|
 Supreme
Court Judgments - April 2007 |
Anil Prakash
Shukla v Arvind Shukla 01/05/2007
Indian Penal Code,
1860 - s. 307 - Whether evidence of the sole as well as the alleged
dying declaration of the deceased be believed or not |
Messrs Larsen and
Tubro Limited v Commissioner of Central Excise, Pune-II 02/05/2007
Central
Excise and Salt Act, 1944 - Section 11A read with Central Excise
Rules, 1944 - Rule 49(1) - notice under - to appellant as to show cause
- as to why Central Excise duty to the tune of Rs.32,35,575/- should not
be demanded and recovered from them in terms of the proviso appended to
Rule 49(1) - the impugned judgment cannot be sustained. It is set
aside accordingly the Revenue was not justified in invoking the extended
period of limitation in the instant case. |
Rubabbuddin Sheikh v State of Gujarat and Others 03/05/2007
Constitution of India
- art.32 - Petitioner alleged killing his brother
in fake encounter by Anti Terrorist Squad Police, Gujarat and Rajasthan
Special Task Force Writ and disappearance of sister-in-law |
State of Punjab and Others v Arun Kumar Aggarwal
and Others 04/05/2007
Appeals against the judgment and order passed by High Court in several
writ petitions - Whether any indefeasible right has been accrued to the
diploma-holder (outstanding categories) for promotion to the post of SDO
by virtue of being given current duty charge by an order dated 21.6.2001
and whether any cause of action arose by withdrawing the same by an
order dated 22.6.2005. |
B. Bharat Kumar and Others v Osmania University and Others
07/05/2007
Superannuation age - raising of - to 62
yrs. writs filed by petitioners serving in private colleges which are
enjoying the grant-in-aid by the Govt. |
Union Public Service Commission v
Sukanta Kar and Another 08/05/2007
Ministry of Works and Housing Deputy Advisory
(Training) Recruitment Rules, 1985 - Ministry of Works and
Housing Deputy Advisory (Training) Recruitment Rules, 1985 - eligibility
of respondent No.1 for the post of Deputy Advisor (Training) in Central
Public Health and Environmental Organisation of Urban Development
Ministry -
Leave granted. |
Kishore Lal v Chairman,
Employees State Insurance Corporation 08/05/2007
Employees' State Insurance Act, 1948; Consumer
Protection Act, 1986 - appellant's wife incorrectly
diagnosed by the ESI dispensary, at Sonepat - medical services rendered
by the ESI hospital/ dispensary whether falls within the Section 2(1)(o)
- and, therefore, the consumer forum has jurisdiction to adjudicate upon
the case of the appellant |
Commissioner of Customs,
Maharashtra v M/s Galaxy Entertainment (I) P. Limited & Others
08/05/2007
Customs Act, 1962 - Section 130-E - a short
question for determination in these appeals is whether technical and
installation fee amounting to Rs. 59 lacs was required to be loaded in
the assessable value of a 20-Lane Bowling
Alley equipment imported in October, 1998 |
Sohan Singh Sodhi v Punjab State
Electricity Board, Patiala 09/05/2007
Electricity (Supply) Act, 1948, s. 15 -
Constitution of India, 1950 - Article 14 - Suit questioning the purported
discrimination in promotion of Lineman to Line Superintendent between
diploma holder linemen vis.-'-vis. non diploma holder linemen - whether,
the Punjab State Electricity Board could make any discrimination for the
purpose of promotion between diploma holder and non-diploma holders on
the basis of quota fixed -
Leave granted. |
Anil v State of Haryana 10/05/2007
Indian Penal Code,
s. 302; Arms Act, s. 27 - Appeal against conviction and sentence -
the site plan showed the material particulars. The place where the
complainant was being assaulted has clearly been stated in the First
Information Report as also in his deposition by Rajpal - the High
Court cannot be said to be wrong in affirming the judgment of conviction
of the appellant and acquittal of the other passed by the learned
Sessions Judge |
Noor @ Noordhin v State of Karnataka
11/05/2007
Indian Penal Code, ss. 143, 148, 341, 326,
302 r/w s. 149 - Trial court convicted the appellant - appellant with
six others charged under - appellant herein was convicted under Sections
143, 148, 341, 326, 302 read with Section 149 of the Indian Penal Code -
an appeal was preferred against the judgment of his conviction before
the High Court by the appellant. |
V. Shankaranarayana Rao (D) By
LRs and Others v Leelavathy (Dead) By LRs and Others 11/05/2007
Suit for partition by predecessor in interest of the present respondents
- the High Court while pronouncing the impugned judgment had also not
considered the effect and purport of the requisite ingredients for
arriving at a decision as to whether the transaction in question is
benami or not - the impugned judgment should be set aside and matter
remitted back to the High Court for consideration of the matter afresh
which would meet the interest of justice. |
Kaushlya Devi v Shri Karan Arora
and Others 14/05/2007
Motor Vehicles Act, 1988, ss. 166, 140 and 141 - Tribunal held that
since the driver was a minor he did not have any liability but the owner
of the vehicle was liable to pay compensation as per the award and the
insurer has no liability as the driver was not authorized to drive...-
Leave granted. |
Prahalad Prabhudas Patel and
Others v State of Gujarat 15/05/2007
Prevention of Terrorism Act, 2002 - Questions involved inter alia
relate to the effect of recommendation made by the Review Committee
under the provisions of The Prevention of Terrorism Act, 2002 as amended
by Ordinance of 2003 |
Federation of Tenants Association
v State of Maharashtra & Others 15/05/2007
Delay of 341 days in
filing this
Petition for Special
Leave
to Appeal - No
sufficient cause has been made out for condoning the long delay - This
Court affirmed the order of the High Court that is sought to be
challenged in this Petition for Special Leave to Appeal |
Greater Kailash Part-II Welfare
Association & Others v DLF Universal Limited & Others 15/05/2007
Writ petition complaining of the change of user of the Savitri Cinema
Plot by converting it into a multiplex -cum- commercial complex
- Leave
granted. |
K Krishna M.A. Raihany v Union of
India and Others 16/05/2007
Foreign Exchange Regulation Act, 1973; Citizenship Act, 1955
- Prayer for grant of Indian citizenship by naturalization
-
Leave granted. |
Ananda Mohan Sen and Another v
State of West Bengal 16/05/2007
Indian Penal Code, ss. 498A 306 - Appeal against conviction and sentence
-Conviction and Sentence by DB affirming the judgment of conviction and
sentence by learned Assistant Sessions Judge, Burdwan - Sentence under
Section 306 modified by High Court in case of appellant No.1 reducing
the sentence from 5 yrs. to 3 yrs.
-
Leave granted. |
Institute of Chartered Financial
Analysts of India & Others v Council of The Institute of Chartered
Accountants of India & Others 16/05/2007
Monopolies and Restrictive Trade Practices Act, 1969;
Chartered Accountants Act, 1949 - Plea that High Court committed a
manifest error in passing the impugned judgment |
Geeta v State of Madhya Pradesh
and Others 16/05/2007
Caste - Whether the appellant Geeta belongs to Majhi Tribe, which is
Scheduled Tribe or Mallah, which is not Scheduled Tribe - Held,
appellant not produced any document, which will establish her tribe as Majhi,
which is Scheduled Tribe, prior to 3.11.1977 |
Union of India and Another v
Shardindu 16/05/2007
National Council for Teacher Education Act, 1993 - Order passed by the
Union of India purporting to terminate the deputation of the respondent
as Chairperson, National Council for Teacher Education set aside
- Leave granted. |
Commissioner of Income Tax, Pune
v Shirke Construction Equipment Limited 17/05/2007
Income Tax Act, 1961 - Whether Section
80-AB can be applied to Section 80-HHC of the Act?. Whether, in
determination of business profit under Section 80HHC, the unabsorbed
business losses of the earlier years under Section 72 of the Act should
be set off |
Ashoka Kumar Thakur v Union of
India & Others 17/05/2007
Constitution of India, 1950; Supreme Court Rules, 1966
- Order 35 - during the leaving of these petitions, submitted by
the Solicitor General that in view of the mandate these cases should be
heard by a Bench of at least five Hon'ble Judges. It was submitted that
not only petitions raise substantial questions of law but also
interpretation of the Constitution is involved on the other hand in the
counter affidavit filed by the Union of India it has been specifically
stated that, according to it, there was no question of law much less of
substantial nature involved and the issues raised are covered by various
decisions of this Court, more particularly,
Indra Sawhney v. Union of India and Ors. |
Bangalore Development Authority v
Syndicate Bank 17/05/2007
Consumer Protection Act, 1986, s. 21 - Self Financing Housing Scheme for
construction of flats/houses in Banglore - Appeal relates to delay in
delivery of 11 HIG houses - the more serious issue is whether the facts
and circumstances warrant a finding of negligence and deficiency in
service on the part of BDA necessitating award of compensation |
Rizwan Akbar Hussain Syyed
v Mehmood Hussain & Another 18/05/2007
Code of Criminal Procedure, 1973, s. 439(2) -
Bail - granted to the appellant - challenged in this appeal is to the
order passed by a learned single Judge of the Bombay High Court
canceling the bail granted to the appellant by exercising power under
Section 439 (2) of Criminal Procedure Code - case involving alleged
commission of offence punishable under Section 324 of the Indian Penal
Code, 1860
- Leave
granted. |
Garrison Engineer (Utility) Bhatinda v Narinder Singh
21/05/2007
Industrial Disputes Act, 1947 - Respondent
was engaged as Mazadoor on daily wages - as per the
requirement of the department on the basis of specific sanction of
muster roll vacancies from time to time. - not exceed 25 days in one stretch of period under any circumstances
- The award was challenged before the
High Court. Apart from the other controversies a specific plea was
raised that the appellant is not an industry and, therefore, the Act has
no application. |
State of Tripura and Others v Bina Choudhary and Others
22/05/2007
Indian Forest Tripura Second Amendment) Act, 1986
- A vehicle - carrying illegal timber was seized by the Champaknagar
Range Staff- An offence report No. 3/CB-93 was drawn by the Forest Beat
Office- against the owner of vehicle for illegally carrying, illicitly
collected 57 nos. of unmarked gamer sawn timber- The driver could not
produce the registration papers of the vehicle as required under the
Forest Rules |
Zaminder Dharmik and
Shekshnik Nyas v Siddhanath (Dead) By Lrs 22/05/2007
Code of Civil Procedure, 1908, s. 100; M.P.
Land Revenue Code - In 1969, Government issued a notice for ejectment
under Section 248 of the M.P. Land Revenue Code (in short 'the Code')
claiming the land to be a land of the Government and the appellant was
dispossessed. |
Assistant
Commissioner of Income Tax v Rajesh Jhaveri Stock Brokers Private
Limited 23/05/2007
Income Tax Act, 1961 - Respondent-a Private
Limited Company filed its return of income declaring total loss of Rs.2,
70, 85, 105/- -
Leave granted. |
Ajnala Co-operative Sugar
Mills Limited v Sukhraj Singh 23/05/2007
Industrial Disputes Act, 1947 - writ
petition challenge was to the award of the Labour Court, Amritsar,
whereby alleged termination of services of the respondent was held to be
illegal for want of compliance with the requirements of Section 25-F of
the Industrial Disputes Act, 1947 -
Leave granted. |
Byvarapu Raju v State of Andhra Pradesh and Another
28/05/2007
Indian Penal Code, 1860, ss. 302, 201 -
Appeal against conviction and sentence - the appeal is allowed to the
aforesaid extent by altering the conviction from Section 302 IPC to
Section 304 Part I, IPC. - The custodial sentence of 10 years would meet
the ends of justice. |
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