Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NOS.21-22 OF2011STATE OF MADHYA PRADESH Appellant VERSUS CHHAAKKI LAL AND ANOTHER Respondents WITH CRIMINAL APPEAL NOS.23-24 OF2011RAMVEER Appellant VERSUS CHHAAKKI LAL AND ANOTHER Respondents JUDGMENT R. BANUMATHI, J.These appeals arise out of the judgment of the High court of Madhya Pradesh in Criminal Death Reference No.2 of 2008 in and by which the High Court has allowed the appeal filed by the respondents-accused thereby acquitting the respondents-accused under Section 302 IPC and setting aside the death penalty awarded to the respondents/accused and his son accused Akhilesh by the trial court. 1 2. During the pendency of these appeals, respondent No.2- Akhilesh had died and by the order dated 28.02.2017, the appeal against respondent No.2 was dismissed as abated.3. Briefly stated case of the prosecution is that on 20.02.2006 at about 12.00-12.30 p.m., Kesar Bai (PW-1), her daughter-in-law dec...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 99969997 OF2018[Arising out of SLP (C) Nos.2326023261 of 2017]. Hiya Associates & Ors. .. Appellant(s) Versus Nakshatra Properties Pvt. Ltd. .. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. These appeals arise from the final judgment and order dated 21.07.2017 & 26.07.2017 passed by the High Court of Judicature at Bombay in Writ Petition 1 No.6733 of 2017 whereby the High Court allowed the writ petition filed by the respondent herein, set aside the order dated 26.09.2016 passed by the Small Causes Court, Appellate Bench, Mumbai in R.A. No.333/2015 and restored the order dated 28.10.2015 of the Executing Court in Execution Application No.31/2013 in R.A.E. Suit No.872/2007.3) The issue involved in these appeals is short. Few facts, however, need mention to appreciate the issue, which is the subject matter of these appeals.4) The appellants are the defendants and the respondent is t...
Tag this Judgment!Court : Supreme Court of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5877-5878 OF2016C. KANNAN & ORS. Appellant(s) VERSUS M. JAYAKUMARI & ANR. Respondent(s) JUDGMENT KURIAN, J.1. It is reported that the parties have settled their disputes between them amicably. They have also filed a joint memo of compromise. The memo dated 20.07.2018, duly signed by the parties and their respective counsel, is already on record. The same shall form part of this Judgment.2. The appeals are disposed of in terms of the joint memo of compromise, which shall form part of the decree. New Delhi; September 25, 2018. .......................J.[ KURIAN JOSEPH ]. .......................J.[ SANJAY KISHAN KAUL ]....
Tag this Judgment!Court : Supreme Court of India
1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 9954-9955 OF2018[@ SPECIAL LEAVE PETITION (C) No.7378-7379 OF2017 ANIL KUMAR P.P. Appellant(s) VERSUS THE STATE OF KERALA AND ORS. Respondent(s) JUDGMENT KURIAN, J.1. Leave granted.2. Heard Dr. Gopakumaran Nair, learned senior counsel appearing for the appellant, and Mr. Jaideep Gupta, learned senior counsel appearing for the State and Mr. Vipin Nair and Mr.P.B.Suresh, learned counsel appearing for the Public Service Commission.3. The appellant is aggrieved since the High Court has virtually set aside the orders passed by the Government in exercise of their powers under Rule 39 of the Kerala State and Subordinate Services Rules, which relaxed the rigour of the General Rules and Special Rules for the purpose of promotion of the appellant from the post of Deputy Range Officer to 2 the post of Range Forest Officer, previously known as Range Officer.4. We see from the records that the Government...
Tag this Judgment!Court : Supreme Court of India
NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.5112/2017 PUNJAB NATIONAL BANK Appellant(s) VERSUS PNB CANTEEN WORKERS UNION (CALCUTTA)&ORS Respondent(s) KURIAN J.JUDGMENT1 In this hotly contested appeal, the surviving issue is solely with regard to the claims made by the 29 canteen workers whether they are represented through the union or otherwise, for absorption.2. Having heard the learned counsel appearing for the Bank and having heard the learned Senior counsel appearing for the workmen and having regard the various orders passed by this Court, we are of the considered view that this is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and give a quietus to the dispute.3. In the peculiar facts and circumstances of this case, we direct the appellant Punjab National Bank to appoint 29 canteen workers forthwith on the following conditions: (i) They shall be paid half wages of the ClassIV employees or prevail...
Tag this Judgment!Court : Supreme Court of India
NonReportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4639 OF2010Punjab Urban Planning & Development Authority & Anr. .Appellant(s) VERSUS Kanwaljit Singh Ahluwalia & Anr. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 05.01.2009 passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.3268 of 2008 whereby the National Consumer Commission dismissed the Revision Petition. 1 2. Facts of the case and the issue involved in the appeal lie in a narrow compass as would be clear from the narration of the facts stated infra.3. The Punjab Urban Planning and Development Authority (for short called Authority)appellant No.1 is the statutory authority created under the Act for the State of Punjab.4. The respondents purchased one plot on 12.08.1998 bearing No.795 Phase I Urban Estate Patiala from the appellantAuthority pursuant to one scheme for the construct...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.406 OF2013RE- INHUMAN CONDITIONS IN1382PRISONS ORDER Madan B. Lokur, J.1. Over the years, public interest litigation has brought immense social change through interventions made and directions issued by this Court. Public interest litigation has been initiated, very rarely, by suo motu1 exercise of jurisdiction by this Court. On most occasions, it has been initiated through a writ petition filed by activist individuals or organisations2. Again, quite infrequently, it has been initiated on the basis of a communication received by this Court3. 1 Suo Motu Writ Petitions: In Re: Outrage As Parents End Life After Childs Dengue Death, (2016) 10 SCC709 In Re: Death of 25 Chained Inmates in Asylum Fire in Tamil Nadu v. Union of India, (2002) 3 SCC31 In Re: Indian Woman says gang-raped on orders of Village Court published in Business and Financial News, (2014) 2 SCC7862 Writ Petitions filed: MC Mehta v...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.6491-6492 OF2014Coal India Ltd. & Anr. ..Appellant(s) :Versus: Navin Kumar Singh ....Respondent(s) JUDGMENT A.M. Khanwilkar, J.1. These appeals emanate from the judgment and order dated 20th May, 2010 passed by the Division Bench of the High Court of Jharkhand at Ranchi in L.P.A. No.546 of 2003 and order dated 11th December, 2013 passed in Civil Review No.68 of 2011, whereby the High Court upheld the decision of the Single Judge, with minor modifications and declared that the past service of the respondent in the previous company of the appellant could not be forfeited for all purposes in the 2 event of an inter-company transfer on personal grounds at his request and dismissed the review petition against the said judgment on the ground of unexplained delay.2. The respondent, a graduate in Chemical Engineering, was appointed on 27th June, 1990 in E-2 Grade and joined the same on 4th August, 1990 in ...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7694 OF2009The State of Kerala & Anr. .Appellant(s) VERSUS Gouri & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1) This appeal is filed by the State against the final judgment and order dated 10.08.2007 passed by the Division Bench of the High Court of Kerala at Ernakulam in M.F.A. No.297 of 2001 whereby the High Court allowed the MFA filed by the respondents 1 herein (land owners) and set aside the order of the Forest Tribunal.2) Few facts for the disposal of this appeal need mention hereinbelow.3) At the outset, we consider it apposite to mention that this appeal was heard analogously with the Civil Appeal No.9912/2010 because the controversy involved in this appeal and in Civil Appeal No.9912/2010 was identical in nature. This Court by detailed order passed today has dismissed Civil Appeal No.9912/2010.4) Having heard the learned counsel for the appellant (State) and on perusal of the record ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.536 OF2011Public Interest Foundation & Ors. Petitioner(s) Union of India & Anr. Versus WITH Respondent(s) CRIMINAL APPEAL NOS. 1714-1715 OF2007WRIT PETITION (CRIMINAL) No.208 OF2011AND WRIT PETITION (CIVIL) No.800 OF2015JUDGMENT Dipak Misra, CJI In Yogendra Kumar Jaiswal and others v. State of Bihar and others1, the Court opined:- 1 (2016) 3 SCC1832 2. 'noun' when assumes all "Corruption, a the characteristics of a Verb', becomes self-infective and also develops resistance to antibiotics. In such a situation the disguised protagonist never puts a Hamletian question-"to be or not to be"-but marches ahead with perverted proclivity-sans concern, sans care for collective irrefragably without conscience. In a way, corruption becomes a national economic terror." The constitutional functionaries, who have taken the pledge to interest, and uphold the constitutional principles, are charged with the r...
Tag this Judgment!