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archives

Supreme court

This tag is associated with 229 posts

Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant?= Apex court held YES = CRIMINAL APPEAL NO.1412 OF 2014 (Arising out of SLP(CRL.) No.3308 of 2013) RAKESH & ANR … APPELLANTS VERSUS STATE OF U.P. & ANR. .. RESPONDENTS = 2014 – Aug.Part – http://judis.nic.in/supremecourt/filename=41823

Whether  a  Magistrate  after  accepting  a  negative  final   report submitted by the Police  can  take  action  on  the  basis  of  the  protest petition filed  by  the  complainant/first  informant?= Apex court held YES Respondent No.2 herein lodged an FIR which  was  registered  as  Crime Case No.480 of 2000 under Section 364  of  the  Indian  Penal  Code  at … Continue reading

Contempt of Court – Editorial in Indian Express on report of Kuldip Singh Commission’s report – Whether the commission is a court -Constitutional Bench upheld that The Commission constituted under the 1952 Act is a fact finding body to enable the appropriate Government to decide as to the course of action to be followed. Such Commission is not required to adjudicate upon the rights of the parties and has no adjudicatory functions. The Government is not bound to accept its recommendations or act upon its findings. The mere fact that the procedure adopted by the Commission is of a legal character and it has the power to administer oath will not clothe it with the status of Court. That being so, in our view, the Commission appointed under the 1952 Act is not a Court for the purposes of Contempt of Courts Act even though it is headed by a sitting Supreme Court Judge. Moreover, Section 10A of the 1952 Act leaves no matter of doubt that the High Court has been conferred with the power to take cognizance of the complaint in respect of the acts calculated to bring the Commission or any member thereof into disrepute. Section 10A provides the power of constructive contempt to the Commission by making a reference to the High Court with a right of appeal to this Court. Our answer to the first question is, therefore, in the negative. In view of the above reasons, the contempt petitions are dismissed and the contempt notices are discharged. = CONTEMPT PETITION (CRL.) NO. 11 OF 1990 Dr. Subramanian Swamy …… Petitioner Vs. Arun Shourie …… Respondent = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41786

Contempt of Court –  Editorial in Indian Express on report of Kuldip Singh Commission’s report – Whether the commission is a court -Constitutional Bench upheld that The Commission constituted   under the 1952 Act  is  a  fact finding body to enable the  appropriate  Government  to  decide  as  to  the course of action to  be  followed.   … Continue reading

Arbitration and conciliation Act – Despite of criminal proceedings and Despite of allegations of fraud and void etc., the arbitration proceedings can be initiated to resolve the disputes as per agreement – Disputes arose between Switzer land company and common wealth games2010 organisation about payment of tail end payments – so many correspondences were made by the petitioner/ company – Respondent failed to pay the amount as CBI cases were registered against Kalmadi and others – due corruption etc., and agreement treated as void – Apex court held that efforts were made to amicably put a “closure to the agreement”. I, therefore, do not find any merit in the submission of the respondent that the petition is not maintainable for non-compliance with Clause 38.3 of the Dispute Resolution Clause. and further held that As a pure question of law, I am unable to accept the very broad proposition that whenever a contract is said to be void-ab-initio, the Courts exercising jurisdiction under Section 8 and Section 11 of the Arbitration Act, 1996 are rendered powerless to refer the disputes to arbitration.= Swiss Timing Limited …Petitioner Versus Organising Committee, Commonwealth Games 2010, Delhi. ….Respondent = 2014(May.Part) http://judis.nic.in/supremecourt/filename=41548

   Arbitration and conciliation Act – Despite of criminal proceedings and Despite of allegations of fraud and void etc., the arbitration proceedings can be initiated to resolve the disputes as per agreement – Disputes arose  between Switzer land company and  common wealth games 2010 organisation  about payment of tail end payments – so many correspondences were made by the petitioner/ company – Respondent failed … Continue reading

Sec.498 A, 304 B of I.P.C.- A 1-husband acquitted – A 2 sentence was reduced – mitigating circumstances – A1 husband and A2 mother in law – In dying declaration and in her letter , the deceased said that A 1- husband is innocent and further gave credit marks in her letters – Apex court acquitted the husband A1- as far as mother-in-law concerned A2 – she has been demanding for gold chain – Apex court confirmed the one year sentence of imprisonment for sec.498 A and whereas for sec. 304B dispute was taken place on that night between A2 and deceased but not by A1 and so she committed suicide – but not burnt by A 2 – and further more deceased expressed unhappiness in respect of her marriage with A1 which was also one of the cause to commit suicide – Apex court Acquit the A1- husband from sec.304 B and reduced the sentence of A2 from 10 years to 7 years imprisonment and allowed the appeal partly = SATISH CHANDRA & ANR. Vs. STATE OF M.P. 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41506

Sec.498 A, 304 B of I.P.C.-  A 1-husband acquitted – A 2 sentence was reduced – mitigating circumstances – A1 husband and A2 mother in law – In dying declaration and in her letter , the deceased said that A 1- husband is innocent and further gave credit marks in her letters – Apex court … Continue reading

Contempt petition – whether the petitioners would be entitled to the benefit of judgment dated 14.3.2012 passed in the case of BPSL or not. – three petitioners pray that the same directions as given in favour of BPSL in judgment dated 14.3.2012, be passed in their cases as well. This they claim on the basis of parity with BPSL. However, we are constrained to hold that, on the basis of such an argument, they cannot approach this court directly under Article 32 of the Constitution by filing writ petitions. – Apex court dismissed the writs leaving the issue open = Bhushan Power & Steel Ltd. ….. Appellant(s) Versus Rajesh Verma & Ors.. ….. Respondent (s) = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41444

   Contempt petition –   whether the petitioners would  be  entitled  to  the benefit of judgment dated 14.3.2012 passed in the case of BPSL or  not. – three petitioners pray that the same directions as given in  favour  of BPSL in judgment dated 14.3.2012, be passed in  their  cases  as  well. This they claim on the basis of  parity  with  BPSL. … Continue reading

Ganga Rape of a woman – Reliefs to victim granted by Apex court – who loved other cast man , by the order of cast panchayat elders – Apex court taken suomoto case and order for investigation and obtained report and Apex court held that we are of the view that the victim should be given a compensation of at least Rs. 5 lakhs for rehabilitation by the State. We, accordingly, direct the Respondent No. 1 (State of West Bengal through Chief Secretary) to make a payment of Rs. 5 lakhs, in addition to the already sanctioned amount of Rs. 50,000, within one month from today and that Directed to registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and the Police officers are duty bound to register the same. and directed that Likewise, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are statutorily obligated under Section 357C to provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under Sections 326A, 376, 376A, 376B, 376C, 376D or Section 376E of the IPC.=1 SUO MOTU WRIT PETITION (CRIMINAL) NO. 24 OF 2014 In Re: Indian Woman says gang-raped on orders of Village Court published in Business & Financial News dated 23.01.2014= 2014 (March . Part) judis.nic.in/supremecourt/filename=41349

Ganga Rape of a woman – Reliefs to victim granted by Apex court – who loved other cast man , by the order of cast panchayat elders – Apex court taken suomoto case and order for investigation and obtained report and Apex court held that  we  are  of  the  view that the victim should be given a compensation of at … Continue reading

Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution – firm registration form filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal for receiving the document filed by accused – complaint was quashed as not maintainable = Smt. Bommidipati Madhavi….Petitioner/accused The State of Andhra Pradesh rep.by Public Prosecutor, High Court of A.P., Hyderabad and another….Respondents = published in judis.nic.in/judis_andhra/filename=10600

Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution –  firm registration form  filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal … Continue reading

Indian Port Act sec. 34 – 2011 Policy – Except Licence , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court in either granting or declining to grant a relief in exercise of its jurisdiction under Article 136 can take note of developments either of fact or law which leave an impact on the rights and obligations of parties before the Court = Apex court dismissed the SLPs = = Yazdani International P. Ltd. …Appellant Versus Auroglobal Comtrade P. Ltd. & Ors. …Respondents = published in judis.nic.in/supremecourt/filename=41117

Indian Port Act  sec. 34 – 2011 Policy – Except Licence  , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court  in  either  granting  or declining to grant a … Continue reading

Bail – transfer of case – Lower court granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district = Gulabrao Baburao Deokar … Appellant Versus State of Maharashtra & Ors. … Respondents = published in judis.nic.in/supremecourt/filename=41116

Bail – transfer of case – Lower court  granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district =  The High Court order cancelled the  bail  granted  to the appellant herein in Crime  No.13/2006  registered  at  the  City  Police Station, Jalgaon. The … Continue reading

Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint = J.L. Soman & Ors. … Appellants Vs. State of Bihar & Anr. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41100

 Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint =  … Continue reading

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