Court : Supreme Court of India
REPORTABLE2023NSC798 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11871 OF2014THE STATE OF PUNJAB AND OTHERS APPELLANTS Versus JASWANT SINGH ...RESPONDENT WITH CIVIL APPEAL No.11634 OF2014JUDGMENT J.K. MAHESHWARI, J.1. In the present appeals, respondent Jaswant Singh was recruited as a constable with Punjab Police. During probation, he was discharged from the services by Senior Superintendent of Police, Amritsar (hereinafter referred to as S.S.P.) in exercise of power under Rule 12.21 of Punjab Police Rules, 1934 (hereinafter referred to as PPR). Challenging the same, the respondent- plaintiff filed a suit, which was partly decreed by the Trial Court 1 and the discharge order was held to be illegal on the ground that it was passed in violation of the principles of natural justice.2. Assailing the same, the appellants/State preferred first appeal before Additional District Judge, Amritsar. Simultaneously, the respondent-plaintiff also filed a first appeal a...
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2023INSC792 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5610 OF2023(Arising out of Special Leave Petition (C) No.17151 of 2019) Rajendra Prasad & Ors. Appellants versus State of Uttar Pradesh & Ors. Respondents JUDGMENT ABHAY S. OKA, J.1. Leave granted. FACTUAL ASPECTS2 In this case, we are concerned with the recruitment to the ministerial Group C posts in the subordinate offices in accordance with the Uttar Pradesh Subordinate Offices Ministerial Group C Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (for short, the said Rules). The said Rules have been framed in the exercise of powers conferred by the proviso to Article 309 of the Constitution of India. Rule 5 of the said Rules provides that recruitment to 20% of the vacancies of the ministerial Group C posts of the lowest grade shall be made by promotion through the Selection Committee from those who have been substantively appointed in Group C.A.@SLP (C) No.17151 of ...
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REPORTABLE2023NSC796 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3254 OF2013L.R. PATIL APPELLANT Versus GULBARGA UNIVERSITY, GULBARGA ...RESPONDENT JUDGMENT J.K. Maheshwari, J.1. The appellant assails the tenability and validity of the judgment dated 23.10.2009 of the Division Bench of the High Court of Karnataka, Circuit Bench at Gulbarga passed in W.A. No.10003 of 2009, by which the order passed by learned Single Judge on 27.08.2008 in W.P. No.4066 of 2006 allowing the petition holding that the appellant had lien over his previous post and directing respondent-University to pay service and pensionary benefits, was set-aside.2. In the present case, the short questions of law which fall for consideration are 1 (i) Whether the order dated 08.04.1993 passed by the Respondent-Gulbarga University pursuant to Rule 252(b) of Karnataka Civil Service Rules (for short KCS Rules), relieving the appellant to accept another appointment as Assistant Registrar ought t...
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1 2023 INSC789NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5380-5382 OF2015PURUSHOTTAM BAGH SAHKARI AWAS SAMITI LTD. APPELLANT VERSUS SRI SHOBHAN PAL SINGH AND ANR. ETC. RESPONDENTS JUDGMENT PANKAJ MITHAL, J.1. The challenge in these appeals is to the common judgment and order dated 17.07.2013 passed by the learned Single Judge of the High Court allowing three writ petitions based on similar and identical facts whereunder writ petition no.18933 of 2011 was treated as a leading case and the facts of the same were narrated in the impugned order.2. In view of the above, as the writ petition was decided on the basis of the facts of one of the writ petitions, we also consider it appropriate to narrate the facts of the same only while 2 adjudicating upon the correctness of the judgment and order of the writ court.3. A society with the name Purushottam Bagh (residential) Sahkari Awas Samiti Ltd., Dayal Bagh, Agra, was formed in accordance with th...
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1 REPORTABLE2023NSC791 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2023(Arising from SLP (CRL.) No.2190/2023) PRAMOD KUMAR MISHRA APPELLANT(S) VERSUS THE STATE OF U.P. RESPONDENT(S) JUDGMENT SANJAY KAROL J.1. Leave granted.2. The present appeal arises from the final judgment and order dated 19.04.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.679 of 1987, which confirmed the judgment and order dated 03.03.1987 passed by IInd Addl. District & Sessions Judge Varanasi (hereinafter Trial Court) vide which the present appellant, Pramod Kumar Mishra was convicted under Section 307 of the Indian Penal Code (hereinafter IPC) and sentenced him to undergo 5 years 1 | SLP (Crl.) 2190/2023 2 rigorous imprisonment. Co-accused Jawahar and Suresh were acquitted by the Trial Court.3. This Court vide order dated 10.02.2023, had issued notice, limited to the question of sentence awarded to the appellant. Therefore, the question which...
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1 2023INSC790 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4713 OF2023(Arising out of SLP(C)No.17963 of 2019) FULMATI DHRAMDEV YADAV & ANR. APPELLANT(S) Versus NEW INDIA ASSURANCE CO. LTD. & ANR. RESPONDENT(S) JUDGMENT SANJAY KAROL J., 1.This appeal is filed at the instance of one Fulmati Dhramdev Yadav, assailing the judgement passed by the High Court of Gujarat at Ahmedabad in First Appeal No.3487 of 2013 whereby the Court has set aside the order of the Commissioner for Workmen Compensation Act, Bhuj (Kutch), Gujarat in W.C.F.C. No.08/10 awarding compensation in favour of legal representatives of the deceased employee. 22.Appellants herein1 are the mother and wife of one Ramakant Yadav2 who allegedly died on 31st October, 2009 as he was tying up logs on trailer while in employment as its driver, when one such log fell on his left leg. He died before any medical treatment could be given to him. 3.The deceased, allegedly, was an employee of Kutc...
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REPORTABLE2023NSC788 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO OF2023[ARISING OUT OF SLP (CRIMINAL) No.8510 OF2023 AMEENA BEGUM APPELLANT VS. THE STATE OF TELANGANA & ORS. RESPONDENTS JUDGMENT DIPANKAR DATTA, J.Leave granted. THE JUDGMENT UNDER CHALLENGE2 Under assail in this appeal is a judgment and order dated 28th June, 2023 of a Division Bench of the High Court for the State of Telangana (High Court, hereafter). Vide the impugned judgment, a writ petition1 instituted by the appellant seeking a writ of habeas corpus was dismissed and the order of detention dated 24th March, 2023 1 W.P. No.9000 of 2023 1 (Detention Order, hereafter) of the appellants husband (Detenu, hereafter), impugned therein, upheld. THE ORDER OF DETENTION AND FURTHER PROCEEDINGS3 The Commissioner of Police, Hyderabad City (Commissioner, hereafter) passed the Detention Order against the Detenu under the provisions of section 3(2) of the Telangana Prevention of Dangerous Acti...
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2023INSC793 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1271-1272 OF2018MUNNA PANDEY APPELLANT VERSUS STATE OF BIHAR RESPONDENT JUDGMENT J.B. PARDIWALA, J.: A fair trial is one in which the rules of evidence are honored, the accused has competent counsel, and the judge enforces the proper court room procedures - a trial in which every assumption can be challenged. Harry Browne 1. These appeals are at the instance of a convict accused sentenced to death for the offence of rape and murder of a 10-year old girl named X and are directed against a common 1 judgment and order passed by the High Court of Judicature at Patna dated 10.04.2018 in the Death Reference No.4 of 2017 with Criminal Appeal (DB) No.358 of 2017 by which the High Court dismissed the Criminal Appeal filed by the appellant convict herein and thereby confirmed the judgment of conviction and sentence of death passed by the Additional Sessions Judge- I, Bhagalpur in the Sessio...
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1 NON-REPORTABLE2023NSC822 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 2741 OF2023(@ SLP(CRL.) NO(S). 4927 OF2023 JAMBOO BHANDARI APPELLANT(S) VERSUS M.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. & ORS. ..RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 2742 OF2023(@ SLP(CRL.) NO(S). 6336 OF2023 JUDGMENT ABHAY S. OKA, J.Leave granted.2. Heard learned counsel appearing for the parties.3. The appellants in these two appeals were the accused before the learned Judicial Magistrate who tried them on a complaint filed by the respondent No.1 under Section 138 of the Negotiable Instruments Act, 1881 (for short N.I. Act). The learned Magistrate convicted the appellants and directed them to pay the cheque amount of Rs. 2,52,36,985/- with interest thereon @ 9% per annum. An appeal was preferred by the appellants before the Sessions Court. Relying upon Section 148 of the N.I. Act, the Sessions Court granted relief under Section 389 of the Code of Criminal Pro...
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2023INSC806 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1726 OF2015HARENDRA RAI APPELLANT(S) VERSUS THE STATE OF BIHAR & ORS. RESPONDENT(S) JUDGMENT VIKRAM NATH, J.1 The acquittal of respondent no.2 recorded by the Trial Court and the High Court was reversed vide judgment dated August 18, 2023 and respondent no.2 was convicted under Section 302 and 307 of the Indian Penal Code, 18601. By the same order it 1 IPC Criminal Appeal No.1726 of 2015 Page 1 of 8 was directed to take respondent no.2 into custody and produce him today in Court for being heard on sentence. 2 Crl.M.P.No.169246 of 2023 was filed by respondent no.2 with a prayer to permit him to appear virtually considering his health conditions and that he was already undergoing life sentence in another murder case. Crl.M.P. is allowed. Respondent no.2 is present virtually from jail and is duly represented by his counsel. 3 We have heard learned counsel for the parties. 4 Considering ...
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