|
 Supreme
Court Judgments - October 2007 |
Suresh Singh & Another v State of Haryana
1/10/2007
Indian Penal Code, 1860 - sections 147,
148, 149, 302, 323, 324 and 326 - charge under - each accused is
sentenced to rigorous imprisonment for one year under Section 324 read
with Section 149 IPC. Each of accused is also punished with fine of
Rs.500- Leave
granted |
Ram Prakash Gupta v Rajiv Kumar Gupta & Others
3/10/2007
CPC - order VII - Rule XI - whether the
defendants/ respondents herein made out a case for rejection of the
plaint under Order VII Rule 11(d) of the C.P.C.
- Leave granted |
M/s. Hasthimal & Sons & Others v P. Tej Raj Sharma
4/10/2007
Mortgaged Property - this appeal has arisen
out of a suit for redemption of the mortgage and for possession of the
mortgaged property |
Bureau of Indian Standards v S.K. Kanojia
5/10/2007
Bureau of Indian Standard (Recruitment to
Scientific Cadre) Regulation 1986 - Regulation 9 - these appeals
are directed against the judgment of a Division Bench of the Delhi High
Court dismissing the appeals preferred against the order of a learned
Single Judge who allowed the writ petitions filed by the respondents
- Leave
granted |
Sita Ram & Others v Radhey Shyam
5/10/2007
Specific Relief Act, 1963 - section 16(c) -
challenge in this appeal is to the order passed by a learned Single
Judge of the Jaipur Bench of Rajasthan High Court dismissing the Second
Appeal filed by the plaintiffs-appellants - the trial court decreed the
suit, which was one for specific performance of a contract while the
first appellate court set aside the decree.-
Leave granted |
Hariom Agrawal v Prakash Chand Malviya
8/10/2007
Indian Stamp Act - stamp duty - deficiency
- where the deficiency of stamp duty is noticed from the copy of any
instrument, the Collector may call for the original document for
inspection, and on failure to produce the original instrument could
presume that proper stamp duty was not paid on the original instrument
and, thus, recover the same from the person concerned-
Leave granted |
Accounts Officer, Jharkhand State Electricity
Board and Another v Anwar Ali 9/10/2007
Consumer dispute - the electricity supply
was discontinued without notice. Compensation of Rs.50,000/- was awarded
along with 12% interest per annum by the District Forum and upheld by
the State Commission. The National Commission took the view that since
notice was given after disconnection, the action was clearly
unsustainable
- Leave granted |
Inder Mohan Goswami & Another v State of
Uttaranchal & Others 9/10/2007
Non-bailable warrants - issuance of -
Criminal Procedure Code, 1973 - section 482 - appeal against judgement
passed in Application under section 482 - the appellants had to file an
application under Section 482 Cr.P.C. because the Special Judicial
Magistrate, Rishikesh issued a non-bailable warrant against the
appellants on the basis of First Information Report under Sections
420/467 IPC filed by the respondents
- Leave granted |
Ramesh Baburao Devaskar & Others v State of
Maharashtra 12/10/2007
First information Report - whether the
second First Information Report can be treated to be the First
Information Report in relation to the incident and in any event any
reliance can be placed thereupon - lodging of a First Information Report
is necessary for setting the criminal law in motion. It can be lodged by
anybody. |
Sanjay Bansal and Another v Jawaharlal Vats and
Others 22/10/10/2007
Constitution of India, 1950 - article 226 -
writ filed in High Court praying for fair and proper investigation in
case under section 307 IPC - the High Court was of the view that from
the beginning the writ petitioner was apprehending that there would be
no fair and proper investigation into the case as the accused persons
are influential persons.-
Leave granted |
Rabindra Kumar Shaw (dead) thr. Lrs v Manick Lal
Shaw 22/10/2007
Impleadment - suit for declaration of title and
permanent injunction - the same was directed against the order
dated 4th December, 2004 passed by learned Judge, 10th BENCH, City Civil
Court at Calcutta in Title Suit No.815 of 2000 thereby rejecting the
application under Order 39 Rule 4 of the Code of Civil Procedure, 1908
filed by the defendant and allowing the application under Order 39 Rules
1 and 2 filed by the plaintiffs
- Leave granted |
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Naresh Kumar Yadav v Ravindra Kumar and Others
23/10/2007
Criminal Procedure Code, 1973 - section 438 - petitions for protection -
granted by single Judge of the Patna High Court - challenged in this
appeal by the informant.
- Leave granted |
Dashrath @ Champa and Others v State of Madhya
Pradesh 24/10/2007
Indian Penal Code, 1860 - section 304 Part
I read with section 34 - conviction and sentence upheld by the High
Court - challenged in appeal - dying declaration - the acceptability of
alleged dying declaration in the instant case has to be considered. The
dying declaration is only a piece of untested evidence and must like any
other evidence |
Iqbal v State of Kerala
24/10/2007
Indian Penal Code, 1860 - sections 366A and
376 read with section 34 - conviction by the trial court - acquittal of
the co-accused by High Court - appeal - in the instant case, the
admitted case of the prosecution is that girl had left in the company of
the accused of her own will and that she was not forced to sexual
intercourse with any person other than the accused.-
Leave granted |
Smt. Seema v Ashwani Kumar
25/10/2007
Marriages - compulsory registration - from
the details filed it appears that States of Andhra Pradesh, Bihar,
Chattisgarh, Goa, Himachal Pradesh, Karnataka, Meghalaya, Mizoram,
Rajasthan, Sikkim, Tamil Nadu, Tripura have complied with the direction. |
M/s Vanasthali Textiles Industries Ltd v
Commissioner of Central Excise, Jaipur, Rajasthan
26/10/2007.
Demand of duty - benefit of Notification
No. 8/97-CE - appellant-company is 100% export oriented undertaking who
claimed partial exemption from duty in terms of Notification NO.8/97-CE
dated 1.3.1997 in respect of goods sold in Domestic Tariff Area, which
stipulated conditions that the goods have been manufactured wholly from
the raw materials produced or manufactured in India.-
Leave granted |
Girja Kumar and others v State of Himachal Pradesh
and another 31/10/2007
Adverse Possession - Declaratory suit -
according to the plaintiffs-appellants, they were in possession of the
suit land for more than 40 years. The suit was filed in 1989 for
declaration of title on the ground of adverse possession and for
injunction. The trial Court decreed the suit and the appeal filed by the
defendants was dismissed by the first appellate Court. |
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