Court : Supreme Court of India
[REPORTABLE]. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3786-3787 OF2020JOYDEEP MAJUMDAR APPELLANT(S) VERSUS BHARTI JAISWAL MAJUMDAR RESPONDENT(S) JUDGMENT Hrishikesh Roy, J.1. Heard Mr. Gopal Sankaranarayanan, the learned Senior Counsel appearing for the appellant (Husband). Also heard Mr. Ahmad Ibrahim, learned counsel appearing for the respondent (Wife).2. The challenge in these appeals is to the analogous judgment and order dated 25.6.2019 in the Page 1 of 12 First Appeal No.81 of 2017 and First Appeal No.82 of 2017 whereby the High Court of Uttarakhand had allowed both appeals by reversing the common order dated 4.7.2017 of the Family Court, Dehradun. Before the Family Court, the appellant succeeded with his case for dissolution of marriage but the respondent failed to secure a favourable verdict in her petition for restitution of conjugal rights.3. The appellant is an Army Officer with M.Tech qualification. The respondent is holding a faculty po...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9546 OF2010Asha John Divianathan Appellant versus Vikram Malhotra & Ors. Respondents JUDGMENT A. M. KHANWILKAR, J.1. The central issue in this appeal is in reference to Section 31 of the Foreign Exchange Regulation Act, 19731. To wit, transaction (specified in Section 31 of the 1973 Act) entered into in contravention of that provision is void or is only voidable and it can be voided at whose instance?.2. The undisputed facts are that one Mrs. F.L. Raitt, widow of late Mr. Charles Raitt, a foreigner and the owner of the property in question, gifted it to respondent No.1 (Vikram Malhotra) without obtaining previous permission of the Reserve Bank of India2 under 1 For short, the 1973 Act 2 For short, the RBI 2 Section 31 of the 1973 Act. Further, before executing the gift deed, she had executed an agreement of sale in favour of one Mr. R.P. David, father of appellant (Asha John Divianathan) and husban...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.175 OF2021(ARISING OUT OF SLP (CRIMINAL) No.2898 OF2020 RAM VIJAY SINGH .....APPELLANT(S) VERSUS STATE OF UTTAR PRADESH .....RESPONDENT(S) JUDGMENT HEMANT GUPTA, J.Leave granted.1. The present appeal has been preferred against the order dated 22.4.2020 passed by the High Court of Judicature at Allahabad. Vide the said order, the appeal filed by the appellant against his conviction for an offence under Section 302 read with Section 34 of the Indian Penal Code, 18601 was dismissed.2. Before this Court, the appellant filed an application for bail, inter alia, on the ground that he was juvenile on the date of incident i.e. 1 For short, the IPC 1 20.7.1982. In support of plea of juvenility, the appellant relied upon family register maintained by the Panchayat, Aadhaar Card and an order passed by the High Court in the year 1982. In the said order, the High Court had granted bail on the basis of the re...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos . 606 - 616 of 2021 Najiya Neermunda & Anr. Etc. ... Appellant(s) Versus Kunhitharuvai Memorial Charitable Trust & Ors. Etc. . Respondent (s) WITH Civil Appeal Nos . 617-634 of 2021 Civil Appeal No . 635 of 2021 Civil Appeal No . 636 of 2021 Civil Appeal No . 637 of 2021 Civil Appeal No . 666 of 2021 Civil Appeal No . 679 of 2021 JUDGMENT L. NAGESWARA RAO, J.1. The controversy in these Appeals pertains to fee fixation by the Admission and Fee Regulatory Committee for MBBS students in private self-financing medical colleges in the State of Kerala. 1 | Pa ge 2. Pursuant to the judgement of this Court in P.A. Inamdar & Ors. v. State of Maharashtra & Ors.1, the State of Kerala enacted Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2...
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Criminal Appeal No.989 of 2007 Devilal and ors. vs. State of Madhya Pradesh 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.989 OF2007DEVILAL AND OTHERS APPELLANTS VERSUS STATE OF MADHYA PRADESH RESPONDENT JUDGMENT Uday Umesh Lalit, J.1. This appeal, at the instance of Devilal son of Chetaram Gujar and his two sons Gokul and Amrat Ram, is directed against the judgment and order dated 14.09.2006 passed by the High Court1 in Criminal Appeal No.700 of 1999. 1 High Court of Madhya Pradesh, Bench Indore Criminal Appeal No.989 of 2007 Devilal and ors. vs. State of Madhya Pradesh 2 2. The appellants along with one Gattubai, wife of accused Devilal, were tried in Special Offence Case No.88 of 1998 in the court of Special Judge (SC/ST), Mandsaur, Madhya Pradesh under Sections 302 read with 34 of the Indian Penal Code (for short, IPC) and Sections 3(1)(10) and 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No.40 of 2018 Saraswati Educational Charitable Trust & Anr. .... Petitioners (s) Versus Union of India & Ors. . Respondent (s) With Writ Petition (C) No.291 of 2019 JUDGMENT L. NAGESWARA RAO, J.1. Writ Petition (C) No.40 of 2018 has been filed by Saraswati Educational Charitable Trust challenging the notice dated 29th September, 2017, issued by the second Respondent-Medical Council of India by which the Saraswati Medical College (hereinafter referred to as the College) was directed to discharge 132 out of 150 students admitted in the first year Bachelor of Medicine, Bachelor of Surgery (MBBS) course for the academic year 2017-2018. 1 | Pa ge 2. Writ Petition (C) No.291 of 2019 has been filed by 71 students who have been admitted in first year MBBS course for the academic year 2017-2018 in Saraswati Medical College to permit them to continue with their studies and to direct the Registrar, Uttar Pr...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO(s). 1410 OF2020RACHNA & ORS. ..PETITIONER(S) VERSUS UNION OF INDIA & ANR. .RESPONDENT(S) JUDGMENT Rastogi, J.1. Application(s) for intervention are allowed.2. The batch of petitioners were hopeful that in their last attempt, they may qualify in the Civil Services (Preliminary) Examination, 2020 (in short Examination 2020) which was held on 4th October 2020 but when they failed to achieve their goal, 1 approached this Court by filing the instant writ petition under Article 32 of the Constitution seeking mandamus to the 1st respondent to extend one additional attempt to the petitioners/intervenors as they are being barred from attempting the examination in future on account of exhausting of available attempts or on account of age bar subsequent to Examination 2020.3. The prayer which has been made in the instant petition is as follows: (a) Issue a writ of mandamus or any other appropriate writ, ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.703-704 OF2021ARISING OUT OF SPECIAL LEAVE PETITION (C) NOS. 14219-14220 OF2020V.N. PUBLIC HEALTH AND .. APPELLANT(S) EDUCATIONAL TRUST ETC. VERSUS STATE OF KERALA & ORS. ETC. .. RESPONDENT(S) JUDGMENT KRISHNA MURARI, J.Leave granted.2. These appeals arises out of the Judgment and Order dated 03.11.2020 passed by the Kerala High Court in Writ Appeal Nos. 1401 and 1413 of 2020, wherein the Division Bench of the said High Court modified the directions of the learned Single Judge to the extent of consideration for establishment of Medical College by the appellant for the Academic Year 2021-2022. 13. The issue arising for consideration before us is whether Essentiality Certificate (hereinafter referred to as EC) and Consent of Affiliation (hereinafter referred to as CoA) should be granted for the year 2020-2021 to the appellant. The other issues which need to be addressed are :- (i) Whether grant of Esse...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.706 OF2021(ARISING OUT OF SLP(C)NO.24950 OF2015 PARMAR SAMANTSINH UMEDSINH And Others APPELLANTS VS. STATE OF GUJARAT & ORS. RESPONDENTS WITH CIVIL APPEAL No.707 OF2021(ARISING OUT OF SLP(C)NO.30635 OF2015 STATE ELECTION COMMISSION APPELLANT VS. VIRENDRASINH MAFAJI VAGHELA & ORS. RESPONDENTS WITH WRIT PETITION (C)NO.786 OF2020NARENDRA KUMAR AMBALAL RAVAT APPELLANT VS. STATE OF GUJARAT & ORS. RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.Leave granted.2. The civil appeals and writ petition, being tagged, all three matters have been heard together. 23. We need to notice the facts and pleadings in the first matter, i.e., Civil Appeal (arising out of SLP(C)No.24950 of 2015-Parmar Samantsinh Umedsinh vs. State of Gujarat & Ors.). The abovesaid appeal has been filed against the judgment of Gujarat High Court dated 29.07.2015 in Special Civil Application No.12084 of 2015 dismissing the writ petition followin...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1008 OF2010R. DAMODARAN ...APPELLANT(S) VERSUS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ...RESPONDENT(S) JUDGMENT Rastogi, J.1. The accused appellant was charged for offence under Section 302 IPC for the murder of his own wife Nirmala Mary while she was at the advanced stage of her pregnancy. After facing trial, he was held guilty of charge of murder of his wife under Section 302 IPC and was awarded life imprisonment by the learned trial Judge by judgment dated 3rd September, 2007 and confirmed by the High Court by judgment impugned dated 10th July, 2009. 12. The case of the prosecution is that marriage of deceased Nirmala Mary and accused appellant was solemnised on 17th February, 1997. The appellant used to frequently change his rented accommodation and whenever he changed the rented accommodation, he used to quarrel with the deceased and send her to her father to fetch money. Her ...
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