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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5769-5770 OF2015(Arising Out of SLP (C) Nos.30942-30943 of 2014) RAJENDRA SHANKAR SHUKLA & ORS.ETC. APPELLANTS Vs. STATE OF CHHATTISGARH & ORS.ETC. RESPONDENTS WITH CIVIL APPEAL NOS. 5771-5775 OF2015(Arising Out of SLP (C) Nos.30049-30053 of 2014) JUDGMENT V. GOPALA GOWDA, J.Leave granted. The appellants-land owners have filed the present group of appeals challenging the common impugned judgment and order dated 16.6.2014 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur, in Writ Appeal Nos.379, 380, 381, 382, 389 and 393 of 2013 wherein the High Court upheld the order dated 15.4.2013 passed by the learned single Judge of the High Court of Chhattisgarh, Bilaspur, upholding the validity of the Town Development Scheme, namely, Kamal Vihar Township Development Scheme No.4 (for short the KVTDS). The facts of the case are stated hereunder:- The appellants herein are the landowners of portion...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5902-5909 OF2005|COMMISSIONER OF CENTRAL EXCISE, | | |VAPI |.....APPELLANT(S) | |VERSUS | | |M/S. GLOBAL HEALTH CARE PRODUCTS | | |PARTNERSHIP FIRM & ORS. |.....RESPONDENT(S) | W I T H CIVIL APPEAL No.3569 OF2006JUDGMENT A.K. SIKRI, J.The respondent No.1 (hereinafter referred to as the 'assessee') is engaged in the manufacture of different brands of toothpaste and these are manufactured exclusively for M/s. Hindustan Lever Limited, Mumbai (for short, 'HLL') since 1998. Major brands of HLL manufactured by the assessee are Close-Up Red, Close-Up Blue, Close-Up Green and Pepsodent falling under Chapter 33 of the Excise Tariff. The assessee is registered with the appellant/Revenue and has been paying the excise duty on the aforesaid products under Chapter sub-heading 3306.10 of the tariff. There is no dispute about these products. From July 01, 2001, a new product known as 'Close-Up Whitening' was intro...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.129 OF2015YAKUB ABDUL RAZAK MEMON Petitioner(s) VERSUS STATE OF MAHARASHTRA, THR. THE SECRETARY, HOME DEPARTMENT AND ORS. Respondent(s) JUDGMENT ANIL R. DAVE, J.Heard the learned senior counsel appearing for both the sides at length. It is a fact that the conviction of the petitioner has been confirmed by this Court and the Review Petition as well as the Curative Petition filed by the petitioner have also been dismissed by this Court. Moreover, His Excellency Hon'ble The President of India and His Excellency The Governor of Maharashtra have also rejected applications for pardon made by the petitioner, possibly because of the gravity of the offence committed by the petitioner. It has been submitted by the learned counsel appearing for the petitioner that one more application made to His Excellency The Governor of Maharashtra is still pending. If it is so, it would be open to His Excellenc...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5786 OF2015(Arising out of SLP(C)No.32991 of 2010) INDER CHAND (D) THR. HIS LRS. ... APPELLANT(S) VS. MOTILAL (D) THR. HIS LRS. ... RESPONDENT(S) ORDER ANIL R. DAVE, J.1. Leave granted.2. Heard the learned counsel.3. In our opinion, it was not open to the High Court to modify its order after the said order had been given a seal of approval by this Court.4. In the circumstances, we allow the appeal and modify the impugned order dated 22nd July, 2010 by directing that the following paras of the impugned order shall be deleted : xxx With these observations, this application is, hereby, allowed. Meanwhile the executing court before whom a petition has been filed for executing the decree, is directed not to proceed any further on the execution petition No.13/2010.5. It is also clarified that S.B. Civil Regular First Appeal No.36/1976 has already been disposed of by order dated 12th March, 1987 and ther...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.955 OF2015(@ Special Leave Petition (Crl.) No.2383 of 2015) Gurjant Singh Appellant Versus State of Punjab Respondent JUDGMENT Prafulla C. Pant, J.This appeal is directed against judgment and order dated 24.12.2014, passed by the High Court of Punjab and Haryana in Criminal Appeal No.2065- SB of 2005, whereby the criminal appeal is dismissed, and order dated 5.11.2005, passed by the Sessions Judge, Faridkot, convicting and sentencing the appellant Gurjant Singh under Sections 7/13(2) of the Prevention Act, 1988, is upheld.2. We have heard learned counsel for the parties and perused the papers on record.3. Prosecution story in brief is that complainant Harpal Singh (PW-1) was President of Rice Millers Association, Kotkapura. Appellant Gurjant Singh was posted as Technical Assistant with Food Corporation of India (for short the FCI). On 29.5.2003, complainant, after holding a meeting with other rice miller...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5701 OF2015(Arising out of S.L.P. (C) No.26629/2014) SHRI TALUKDAR SINGH ...Appellant Versus TATA ENGINEERING & LOCOMOTIVE CO. Ltd. ...Respondent JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal arises out of the order passed by the High Court of Bombay in Writ Petition No.3646 of 2001 dated 19.06.2014, in and by which, the High Court enhanced the retrenchment compensation of Rs.6,049/- awarded by the Labour Court to Rs. 1,00,000/- without any interest.3. A charge-sheet dated 07.05.1988 was issued to the appellant for committing the misconduct of slapping his colleague, Mr. Kunjumon who was working with the respondent-company. An enquiry was conducted against the appellant and the services of the appellant were terminated on 07.05.1990. The appellant challenged his termination and a reference was made to the Labour Court, Pune. By the award dated 28.02.2000, Labour Court held that the enquiry aga...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs.458-460 OF2009State of Maharashtra Appellant Versus Shiva @ Shivaji Ramaji Sonawane & Ors. etc. Respondents WITH CRIMINAL APPEAL NOs.461-464 OF2009State of Maharashtra etc. Appellants Versus Mehmood Khan Yakub Khan Pathan etc. etc. Respondents JUDGMENT T.S. THAKUR, J.1. High Court of Bombay has, by a common order dated 18th November, 2008, impugned in these appeals, set aside orders passed by the Special Court under Maharashtra Control of Organised Crime Act, 1999 and acquitted the respondents of the charges framed against them. The High Court has relying upon several earlier pronouncements on the subject, held that mere proof of filing of charge sheets in the past was not enough to hold the persons accused in such charge sheets to be guilty of the offences of committing organised crime punishable under Section 3 of MCOCA for such charge sheets satisfy but one of the requirements under the said...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1951 OF2012Eshwarappa Appellant Versus State of Karnataka Respondent JUDGMENT T.S. THAKUR, J.1. This appeal arises out of a judgment and order dated 10th August, 2011 passed by the High Court of Karnataka at Bangalore, whereby the High Court has dismissed Criminal Appeal No.1676 of 2007 filed by the appellant thereby affirming his conviction for offences punishable under Sections 302, 498A and 201 of the Indian Penal Code, 1860 and the varying sentences of imprisonment and fine awarded to him for the same.2. The deceased-Latha and the appellant herein got married to each other on 20th March, 2003. The prosecution version is that the deceased-Latha and her husband the appellant herein lived happily for a few months after their marriage in March 2003 during which time Latha conceived and gave birth to a female child. The marital relationship, however, soured when the appellant developed illicit re...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CRL.M.P. NO.16086 OF1997IN CRL.M.P. NO.4201 OF1997Dilip K. Basu Petitioner Versus State of West Bengal & Ors. Respondents WITH CRL.M.P. NO.4201 OF1997 4105 OF1999 2600 OF2000 2601 OF2000 480 OF2001 3965, 10385 OF2002 12704 OF2001 19694 OF2010IN CRL.M.P. No.4201 OF1997 CRL.M.P. No.13566 OF2011IN CRL.M.P. No.16086 OF1997IN CRL.M.P. No.4201 OF1997 CRL.M.P. No.15490 OF2014& 15492 OF2014IN WRIT PETITION (CRL.)No.539 OF1986JUDGMENT T.S. THAKUR, J.1. In D.K. Basu etc. v. State of West Bengal etc.[1]. [D.K. Basu (1)]. this Court lamented the growing incidence of torture and deaths in police custody. This Court noted that although violation of one or the other of the human rights has been the subject matter of several Conventions and Declarations and although commitments have been made to eliminate the scourge of custodial torture yet gruesome incidents of such torture continue unabated. The court described custodial tortur...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1867 OF2012Nanjappa Appellant Vs. State of Karnataka Respondent JUDGMENT T.S. THAKUR, J.1. This appeal arises out of a judgment and order dated 9th February, 2012 passed by the High Court of Karnataka at Bangalore whereby the High Court has, while reversing an order of acquittal passed by the Trial Court, convicted the appellant under Sections 7 and 13 read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo imprisonment for a period of six months under Section 7 and a period of one year under Section 13 besides fine and sentence of imprisonment in default of payment of the same. The facts giving rise to the filing of the appeal may be summarised as under:2. The appellant was working as a Bill Collector in Sabbanakruppe Grama Panchayath, in S.R. Patna Taluk of the State of Karnataka. The prosecution case is that the complainant who was examined at the trial ...
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