//
archives

Supreme Court India

This tag is associated with 199 posts

Industrial Disputes Act sec. 25F,25FF sec.25N and Section 17B of I.D. Act – Estopel – State of Maharashtra & Anr. … Appellants Versus Sarva Shramik Sangh, Sangli & Ors. … Respondents = http://judis.nic.in/supremecourt/imgst.aspx?filename=40894

Industrial Disputes Act sec. 25F,25FF  sec.25N and Section 17B of I.D. Act – Estopel – Already     decided case attained finality – and same was applied with some suitable modifications = Retrenchment of labours temporary having serice of more than 10 years of service with out sufficient notice and with out payment of damages on the trasfer … Continue reading

Whether the second wife married during the life time of first wife can file a maintenance case under sec. 125 Cr.P.C. – yes , if she was kept in dark about first marriage = Badshah ….Petitioner Versus Sou.Urmila Badshah Godse & Anr. …Respondents – judis.nic.in/supremecourt/filename=40886

Whether the second wife married during the life time of first wife can file a maintenance case     under sec. 125 Cr.P.C. – yes , if she was kept in dark about first marriage =       the judgments of  this  Court  in  Adhav  and         Savitaben cases would apply only … Continue reading

No bail when there is a history of involvement of number of crimes and when there is possibility of tampering of witnesses = ATAMARAM Vs. STATE OF U.P.& ANR published in judis.nic.in/supremecourt/filename=40881

 Grounds for cancellation of Bail :-           1. Kunwar  Singh           was involved in a number of cases including four shown  pending  in           the Gang Chart including one for murder and another for  rape.    2. Moreover           Respondent no.2 is involved … Continue reading

Contempt of Court = Bonafide mistake in not furnishing the required information T.C.GUPTA & ANR Vs. HARI OM PRAKASH & ORS. published in judis.nic.in/supremecourt/filename=40876

Bonafide mistake in not furnishing the required information to the High Court may not amount to     contempt of court  – Apex court set aside the orders of High court =        .  Before we part with this topic, we would like to refer to              one aspect … Continue reading

Under Sec. 304 Part II of IPC – sentence reduced to 7 years from life – KUNWAR PAL Vs. STATE OF UTTARAKHAND published in judis.nic.in/supremecourt/filename=40870

Sec. 304 Part II of IPC = Using guns in marriage ceremonies even though prohibited – when     caused death of a person who gathered in the marriage ceremony, the accused is liable to be punished under sec. 304 Part II of the IPC. but not under rash and negligent act under sec. 304 … Continue reading

Under sec.482 of Cr.P.C. the appellant High court can dispose the appeal on merits even in the absence of appellant or his lawyer – SURYA BAKSH SINGH Vs. STATE OF U.P. judis.nic.in/supremecourt/filename=40879

Under sec.482 of Cr.P.C. the appellant High court can dispose the appeal on merits even in the absence of appellant or his lawyer and even with out appointing amicus curiae in a routine manner in case of where the appellant after obtaining bail or exemption from surrender – escaped from appearing while the appeal was posted for … Continue reading

Sec.138 of Negotiable Instrument Act – court can convert sentence into fine but at the same time no fine should be exceed twice the cheque amount ; Sec.357(3) has no application SOMNATH SARKAR Vs. UTPAL BASU MALLICK & ANR. published in judis.nic.in/supremecourt/filename=40873

As per the Negotiable instrument Act – a penalty should be imposed twice the cheque amount but not more than that. Section 357(3), Cr.P.C no application in cheque bounce case. Court can impose sentence or fine or both. Appellant/ Revision court  has got jurisdiction to convert the sentence into fine = The lower court sentenced 6 months imprisonment … Continue reading

Bar Licence – not granted = SOMDEV KAPOOR Vs. STATE OF W.B. & ORS. published in judis.nic.in/supremecourt/filename=40865

Bar Licence – not  granted =   Rule 8 of the West Bengal Excise (Selection of New  Sites       and Grant of License for Retail  Sale  of  Liquor  and  Certain  Other       Intoxicants) Rules, 2003 (hereinafter referred to as “Rules of 2003”),       as amended in the year 2004. … Continue reading

sec. 354 outrage the modesty of women is to be considered stringy, no lenient view – Ajahar Ali … Appellant VERSUS State of West Bengal … Respondent published in judis.nic.in/supremecourt/filename=40857

Sec. 354 outrage the modesty of women is to be considered stringy, no lenient view should be taken while granting punishment – Due to delay of 18 years, the accused is not entitled  to any benefit under the provisions of Probation of Offenders Act, 1958 – No lenient view       The provisions of Section 354 … Continue reading

Service matter = Doctrine of proportionality in punishment= Deputy Commissioner, KVS & Ors. ….Appellants Vs. J.Hussain ….Respondent – published in judis.nic.in/supremecourt/filename=40856

Service matter =  Doctrine of proportionality in punishment –  Enter office forcibly in intoxication mood – removed from service – correct –     the High Court has found the penalty of removal from  service  to   be disproportionate to the nature and gravity of his misconduct.  Thus, –       invoking the doctrine … Continue reading

Blog Stats

  • 2,873,445 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,905 other followers

Follow advocatemmmohan on WordPress.com