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archives

Supreme court

This tag is associated with 229 posts

Sec.197 Cr. P.C. – Sanction to prosecution – Since he was removed from service following the procedure laid down in Jharkhand police manual – No sanction to prosecute warranted – Apex court confirmed the orders of the high court = Fakhruzamma … Appellant Versus State of Jharkhand & Anr. … Respondent = published in /Cited in / Reported in judis.nic.in/supremecourt/filename=41073

Sec.197 Cr. P.C. – Sanction to prosecution – Since he was removed from service following the procedure laid down in Jharkhand police manual – No sanction to prosecute warranted – Apex court confirmed the orders of the high court =  whether sanction under Section 197  Cr.P.C.  is  necessary  from  the  State Government before prosecuting the … Continue reading

Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several times with 6 / 3 months from the date of cheque – Limitation of 30 days starts from the date of information of cheque bounce – the complainant admitted in his complaint that cheque was bounced on 10-11-2008 – Complaint filed 07-01-2009 = beyond 30 days from the date of cheque bounce – though two witnesses were examined – is not a bar to quash the complaint – High court committed wrong – Apex court allowed the appeal and quashed the complaint = Kamlesh Kumar …..Appellant Vs. State of Bihar & Anr. ….Respondents = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41067

Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several … Continue reading

Sec.377 of I.P.C. – constitutionally valid – Unnatural offences – Same sex marriage – Bombay high court declared the sec.377 as unconstitutional – Apex court set aside the orders of Bombay high court – and held that sec.377 is a valid one – marriage between same sex is an offence under sec.377 still – Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same as per the suggestion made by the Attorney General. = Suresh Kumar Koushal and another … Appellants versus NAZ Foundation and others … Respondents = published in/ Cited in / Reported in judis.nic.in/supremecourt/filename=41070

Sec.377 of I.P.C. – constitutionally valid – Unnatural offences – Same sex marriage –     Bombay high court declared the sec.377 as unconstitutional – Apex court set aside the orders of Bombay high court – and held that  sec.377 is a valid one – marriage between same sex is an offence under sec.377 still … 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

service matter – BSNL line man – working on daily wages for the past 10 years terminated with out notice and with out one moth wages as per Act – Tribunal and high court directed to reinstate with back wages – Apex court modified and awarded compensation of 3 lakhs as he was daily wager – a daily wager who completed more than 240 days on termination are entitled for compensation in alternative for reinstatement = B.S.N.L. ….Appellant Vs. Bhurumal ….Respondent = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41068

service matter – BSNL line man – working on daily wages for the past 10 years     terminated with out notice and with out one moth wages as per Act –   Tribunal and high court directed to reinstate with back wages –  Apex court modified and awarded compensation of 3 lakhs as he was  daily … Continue reading

Service matter – dismissed from service – claim for superannuation benefits – Since the order speaks that he was removed from service with superannuation benefits as would be due other wise and with out disqualification from future employment – Tribunal – High court rightly held that he is entitled for the same – Apex court confirmed the same = BANK OF BARODA …. APPELLANT Versus S.K. KOOL(D)THROUGH LRS.AND ANR. …. RESPONDENTS = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41066

Service matter –  – dismissed from service – claim for superannuation benefits – Since     the order speaks that he was removed from service with superannuation benefits as would be due other wise and with out disqualification from future employment – Tribunal – High court rightly held that he is entitled for the same – Apex court confirmed the same = … Continue reading

Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155- provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong = Veer Singh & Ors. .. Appellant(s) versus State of U.P. .. Respondent(s) = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41065

Dying declaration – if not died can be considered as sec.164 statement can be used for     contradiction etc., under sec.157 ,sec.155– provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness  – after regain, her full sec.161 statement was recorded – Apex court held no wrong … Continue reading

Haryana Apartment Ownership Act,1983 (for short “the Apartment Act”) – Development Act – Declarations in respect of “common areas and facilities” – the owners cannot claim any undivided interest over those facilities except the right of user – they cannot claim an undivided interest or right of management over them.- agreements executed between the colonizer and the DTCP vis-à-vis the various provisions of the Apartment Act, the statutory declaration made by the colonizer and the Sale Deeds executed between the parties – Apex court set aside the judgment of the High Court and dismiss the writ petition filed before the High Court. The appeal is, therefore allowed. = DLF Limited ….. Appellant Versus Manmohan Lowe and others …..Respondents =published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41058

Haryana Apartment  Ownership  Act,1983 (for short “the Apartment Act”) –  Development Act – Declarations in respect of “common areas and  facilities” – the owners cannot claim any  undivided interest over those facilities except  the  right  of  user – they  cannot claim an undivided interest or right of management over them.- agreements executed between the colonizer and the DTCP  vis-à-vis the  various  provisions … Continue reading

Retrial – the trial court acquitted the case after full trial on benefit of doubt without considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition – High court in revision set aside the retrial order and also set aside the main order of appeal which found prima faice case, with out considering and assessing the medical evidence – Apex court on petition for retrial held that no retrial can be order and confirmed the view of high court – Apex court on SLP against revision held that High court committed wrong in allowing the revision with out considering material as to why the lower appellant court set aside the acquittal order – Apex court remanded the case to high court for fresh disposal on this point = MARY PAPPA JEBAMANI ..Appellant Versus GANESAN & ORS. ..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41055

Retrial –  the trial court acquitted the case after full trial on benefit of doubt   without     considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition … Continue reading

Contempt of court – 2 G spectrum scam – Respondents attempted to interfere with an investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable = Rajeshwar Singh …Petitioner Versus Subrata Roy Sahara & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41054

Contempt of court – 2 G spectrum scam –  Respondents attempted to interfere with an     investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable =   Whether the contempt petition is maintainable =    This   contempt  petition  has  been  preferred  under  Article  129, … Continue reading

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