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state of punjab

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Service Matter – Whether the petitioners, whose names were included in the select list prepared for recruitment to Punjab Civil Service (Judicial Branch) are entitled to be appointed against the posts which became available due to the resignation of two of the appointees and the unfilled posts of reserved categories is the question which arises for consideration in these petitions filed under Article 32 of the Constitution.= once the appointments are made against the advertised posts, the select list gets exhausted and those who are placed below the last appointee cannot claim appointment against the posts which subsequently become available. = “At the outset it should be noticed that the select list prepared by APSC could be used to fill the notified vacancies and not future vacancies. If the requisition and advertisement was only for 27 posts, the State cannot appoint more than the number of posts advertised, even though APSC had prepared a select list of 64 candidates. The select list got exhausted when all the 27 posts were filled. Thereafter, the candidates below the 27 appointed candidates have no right to claim appointment to any vacancy in regard to which selection was not held. The fact that evidently and admittedly the names of the appellants appeared in the select list dated 17-7-2000 below the persons who have been appointed on merit against the said 27 vacancies, and as such they could not have been appointed in excess of the number of posts advertised as the currency of select list had expired as soon as the number of posts advertised are filled up, therefore, appointments beyond the number of posts advertised would amount to filling up future vacancies meant for direct candidates in violation of quota rules. Therefore, the appellants are not entitled to claim any relief for themselves. The question that remains for consideration is whether there is any ground for challenging the regularisation of the private respondents.” In view of the above noted legal position, the decision taken by the High Court not to enter the petitioners name in the register to facilitate their appointment against the de-reserved posts or the posts vacated by the general category candidates cannot be faulted, more so because the State Government had already approved fresh recruitment and the Commission issued advertisement for 71 posts including 6 reserved category posts. In the result, the writ petitions are dismissed.

published in http://judis.nic.in/supremecourt/filename=40643 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 73 OF 2013 Raj Rishi Mehra and others …Petitioners versus State of Punjab and another …Respondents WITH WRIT PETITION (CIVIL) NO. 77 OF 2013 O R D E R Whether the petitioners, whose names were included in the select … Continue reading

Appointment of Special police officers from ex-service men = whether this court can compel the State of Punjab to create posts and absorb the appellants into the services of the State on a permanent basis consistent with the Constitution Bench decision of this court in Umadevi’s case. = The appellants herein assert that all the appellants are ex- servicemen and registered with the employment exchange. They were recruited as Special Police Officers.[2] = i) That it will not be possible to provide police guard to banks unless the Banks were willing to pay for the same and additional force could be arranged on that basis, it was decided that police guards should be requisitioned by the Banks for their biggest branches located at the Distt. and Sub Divisional towns. They should place the requisition with the Distt. SSPs endorsing a copy of IG CID. In the requisition, they should clearly state that the costs of guard would be met by them. It will then be for the police department to get additional force sanctioned. This task should be done on a top priority. In the meantime depending upon the urgency of the need of any particular branch, police Deptt. may provide from police strength for its protection. ii) For all other branches guards will be provided by Distt. SSP after selecting suitable ex-servicemen or other able bodied persons who will be appointed as Special Police Officer in terms of Section 17 of the Police Act. Preference may be given to persons who may already be in possession of licence weapons. All persons appointed as SPO for this purpose will be given a brief training for about 7 days in the Police Lines in the handling of weapons taking suitable position for protection of branches. These SPOs will work under the discipline and control and as per Police Act, they will have the same powers, privileges and protection and shall be amenable to same penalty as an ordinary police personnel.”= The other factor which the State is required to keep in mind while creating or abolishing posts is the financial implications involved in such a decision. The creation of posts necessarily means additional financial burden on the exchequer of the State. Depending upon the priorities of the State, the allocation of the finances is no doubt exclusively within the domain of the Legislature. However in the instant case creation of new posts would not create any additional financial burden to the State as the various banks at whose disposal the services of each of the appellants is made available have agreed to bear the burden. If absorbing the appellants into the services of the State and providing benefits at par with the police officers of similar rank employed by the State results in further financial commitment it is always open for the State to demand the banks to meet such additional burden. Apparently no such demand has ever been made by the State. The result is – the various banks which avail the services of these appellants enjoy the supply of cheap labour over a period of decades. It is also pertinent to notice that these banks are public sector banks. We are of the opinion that neither the Government of Punjab nor these public sector banks can continue such a practice consistent with their obligation to function in accordance with the Constitution. Umadevi’s judgment cannot become a licence for exploitation by the State and its instrumentalities. For all the abovementioned reasons, we are of the opinion that the appellants are entitled to be absorbed in the services of the State. The appeals are accordingly allowed. The judgments under appeal are set aside. We direct the State of Punjab to regularise the services of the appellants by creating necessary posts within a period of three months from today. Upon such regularisation, the appellants would be entitled to all the benefits of services attached to the post which are similar in nature already in the cadre of the police services of the State. We are of the opinion that the appellants are entitled to the costs throughout. In the circumstances, we quantify the costs to Rs.10,000/- to be paid to each of the appellants.

published in       http://judis.nic.in/supremecourt/imgst.aspx?filename=40625   Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1059 OF 2005 Nihal Singh & Others …Appellants Versus State of Punjab & Others …Respondents WITH CIVIL APPEAL NO. 6315 OF 2013 [Arising out of SLP (Civil) No. 12448 of 2009) Bhupinder Singh & Others …Appellants Versus … Continue reading

the linguistic minority status = Dayanand Anglo Vedic (DAV) College Trust and Management Society has challenged the order dated 24.2.2010 passed by a Division Bench of the Bombay High Court in Writ Petition No.1053 of 2010. By the said order, the Division Bench dismissed the writ petition and refused to interfere with the order dated 26.10.2009 passed by respondent No.2 (The Principal Secretary and Competent Authority, Minority Development Department, Government of Maharashtra) withdrawing the linguistic minority status of the appellant institution which was earlier granted by order dated 11.7.2008.= in order to claim minority/linguistic status for an institution in any State, the authorities must be satisfied firstly that the institution has been established by the persons who are minority in such State; and, secondly, the right of administration of the said minority linguistic institution is also vested in those persons who are minority in such State. The right conferred by Article 30 of the Constitution cannot be interpreted as if irrespective of the persons who established the institution in the State for the benefit of persons who are minority, any person, be it non-minority in other place, can administer and run such institution. In our considered opinion, therefore, the order passed by the respondent-Authority and the impugned order passed by the Division Bench need no interference by this Court. We, therefore, do not find any merit in this appeal which is accordingly dismissed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2678 OF 2013 (Arising out of SLP (C ) No.22430 of 2010) Dayanand Anglo Vedic (DAV) College Trust and Management Society …..Appellant(s) Versus State of Maharashtra & Anr. ….Respondent(s) J U D G M E N T M.Y. EQBAL, J. Leave … Continue reading

REFERRED TO CONSTITUTIONAL BENCH =whether under Section 154 Cr.P.C., a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary enquiry before registering the FIR. 110. Learned counsel appearing for the Union of India and different States have expressed totally divergent views even before this Court. This Court also 8

REPORTABLE IN THE SUPREME COURT OF INDIA   CRIMINAL ORIGINAL JURISDICTION   WRIT PETITION (CRIMINAL) NO.68 OF 2008   Lalita Kumari …Petitioner   Versus   Government of U.P. & Others …Respondents   WITH   CRIMINAL APPEAL NO.1410 OF 2011   Samshudheen …Appellant   Versus   State, Represented by Dy. Superintendent of Police Tamil Nadu …Respondent … Continue reading

provisions of Section 482 Cr.P.C can be invoked in stead of filing of second revision petition, in case, there is apparent injustice. Thus, the facts of the present case do not warrant any interference under Section 482 Cr.P.C being a second revision under the garb of Section 482 Cr.P.C. If it was CRM No. M 37269 of 2010 11 permitted, then every petition facing the bar under Section 397(3) could be challenged under Section 482 Cr.P.C. Thus, the present petition is neither maintainable nor is there any merit in the same. Accordingly, the present petition is dismissed on both counts i.e. on the question of maintainability as well as on merits.

CRMNo. M 37269 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH — CRM No. M 37269 of 2010 Date of decision: 25.05.2011 Maghar Singh and another …….. Petitioners Versus State of Punjab and others …….Respondent(s) Coram: Hon’ble Ms Justice Nirmaljit Kaur -.- Present: Mr. T S Sangha, Senior Advocate with … Continue reading

This Court declares that Section 27(3) of Arms Act, 1959 is ultra vires the Constitution and is declared void.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.117 OF 2006 State of Punjab …..Appellant(s) – Versus – Dalbir Singh ….Respondent(s) J U D G M E N T GANGULY, J. 1. This appeal at the instance of the State has been preferred from the judgment of the Division Bench of … Continue reading

rash and negligent driving = “1. When automobiles have become death traps any leniency shown to drivers who are found guilty of rash driving would be at the risk of further escalation of road accidents. All those who are manning the steering of automobiles, particularly professional drivers, must be kept under constant reminders of their duty to adopt utmost care and also of the consequences befalling them in cases of dereliction. One of the most effective ways of keeping such drivers under mental vigil is to maintain a deterrent element in the sentencing sphere. Any latitude shown to them in that sphere would tempt them to make driving frivolous and a frolic. 13. Bearing in mind the galloping trend in road accidents in India and the devastating consequences visiting the victims and their families, criminal courts cannot treat the nature of the offence under Section 304-A IPC as attracting the benevolent provisions of Section 4 of the Probation of Offenders Act.

REPORTABLE   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 47-48 OF 2012 (Arising out of S.L.P. (Crl.) No. 7872-7873 of 2010)   State of Punjab …. Appellant(s)   Versus   Balwinder Singh and Ors. …. Respondent(s)   J U D G M E N T P.Sathasivam,J. 1) Leave granted.   … Continue reading

LAND ACQUISITION CASE = the market value of the land acquired in the present case has to be determined on the basis of its potentiality for urban development and not on the basis of the revenue or agricultural classification of the land as done by the Collector because the land acquired in the present case had a great potential value for urban purposes, i.e. commercial, industrial and residential.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 3033 OF 2008 National Fertilizers Ltd. … Appellant Versus Jagga Singh (Deceased) through L.Rs. & Anr. … Respondents WITH CIVIL APPEAL Nos. 3095 OF 2008, 3114 OF 2008, 3105 OF 2008, 3102 OF 2008, 3101 OF 2008, 3099 OF 2008, 3112 OF … Continue reading

Code of Criminal Procedure, 1973 – s. 482 – FIR – Quashing of – FIR against husband and his parents u/s.406/420 IPC alleging dowry demand and misappropriation of dowry articles – Application u/s 482 Cr.P.C. – Dismissal of, by High Court – Held: Not correct – Parties were living in Canada – FIR was lodged in Jalandhar and offence, if any, was committed in Canada – Alleged demand was made after period of five years from marriage – Offence for criminal breach of trust and/or cheating not made out – Allegation in FIR have been made with an ulterior motive to harass the applicants – Continuance of criminal proceedings would amount to abuse of process of Court – Thus, order of High Court set aside – Penal Code, 1860 – s. 406/420. The question which arose or consideration was whether High Court was justified in dismissing an application praying for quashing FIR u/s. 406/420 IPC in exercise of its jurisdiction u/s. 482 Cr.P.C. =Allowing the appeal, the Court HELD: 1.1 Parties were married in May 2000. Parties admittedly live at Ontario in Canada. Disputes between the parties arose for the first time in the year 2003. Respondent no.3-wife, however, on an application filed by appellant no.1-husband apprehending danger to his life, categorically admitted her fault and guilt. Even at that point of time no allegations of cheating and/or non-return of the Stridhan were made. It is only after a period of three years when the disputes and differences between the parties wrecked up once again and on filing of an application for divorce, the father of the respondent No.3 came from Canada to Jalandhar to lodge FIR. Offence, if any, had been committed in Canada. FIR, however, has been lodged at Jalandhar only after the divorce application was filed. No allegation has been made in the FIR that appellants at the time of marriage or thereafter demanded any dowry. The demand of a sum of Rs.5 lakhs allegedly was made only in Canada and that too after the appellant nos. 2 and 3 arrived in Canada in March 2006, i.e., almost after a period of five years from the date of marriage. The Superintendent of Police recommended `cancellation’ of the FIR for one reason or the other. However, the said recommendation had not been accepted. A charge-sheet has been filed. [Paras 8 and 10] [573-B-D; 577-A-C] 1.2 The facts pleaded in the application for quashing of FIR before the High Court are not denied or disputed. In fact, most of the documents relied on by the appellant are annexed to the counter affidavit filed on behalf of the respondent No.3 herself. Therefore, any document which the appellant intends to place by way of defence is not to be considered. It is also not a case where this court has to undertake a difficult task of appreciating the evidence brought on record by the parties. [Para 10] [577- C-D] 1.3 The Submission that the marriage between the appellant no.1 and respondent No.3 was solemnized only for the purpose of getting the family settled at Canada is far fetched. For the purpose of constituting an offence for criminal breach of trust and/or cheating, the ingredients thereof as contained in ss. 405 and 415 respectively must be borne out from the records. [Para 10] [577-E-F] 1.4 For the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation. Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in absence of a culpable intention at the time of making initial promise being absent, no offence under section 420 IPC can be said to have been made out. One of the ingredients of cheating as defined in section 415 IPC is existence of an intention of making initial promise or existence thereof from the very beginning of formation of contract.[Paras 12 and 13] [578-G-H; 579-A-B] Ajay Mitra v. State of M.P. 2003 (3) SCC 11; Hira Lal Hari Lal Bhagwati v. CBI 2003 (5) SCC 257; Indian Oil Corporation v. NEPC India Ltd. & Ors. 2006 (6) SCC 736; Vir Prakash Sharma v. Anil Kumar Agarwal 2007 (7) SCC 373; All Cargo Movers (I) Pvt. Ltd. v. Dhanesh Bardarmal Jain & Anr. 2007 (12) SCALE 391; Sharon Michael & Ors. vs. State of Tamil Nadu & Anr. 2009 (1) SCALE 627 – referred to 1.5 The element of wrongful intention should ordinarily exist from the inception of the contract. FIR does not satisfy the aforementioned test. So far as the allegation in regard to criminal breach of trust is concerned, it related to the dowry articles. No allegation has been made that the appellants are guilty of commission of offence punishable under Section 3 and/or 4 of the Dowry Prohibition Act. If any dowry has been given, the same would attract the provisions of the special act in preference to the general statute. Furthermore, if any article is given by way of dowry, the question of entrustment thereof for or on behalf of the bride would not arise. [Para 14] [582-H; 583-A-B] 1.6 Allegations made in the FIR merely disclose that at the time of leaving the house, appellants had taken with them certain articles. The said articles ought to be in lawful possession of the respondent No.3. The offence of theft might have been committed. But when they are in joint possession, even no offence of theft would also be made out. Furthermore, the larger part of offence, if any, has been committed only in Canada. Why the father of respondent No. 3 had to come from Canada to Jalandhar to lodge an FIR is difficult to comprehend. Respondent no.3 and the first informant do not say that the inquiry report submitted by the Superintendent of Police on the representation made by the appellant No.2 was incorrect. It has also not been stated that as to on what material, the charge-sheet had been submitted. In the peculiar facts and circumstances of this case, there is absolutely no doubt that the allegations contained in the FIR had been made with an ulterior motive to harass the appellants. Continuance of the criminal proceeding against them would, therefore, amount to abuse of process of the court.[Para 14] [583-C-F] 1.7 Upon taking a holistic view of the matter vis-a-vis the statutory provisions, the appellants had made out an exceptional case to invoke the inherent jurisdiction of the High Court under section 482 of the Code. It was obligatory on the part of the High Court to exercise its discretionary jurisdiction to prevent the abuse of process of the court. Thus, the judgment and order of High Court is set aside. [Paras 15 and 16] [584-F-G] All Cargo Movers (I) Pvt. Ltd. v. Dhanesh Badarmal Jain & Anr.2007 (12) SCALE 391; V.Y. Jose & Anr. vs. State of Gujarat & Anr. 2008 (16) SCALE 167; Hira Lal & Ors. vs. State of U.P. & Ors. 2009 (5) SCALE 418; State of Karnataka v. M. Devendrappa 2002 (3) SCC 89; R Kalyani vs. Janak C. Mehta & Ors. 2009 (1) SCC 516; State of Haryana & Ors. vs. Bhajan Lal 1992 Supp (1) SCC 335 – referred to Case Law Reference 2002 (3) SCC 89 Referred to Para 9 2009 (1) SCC 516 Referred to Para 9 1992 Supp (1) SCC 335 Referred to Para 9 2003 (3) SCC 11 Referred to Para 13 2003 (5) SCC 257 Referred to Para 13 2006 (6) SCC 736 Referred to Para 13 2007 (7) SCC 373 Referred to Para 13 2007 (12) SCALE 391 Referred to Para 13 2009 (1) SCALE 627 Referred to Para 13 2007 (12) SCALE 391 Referred to Para 14 2008 (16) SCALE 167 Referred to Para 14 2009 (5) SCALE 418 Referred to Para 14 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 908 of 2009 From the Judgement and Order dated 13.12.2007 of the Hon’ble High Court of Punjab & Haryana at Chandigarh in Crl. Misc. No. M-40020 of 2007. Rajiv K. Gupta (For Annam D.N. Rao), for the Appellant. Vineet Dhandra, J.P. Dhanda, Gagan Deep Sharma (for Ajay Pal Kuldip Singh), for the Respondent.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 908 OF 2009 [Arising out of SLP (Criminal) No. 1793 of 2008] HARMANPREET SINGH AHLUWALIA & ORS. … APPELLANTS Versus STATE OF PUNJAB & ORS. … RESPONDENTS JUDGMENT S.B. SINHA, J. 1. Leave granted. 2. Appellants are before us aggrieved by and … Continue reading

Murder case – dying declaration of victim -The fact that the incident occurred on 28.7.2003 and Kamini Verma eventually died on 1.8.2003, i.e., 4 days after the recording of the dying declaration also shows that she could certainly have been fit to make her dying declaration on 28.7.2003. Her fitness was actually recorded on the dying declaration by Dr. D.P. Dogra PW11. A number of prosecution witnesses reveal

1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2423 OF 2009 Deepak Verma …. Appellant Versus State of Himachal Pradesh …. Respondent WITH CRIMINAL APPEAL NO.157 OF 2010 Dheeraj Verma …. Appellant Versus State of Himachal Pradesh …. Respondent J U D G M E N T JAGDISH SINGH KHEHAR, … Continue reading

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