Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) No.11039 OF2022MANOJ PARIHAR & ORS. PETITIONER(S) VERSUS STATE OF JAMMU & KASHMIR & ORS. .....RESPONDENT(S) ORDER1 This petition seeking leave to appeal under Article 136 of the Constitution is at the instance of unsuccessful original respondents in a writ application filed before the High Court of Jammu & Kashmir (Judicial Officers) and is directed against the judgment and order passed by a Division Bench of the High Court dated 27.05.2022 in the SWP No.1350/2011 by which the High Court allowed the Writ Petition filed by the Respondents No.3 to 19 herein (original writ applicants). [1].2. The facts giving rise to this special leave petition may be summarized as under:2. 1 At the outset, we may state that this is a 2nd round of litigation before this Court on the issue relating to fixation of the seniority of the Munsiffs (Batch of 2003) for promotion to the post of SubJudge in the State of...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). . OF2022(ARISING OUT OF SLP (Crl.) No(s). 7899-7900 of 2015) MANOJ PRATAP SINGH . APPELLANT(S) VERSUS THE STATE OF RAJASTHAN . RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Table of Contents Preliminary 2 Relevant factual and background aspects 7 The Evidence 12 The Trial Court found the appellant guilty and awarded death sentence 33 Deceased aged 7 years, mentally and physically challenged 33 Deceased last seen with the appellant 34 Discoveries on the information of appellant 34 1 Medical evidence 35 Report of FSL36Defence contentions rejected 37 Chain of circumstances complete 40 Death sentence by the Trial Court 41 High Court confirmed the death sentence awarded to the appellant 44 Rival Submissions 48 The scope and width of these appeals 61 Procedural questions relating to investigation and trial 64 Concurrent findings of fact: whether requiring interference?. 67 Whether death sentence be...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No../2022 (arising out of SLP(Crl.) No../2022 @ Diary No.34207/2018) ZAKIA AHSAN JAFRI . APPELLANT versus STATE OF GUJARAT & ANR. . RESPONDENTS JUDGMENT1 There is a delay of 216 days in filing of this special leave petition against the judgment and order dated 5.10.2017 passed by the High Court of Gujarat at Ahmedabad1 in Criminal Revision Application No.205/2014. Even though the explanation offered in the application for condonation of delay is blissfully vague and bereft of any material facts and particulars, keeping in mind the 1 for short, the High Court 2 subject matter involved, we deemed it appropriate to ignore/condone the delay and proceeded to hear the matter on merits.2. We must note that the respondents had faintly objected to the hearing of this matter on merits owing to unexplained delay in filing of the petition. However, they have a serious objection to the joining of Ms. Teesta S...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 906 OF2022(Arising out of SLP(Crl.) No(s). 9195 of 2021) GOPINATHAN .APPELLANT(S) VERSUS THE STATE OF KERALA .RESPONDENT(S) JUDGMENT Rastogi, J.1. Leave granted.2. The correctness of judgment and order dated 11th June, 2021 passed by the High Court of Kerala in Criminal Appeal No.800 of 2011 is challenged in appeal before this Court.3. The appellant(A1) was chargesheeted for offence under Section 55(g) and 8(1) read with 8(2) of the Abkari Act and after facing trial was convicted for the aforestated offences and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1,00,000/ each, in default rigorous imprisonment for 1 year for each offence under Section 8(1) read with 8(2) and 55(g) of 1 the Abkari Act and substantive sentences were directed to run concurrently.4. As per the prosecution, on 25th February, 2007 at 9.10 a.m., the SubInspector, Perunad police statio...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 907 OF2022(ARISING OUT OF SLP(CRL.) NO(S). 239 OF2022 SUNIL KUMAR .APPELLANT(S) VERSUS STATE OF KERALA & ANR. .RESPONDENT(S) JUDGMENT Rastogi, J.1. Leave granted.2. The correctness of the judgment passed by the High Court of Kerala dated 24th November, 2020 in Criminal Appeal No.460 of 2006 is a subject matter of challenge in appeal before this Court.3. The appellant, after facing trial, was convicted for the offence under Section 55(a) of the Abkari Act and Section 309 IPC and was sentenced to undergo simple imprisonment for 3 years and to pay a 1 fine of Rs.1,00,000/ (Rupees One Lakh only) each, in default of payment of fine, to undergo simple imprisonment for one year under Section 55(a) of Abkari Act and further sentenced to pay fine of Rs.2,000/ (Rupees Two Thousand only) under Section 309 IPC by the learned Additional Sessions Judge by judgment dated 7th October 2005.4. On appeal be...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 45784580 of 2022 (Arising out of S.L.P.(C) Nos.3118688 of 2016) KRISHNA RAI (Dead) APPELLANT(S) THROUGH LRs & ORS. VERSUS BANARAS HINDU UNIVERSITY THROUGH REGISTRAR & ORS. RESPONDENT(S) JUDGMENT Vikram Nath, J.1. Leave granted.2. I.A.D.No.133982 of 2021 is allowed. 13. In these three Civil Appeals, this Court has been called upon to decide whether principle of estoppel and acquiescence will prevail over statutory service rules prescribing the procedure for promotion of ClassIV employees to ClassIII working in the Banaras Hindu University1, Varanasi, a Central University. The learned Single Judge was of the view that the statutory rules would prevail and must be strictly adhered to, whereas, the Division Bench, although, agreeing with the reasoning of the learned Single Judge that the procedure prescribed under the rules was violated, still proceeded to set aside the judgment of the learned Single Ju...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4577 OF2022(Arising out of SLP (C) No.9780 of 2019) BHARAT BHUSHAN GUPTA . APPELLANT(S) VERSUS PRATAP NARAIN VERMA & ANR. .. RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Leave granted.2. This appeal arises out of a suit for mandatory and prohibitory injunction as also recovery of damages for use and occupation of the suit property, as filed by the plaintiff-appellant against the defendants- respondents1 wherein, an application filed by the contesting defendant (respondent No.1 herein) under Order VII Rule 11 of the Code of Civil Procedure, 19082 during the course of plaintiffs evidence, for rejection of the plaint for want of pecuniary jurisdiction of the Trial Court, was considered and rejected by the Trial Court on 11.07.2018 but, the High Court has taken a different view of the matter in its impugned order dated 18.03.2019 with reference to the statement made by the plaintiff in his 1 Hereinafter, t...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.903 OF2022(Arising out of SLP (CRL.) No.6548 of 2019) MS. P1 xxx . APPELLANT(S) VERSUS STATE OF UTTARAKHAND & ANR. . RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Leave granted.2. This appeal is directed against the order dated 25.09.2018 as passed by the High Court of Uttarakhand at Nainital in Criminal Revision Petition No.42 of 2018 whereby, the High Court declined to interfere with the order dated 28.10.2017, as passed by the Sessions Judge, Chamoli in Sessions Trial No.8 of 2017, discharging the accused-respondent No.2 of the offence under Section 376 of the Indian Penal Code, 18602 on the ground of lack of territorial jurisdiction with liberty to the prosecution to proceed against the accused in the appropriate Court while also directing 1 Looking to the subject matter of this appeal, which involves the accusations pertaining to the offence of rape punishable under Section 376 of the Indian ...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION Transfer Petition(s)(Criminal) No(s). 153/2021 S.M. Shoba Petitioner (s) Versus The Inspector of Police & Ors. Respondent (s) WITH Transfer Petition(s)(Criminal) No(s). 161/2021 S.M. Shoba Petitioner(s) VERSUS Saravanan Babu & Ors. Respondent(s) ORDER VIKRAM NATH, J.1. Transfer Petition (Crl.)No.153 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Criminal proceedings being C.C.No.631 of 2014, titled as the 2 Inspector of Police, All Womens Police Station, Madurai South vs. Saravanan Babu & Ors., pending before the Additional Magistrate of the Mahila Court, Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.2. Transfer Petition (Crl.)No.161 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 ...
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 4569 OF2022(Arising out of SLP(Civil) No(s). 2956 of 2022) UNION OF INDIA .APPELLANT(S) VERSUS K. RAJASHEKHARA REDDY AND ANOTHER .RESPONDENT(S) JUDGMENT Rastogi, J.1. Leave granted.2. The instant appeal is directed against the judgment and order dated 6th April, 2021 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh while setting aside the order of the Central Administrative Tribunal dated 5th September, 2017 directing the present appellant to conduct re-medical examination of the 1 respondent-applicant and take consequential steps thereafter within a period of four weeks.3. Briefly stated, facts relevant for the purpose are that the Civil Services Examination, 2014 (hereinafter being referred to as the CSE2014) was notified by the Union Public Service Commission (hereinafter being referred to as the UPSC) on 31st May, 2014 holding r...
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