Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.456 OF2015(ARISING OUT OF SLP (CRL.) NO.6437 OF2013TARAMANI PARAKH ...APPELLANT VERSUS STATE OF M.P. & ORS. ...RESPONDENTS JUDGMENT ADARSH KUMAR GOEL, J.1. Leave granted.2. This appeal has been preferred against judgment and order dated 20th February, 2013 passed by the High Court of Judicature of Madhya Pradesh at Gwalior in Misc. Criminal Case No.9759 of 2012.3. The appellant was married to Respondent No.2 on 18th November, 2009. She lodged complaint dated 19th May, 2011 alleging that Respondent No.2 and his parents harassed her with demand of dowry amounting to cruelty. This led to registration of FIR being Crime No.15811 under Sections 498-A/34 of IPC at Police Station Hujrat Kotwali, Gwalior. After investigation, charge sheet was filed against Respondent No.2 and his parents which has been registered as Criminal Case No.163/12 before the Judicial Magistrate First Class, Gwalior.4. The respo...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISC. PETITION NO.17870 OF2014IN SPECIAL LEAVE PETITION (CRL.) NO.2838 OF2000ABDUL RAZZAQ ...APPELLANT VERSUS STATE OF U.P. ...RESPONDENT JUDGMENT ADARSH KUMAR GOEL, J.1. This application has been filed under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act") seeking release of the petitioner who has been found to be juvenile. Since special leave petition and review petition have been dismissed and we are inclined to allow the application, orders dismissing the special leave petition and review petition will stand recalled.2. The petitioner was tried for the offence under Section 302 of the Indian Penal Code ('IPC') for causing the death of Amir Ullah on 18th February, 1979 at Firozabad, Uttar Pradesh. He was convicted under Section 302 and sentenced to undergo life imprisonment by the Court of Sessions Judge, Agra in Sessions Trial No.325 of 1979 vide ju...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2854 OF2015[@ SPECIAL LEAVE PETITION (C) NO.35672 OF2014 S. SRIDHAR AND ORS. Appellant(s) VERSUS STATE OF TAMIL NADU AND ORS. Respondent(s) JUDGMENT ANIL R. DAVE, J.Leave granted. Heard the learned counsel for the parties. It has been submitted by the learned counsel appearing for the appellants that the appellants are occupiers of 9 shops which have been constructed on the ground floor, though according to the sanctioned plan, only 5 shops could have been constructed on the ground floor on the land in question. It has been submitted by the learned counsel for the respondents that instead of 5 shops, in all 19 shops have been constructed on the ground floor and therefore, the construction is not according to the sanctioned plan. It has also been fairly submitted by the learned counsel for the respondent-Corporation that the total construction on the ground floor is lesser than what had been sancti...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7535 OF2011Sujitendra Nath Singh Roy .....Appellant Versus State of West Bengal & Ors. .....Respondents JUDGMENT SHIVA KIRTI SINGH, J.Heard learned counsel for both the parties. This appeal has been preferred to assail an order dated 20th March 2009 by the High Court at Calcutta in W.P.L.R.T. No.54 of 2009. The High Court placed reliance upon a Division Bench judgment of that very Court in the case of Manju Banerjee v. Debabrata Pal reported in (2006) 1 WBLR (Cal) 147 and held the writ petition preferred by the appellant to be not maintainable. The issue raised in this appeal is whether a writ application is maintainable against an order of West Bengal Land Reforms and Tenancy Tribunal ('the Tribunal'), refusing to initiate contempt proceedings against an authority arrayed as respondent no.5 before the Tribunal. Such pristine question of law does not require any reference to the facts which led the ap...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2835 OF2015(Arising out of SLP (Civil) No.20169/2013) AMARKANT RAI ... APPELLANT (S) VERSUS STATE OF BIHAR & ORS. ....RESPONDENT (S) JUDGMENT R. BANUMATHI,J.Leave granted.2. This appeal by special leave arises out of the order dated 20.02.2013 passed by the High Court of Judicature at Patna in LPA No.1312 of 2012 which was dismissed in limine by the High Court, whereby the order of the learned Single Judge was confirmed observing that the appointment of the appellant as daily wages was not by the competent authority and that he is not entitled for regularization.3. Brief facts which led to the filing of this appeal are as follows:- The appellant was appointed temporarily in Class IV post of Night Guard, on daily wages vide Office Order dated 04.06.1983 issued by Principal, Ramashray Baleshwar College (for short "College"), Dalsang Sarai, affiliated to Lalit Narayan Mithila University(for short "Univer...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8359 OF2003Commnr. Of Central Excise, Chennai-III Appellant(s) VERSUS Grasim Industries Respondent(s) JUDGMENT A.K. SIKRI, J.The issue involved in the present case pertains to the applicability of the doctrine of unjust enrichment in the case of refund of duty paid on 'capital goods' used captively. The factual matrix under which the aforesaid issue arises for consideration is taken note of, in short, hereinbelow: The respondent herein purchased Electro Static Precipitators (ESPs for short) from M/s. BHEL, Ranipet. In terms of Notification No.78/1990-CE dated 20.3.1990, the respondent was entitled to buy the said ESPs at concessional rate of duty which was 5% ad valorem in contra distinction to the normal rate of 15% ad valorem duty. This concession rate becomes payable on the condition that an officer not below the rank of Deputy Secretary in the Ministry of Environment and Forests (MoEF) certifies t...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2836 OF2015(Arising out of S.L.P. (Civil) No.6016/2014) SHASHIKALA & ORS. ... Appellants Versus GANGALAKSHMAMMA & ANR. ..Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal arises out of judgment in M.F.A. No.136/2009 (MV) dated 15.7.2013 passed by the High Court of Karnataka, in and by which, the High Court modified the award passed by the Motor Accident Claims Tribunal, Bangalore (for short 'the tribunal') by enhancing the compensation to Rs.14,69,372/- from Rs.7,85,000/- awarded by the tribunal.3. Appellant No.1 is the wife, appellants No.2 to 4 are children and appellants No.5 to 6 are the parents of the deceased Late Shri H.S. Ravi. The appellants have filed a claim petition under the Motor Vehicles Act on account of death of deceased Sri H.S. Ravi who had met with an accident on 14.12.2006. On the fateful day, the deceased Ravi was proceeding in a motor cycle as a pillion rider. Th...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.442 of 2015 (@ SLP(Crl.) No.1506 of 2012) Tukaram Dnyaneshwar Patil .. Appellant(s) versus State of Maharashtra & Ors. .. Respondent(s) With CRIMINAL APPEAL No.443 of 2015 (@ SLP(Crl.) No.1505 of 2012) JUDGMENT C. NAGAPPAN, J.Leave granted in both the appeals. Both the appeals are preferred against the judgment dated 14.7.2011 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Criminal Appeal No.284 of 1998, whereby the High Court partly allowed the said Criminal Appeal filed by respondents 2 to 4 herein/accused 1 to 3 and thereby set aside their conviction and sentence under Section 302 read with Section 34 IPC and instead convicted them for offence under Section 304 Part-II read with Section 34 IPC and sentenced them to imprisonment for period already undergone and directed them to pay jointly and severally a sum of Rs.1,05,000/- to PW1 Narayan Patil and family members...
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'REPORTABLE' IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8190 OF2003M/S. MARUTI SUZUKI INDIA LTD. ...Appellant VERSUS COMMNR. OF CENTRAL EXCISE, NEW DELHI ...Respondent JUDGMENT R. F. NARIMAN, J.Vide a show cause notice dated 30.08.2001 that was served upon the appellant M/s. Maruti Suzuki India Limited (then known as M/s Maruti Udyog Limited), the Department gathered, by way of intelligence, that the appellant had cleared inputs/ spares after processing, but duty was only paid equivalent to the MODVAT credit taken on these inputs before processing, and hence a substantial increase in the value of these inputs has escaped payment of duty on account of value addition in such inputs after processing. More specifically, what was alleged was that various spare parts relatable to motor vehicles that were manufactured by the appellant and were procured by it in the form of bumpers, grills, etc., on which the process of Electro Deposition Coating, namely, EDC to...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 2818 OF2015(@ SLP (C) NO(S).32226 OF2009 M/s. Muneer Enterprises ....Appellant VERSUS M/s Ramgad Minerals and Mining Ltd. & Ors. ....Respondents JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.Leave granted. This appeal is directed against the common judgment dated 26.08.2009, passed in W.A.No.5377 of 2004 and W.P.No.23782 of 2005. The writ appeal was preferred by the first respondent herein against the judgment in W.P.No.31690 of 2003 of the learned Single Judge dated 10.11.2004 in and by which the order of transfer of mining lease from the original licencee M/s. Dalmia Cements (Bharat) Limited (hereinafter called "M/s. Dalmia") to and in favour of the first respondent herein was set aside. Writ petition in W.P.No.23782 of 2005 was filed by one Dinesh Kumar Singhi, a mine operator praying for a direction to the State of Karnataka and Director of Mines and Geology to dispose of his application dated ...
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