Supreme
Court Judgments - November 2007 |
Mohan Kumar Rayana v Komal Mohan Rayana
1/11/2007
Hindu Minority and Guardianship Act, 1956 -
section 6 read with section 7 and 25 of the Guardians and Wards Act,
1890 - application under - the main grievance of the appellant is that
by the order of 6.8.07 he was completely denied any access to the minor
child. He was also aggrieved by the reduction of access time by the
other orders as well - Leave granted |
M/s. Rahul Builders v M/s. Arihant Fertilizers &
Chemical and another 2/11/2007
Negotiable Instruments Act - section 138 -
proviso - service of proper notice under - failure - quashment of
Criminal Proceedings - failure on the part of the appellant to serve a
proper notice strictly in terms of proviso appended to Section 138 of
the Negotiable Instruments Act whether would lead to quashing of a
criminal proceedings initiated by II Additional Sessions Judge, Neemuch
on a complaint made by the appellant herein is the question involved in
this appeal |
Union of
India & Another v Adani Exports Ltd. & Another
12/11/2007
Customs Act, 1962 - Regulation Act -
section 50 - Management Act - section 49(3)(4) - The High Court was not
justified in going into the merits and expressing its views and
thereafter remitting the matter to the Tribunal. - Leave granted |
Naresh Giri
v State of M.P. 12/11/2007
Indian Penal Code, 1860 - section 302 -
applicability of - charges were framed in relation to the offences
punishable under Section 302 and alternatively under Section 304, 325
and 323 of the Indian Penal Code - questioning correctness of the
charges framed, the revision petition was filed. - Leave granted |
State of Punjab and others. etc v
Supreet Rajpal and Another
13/11/2007
Service - appointment as part time lecturers - order passed by a
Division Bench directed the respondents to consider the petitioners for
regularization de-hors of the contractual clause indicated in the
advertisement and also the same having been mentioned in the terms of
appointment. - Leave granted |
Radha Pisharassiar Amma v State of
Kerala 14/11/2007
Indian Penal Code, 1860 - sections 409, 468, 471, 477A and 120B -
Prevention of Corruption Act, 1988 - section 13(1)(C) read with section
13(2) - charge under. |
Mahmood & Another v State of U.P.
15/11/2007
Indian Penal Code, 1860 - section 302 read
with section 148, 147 and 149 and 379 - conviction under - once a
membership of an unlawful assembly is established, it is not incumbent
on the prosecution to establish any specific overt-act to any of the
accused for fastening of liability with the aid of section 149 of the
IPC. |
State of Rajasthan & others v M/s
Khandaka Jain Jewellers 16/11/2007
Stamp Act, 1952 - section 47A(2) -
quashment of the proceedings under - execution of sale deed - the view
taken by the learned single Judge as well as by the Division Bench
cannot be sustained and the same is set aside |
B. Ramakichenin @ Balagandhi v
Union of India and others 16/11/2007
Appointment - set aside by the High Court -
the appellant states that he was fully qualified for the post, but he
was not called for the interview although similarly placed candidates
had been so called - one of the reason given by the High Court for
setting aside the appellant's appointment - Tribunal should
have gone into the question of eligibility.
- Leave granted |
Puspa Mayee Dasi & others v Smt.
Jyotsna Daw & others 19/11/2007
Suit for eviction - on ground of change of
user - from residential to commercial - this ground failed - other two
grounds succeeded |
Manohar S/o Shankar Nale and
others v Jaipalsing S/o Shivlalsing Rajput and others 20/11/2007
Limitation Act, 1963 - schedule appended
thereto - Article 136 - applicability of the provisions of Article 136
as contained in the Schedule appended to the Limitation Act, 1963 is in
question in this appeal which arises out of a judgment - Leave granted |
|
Vijay Kumar and
others v Whirlpool of India Ltd. & others
22/11/2007
Industrial Dispute Act, 1947 - section 33-C (2) - settlement under -
scope of - the settlement covered only cases of existing employees. The
question of any erstwhile workman attaining specified production target
does not arise - whenever a workman is entitled to receive from his
employer any money or any benefit which is capable of being computed in
terms of money and which he is entitled to receive from his employer and
is denied of such benefit can approach Labour Court under Section
33-C(2) of the Act. |
Honda Siel Power Products Ltd v Commissioner of
Income Tax, Delhi
26/11/2007
Income Tax
Act, 1961 -
section 154 - applicability of. - Leave granted |
Chief
Commissioner of Income Tax & others v Smt. Susheela Prasad and
others
27/11/2007
Administrative Tribunals Act, 1985
- section 19 - respondents had moved
CAT seeking regularization of their services - their stand is that they
have been on duties as Data Entry Operators on contract basis and were
being paid at a rate of Rs.10 per hour up to the maximum of Rs.50/- per
day.- Leave
granted |
Amit Kumar v
State of U.P. & others
28/11/2007
Entertainment Tax
- liability to pay - whether entertainment tax was
payable by the appellant in respect of a fashion show held at Gorakhpur
in Uttar Pradesh on 9th July, 2000 at St. Andrews Inter College for the
selection of "Mr. Gorakhpur" and "Miss Gorakhpur". |
State of
Andhra Pradesh v Abdul Khuddus (Dead) by LRs & others 29/11/2007
Andhra Pradesh Land Grabbing (Prohibition) Act,
1982 - order under - set aside by the DB of Andhra Pradesh High
Court - can the High Court, in the exercise of its jurisdiction
under Article 226 of the Constitution, set aside a finding of fact
arrived at by the Special Court, under the Andhra Pradesh Land Grabbing
(Prohibition) Act, 1982 |
Rajesh
Ranjan Yadav @ Pappu Yadav v CBI through its Director 30/11/2007
Bail application - on the ground - that the
appellant has been in custody for more than seven years and that his
conduct in jail has been exemplary |
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