|
 Supreme
Court Judgments - February 2007 |
State of Arunachal Pradesh v Messrs Damani
Construction 28/02/2007
Arbitration and Conciliation Act, 1996 -
Respondent entered into a contract agreement with the State of Arunachal
Pradesh in Public Works - Leave granted in both
the Special Leave Petitions. |
State of Himachal Pradesh and Others v Gehar Singh
27/02/2007
Regularisation of daily wage workers -
employed on daily wage basis in the Irrigation and public Health wings
of the Himachal Pradesh Public works Department - Classified as
class III and class IV employees who are being paid minimum wages
prescribed by the Govt. - working for more than ten years- Leave granted. |
Kiran Singh v Union of India and Others
27/02/2007
Service - Post of Extra Departmental Branch
Post Master - Process of selection - Appellant got selection -
Respondent No.5 has been allowed and appointment of the appellant has
been set aside - Special leave granted. |
Food Corporation of India and Another v Ram
Kesh Yadav and Another
27/02/2007
Service - FCI, introduced a scheme for granting
compassionate appointment to dependants of departmental workers, who
died while in service or who were retired by FCI on medical grounds -
Respondent seeking compassionate appointment for his son -
Appeal Dismissed |
State of Rajasthan v Netrapal and Others
27/02/2007
Indian Penal Code, ss. 395 r/w 397, 396;
Arms Act, s. 3 r/w 25 - On appeal, the High
Court acquitted all the accused of the charges giving them benefit of
doubt in the matter of identification of the accused persons; of
recovery of articles at their instance and of identity of articles &
ornaments - Appeal Dismissed |
Share Medical Care v Union of India and Others
23/02/2007
Customs - Appellant society a Charitable
hospital imported certain medical equipment for use in hospital
- Leave granted. |
Ashok Kumar Sonkar v Union of India and Others
23/02/2007
Banaras Hindu University Act, 1915 -
Service - It is not a case where appointment was irregular. If an
appointment is irregular, the same can be regularized. The court may not
take serious note of an irregularity within the meaning of the
provisions of the Act. But if an appointment is illegal, it is non est
in the eye of law, which renders the appointment to be a nullity |
Harjit Singh and Another v
State of Punjab and Another 23/02/2007
Punjab Police Rules - Service - Misconduct
- Order of dismissal from service - punishment of compulsory Retirement
will meet the ends of justice. If otherwise eligible, the delinquents
would be entitled to retrial benefits. -
Leave granted. |
Madhya Pradesh Rajya Sahakari Bank Maryadit v
State of Madhya Pradesh & Others 22/02/2007
Madhya Pradesh Co-operative Societies Act,
1960, s. 55(1); Madhya Pradesh Rajya Sahakari Bank Employees (Terms of
Employment and working conditions was amended -
Appeal Dismissed |
Messrs Sahara India and Others v M.C. Aggarwal Huf
21/02/2007
Suit for possession, recovery of damages and mesne profit and rent @
Rs.70,664/- p.m - Non-appearance of defendants - Suit decreed
- Leave granted. |
Mayadevi
v Jagdish Prasad 21/02/2007
Hindu Marriage Act, 1955, s. 28 -
Respondent filed an application for divorce on the ground of cruelty -
The instances of cruelty highlighted by the trial Court and the High
Court clearly prove that the husband was subjected to mental and
physical cruelty. -
Leave granted. |
Julieta Antonieta Tarcato v Suleiman Ismail
20/02/2007
Special Leave Petition - Eviction petition
on basis of bonafide personal need - Allowed the Eviction Petition and
directing the
respondent to deliver/ vacant possession of the suit premises to the
appellant |
Vipin Kumar Gadhok Petitioner v Ravinder Nath
Khanna & Ors. Respondents 19/02/2007
Arbitration and Conciliation Act, 1996 -
Section 11 - appeal against the order passed by Delhi High Court in
Arbitration Application and the order rejecting the application for
review - The High Court has rightly allowed the application for
appointment of sole Arbitrator
- Leave granted. |
Ram Singh v
Sonia and Others 15/02/2007
Sonia
first woman to be hanged in independent India
Indian Penal Code, ss. 302 r/w 34, 120-B;
Criminal Procedure Code, s. 164 - conviction under -- sentenced to death
-- High Court commuted the sentence to life imprisonment - appeal -
there would be failure of justice in case death sentence is not awarded
in the present case as the same undoubtedly falls within the category of
rarest of rare cases and the High Court was not justified in commuting
death sentence into life imprisonment -- order passed by the High Court
commuting death sentence into life imprisonment is set aside and order
of the trial court awarding death sentence is restored. |
Alok Shanker Pandey v Union of India and Others
15/02/2007
Monopolies and Restrictive Trade Practices Act,
1969 - Indira Puram Housing Scheme - order passed under appeal -- it is
a clear case of deficiency of services on the part of the respondent. As
a result of such unfair trade practices, the applicant has not only been
deprived of return on his investment made with the respondent authority
but also the possession of the flat promised to him -- the Commission
directed the respondent to pay 12% per annum interest on the
installments from the dates of the payment till the date of refund. This
appeal has been filed claiming interest at a higher rate. |
Union of India and Another v Kaushalaya Devi
15/02/2007
Freedom Fighters' Pension - whether the
Freedom Fighters' Pension should be granted to the respondent from the
date of the application or the date of the order granting the pension.- Leave granted. |
Harbans Singh v State (Govt. of N.C.T. of Delhi)
15/02/2007
Prevention of Terrorism Act, 2002, ss. 3,
20, 22 - Appeal against conviction and sentence - conviction order -
that if he did, the confession could be used against them. In our
opinion Sections 32 and 52 of POTA were complied with in the present
case - the High Court has considered all submissions of the accused in
great detail in its well considered judgment and we see no reason to
interfere with the same.
- Leave granted |
State of Maharashtra and Others v Lalit
Somdatta Nagpal and Another 13/02/2007
Maharashtra
Control of Organized Crime Act, 1999 in respect of offences
alleged to have been committed under Sections 3 and 7 of the Essential
Commodities Act, 1955 - wrongly proceeded against under
the provisions of the MCOCA 1999 - allow the special leave petition -
set aside the order passed by the Bombay High Court. |
Union of India and Another v S.K.
Goel and Others 12/02/2007
Service - Seniority
- , observations of the High Court are wholly unjustified inasmuch as
the post of Commissioner of Customs and. - Civil Appeal stands allowed
and the judgment of the High Court is set aside -
Leave granted. |
N. Suriyakala v A. Mohandoss and
Others 12/02/2007
Indian Penal Code, Sec. 498A, 406; Dowry
Prohibition Act, 1961, sec. 4 - Criminal case filed under Sec. 498 A
against her husband and entire family -- this is not fit case to be
entertained in exercise of our discretion under Article 136.
The appellant has also filed a maintenance petition against her
husband. What can she possibly get by prosecuting him as well as his
family members - not inclined to interfere with the impugned Judgment of
the High Court quashing the criminal case filed by the appellant. -
Leave granted. |
Commissioner of Customs, New Customs House, Mumbai
v M/s Vishal Exports Overseas Ltd 12/02/2007
Customs Act, 1962, s. 114 - The Assistant Commissioner of Customs proceeded against the
assessee by alleging that the assessee had mis-declared the FOB value -
held that the goods were liable to be confiscated and the penalty under
Section 114 of the Customs Act was also ordered. |
Sharadamma
v Special Land Acquisition Officer and Another 09/02/2007
Land Acquisition Act, 1894 - Appellant's
land sought to be acquired for expansion of New Government Electric
Factory, Bangalore - After a preliminary notification under s. 4,
claimant demanded an amount of Rs.20.00 per square yard for the land |
Dattatray Krishnaji Ghule and
Others v State of Maharashtra and Another 09/02/2007
Maharashtra Control of Organized Crime Act, 1999, ss. 3(1)(ii), 3(2),
3(3), 3(4), 34; Indian Penal Code, 1860, ss.
192, 217, 218, 263(a)
- Leave granted |
State of Uttar Pradesh and Others v M/s S.K.
Theatre Productions and Others 09/02/2007
To promote film production in the State of U.P., the State Government
constituted a Society named Film Bandhu in the year 2001 - Various
incentives were also declared to be given to the films made in regional
languages in U.P. such as Avadhi, Bhojpuri and Braj etc and were.
- Leave granted. |
Kamla Prasad and Others v Sri Krishna Kant
Pathak and Others 09/02/2007
Averred in the suit that an agreement to sell between the plaintiff and
some defendants executed in their favour and another sale deed, executed
by the plaintiff in favour of some of the defendants were null and void. |
State of Karnataka and Another v Karnataka
State Patels Sangha and Another 08/02/2007
Karnataka Village Offices Abolition Act, 1961 - Claim for ad hoc pension
or compassionate allowance - Shanbhogues were granted compassionate
allowance or ad hoc pension at the rate of Rs.100/- per month with
effect from 30.7.1979 and the same was raised to Rs.500/- per month |
Sayarabano @ Sultanabegum v State
of Maharashtra 08/02/2007
Indian Penal Code, 1860 s. 302 - Appeal against conviction and sentence
- Held, criminal cases are decided on facts and on evidence rather. |
Rajavel v Thirunavukkarasu and Others
07/02/2007
Suit for injunction - High Court in a second appeal set aside concurrent
judgments of the courts below suit for injunction decreed - High Court
had not framed the proper substantial questions of law while deciding
the appeal |
Lt.Col.V.K.
Pandey v Union of India and Others 06/02/2007
Service - Order of punishment of reprimand - Division Bench of Allahabad
High Court after considering the matter dismissed the writ petition and
held that the Court cannot sit as a court of appeal to reassess the
evidence and the findings of fact recorded by the Army authorities... |
Union of
India and Another v F.H. Dubash 06/02/2007
Service - promotion -- eligibility - the
appellants call in question legality of the judgment rendered by a
Division Bench of the Delhi High Court allowing the writ petition filed
by the respondent and holding that the respondent was eligible for
promotion to the rank of Rear Admiral - the order of the High Court is
challenged on the ground that the High Court has completely lost sight
of the requirements of Navy Order 4/99
-
Leave granted. |
Indu Bhushan v Munna Lal and Another
02/02/2007
Code of Civil Procedure, 1908, O. 41 r. 21
- Suit for specific performance of the contract - Application filed by
the appellant for restoration of the appeal dismissed - Appeal against -
Leave granted |
M/s Gomzi Active v M/s Reebok India Company and Another
02/02/2007
Suit seeking permanent injunction against the respondents by restraining
them from using their product logo/trade mark "I am what I am"
and for payment of damages and for rendition of accounts. -
Leave granted. |
Commissioner of Customs (Port), Kolkata v Messrs J.K Corporation Limited
02/02/2007
Customs Act, 1962 - customs duty - payment
- determination - whether customs duty would be payable on the purchase
price of the goods by adding the value of licence and technical know
how, etc. to the value of the imported goods. |
Janardhanam
Prasad v Ramdas 02/02/2007
Specific Relief Act - Suit for specific
performance of contract - Appeal against decree of specific contract |
Hardev
Singh v Gurmail Singh (Dead) By Lrs 02/02/2007
Transfer Of Property Act, 1882 -
Interpretation of s. 43 - Suit for declaration pending - Respondent
purchased the property - Doctrine of lis pendens - High Court held that
s. 43 would applicable |
M/s Puravankara Projects Limited v M/s Hotel Venus International and
Others 02/02/2007
Kerala Land Reforms Act, 1963, s. 81(3)(b) -
challenge in these appeals is to the judgment of a Division Bench of the
Kerala High Court holding that the order of cancellation dated 13.4.2005
passed by respondent No.2 was illegal and that respondent No.1 was
entitled to further time to furnish the bank guarantee after the order
granting exemption in terms of Section 81(3)(b) of the Kerala Land
Reforms Act, 1963. |
Amey Co-Op.Housing Society Limited & Others v
Public Concern For Governance Trust & Others 01/02/2007
Maharashtra Regional and Town Planning Act, 1966
- allotment and disposal in violation of the existing regulations
in Navi Mumbai -- special leave petitions - the State Government is
directed to cause a fresh valuation of all the plots in question as on
the date on which the allotments were made, with notice to the
petitioner and the respondent-co-operative societies. |
State Bank of India and Others v Aspal Kaur
01/02/2007
Service - Appointment of dependents of
deceased employees on compassionate grounds - case of the respondent
considered and the Bank declined the application of the respondent in
view of the financial position of the family. - Leave granted |
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