C.M. Girish Babu
v C.B.I., Cochin, High Court of Kerala 24/2/2009.
Prevention of Corruption Act, 1988 - section
- and 13(2)
read with 13(1)(d) - conviction under - was acquitted of the charge
under Section 120B of the IPC -the appellant preferred an appeal to the Kerala High Court at Ernakulam, which dismissed the appeal by its
judgment dated 28th November, 2007. However, the Appellate Court reduced
the substantive sentence to that of one year only. The High Court
acquitted the first accused of all the charges against which State
preferred no appeal. This appeal is brought, by special leave against
the judgment of the High Court -
Leave granted
Anand Kumar Appellant versus State of M.P. 20/2/2009.
Indian Penal Code, 1860 - section 306 and Dowry Prohibition Act, 1961 -
section 4 - conviction under - appeal under an abetment of suicide as
visualized by Section 306 of the IPC but in Section 113-B which is
relatable to Section 304-B the word `may' has been substituted by
`shall' and there is no reference to the circumstances of the case.
Admittedly, the conviction of the appellant has been recorded under
Section 306 which is relatable to Section 113-A and though the
presumption against an accused has to be raised therein as well, the
onus is not as heavy as in the case of a dowry death -
Leave granted
Krishan Gopal
and another v Sandhya Devi and others18/2/2009.
Motor accident - negligent driving - compensation
- High
Court held that respondent's son died due to the rash and negligent
driving of the Appellant No.2 herein, while he was driving the scooter
owned by the Appellant No.1 (father of Appellant No.2) and that both of
them were jointly and severally liable to pay compensation of Rs.2 lakhs,
together with interest at the rate of 9 per cent per annum w.e.f. 6th
October, 1999, till deposit of the amount - the appellants have filed
the instant appeal against the said decision of the High Court -the reversal of the
Award of the Motor Accident Claims Tribunal by the High Court cannot be
said to be perverse or without any basis -
Leave granted
Usha Rajkhowa and others
v M/s. Paramount Industries and
others 17/2/2009.
Motor accident - contributory negligence - compensation
-
the Tribunal limited the appellants' entitlement to 50% of assessed
claim amount and granted compensation of Rs.6,56,300/- on the ground
that there was contributory negligence on the part of the driver of the
Car, who lost his life in accident. He was the husband of appellant No.
1 and the father of appellant No. 2. The Car was insured by respondent
No. 3 Oriental Insurance Company Ltd. -the compensation was correctly assessed
- would
not confirm the theory that the accident took place because of the
contributory negligence and would choose to award full compensation to
the appellants. -
Leave granted
Hyderabad Metropolitan Water Supply & Sewerage Board
& others v P. Satyanarayana Rao 16/2/2009.
Regularisation of the services of the workmen
- stay -
granting of - the Division Bench of the High Court, however, granted
stay of payment of arrears till the disposal of the appeal. That being
the position, this Court grants the stay against the regularization of
the services of the workmen till the disposal of the appeal as well -
refusal to stay against regularisation of the services of the workmen
stands set aside and interim order is granted in the manner indicated
till the disposal of the appeal.
State of M.P.
v Abdul Kadir and another 13/2/2009.
Madhya Pradesh Prisoners (Release on Probation) Act, 1954
and the Rules made thereunder - writ petition by life convict - plea in
the writ petition was that his case had been recommended by the District
Magistrate and the Superintendent of Police but the Probation Board in
its meeting held on 24.1.2001 did not recommend his case for release on
probation - order passed in writ petition challenged in Letters Patent
Appeal - dismissal - appeal by State - since the High Court has not
considered the issues in the proper perspective, this Court sets aside
the impugned order of the Division Bench and direct it to re-hear the LPA on condonation of delay, keeping in view the parameters indicated by
this court in Arvind Yadav's case 2003(6) sec 144.
Vinodan v Vishwanathan
12/2/2009.
Partition of a building constructed on a small
piece of land between brothers - a serious endeavour has been
made by this Court to amicably settle the matter - this Court is
granting long time to the appellant to vacate the portion of the
building in his possession to avoid any inconvenience to the appellant.
In case the appellant after one year of receiving the entire amount of
Rs.5,50,000/- does not vacate the portion of the building in his
possession, in that event, the Subordinate Court is directed to ensure
that the possession is taken from the appellant and handed over to the
respondent. Perhaps this solution may lead to ultimate peace between the
families of two brothers.
State of Maharashtra Etc. v Dhanendra Shriram Bhurle Etc. 11/2/2009.
Unlawful Activities (Prevention) Act, 1967
- sections 10,
13, 18 and 29, Arms Act, 1959 - section 3 and 4 - Indian Penal Code,
1860 - sections 34 and 120B - trial under - challenge in these appeals
is to the order passed by a learned Single Judge of the Bombay High
Court, Nagpur Bench, granting bail to the respondents - since the High
Court had not kept the relevant parameters in view, while granting bail,
the impugned order is set aside - the trial court to complete the trial
as early as practicable preferably within six months from the date of
receipt of this court's order. -
Leave granted
Prasad @ Hari Prasad Acharya v State of Karnataka
9/2/2009.
Indian Penal Code, 1860 - sections 447, 376(2)(g) and 506
read with section 34 - conviction under - challenge in this appeal is to
the judgment of a learned Single Judge of the Karnataka High Court
upholding the conviction of the appellant - impugned judgment set aside
and matter remitted to the High Court. -
Leave granted
State of Maharashtra v Krishnarao Dudhappa Shinde
5/2/2009.
Prevention of Corruption Act, 1947 -
section 5(1)(e) - conviction under - respondent a government servant was
Inspector of Police when raid was conducted in his house - was sentenced
to undergo minimum sentence of one year and was directed to pay a fine
of Rs.2,50,000/- - the High Court did
not examine the other aspects and only dealt with the applicability of
Section 5(1)(e) of the Act on the factual position - matter remitted to
the High Court.
Ajab Singh and others v Antram and others
3/2/2009.
Uttar Pradesh Zamindari Abolition and Land Reforms
Act, 1950 - consolidation proceedings under - revision
application under - one of the grievances which has been raised by
the appellants herein is that the order of Consolidation Officer dated
23.12.1981 and that of the Settlement Officer, Consolidation dated
29.11.1982, have been upset by the Deputy Director, Consolidation while
entertaining a revision filed by the contesting respondents on
10.8.1993, which according to the appellant, is barred by limitation -
Leave granted
Jagdish
Bagri v Rajendra Kumar Luhariwala and another 21/1/2009.
Negotiable Instruments Act, 1881 - section
138 - cheque of Rs. 1 lakh dishonoured - cheque issued as security - the
High Court noticed that the appellant failed to pay Rs.2,30,000/- in
instalments as agreed to and therefore because of default of payment
cheque of Rupees one lakh was presented. In that sense there is no
question of any security - It is
true that the lawyers are expected to be vigilant once they accept a
brief. But on the peculiar facts of the case this Court sets aside the
impugned order and remit the matter to the High Court for a fresh
consideration on merits.-
Leave granted
Suzanne
Lousie Martin v State of Rajasthan and another 16/1/2009.
Bail - granting of - and suspension of
sentence - appeal - without expressing any opinion on the merits of the
dispute and culpability of the accused, this Court is certainly of the
opinion that this was not a fit case where the sentence awarded should
have been suspended and the accused released on bail. The High Court
was, thus, totally unjustified in granting bail to the accused, or in
suspending the sentence.-
Leave granted
Huchamma
(D) By Lrs. v State of Karnataka and others14/1/2009.
Inordinate Delay in filing appeal - dismissal
- the High Court has rightly dismissed the writ appeal on the ground of
inordinate delay holding that the preliminary notification acquiring the
land in question including the lands of the appellants was issued on
15th July, 1982 and the final notification was issued on 16th August,
1985 and the award was passed on 12th May, 1998 and possession of the
land in question was taken over on 30th June, 1998, and subsequent to
that the writ petition was filed in the year 2000 - the High Court was
justified in dismissing the writ appeal on the ground of inordinate
delay in filing the appeal — interim order stands vacated.-
Leave granted
Oriental
Insurance Co. Ltd. v Ram Prasad Varma and others13/1/2009.
Motor Vehicles Act, 1988 - section 166 -
respondent suffered permanent disability as both legs amputated due to
rash and negligent driving of the lorry - no case has been made out for
interference with the rate of interest. The appeal is dismissed subject
to the modification that from the gross income of the respondent, the
amount of income tax as was applicable at the relevant time should be
deducted. The Tribunal is directed to re-determine the amount of
compensation in the light of this judgment.
Buddu Khan v State of Uttarkhand
12/1/2009.
Indian Penal Code, 1860 - section 302 -
conviction under - upheld by the judgment of Division Bench - challenged
in this appeal - exception 4 to Section 300 applies to the facts of the
case. The appropriate conviction would be under Section 304 Part I IPC.
Custodial sentence of 10 years would meet the ends of justice.-
Leave granted
Rajender Singh and another with Suraj Bhan with
Ram Niwas v State of Haryana9/1/2009.
Indian Penal Code, 1860 - section 302 read
with section 34 and section 342 read with section 34 - the accused filed
three sets of appeals before the High Court of Punjab & Haryana at
Chandigarh - The occurrence as spoken by the eyewitnesses is fully
established, therefore, all the appellants will be constructively liable
under Section 302 read with Section 34 IPC for the commission of the
crime, though the fatal injury was inflicted by A-1, only as the other
appellants participated in giving beatings to the deceased which caused
injuries on other part of his body - no merit and substance in any of
the submission made on behalf of the appellants.
Prem Kumar
v State of Rajasthan 7/1/2009.
Indian Penal Code, 1860 - sections 306 and
304 part B and section 4 of the Dowry Prohibition Act, 1961 - faced
trial - acquittal - appeal - challanged - the principles which would
govern and regulate the hearing of appeal by the High Court against an
order of acquittal passed by the trial Court have been set out in
innumerable cases of this Court - the evidence of PWs 1, 2, 3, 4 and 5
clearly shows the greed of the accused who was persistently taunting and
harassing the deceased for not having brought sufficient dowry.
Therefore, the High Court was justified in upsetting the order of
acquittal passed by the trial Court and directing her conviction.
Syed
Basheer Ahamed and others v Mohd. Jameel and another
6/1/2009.
Motor Vehicle Act, 1988 - compensation with
interest - entitlement - judgment of the High Court - challenged
in this appeal - petition under section 166 of the Act - a bare argument
by learned counsel for the appellants that the deceased had a potential
of expanding his business, cannot be accepted as sufficient material to
determine the future prospects of the deceased - ends of justice would
be met if the income of the deceased is taken at Rs.5,500/- per month or
Rs.66,000/- per annum - in the absence of any evidence to the contrary,
the practice is to deduct towards personal and living expenses of the
deceased, one-third of the income in case he was married and one-half
(50%) if he was a bachelor-
Leave granted
State of Karnataka v Bantara
Sudhakara @ Sudha and another
18/7/2008.
Indian Penal Code, 1860 - section 376 -
acquittal under - appeal against - The High Court observed that
there was possibility of two years variation and therefore it was to be
taken that the victims were more than 16 years of age. The High Court
accepted that there was sexual intercourse and rejected the plea of
false implication - the High Court's conclusions in this regard are not
only fallacious but contrary to the evidence on record.
Shivappa Mallappa Pujar and others v Guddappa and
others 17/7/2008.
Land - occupancy rights - conferment - the
impugned order of the High Court cannot be sustained simply for two
reasons. First, the admission made by the respondent before the Tribunal
on the basis of which the application was rejected by the Tribunal was
not considered in proper manner. Secondly, after the order was passed by
the Land Tribunal, a writ petition was filed challenging the aforesaid
order of the Tribunal about seven to eight years thereafter.
Harijan Mangri Siddakka & others v
Oriental Insurance Co. Ltd. & another16/7/2008.
Workmen's Compensation Act, 1928 - section 30(1)
- appeal under - disposed by learned single Judge
- order challenged in appeal - there is
practically no discussion on the factual scenario as to whether there
was any connection between the death and the use of the vehicle. It
would depend upon the factual scenario in each case and there cannot be
any strait jacket formula to be applied - the expression "use" in the
Statute is with reference to "use of the motor vehicle". Whether there
was a use of the motor vehicle has to be factually analyzed.-
Leave granted
Shashi Mohan Appellant versus State of M.P.
15/7/2008.
Indian Penal Code, 1860 - section 302 read with
section 34 - conviction under - under the provisions of Section
34 IPC the essence of the liability is to be found in the existence of a
common intention animating the accused leading to the doing of a
criminal act in furtherance of such intention. As a result of the
application of principles enunciated in Section 34, when an accused is
convicted under Section 302 read with Section 34, in law it means that
the accused is liable for the act which caused death of the deceased in
the same manner as if it was done by him alone..-
Leave granted
Bharat Parikh v C.B.I. and another14/7/2008
Criminal Procedure Code, 1973 - sections 207 and
238 - whether having framed charges against an accused, a
Magistrate has the jurisdiction in law to recall such order on the
ground that the prosecution had failed to comply with the provisions of
Section 207 of the Code of Criminal Procedure. -
Leave granted
Pankaj Kumar v State of Maharashtra and others11/7/2008.
Constitution of India -Article 227 read with section 482 Criminal
Procedure Code, 1973 - petition under - seeking quashing of the chargesheet and the consequential proceedings initiated against them in
Special Case No.3 of 1991 pending in the court of Special Judge, Latur -
the scope and ambit of powers of the High Court under Section 482, CrPC
or Article 227 of the Constitution has been enunciated and reiterated by
this Court in a series of decisions and several circumstances under
which the High Court can exercise jurisdiction in quashing proceedings
have been enumerated.-
Leave granted
Satish Sitole v Ganga10/7/2008.
Hindu Marriage Act - section 13(1)(1a)(1b) - appellant filed matrimonial
case - on grounds of cruelty and desertion under Section 13(1)(1a)(1b)
of the Hindu Marriage Act for dissolution of the marriage. Despite
holding that the respondent had proved his case on grounds of cruelty
and desertion, the trial court did not grant a decree - for divorce, but
thought it appropriate to pass a decree of judicial separation instead -
whether a marriage which is otherwise dead emotionally and practically
should be continued for name sake.
Seema v Ashwani Kumar 9/7/2008.
Marriages - compulsory registration -
directions were given to the States and the Union Territories in the
matter of framing necessary statutes regarding compulsory registration
of marriages - different States and Union Territories have placed on
record details of the compliance made - let all the States and Union
Territories who have not given specific details, file affidavits within
four months from today.
Balwant Singh Narwal and others v State of Haryana and others
8/7/2008.
Seniority - the appellants, appointed as
Principals between 1995 and 2000 (either by direct recruitment or
promotion) are aggrieved by the seniority given to respondents 4 to 16
appointed as Principals on 26.5.2000, with retrospective effect from
2.6.1994 - the State Government was justified in giving them only
notional seniority and placing them immediately below the other 16
candidates selected in the common merit list (published on 1.10.1993)
and appointed on 2.6.1994.
Kusuma Ankama Rao v State of Andhra
Pradesh 7/7/2008.
Indian Penal Code, 1860 - section 302 - conviction under - an
extra-judicial confession, if voluntary and true and made in a fit state
of mind, can be relied upon by the court. The confession will have to be
proved like any other fact. The value of the evidence as to confession,
like any other evidence, depends upon the veracity of the witness to
whom it has been made
M.Saravana Porselvi
v A.R. Chandrashekar @ Parthiban & others27/5/2008.
Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary
divorce - registered - permanent alimony received by the wife - there
does not exist any period of limitation in respect of an offence under
Section 494, as the maximum period of punishment which can be imposed
therefore is seven years-
Leave granted
Illa Roy Chowdhury V Shyamali Das and others
16/5/2008.
Land Acquisition
Act, 1894 - sections 30 and 31
- an application for reference under - an attempt on the part of the
First Respondent to get herself imp leaded as party in the Reference
Petition did not fructify.
Amol Singh v State of M.P. 15/15/2008.
Indian Penal Code, 1860 - section 302
and 34 - conviction and sentence - the discrepancies, make
the last declaration doubtful. The nature of the inconsistencies is such
that there are certainly material. That being so, it would be unsafe to
convict the appellant. The conviction is set aside and appellant is
acquitted of the charges. -
Leave granted
Ramachandran v R. Udhayakumar & others
13/5/2008.
Criminal Procedure Code, 1973 -
section 482 - prayer for directory the respondent to withdraw the
litigation - and to entrust the same to the file of Central Bureau of
Investigation - the direction of the High Court for
re-investigation or fresh investigation are clearly indefensible.-
Leave granted
T.Thimmaiah (D) By Lrs. v Venkatachala Raju (D) BY
Lrs. 9/5/2008.
Cr.P.C. Order 47 Rule 1 - order made
in review - challenged - from a bare perusal of the judgment in
review, it is clear that the principles laid down under Order 47 Rule 1
of the CPC have been completely ignored - we, however, give
liberty to the respondent herein to challenge the judgment dated 16th
February 1999, if so advised.
Tarakanath Kar v Lipika Kar7/5/2008.
Criminal Procedure Code, 1973 — section 125
- application filed by respondent Lipika - case transferred
- Chandana filed application for being impleaded - in the
subsequent order dated 5.7.2006 the High Court highlighted the limited
jurisdiction for rectification/modification under Section 362 of the
Code -
Leave granted
Madhuban v State of U.P. 5/5/2008.
Indian Penal Code,1860 - sections
302, 323 and 394 - conviction - confirmed by High Court -
appeal - it appears that the learned advocate appearing on behalf
of the appellant before the High Court could not make oral submissions
because of infection in vocal cord -
Leave granted
State of
U.P. v Jagram & other 12/2/2008.
Indian Penal code, 1860 - sections 302, 324 read
with section 34 - conviction by trial court - set aside by the
Division Bench - several discrepancies in the evidence of the witnesses
and the prosecution version did not inspire confidence. -
Leave granted
Sirisia
Sthal, Imli Chati, Muzaffarpur & others v State of Bihar & others
211/2/2008.
Bihar Land Reforms (Fixation of ceiling Area and
Acquisition of surplus Land) Act, 1961 - vires of certain
provisions challenged - writ - dismissed appeal - Since the High
Court has not applied its mind to the challenge raised and has
erroneously referred to the 9th Schedule to the Constitution, it would
be appropriate to set aside the impugned order of the High Court and
remit the matter to it for fresh consideration in accordance with law.
B.K. Sri
Harsha (D) By L.R. and another v M/s Bharath Heavy Electricals Ltd
8/2/2008.
Code of civil Procedure, 1908 - section 96
- Challenge in these appeals is to the judgment of the learned Single
Judge of the Karnataka High Court dismissing the First Appeals filed
under Section 96 of the Code of Civil Procedure, 1908
Union of India and others v Rajesh Vyas 7/2/2008.
Rajasthan High Court ordinance, 1949 - section 18
- appeals under -
order of discharge - show cause notice - the learned Single Judge and
the Division Bench were wrong in holding that the reply given to the
show cause notice was not considered.
Balwant Singh and others v State of Punjab 6/2/2008.
Indian Penal Code, 1860 — section 302 - conviction under by Additional
Session Judge - appeal - dismissal by High Court appeal - there is
strong circumstantial evidence that they were caused by the accused -
this circumstantial evidence is sufficient to uphold the conviction
because it contains all the links in the chain which connect the accused
with the incident
V. Subbulakshmi & others v S. Lakshmi & another 5/2/2008.
Motor accident claim - by the owner of the vehicle
- maintainability -
in the instant case, the owner of the bus was an aggrieved person. He
could maintain an appeal of his own. Section 173 of the Act confers a
right on any aggrieved person to prefer an appeal from an award - as to
compensation -
Leave granted
Anand Sharad Chandra Oka v University of Mumbai and others 4/2/2008.
Words and Phrases - aggrieved party - meaning of
- electoral roll for
electing members of the Senate - university calling for applications
from graduates - the writ-petitioner obtained B.A. Degree from Bombay
University. Thus, the writ-petitioner was graduated from the
respondent-University. His name, therefore, can be registered in the
electoral roll for electing members of Senate. He was not, therefore, an
'aggrieved party'.-
Leave granted
State of Orissa and another v M/s. Tata Iron & Steel Co. Ltd. and other
4/2/2008.
Writ Petition -- Technical bids of VISA and TISCO could not have been
rejected at the threshold without proper evaluation in terms of
eligibility condition set out in the concerned advertisement - it would
be desirable for the State Government to ensure that the technical bids
and the revised financial bids to be submitted within three weeks as
directed earlier, be evaluated and informed
Shfaq Khan and another v State of U.P. and other 1/2/2008.
Indian Penal code, 1860 - section 420 and 424
- U P Gangsters and Anti -
Social Activities (Prevention) Act, 1980 - writ Petition filed for
quashing the FIR - The stand in the writ petition was that even if the
FIR is taken at its face value, there is no scope for holding that the
appellants committed cheating or an offence punishable under the
Prevention Act -
Leave granted
Bijoy Das v State
of West Bengal
28/1/2008.
Indian Penal
Code, 1860 - section 302
- conviction under - upheld by the High Court - appeal - if a dying
declaration is found to be reliable then there is no need for
corroboration by any witness, and conviction can be sustained on its
basis alone.- Leave granted
Shanti Devi v
State of Sikkim and another
25/1/2008.
Decision
impugned -
this is one of those rare cases in which the decision impugned in the
appeal not only merits intervention but also calls for certain
observations to be made in respect of the order itself - Leave granted
Balasaheb
Dayandeo Naik (Dead) through LRs and others v Appasaheb Dattatraya Pawar
24/1/2008.
Specific
performance -
this appeal is directed against the judgment and order dated 11.01.2005
passed by the High Court of Judicature at Bombay in First Appeal No. 743
of 1993 in and by which the High Court set aside the decree for specific
performance granted by the trial Court and consequently dismissed the
suit of the plaintiffs - Leave granted
Vishnu Dev Sharma
v State of U.P. & others
23/1/2008.
Seniority -
fixation - writ petition - seniority challenged
- seniority
has been given from the date if confirmation - learned counsel for the
appellant submitted that such summary dismissal of writ petition was not
warranted as several issues of considerable importance were involved,
more particularly whether the norms for fixing seniority in the
background facts of the case were to be considered - Leave granted
Shaikh Ratiq and
another v State of Maharashtra
22/1/2008.
Indian Penal
Code, 1860 -
sections 302 read with section 34 - conviction under - appeal -
considering the dying declaration and the manner in which it was
recorded, court cannot rely upon the dying declaration recorded by PW 1.
Apart from this fact, there is no other evidence on record to implicate
the appellants in the incident
Vidyadhari &
others v Sukhrana Bai & others
22/1/2008.
Indian
Succession Act
- section 372 - 2 separate applications filed for obtaining succession
certificate - Merely because Sukhrana Bai was the legally wedded wife
that by itself did not entitle her to a Succession Certificate in
comparison to Vidhyadhari who all through had stayed as the wife of
Sheetaldeen, had born his four children and had claimed a Succession
Certificate on behalf children also - Leave granted
Ramesh Singh & another v Satbir Singh & another
21/1/2008.
Motor accident - compensation - multiplier
-- applicability - choice of multiplier is determined by the age of the
deceased or claimants whichever is higher. Admittedly, the age of the
father was 55 years. The question of mother's age never cropped up
because that was not the contention raised even before the Trial Court
or before this Court.- Leave granted
State of
Maharashtra v Devahari Devasingh Pawar & others
18/1/2008.
Criminal
Procedure Code, 1973 - section 197
- proceedings pending before ACJM quashed by the High Court as no
sanction as required - was there employees of the blood bank were
prosecuted under IPC and Drugs Act - HIV contaminated blood was supplied
to the Government Medical College and Hospital, Nagpur by its blood bank
and as a result, some patients who were given blood transfusion had
tested HIV positive - Leave granted
S.Raju v C.
Sathammai
17/1/2008.
Code of Civil
Procedure - order 39
- leave to defend the suit - denial by the city Civil Court and the High
Court - appeal - the trial court and High Court have taken a rather
technical view of the matter - in the overall facts and circumstances of
the case, the petitioner ought to have at least been allowed to defend
the suit, subject to the condition of depositing a part of the
plaintiff's claim.-
Leave granted
Kunju @
Balachandran v State of Tamil Nadu16/1/2008
Indian Penal Code, 1860 - section 302 -
conviction under - appeal - it is not the number, the quantity, but the
quality that is material. The time-honoured principle is that evidence
has to be weighed and not counted. On this principle stands the edifice
of Section 134 of the Evidence Act. The test is whether the evidence has
a ring of truth, is cogent, credible and trustworthy, or otherwise - Leave granted
Gaudiya
Mission v Shobha Bose & another15/1/2008.
Testamentary case - great many questions
were involved in the
Testamentary Suit instituted by the respondent No. 1. Several issues
were framed by the trial Court and the suit was decided by a detailed
judgment entering into merits of the matter - the learned counsel
for the appellants is right in submitting that the Division Bench of the
High Court ought to have admitted the appeal. - Leave granted
Brijendra
Singh v State of M.P. & another 11/1/2008.
Adoption - Civil Procedure Code, 1908 - section 100 - challenge in this
appeal is to the judgment of the Madhya Pradesh High Court at Jabalpur
in a Second Appeal under Section 100 of the Code - the present appeal
involves a very simple issue but when the background facts are
considered it projects some highly emotional and sensitive aspects of
human life
Puran Singh
v State of Uttaranchal10/1/2008.
Indian Penal Code, 1860 - section 302 -
conviction order and sentence recorded by High Court - acquittal by
Session Court - appeal - as per Ballistic Expert's opinion, cartridge
E.C.1 was not fired from the single barrel 12 bore No. 1319 said to have
been used by the accused - therefore, the appellant accused is entitled
to benefit of doub
State of
M.P. & others v Madhukar Rao 9/1/2008.
Wild Life Protection Act, 1972 - section 50(1)(c) - Criminal Procedure
Code, 1973 - section 451 - whether a vehicle or vessel etc. seized
under Section 50(1)(c) of the Wild Life (Protection) Act, 1972 is put
beyond the power of the Magistrate to direct its release during the pendency of trial in exercise of powers under Section 451 of the Code of
Criminal Procedure, 1973
Suryalakshmi Cotton Mills Ltd. v Rajvir Industries Ltd. & others
9/1/2008.
Investigation - interference - by statutory authority - Blank cheques -
handed over for business purposes during 2000-2004 - fraudulently used -
dispute arose in 2005 - a bare perusal of Section 415 read with Section
420 of the Indian Penal Code would clearly lead to the conclusion that
fraudulent or dishonest inducement on the part of the accused must be at
the inception and not at a subsequent stage - Leave granted
M/s. Sify
Ltd. v M/s. First Flight Couriers Ltd. 8/1/2008
Civil Procedure Code - order 37 rules 2 and 3 - the appellant
company is engaged in the business of providing service in setting up of
Networks and other value added services in the field of information and
technology. The respondent company is engaged in the business of
providing Courier services. - Leave granted
Bhadrappa
(D) By Lrs. v Tolacha Naik8/1/2008.
Karnataka High Court Act - section 4 - writ appeal filed under -
dismissal - challenged - proceedings were initiated on the basis of an
application that the alienation was hit by Section 4 of Karnataka
Scheduled Castes and Schedules Tribes (Prohibition of Transfer of
Certain Lands) Act, 1978
Ramesh
Krishna Madhusudan Nayar v The State of Maharashtra 7/1/2008.
Indian Penal Code, 1860 - section 302 - applicability of - appellant
sentenced to life imprisonment - appeal - for the application of
Exception 4, it is not sufficient to show that there was a sudden
quarrel and there was no premeditation. It must further be shown that
the offender has not taken undue advantage or acted in cruel or unusual
manner. The expression undue advantage as used in the provision means
'unfair advantage' - Leave granted
Bhagwan
Dass & another v Punjab State Electricity Board 4/1/2008
Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 - section 47 - protection under -
the appellant protested against the action of the Board in relieving him
from service - Leave granted
State of
Rajasthan v Jaggu Ram 4/1/2008
Indian Penal Code, 1860 - section 304-B and 201- acquittal by High Court
- appeal - if the learned Single Judge of the High Court had adverted to
Section 106 of the Evidence Act and correctly applied the principles of
law, he would not have committed the grave error of acquitting the
respondent - the impugned judgment is set aside and the conviction of
the respondent under Section 304-B read with 201, IPC is restored. He is
sentenced to seven years rigorous imprisonment.
Kaliyamma & others v Deputy Commnr. Chitradurga
Distt. & others 3/1/2008.
Karnataka High Court Act 1979 - section 4 -
writ appeal filed under - dismissal - challenged - the stand taken before
the High Court essentially was that the land was granted under the
non-depressed class category and, therefore, the period is 12 years to
substantiate the plea about adverse possession
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