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Supreme Court India

This tag is associated with 199 posts

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

Code of Criminal Procedure, 1973 – s.239 – Ambit of – Approach to be adopted by the Court while exercising the powers vested in it u/s.239 CrPC – Discussed – Matrimonial case – Allegations of harassment for dowry and mental and physical torture by wife against husband (appellant no.3) and parents-in-law (appellant nos.1 and 2) – Cognizance by Court u/s.498A – Application by appellants for discharge u/s.239 CrPC – Dismissed by trial Court – Justification of – Held: Justified = The case at hand being a warrant case is governed by Section 239 Cr.P.C. for purposes of determining whether the accused or any one of them deserved to be discharged. A plain reading of Section 239 CrPC would show that the Court trying the case can direct discharge only for reasons to be recorded by it and only if it considers the charge against the accused to be groundless. It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out.- It is well-settled that at the stage of framing of charge the defence of the accused cannot be put forth. The submissions of the accused has to be confined to the material produced by the police. Clearly the law is that at the time of framing charge or taking cognizance the accused has no right to produce any material.= Sheoraj Singh Ahlawat & Ors. …Appellants Versus State of Uttar Pradesh & Anr. …Respondents = Pulished in http://judis.nic.in/supremecourt/helddis.aspx

Code of Criminal Procedure, 1973 – s.239 – Ambit of – Approach to be     adopted by the Court while exercising the powers vested in it u/s.239 CrPC – Discussed – Matrimonial case – Allegations of harassment for dowry and mental and physical torture by wife against husband (appellant no.3) and parents-in-law (appellant nos.1 … Continue reading

Land Laws – Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 – ss.3 and 4(c) – Partition suit – Dismissed by civil court – Title appeal – During pendency thereof, notification issued u/s.3 of the 1956 Act – Consequence=Partition suit was decreed in lower court , appeal filed and appeal is abated due to non-bringing of legal heirs- Notification under Bihar consolidation of Holdings and prevention of Fragmentation Act 1956 published – application filed before appellant -In the present case, title appeal was pending when notification was issued u/s.3 of the 1956 Act, whereafter an application u/s.4(c) of the 1956 Act was preferred to the effect that the appeal and the suit had abated by statutory operation of law – It would have been advisable on the part of the appellate court to record a finding that the entire proceeding of the civil suit stood abated – But the appellate court directed abatement because of non-substitution of the legal heirs of one of the respondents – Hence, the suit as well as the appeal abated and resultantly the very commencement of the civil proceeding came to a naught and, therefore, findings recorded in the said proceeding became extinct – High Court did not appreciate the lis in proper perspective and held that reliance on the findings recorded by the civil court by the revisional consolidation authority under the 1956 Act could not be faulted – Said conclusion wholly erroneous – Matter remanded to High Court to decide the matter on merits on basis of the material brought before the Consolidation Authorities.= Paras Nath Rai and others ….. Appellants Versus State of Bihar and Ors. … Respondents = Published in http://judis.nic.in/supremecourt/helddis.aspx

Land Laws – Bihar Consolidation of Holdings and Prevention of Fragmentation     Act, 1956 – ss.3 and 4(c) – Partition suit – Dismissed by civil court – Title appeal – During pendency thereof, notification issued u/s.3 of the 1956 Act – Consequence – Held: Once a notification has been published u/s.3, every suit and … Continue reading

Acquitted under sec. 302 and 306 IPC – convicted under sec.304 B on interpolated letter , without prove of demand of dowry soon before the death – Apex set aside the orders of lower court and high court and acquitted the accused who are nothing but sister in laws of deceased = = ASHA & ANR. … APPELLANTS VERSUS STATE OF UTTARAKHAND … RESPONDENT = http://judis.nic.in/supremecourt/imgst.aspx?filename=40955

Acquitted under sec. 302 and 306 IPC – convicted under sec.304 B on interpolated letter ,     without prove of demand of dowry soon before the death – Apex set aside the orders of lower court and high court and acquitted the accused who are nothing but sister in laws of deceased =      … Continue reading

Service = When the appointment of one person held wrong , the other person can not be appointed automatically by way of writ of Mandamus unless in exceptional circumstances = GANAPATH SINGH GANGARAM SINGH RAJPUT … APPELLANT Versus GULBARGA UNIVERSITY REP. BY ITS REGISTRAR & OTHERS … RESPONDENTS = http://judis.nic.in/supremecourt/imgst.aspx?filename=40953

When the appointment of one person held wrong , the other person     can not be appointed automatically by way of writ of Mandamus unless in exceptional circumstances  =   Shivanand challenged the aforesaid selection and appointment in a writ petition filed before the High Court, inter alia, contending  that  Masters’ Degree in Mathematics  will  not … Continue reading

A public interest lititation writ of quo warranto the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office but can not order for recovery of salary/honorarium = Central Electricity Supply Utility of Odisha ……Appellant Versus Dhobei Sahoo & Ors. …..Respondents = http://judis.nic.in/supremecourt/filename=40949

A public interest lititation writ of  quo  warranto   the                Court only makes a public declaration that the person holding                the public office is a usurper and not eligible to  hold  the                post and … Continue reading

Cryptic and non-speaking orders not maintainable and are liable to be set aside

    High court with out discussing the pleadings- with out assigning     valid reasons – cryptically quashed the complaint which was taken cognizance by Lower court  by it’s non-speaking orders – Apex court set aside & remanded for afresh disposal =    the impugned judgment does not disclose as to how this finding was … Continue reading

Under Art.136 of the constitution – Or.21, rule 89 C.P.C. – Duty of court to determine the amount payable by Jdr after auction done – amount determined belatedly – Jdr is not responsible – giving an opportunity to the Jdr by High court to pay the determined amount to set aside the sale – is not illegal = – SUKUMAR DE ………..PETITIONER(S) VERSUS BIMALA AUDDY & ORS. …………RESPONDENT(S) – http://judis.nic.in/supremecourt/imgst.aspx?filename=40909

Under Art.136 of the constitution – Or.21, rule 89 C.P.C. – Duty of court to determine the amount payable by Jdr after auction done – amount determined belatedly – Jdr is not responsible – giving an opportunity to the Jdr by High court  to pay the determined amount to set aside the sale – is … Continue reading

Whether there is an arbitration clause in contract agreement – No – aggrieved party remedy is only civil court = = M/s. P. Dasaratharama Reddy Complex … Appellant versus Government of Karnataka and another … Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40902

Whether there is an arbitration clause in contract agreement – No –     aggrieved party remedy is only civil court =       Leave granted in SLP (C) Nos. 16117 of 2004, 17147 of 2004,  24655  of   2004, 26073 of 2004, 5951 of 2006, 12552 of 2006,  12553 of 2006,  8597  of   … Continue reading

Contempt of court – when apology tendered is a bona fide one , court should not reject the same- All Dismissal main cases should not absolve the liability of contemnor = – T.C. GUPTA … APPELLANT (S) VERSUS BIMAL KUMAR DUTTA & ORS. … RESPONDENT(S) – http://judis.nic.in/supremecourt/imgst.aspx?filename=40900

Contempt of court – when apology tendered is a bona fide one , court should not reject the same-     All Dismissal of main cases should not absolve the liability of contemnor  but it can be considered as mitigating factor =       The explanation to Section 12 of the Contempt of Courts … Continue reading

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