advocatemmmohan
Madhya Pradesh
sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are set aside = Ashfaq Ahmed Quereshi & Anr. …Appellants Versus Namrata Chopra & Ors. …Respondents = judis.nic.in/supremecourt/filename=41096
sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are … Continue reading
Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Sherish Hardenia & Ors. …..Appellants Versus State of M.P. & Anr. …..Respondents = published in judis.nic.in/supremecourt/filename=41091
Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Whether it is quashing of an FIR or a Charge-Sheet, or summoning a party under Section 319, CrPC, this … Continue reading
Education – All India Institute of Medical Sciences (AIIMS) – allegations that the ALLMS is not strictly adhering to the reservation policy – Apex court dismissed the writ as there is no merits in allegations = Samta Aandolan Samiti & Anr. …..Petitioners Vs. Union of India & Ors. …..Respondents = Published in/Cited in / Reported in judis.nic.in/supremecourt/filename=41069
Education – All India Institute of Medical Sciences (AIIMS) – allegations that the ALLMS is not strictly adhering to the reservation policy – Apex court dismissed the writ as there is no merits in allegations = The petitioners have approached this Court by way of filing the present Writ Petition filed under … Continue reading
MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: = a third party can not challenge caste certificate issued and approved long back itself to wreck his vengeance = Ayaaubkhan Noorkhan Pathan … Appellant Versus The State of Maharashtra & Ors. … Respondents = published in http://judis.nic.in/supremecourt/helddis.aspx
MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: Caste certificate – Appellant given employment on the basis of a caste certificate showing that he belonged to Bhil Tadvi (Scheduled Tribe) – Validity certificate issued by Caste Scrutinity Committee – … Continue reading
Constitutional validity of grant of rebate of tax by the State Government by issuing a notification in exercise of its powers under Section 5 of Uttar Pradesh Trade Tax Act, 1948 (“the Act”, for short) = STATE OF U.P & ORS. APPELLANT(S) VERSUS JAIPRAKASH ASSOCIATES LTD RESPONDENT(S)= judis.nic.in/supremecourt/filename=40887
Constitutional validity of grant of rebate of tax by the State Government by issuing a notification in exercise of its powers under Section 5 of Uttar Pradesh Trade Tax Act, 1948 (“the Act”, for short)= whether grant of rebate of tax by the State Government by issuing a notification in exercise of its powers … Continue reading
Sec.6, 33,35,38, Art. 23,47 – A of Schedule 1-A of the Stamp Act – admissibility of a document- an agreement of sale= OMPRAKASH Vs. LAXMINARAYAN & ORS. published in judis.nic.in/supremecourt/filename=40861
Sec.6, 33,35,38, Art. 23,47 – A of Schedule 1-A of the Stamp Act – admissibility of a document- an agreement of sale with delivery of possession scribed on Rs.50/- only – admissible only on payment of stamp duty and penalty – irrespective of pleadings. In the present case, an … Continue reading
When a court not inclined to grant anticipatory bail , can not direct the lower court to grant bail on the surrender of the accused – the orders to consider the bail application on surrender and release him on it’s satisfaction of sureties submitted was misread by lower courts = On a reading of the said authoritative pronouncement and the principles that have been culled out in Savitry Agarwal there is remotely no indication that the Court of Session or the High Court can pass an order that on surrendering of the accused before the Magistrate he shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper or the superior court would impose conditions for grant of bail on such surrender. When the High Court in categorical terms has expressed the view that it is not inclined to grant anticipatory bail to the petitioner-accused it could not have issued such a direction which would tantamount to conferment of benefit by which the accused would be in a position to avoid arrest. It is in clear violation of the language employed in the statutory provision and in flagrant violation of the dictum laid down in Gurbaksh Singh Sibbia and the principles culled out in Savitri Agarwal.”= In the case at hand, though such an order was not passed by the learned single Judge, yet the order passed by him was potent enough to create enormous confusion. And it has so happened. It is the duty of the superior courts to follow the command of the statutory provisions and be guided by the precedents and issue directions which are permissible in law. We are of the convinced opinion that the observations made by the learned single Judge while dealing with second application under Section 438 CrPC was not at all warranted under any circumstance as it was neither in consonance with the language employed in Section 438 CrPC nor in accord with the established principles of law relating to grant of anticipatory bail. We may reiterate that the said order has been interpreted by this Court as an order only issuing a direction to the accused to surrender, but as we find, it has really created colossal dilemma in the mind of the learned Additional Sessions Judge. We are pained to say that passing of these kind of orders has become quite frequent and the sagacious saying, “A stitch in time saves nine” may be an apposite reminder now. We painfully part with the case by saying so. 30. The appeal is disposed of in terms of the modification in the order passed by the learned single Judge in M.Cr.C. No. 701 of 2013 and the observations made hereinabove.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40837 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1545 OF 2013 (Arising out of S.L.P. (Crl.) No. 7678 of 2013) Ranjit Singh … Appellant Versus State of M.P. and others …Respondents … Continue reading
Sanction to prosecution when necessary = whether sanction before prosecution is required from each of the competent authorities entitled to remove an accused from the offices held by him, in situations wherein the accused holds a plurality of offices. The second determination was in respect of the requirement of sanction, in situations where the accused no longer holds the office, which he is alleged to have abused/misused, for committing the offence (s) for which he is being blamed. In answer to the first query, it has unambiguously been concluded, that if an accused holds a plurality of offices, each one of which makes him a public servant, sanction is essential only at the hands of the competent authority (entitled to remove him from service) of the office which he had allegedly misused. This leads to the clear inference, that other public offices held by the accused wherein an accused holds a plurality of offices, are irrelevant for purposes of obtaining sanction prior to prosecution. On the second issue it was concluded, that sanction was essential only if, at the time of taking cognizance, the accused was still holding the public office which he had allegedly abused. If the legal position determined in the above judgments is taken into consideration, there is certainly no doubt, that in the facts and circumstances of this case, sanction if required, ought to have been obtained from the Governor of the State of Madhya Pradesh. The instant determination is premised on the fact, that the appellant is stated to have misused his position while discharging his responsibilities as a nominee Director of the MPSIDC. It is clear to us, specially from the deliberation recorded hereinabove, that the appellant’s participation in the Cabinet Review Meeting dated 28.1.1994, and in the relevant meetings of the Board of Directors (of the MPSIDC) had no nexus to the post of Industries Commissioner, Government of Madhya Pradesh, or the subsequent office held by him as Joint Secretary, Department of Heavy Industries, Government of India. Accordingly, in our considered view, sanction of the authorities with reference to the post of Industries Commissioner, Government of Madhya Pradesh and Joint Secretary, Department of Heavy Industries, Government of India held by the appellant, was certainly not required. We therefore, hereby reject the submission advanced at the hands of the learned counsel for the appellant, that since the appellant continued to hold the above-mentioned public office(s) in his capacity as a member of the IAS cadre, at the time the first charge sheet was filed on 24.9.2007, prosecution could be proceeded with, and cognizance taken, only upon sanction by the competent authority(ies) of the said two offices (Industries Commissioner, Government of Madhya Pradesh and Joint Secretary, Department of Heavy Industries, Government of India), as wholly misconceived.= We are of the view, that the last contention advanced at the hands of the learned counsel for the appellant is a mixed question of fact and law.- whether the accused is guilty of the accusation levelled against him. Therefore, it is neither proper nor possible for us to deal with the last contention advanced at the hands of the learned counsel for the appellant, at the present juncture.= we find no merit in the instant appeals. The same are accordingly hereby dismissed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40781 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1454 OF 2013 (Arising out of SLP (Crl.) No.61 of 2012) Ajoy Acharya … Appellant Versus State Bureau of Inv. against Eco. Offence … Respondent With CRIMINAL APPEAL NO.1455 OF 2013 (Arising out of SLP (Crl.) No. 400 of 2012) J … Continue reading
The medical evidence also to a large extent confirmed that the deceased Radha Bai was raped prior to the suicide committed by her. = The appellant, who was initially charged under Section 306 and 376(2)(f) IPC, was convicted by the trial Court only for the offence under Section 376(1) IPC and was imposed with the punishment of 10 years rigorous imprisonment, along with the fine of Rs.500/- and in default of the payment of fine to undergo one more year’s rigorous imprisonment.= Having regard to our above conclusion, we do not find any merit in the appeal. The appeal fails and the same is dismissed.
reported in http://judis.nic.in/supremecourt/imgst.aspx?filename=40590 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2260 OF 2009 KAILASH …APPELLANT VERSUS STATE OF M.P. …RESPONDENT J U D G M E N T FAKKIR MOHAMED IBRAHIM KALIFULLA, J. 1. This appeal by the sole accused is directed against the … Continue reading
Or. 40, rule 1 CPC – Appointment of interim receiver is not maintainable as the petitioner received the amount from the respondent to put a stop to the litigation and on the other hand the respondent is in possession of property = during the pendency of these proceedings, the second respondent sold the property in favour of respondent nos. 4 and 5 by sale deed dated 11.07.2006. It appears that the Sub-Registrar on inspection of the disputed plot found that there were two constructed duplex and two more near completion as on the date of inspection i.e. on 13.03.2007 of which one was occupied by respondent no.4.= It must be remembered that the instant proceedings arise out of the interlocutory proceedings seeking appointment of the receiver at the instance of the petitioner herein. Having regard to the fact that respondent no.4 was in possession of the property in dispute at least since 13.03.2007 admittedly and also having regard to the fact that the petitioner received an amount of Rs.6,50,000/- we do not see any justification for the appointment of the receiver. We see no reason to interfere with the judgment under appeal. We accordingly dismiss the special leave petition.
PUBLISHED IN http://judis.nic.in/supremecourt/imgst.aspx?filename=40573 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(C) NO. 13255 OF 2012 Satya Pal Anand …Petitioner Versus Punjabi Housing Co-operative Society & Others …Respondents J U D G M E N T Chelameswar, J. 1. This petition arises out of the final judgment and order dated 03.08.2011 … Continue reading
advocatemmmohan 