Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION IA No 49930 of 2020 in Civil Appeal No 4235 of 2014 The Board of Control for Cricket in India .... Appellant Versus Cricket Association of Bihar & Ors ....Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J1By the judgment of this Court in Board of Control for Cricket in India v Cricket Association of Bihar1, the draft Constitution of the Board of Control for Cricket in India2 was approved. The Court stipulated that any amendment to the Constitution shall not be given effect to without the leave of the Court. Clause 45 of the Constitution, as approved, contains the following provision: These Rules and Regulations of the BCCI shall not be repealed, added to, amended or altered except when passed and adopted by a 1 (2018) 9 SCC6242 BCCI 2 3/4th majority of the members present and entitled to vote at a Special General Meeting of the General Body convened for the purpose or at the Annual General Meeting. Any such amendme...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PEITTION (C) NOS. 156566 OF2021 THE STATE OF TELANGANA & ANR. ......PETITIONERS VERSUS B. SUBBA RAYUDU AND OTHERS ....RESPONDENTS JUDGMENT INDIRA BANERJEE J.These Special Leave Petitions are against a final judgment and order dated 8th December 2020 whereby the High Court for the State of Telangana and for the State of Andhra Pradesh at Hyderabad, allowed the Writ Petitions filed by the Respondent No.1 being Writ Petition (TR.) No.5482 of 2017 and Writ Petition No.24820 of 2017, set aside an order being F. No.29/01/2016SR(S) dated 14th January 2016 of the Ministry of Personnel, PG and Pensions and directed the Ministry of Personnel, PG and Pensions to allocate the Respondent to the State of Telangana with effect from 14th January 2016. The State of Telangana was directed to give a 1 posting to the Respondent in the cadre of Joint DirectorClass A in the Animal Husbandry Department of the State of Telanga...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1562 OF2022ARISING OUT OF SLP (CRL) No.9601 OF2016KANCHAN KUMAR ...APPELLANT VERSUS THE STATE OF BIHAR ...RESPONDENT JUDGMENT PAMIDIGHANTAM SRI NARASIMHA J.1. Leave granted.2. This appeal is against the concurrent dismissals by the Trial1 and the High Court2 of the application for discharge filed by the Appellant under Section 227 of the Code of Criminal Procedure, 19733. 1 Special Judge (Vigilance), Patna, in Special Case No.9 of 2000 dated 28.03.2016. 2 High Court of Judicature at Patna, in Criminal Miscellaneous No.23031 of 2016 dated 05.10.2016. 3 hereinafter referred to as the Cr.P.C. Page 1 of 163. Facts leading to the filing of this Appeal: The Appellant joined the Bihar State Financial Corporation4 in the capacity of an Assistant General Manager on 19.07.1974. After a period of thirteen years, in 1987, a complaint came to be filed against the Appellant for having allegedly purchased thre...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4736-4737 OF2011ANIL KUMAR MODI & ORS. Appellant(s) VERSUS TARSEM KUMAR GUPTA Respondent(s) JUDGMENT B.R. GAVAI,J.1. These appeals challenge the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 26.08.2009 affirming the order passed by the Additional District Judge, Sangrur dated 28.10.2006 whereby the Additional District Judge had allowed the appeal of the respondent- plaintiff and decreed the suit.2. This is a third round of litigation between the parties. 23. In the first round, the respondent-plaintiff had filed a suit for injunction against the Municipal Committee as well as the present appellants-defendants for removing the latrine blocks in the 10 feet passage between the houses of the two parties. The said suit was dismissed holding that, though the respondent-plaintiff had a right to the said passage in view of sale deed dated 11.10.1954, he had no ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1317 OF2022CHHERTURAM @ CHAINU Appellant Versus STATE OF CHHATTISGARH Respondent JUDGMENT SANJAY KISHAN KAUL, J.1. We are faced with a case of patricide albeit both the father and the son were drinking together.2. In the intervening night of 26th and 27th July, 2010, between 10.00 pm and 12.30 am, the effect of alcohol may have resulted in a quarrel inter se the father and the son. The informer, Chamruram (PW-8), who is a neighbour, on reaching their house found the appellant assaulting his father, Goienda, the deceased, with Nagar Wood. The deceased fell to 1 the ground and died. In the presence of the appellants brother, PW-4, the appellant admitted that he killed his father. The FIR was lodged by PW-8 in the Police Station Darima next morning and the appellant was arrested on 28.07.2010. On his disclosure statement regarding a lungi as well as Nagar Wood, the same were found at the courtyard ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7759-7760 OF2014GULF OIL CORPORATION LTD. .....APPELLANT(S) VERSUS THE STATE OF TELANGANA & ORS. .....RESPONDENT(S) W I T H CIVIL APPEAL No.7761 OF2014SRI UDASIN MUTT .....APPELLANT(S) VERSUS GULF OIL CORPORATION LTD. & ORS. .....RESPONDENT(S) JUDGMENT HEMANT GUPTA, J.1. The challenge in Civil Appeal Nos. 7759-7760 of 2014 is to an order dated 7.3.2013 passed by the Andhra Pradesh High Court in Writ Petition No.31893 of 2011 whereby the appellant herein i.e., Gulf Oil Corporation Limited1 was ordered to be evicted under the 1 For short, the Lessee provisions of The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 19872. The lessee claimed leasehold rights on the land admeasuring 540 acres and 30 guntas situated at village Kukatpally, Hyderabad.2. Civil Appeal No.7761 of 2014 has been preferred by Sri Udasin Mutt3, the lessor of the said land, arising out of Writ Petition No....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6554 OF2022(@ Special Leave Petition (C) NO.25554 OF2018 RAMAN (DEAD) BY LRS. APPELLANT(S) VERSUS R. NATARAJAN ...RESPONDENT(S) JUDGMENT Leave granted.2. The suit for specific performance of an Agreement of Sale of an immovable property, filed by the respondent herein, was decreed by the Trial Court but the said decree was reversed by the First Appellate Court. However, the High Court reversed the Judgment and decree of the First Appellate Court and restored the decree for specific performance granted by the Trial Court. Aggrieved by the same, the legal representatives of the original defendant are on appeal.3. We have heard Mr. G. Sivabalamurugan, learned counsel for the appellants and Mr. S. Nandakumar, learned counsel for the respondent. 14. The respondent herein filed a suit in O.S. No.360 of 2008 on the file of the First Additional District Munsif, Salem, for specific performance of an Agreement ...
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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.11698 OF2018UTTAM KUMAR SHAW APPELLANT VERSUS PARTHA SARATHI SEN & ORS. RESPONDENTS JUDGMENT M.M. SUNDRESH, J.1. Heard Mr. Jayanth Nath, learned senior counsel for the appellant. Neither the counsel for the High Court nor that of the contesting respondents would want to make their submissions. While the counsel for the High Court submitted that any decision of this Court would be duly implemented, it is the say of the counsel for the contesting respondents that they have no desire to pursue the matter further. Counsel for the State have stated that appropriate orders may be passed based on the position it has taken. 22. The appellant joined the Judicial Service in 1989 as a Civil Judge, Junior Division. With the approval of the Full Court, he was deemed suitable for empanelment in the rank of West Bengal Higher Judicial Services. Accordingly, a communication was sent by the High Court to the Pri...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 89048907 OF2010M/S. SHIVALI ENTERPRISES ...APPELLANT(S) VERSUS SMT. GODAWARI (DECEASED) THR. LRS. AND OTHERS ...RESPONDENT(S) JUDGMENT B.R. GAVAI, J.1. These appeals challenge the judgment dated 3rd March 2008 passed by the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal Nos. 1206 and 1207 of 2005, thereby allowing the appeals filed by the respondentsdefendants challenging the concurrent judgments and decrees dated 3rd January 2001 passed by the Additional Civil Judge (Senior Division), Faridabad (hereinafter referred to as the trial court) in RBT32990/2000, and 8th February 2005 passed by the learned 1 District Judge, Faridabad (hereinafter referred to as the Appellate Court) in Civil Appeal No.11 of 2001. Vide the impugned judgment, the learned Single Judge of the High Court directed that, if the plaintiff desires to get the sale deed executed pu...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6544 OF2022(@ SLP (C) NO.12743 OF2022 MOHAMMAD LATIEF MAGREY ..APPELLANT VERSUS THE UNION TERRITORY OF ..RESPONDENTS JAMMU AND KASHMIR & ORS. JUDGMENT J.B. PARDIWALA, J.1. Leave granted.2. The dead are to rest where they have been lain unless reason of substance is brought forward for disturbing their repose. Justice Cardozo Yome v. Gorman, 152 N.E. 126, 129 (N.Y. 1926). 13. The leading case on disinterment in the United States is Pettigrew v. Pettigrew, 56 A. 878 (Pa. 1904) which was decided by the Supreme Court of Pennsylvania in 1904: The presumption is against a change. The imprecation on the tomb at Stratford, Curst be he that moves my bones, whether it be Shakespeares own or some reverent friends, expresses the universal sentiment of humanity, not only against profanation, but even disturbance. When a case comes into court, the chancellor will regard this sentiment, and consider all the circums...
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