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NAJABHAI DESURBHAI WAGH Vs. VALERABHAI DEGANBHAI VAGH & ORS.

1/2/2017   View PDF PDF   View Text  Text

- Indian Penal Code, Sections 149 and 34 - Criminal Procedure Code, 1973, Section 357. - All accused convicted and sentenced to life imprisonment and a penalty of Rs.5,000/ -Held, the offence under Section 326 read with Section 149 can be recorded against members of an unlawful assembly even if it is established that the offence under Section 302 was committed by one member of such assembly. Appeal partly allowed.

S.A. BOBDE, L. NAGESWARA RAO

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UMARMIA ALIAS MAMUMIA Vs. STATE OF GUJARAT

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- Constitution of India, 1950 Article 21 Speedy trial - Accused has a right of speedy trial - Delay in criminal trial is violation of the right guaranteed to an accused under Article 21 of the Constitution of India - 1994 (3) R.C.R (Criminal) 639, 1996 (2) SCC 616 Relied. - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20 (8) - Criminal Procedure Code, Section 439 - Indian Penal Code, Section 121, 121A, 122, 123, 124B r/w 34 - Arms Act, Section 25 (1A), (1B) and 25(1AA) - Explosives Act, Sections 9-B. - Criminal Procedure Code, 1973 Section 439 Terrorist and Disruptive Activities (Prevention) Act, 1987, Sections 3, 4 and 5 - Grant of bail in an offence under TADA - Accused released on bail though accused is involved in serious offences and has absconded for a period of 10 years before he was arrested in 2004, there is no reason to confine him to jail as he has already suffered more than 12 years in custody and the trial may not be completed in the near future.

S.A. BOBDE, L. NAGESWARA RAO

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BITHIKA MAZUMDAR AND ANR. Vs. SAGAR PAL AND ORS

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- Civil Procedure Code, Section 115 - Motor Vehicle Act, 1988. - Driver fled away from the place of accident rather than helping the injured. The victim died on the spot due to the said accident. - Held, the High Court should have kept in mind that deceased was the only earning member, died in the said accident and appellants are the widow and minor daughter of the deceased. In a case like this, the High Court should have considered the revisional application on merits rather than dismissing the same on the ground of delay. Compensation of Rs. 8 Lakh with interest awarded.

A.K. SIKRI, R.K. AGRAWAL

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STATE OF BIHAR & ORS. Vs. RAMESH PRASAD VERMA (DEAD)THR. LRS.

31/1/2017   View PDF PDF   View Text  Text

- Bihar Minor Mineral Concession (Amendment) Rules, 2001 - Bihar Minor Mineral Concession Rules, 1972. - Held, any legislation or instrument having the force of law, if clarificatory, declaratory or explanatory in nature and purport, in order to supply an obvious omission or to clear up doubts qua any prior law, retrospective operation thereof is generally intended.

ARUN MISHRA, AMITAVA ROY

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AJAY KR. GHOSHAL ETC Vs. STATE OF BIHAR

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- Sections 302, 304B, 201, 498A, 120B IPC and Sections 3 and 4 of Dowry Prohibition Act. - Trial court passed conviction Judgement on merits.High Court ordered retrial. - Held, the word retrial used under Section 386(b)(i) Cr.P.C., the powers conferred by this clause is to be exercised only in exceptional cases. A de novo trial should be the last resort and that too only when such a course becomes so desperately indispensable. High Court asked to consider Appeals afresh.

DIPAK MISRA, R. BANUMATHI

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JAGDAMBA DEVI Vs. UNION OF INDIA AND ORS.

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- Swatantrata Sainik Samman Pension Scheme, 1980, Clause 3(b). - State Governments recommendation for pension was based only on the basis of 13 day detention in Jail during Freedom Struggle, whereas a minimum of 6 moths was required. The Central Government vide order dated rejected the appellants claim on the ground that the statutory mandate of serving minimum six months in detention was not fulfilled in the case of the deceased. - High Court declined appellants claim of dependent family pension under above Scheme. - Held, High Court, has rightly held that the Central Government was well within its power to hold that Hari Kant Jha was ineligible to seek pension under the Swatantrata Sainik Samman Pension Scheme, 1980.

DIPAK MISRA, R. BANUMATHI

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MRS IVY C.DA. CONCEICAO Vs. STATE OF GOA & ORS.

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- Goa School Education Act, 1984 - Goa School Education Rules 1986 - Kerala University Act, 1974, Section 57(3) - Constitution of India, Article 30. - Issue is whether the process of appointment of a principal in minority institution is open to judicial review and on what grounds. - Held, under the constitutional scheme, a minority institution is free to select and appoint a principal, without being bound by the principle of seniority alone, whether the appointment has been made fairly and reasonably and whether there is violation of right of an individual eligible candidate by the minority institution by not adopting fair procedure, is liable to be tested in exercise of power of judicial review under Article 226 of the Constitution. Appeal allowed. Matter remanded back.

ADARSH KUMAR GOEL, UDAY UMESH LALIT

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STATE OF HARYANA & ANR. ETC. Vs. MOHINDER SINGH & ORS. ETC.

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- Service matter. - Respondents were engaged as conductors and drivers under statutory rules, framed by the State of Haryana, under Article 309 of the Constitution of India. Were paid different salaries as some were earlier Daily Wager. - Held, statutory rules framed under Article 309 of the Constitution are unconstitutional, to the extent of payment of wages. Appeals dismissed. Arrers to be paid on parity.

JAGDISH SINGH KHEHAR, D.Y. CHANDRACHUD

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STATE OF HARYANA & ANR. ETC. Vs. MOHINDER SINGH & ORS. ETC.

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- Service matter. - Respondents were engaged as conductors and drivers under statutory rules, framed by the State of Haryana, under Article 309 of the Constitution of India. Were paid different salaries as some were earlier Daily Wager. - Held, statutory rules framed under Article 309 of the Constitution are unconstitutional, to the extent of payment of wages. Appeals dismissed. Arrears to be paid on parity.

JAGDISH SINGH KHEHAR, D.Y. CHANDRACHUD

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GEN.MANAGER,APGENCO Vs. P.RAM BABU & ORS.

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- Labour matter. Contract Labour. - Issue is Whether the petitioners are working as contract labourers in the prohibited categories of employment. -Held, the respondent-workmen have been working in the prohibited categories of employment and that in terms of the guidelines framed by the appellant they are entitled for absorption.

KURIAN JOSEPH, A.M. KHANWILKAR

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ISHWAR YADAV PATIL Vs. STATE OF MAHARASHTRA

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- Appellant was convicted under Section 302 read with Section 34 IPC. - Held, High Court has rightly sustained the conviction on merits. Appeal dismissed.

KURIAN JOSEPH, A.M. KHANWILKAR

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ISHWAR YADAV PATIL Vs. STATE OF MAHARASHTRA

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- Appellant was convicted under Section 302 read with Section 34 IPC. - Held, Convict last seen with deceased and was seen running away from the spot where dead body was found. High Court has rightly sustained the conviction on merits. Appeal dismissed.

KURIAN JOSEPH, A.M. KHANWILKAR

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CENTRAL BANK OF INDIA Vs. HUSAINY FAKHRUDDIN & ORS

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- Issue of release of Money seized by CBI during investigation. - Held, as CBI now has no objection to the release of the same, petition disposed.

KURIAN JOSEPH, A.M. KHANWILKAR

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R.ELAVAZHAGAN @ BABU Vs. PANKAJAM VILWANATHAN & ORS.

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- Criminal Matters - Criminal Matters Relating To Bail/interim Bail/anticipary Bail and Against Suspension of Sentence. - Held, appellant shall cooperate with the investigation and in case, there is non-cooperation on the part of the appellant, it will be open to the Investigating Officer to seek for cancellation of the regular bail.

KURIAN JOSEPH, A.M. KHANWILKAR

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HARYANA URBAN DEV. AUTHORITY & ORS. Vs. ORCHID INFRASTRUCTURE DEVELOPERS P.LTD.

27/1/2017   View PDF PDF   View Text  Text

- Haryana Urban Development Authority Act, 1977, Section 15(2) - Specific Relief Act, Section 41(h). - Held, rejection of seven different bids in the auction reflects that there was due application of mind by the concerned authority and rejection could not be said to be illegal, arbitrary or sans of reason. The appeal is allowed. Costs of Rs.5 lakhs is imposed on the plaintiff/respondent to be deposited as : Rs.2.5 lakhs in the Advocates Welfare Fund and Rs.2.5 lakhs in the Supreme Court Employees Welfare Fund.

ARUN MISHRA, AMITAVA ROY

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GANGA RAM SAH & ORS. Vs. STATE OF BIHAR

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- Indian Penal Code, 1860, Sections 147, 148, 149, 307, 302, 325, 332 - Arms Act, 1959, Sections 25A/26. - Held, the common object of the unlawful assembly has to be inferred from the membership, the weapons used and the nature of the injuries as well as other surrounding circumstances. Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted. Convictions upheld. Appeal dismissed.

A.K. SIKRI, R.K. AGRAWAL

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UNION OF INDIA & ORS. Vs. M. SELVAKUMAR & ANR.

24/1/2017   View PDF PDF   View Text  Text

- Civil Services Examination as per All India Services Act, 1951 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 32. - Held. the decision of GOI is aimed at improving access and increase the representation of the physically challenged persons. The decision of the Government to give 7 attempts to physically challenged persons belonging to General Category, as against existing 4 attempts reflects the policy of the Government and the said policy statement in no manner helps the respondent in the present case.

RANJAN GOGOI, ASHOK BHUSHAN

24/1/2017   View PDF PDF   View Text  Text

 

ASHA BHIKANRAO SONEWANE Vs. STATE OF MAHARASHTRA AND ORS.

24/1/2017   View PDF PDF   View Text  Text

- Appeals have been filed challenging the judgments of Madras High Court and Delhi High Court allowing the writ petitions filed by Physically Handicapped candidates belonging to Other Backward Classes (OBC), claiming that they are entitled to avail 10 attempts instead of 7 attempts in the Civil Services Examination. - Held, The decision to improve access and increase the representation of the physically challenged persons of GOI. Appeals allowed.

RANJAN GOGOI, ASHOK BHUSHAN

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KULDEEP SINGH PATHANIA Vs. BIKRAM SINGH JARYAL

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- Section 81, 82, 86, 100 and 117 of Representation of the People Act, 1951 - Civil Procedure Code, Order VII Rule 11(a). - Held, since the scope of the enquiry at that stage has to be limited only to the pleadings of the plaintiff, neither the written statement nor the averments, if any, filed by the opposite party for rejection under Order VII Rule 11(a) of the Code or any other pleadings of the respondents can be considered for that purpose.

KURIAN JOSEPH, A.M. KHANWILKAR

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RISHABH CHOUDHARY Vs. UNION OF INDIA AND ORS.

23/1/2017   View PDF PDF   View Text  Text

- Constitution of India, Article 32 - Medical admission matters. - Held, students like the petitioner who did not participate in NEET and placed their trust only in the College and the State of Chhattisgarh took a gamble and that gamble has unfortunately not succeeded.

MADAN B. LOKUR, PRAFULLA C. PANT

23/1/2017   View PDF PDF   View Text  Text

 
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