.1. Leave granted.2. The question before us relates to the refusal by the Madras High Court to issue a writ of habeas corpus for the production of the children of Surya Vadanan and Mayura Vadanan. The appellant sought their production to enable him to take the children with him to the U.K. since they were wards of the court in the U.K. to enable the foreign court to decide the issue of their custody.3. In our opinion, the High Court was in error in declining to issue the writ of habeas corpus. The facts 4. The appellant (hereafter referred to as Surya) and respondent No.3 (hereafter referred to as Mayura) were married in Chennai on 27th January, 2000. While both are of Indian origin, Surya is a resident and citizen of U.K. and at the time ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 8161-8185 OF2011GUJARAT MINERAL DEV.CORPN. Appellant(s) VERSUS RAM SANG BHAILALBHAI & ANR. Respondent(s) WITH CIVIL APPEAL NO(S). 8147-8160 OF2011GUJARAT MINERAL DEV.CORPN. Appellant(s) VERSUS SAROJBEN GORDHANBHAI PATEL & ORS. Respondent(s) ORDER CIVIL APPEAL NO(S). 8161-8185 OF2011Notification under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act') was published in respect of the land at Village Bhuri, taluka Jhagadia for the purpose of a Lignite Project as far back on 10th May, 1988. Declaration under Section 6 of the Act followed on 20th May, 1989. The Special Land Acquisition Officer awarded compensation at the rate of Rs.75/- per Are corresponding to Rs. 0.75 paisa per Sq. Mtr. as per the Awards dated 02.03.1990 and 08.03.1990. Being dissatisfied with the compensation computed by the Special Land Acquisition Officer, the claimants had raised dispute before the Reference Court w...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.2466-2467 OF2015(ARISING OUT OF SLP (CIVIL) NOS.25568-25569 OF2014 UNION OF INDIA & ORS. ...APPELLANTS VERSUS DILEEP KUMAR SINGH ...RESPONDENT JUDGMENT R.F.Nariman, J.1. Leave granted.2. These appeals raise an interesting question as to the interpretation of a proviso contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short the"99. Act").3. The facts giving rise to these appeals are as follows:- On 1st January, 1998, the respondent was enlisted in the CRPF as Assistant Commandant. While on duty, on 19th October, 2001, he sustained grievous injuries in his spinal cord and legs while he was out on a visit checking night guards. Thereafter, he was provided with specialized treatment in various hospitals, but nothing worked and, ultimately, a medical board in its report dated 22nd July, 2004 categorized the respondent ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1848 OF2008DHIRENDRA KUMAR @ DHIROO ...APPELLANT VERSUS STATE OF UTTARAKHAND ...RESPONDENT JUDGMENT ADARSH KUMAR GOEL J.1. This appeal has been preferred against the judgment and order dated 17th November, 2007 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.158 of 2007 upholding the conviction of the appellant under Section 302 of the Indian Penal Code and sentence to undergo life imprisonment.2. Case of the prosecution is that the appellant caused the death of Surat Singh deceased with a stone at 8.30 P.M. on 1st April, 1983 at Village Jantanwala. On 2nd April, 1983 at 9.05 A.M., Mani Ram father of the deceased (who died during pendency of proceedings before the trial Court) lodged FIR to the effect that on 28th March, 1983, the deceased had gone to the house of the accused to celebrate holi. In the night, the accused came to the house of the complainant to assault th...
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