Skip to content

Filter by :

Latest Judgments Judgments > Court:Supreme Page:100

Jan 07 2014

The "Nasco Gem"

  • Decided on : 07-Jan-2014

Court : Singapore Supreme Court

Chao Hick Tin JA (delivering the judgment of the court): 1. This is an application for extension of time to file a notice of appeal against the order made by the High Court judge ("the Judge") in Summons No 3640 of 2012 ("SUM 3640/2012") dismissing the applicant's application to, inter alia, set aside the warrant of arrest and service of the admiralty writ in Admiralty in Rem No 249 of 2012 ("ADM 249/2012"). The anterior, albeit crucial, question for determination is whether leave to appeal is required in respect of the Judge's order in the light of s 34(2)(d) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) ("the SCJA") read with para (e) of the Fifth Schedule to the SCJA. Background facts 2. The material facts may be summarised as follows. The applicant ("the Applicant") is the owner of the ship the "Nasco Gem" ("the Vessel") and the defendant in ADM 249/2012. The respondent ("the Respondent") is the plaintiff in ADM 249/2012. On 10 July 2012, the Respondent arrested the Vessel pursuant to an order obtained in ADM 249/2012. The substantive claim of the Respondent in ADM 249/2012 was as the holder of bills of lading dated 26 May 2012 ("the B/Ls") and for the alleged misdelivery of the goods under the B/Ls. Subsequently, the Applicant applied vide SUM 3640/2012 dated 20 July 2012 ("the Setting Aside Application") to, inter alia, set aside the warrant of arrest and service of the admiralty writ on the grounds that there was non-disclosure of material facts and ...

Jan 06 2014

Kichha Sugar Company Limited Tr.Gen.Mang Vs. Tarai Chini Mill Majdoor ...

  • Decided on : 06-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.77 OF2014(@SPECIAL LEAVE PETITION (CIVIL.) No.16382 OF2009 KICHHA SUGAR COMPANY LIMITED TH. GEN. MANG. APPELLANT VERSUS TARAI CHINI MILL MAJDOOR UNION, UTTARKHAND RESPONDENT JUDGMENT CHANDRAMAULI KR. PRASAD, J.Kichha Sugar Company Limited aggrieved by the order dated 24th of June, 2008 passed by the Uttarakhand High Court in WPMS No.3717 of 2001, affirming the award dated 12th of November, 1992 directing payment of Hill Development Allowance after taking into account the amount received as leave encashment and overtime wages, has preferred this special leave petition. Leave granted. Facts lie in a narrow compass; The Government of Uttar Pradesh, by its order dated 5th of January, 1981, had directed for payment of Hill Development Allowance to its employees working at specified hill areas at the rate of 15% of the basic wage. Kichha Sugar Company Limited, the appellant herein (hereinafter referred to as the employer), being a unit of a subsidiary of U.P. Government Corporation, adopted the same and started paying Hill Development Allowance at the rate of 15% of the basic wage. The workmen demanded calculation of 15% of the said allowance by taking into account the amount paid as overtime, leave encashment and all other allowances. When the employer did not agree to the calculation of the Hill Development Allowance as suggested by the workmen, a dispute was raised. It was referred to ...

Jan 06 2014

Donthula Ravindranath @ Ravinder Rao Vs. State of a.P.

  • Decided on : 06-Jan-2014

Court : Supreme Court of India

Non-reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.594 OF2009Donthula Ravindranath @ Ravinder Rao Appellant Versus State of Andhra Pradesh Respondent JUDGMENT Chelameswar, J.1. This is an appeal against the judgment of the High Court of Andhra Pradesh in Criminal Appeal No.203 of 2005 dated 5th June 2007. By the said judgment, the High Court confirmed the judgment dated 8th February 2005 in Sessions Case No.23 of 2004 on the file of the V-Addl. Sessions Judge (Fast Track Court) at Nizamabad.2. The sole appellant herein alongwith his parents was tried for the offences under section 304B and 498A IPC. Apart from that the appellant herein was tried for an offence under section 302 IPC simplicitor while all the three persons were charged and tried for the offence under section 302 read with section 109 IPC. While the sole appellant herein was convicted for the offence under section 302 as well as section 498A IPC, the trial court did not record any finding against the appellant herein insofar as the charge under section 304B IPC is concerned. The other two accused were acquitted of all the charges.3. Aggrieved by the conviction and sentence, the appellant carried the matter in appeal to the High Court unsuccessfully. Hence the present appeal.4. The wife of the appellant by name Jyotsna died on 21st May 2003. The deceased Jyotsna and the appellant married sometime in 1998, therefore, the death of Jyotsna took place within seven years ...

Jan 06 2014

State(gnct of Delhi) Vs. Narender

  • Decided on : 06-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.25 OF2014(@SPECIAL LEAVE PETITION (CRL.) No.8423 OF2012 STATE (NCT OF DELHI) APPELLANT VERSUS NARENDER RESPONDENT JUDGMENT CHANDRAMAULI KR. PRASAD, J.The State of Delhi, aggrieved by the order dated 28th of November, 2011 passed by the Delhi High Court in Criminal M.C. No.2540 of 2011, whereby it had directed for release of the vehicle bearing Registration No.HR-56-7290 to the registered owner on security, has preferred this special leave petition. Leave granted. Shorn of unnecessary details, facts giving rise to the present appeal are that while constables Raghmender Singh and Sunil were on night patrolling duty at Kirari Nithari turn on 17th of April, 2011, they saw a vehicle coming from the side of the Nithari Village. Constable Raghmender Singh signalled the driver to stop the vehicle, but he did not accede to his command and turned the vehicle into the Prem Nagar Extension Lane. Both the constables chased the vehicle on their motorcycle and the driver of the vehicle, apprehending that he would be caught, left the vehicle and ran away from the place, taking advantage of the darkness. The vehicle abandoned by the driver was Cruiser Force and had registration No.HR-56- 7290. After opening of the windows of the vehicle, 27 Cartons, each containing 12 bottles of 750 ml. Mashaledar country-made liquor and 20 Cartons, each containing 48 quarters of Besto Whisky were found inside the ...

Jan 06 2014

Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik & Anr.

  • Decided on : 06-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.24 OF2014(@SPECIAL LEAVE PETITION (CRL.) No.8852 of 2008) NANDLAL WASUDEO BADWAIK ..... APPELLANT VERSUS LATA NANDLAL BADWAIK & ANR. ..... RESPONDENTS JUDGMENT CHANDRAMAULI KR. PRASAD, J.Petitioner happens to be the husband of respondent No.1, Lata Nandlal Badwaik and alleged to be the father of girl child Netra alias Neha Nandlal Badwaik, respondent No.2, herein. The marriage between them was solemnized on 30th of June, 1990 at Chandrapur. Wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure, but the same was dismissed by the learned Magistrate by order dated 10th December, 1993. Thereafter, the wife resorted to a fresh proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) claiming maintenance for herself and her daughter, inter alia, alleging that she started living with her husband from 20th of June, 1996 and stayed with him for about two years and during that period got pregnant. She was sent for delivery at her parents place where she gave birth to a girl child, the respondent No.2 herein. Petitioner-husband resisted the claim and alleged that the assertion of the wife that she stayed with him since 20th of June, 1996 is false. He denied that respondent No.2 is his daughter. After 1991, according to the husband, he had no physical relationship with his wife. The learned Magistrate accepted the ...

Jan 06 2014

M.B. Suresh Vs. State of Karnataka

  • Decided on : 06-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.985 OF2007M.B. SURESH APPELLANT VERSUS STATE OF KARNATAKA RESPONDENT WITH CRIMINAL APPEAL NO.21 OF2014(@ SPECIAL LEAVE PETITION (CRL.) No.5363 OF2007 BHADREGOWDA APPELLANT VERSUS STATE OF KARNATAKA RESPONDENT JUDGMENT CHANDRAMAULI KR. PRASAD,J.Appellant, besides his father Bhadregowda, was put on trial for offence punishable under Section 302, 114 and 427 of the Indian Penal Code and Section 3 read with Section 25 and 27 of the Arms Act. Additional Sessions Judge, Hasan, vide judgment and order dated 24th of February, 2000 passed in Sessions Case No.24 of 1992, acquitted both the accused of all the charges. Aggrieved by the same, the State of Karnataka preferred an appeal. The High Court, vide judgment and order dated 9th of February, 2007 passed in Criminal Appeal No.991 of 2000, reversed their acquittal and held the appellant M.B. Suresh guilty of offence punishable under Section 302 and 427 of the Indian Penal Code and Section 25 and 27 of the Arms Act. However, his father Bhadregowda was found guilty of offence punishable under Section 427 of the Indian Penal Code alone. Appellant M.B. Suresh was sentenced to undergo life imprisonment for offence under Section 302 of the Indian Penal Code and fine of Rs. 5,000/-, and in default to undergo simple imprisonment for six months. He was also sentenced to undergo one years imprisonment and fine of Rs. 2,000/- for offence under Section 27 ...

Jan 06 2014

State of T.Nadu Tr.Insp.Of Police Vs. N Suresh Rajan & Ors.

  • Decided on : 06-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.22-23 OF2014(@SPECIAL LEAVE PETITION(CRL.)NOs.3810-3811 of 2012) STATE OF TAMILNADU BY INS.OF POLICE VIGILANCE AND ANTI CORRUPTION APPELLANT VERSUS N.SURESH RAJAN & ORS. RESPONDENTS With CRIMINAL APPEAL NO.26-38 OF2014(@SPECIAL LEAVE PETITION(CRL.)NOs. 134-146 of 2013) STATE REP. BY DEPUTY SUPDT. OF POLICE VIGILANCE AND ANTI CORRUPTION APPELLANT VERSUS K.PONMUDI & ORS. RESPONDENTS JUDGMENT CHANDRAMAULI KR. PRASAD, J.CRIMINAL APPEAL NO.22-23 OF2014(@SPECIAL LEAVE PETITION(CRL.)Nos.3810- 3811 of 2012) The State of Tamil Nadu aggrieved by the order dated 10th of December, 2010 passed by the Madras High Court in Criminal R.C.No.528 of 2009 and Criminal M.P.(MD) No.1 of 2009, setting aside the order dated 25th of September, 2009 passed by the learned Chief Judicial Magistrate-cum-Special Judge, Nagercoil (hereinafter referred to as the Special Judge), whereby he refused to discharge the respondents, has preferred these special leave petitions. Leave granted. Short facts giving rise to the present appeals are that Respondent No.1, N. Suresh Rajan, during the period from 13.05.1996 to 14.05.2001, was a Member of the Tamil Nadu Legislative Assembly as also a State Minister of Tourism. Respondent No.2, K. Neelkanda Pillai is his father and Respondent No.3, R.Rajam, his mother. On the basis of an information that N. Suresh Rajan, during his tenure as the Minister of Tourism, had acquired and ...

Jan 03 2014

Praful Manohar Rele Vs. Krishnabai Narayan Ghosalkar & Ors.

  • Decided on : 03-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.50 OF2014(Arising out of S.L.P. (C) No.4719 of 2010) Praful Manohar Rele Appellant Versus Smt. Krishnabai Narayan Ghosalkar & Ors. Respondents JUDGMENT T.S. THAKUR, J.1. Leave granted.2. This appeal arises out of a judgment and order dated 16th October, 2009 passed by the High Court of Judicature at Bombay whereby the High Court has allowed Civil Second Appeal No.90 of 1992 set aside the judgment and decree passed by the Additional District Judge in Civil Appeal No.33 of 1987 and restored that passed by the Trial Court dismissing Regular Civil Suit No.87 of 1984. The factual backdrop in which the dispute arose may be summarized as under:3. Manohar Narayan Rele owned a house bearing Panchayat No.105 situate in village Ravdanda, Taluka Alibag, District Raigad, in the State of Maharashtra. In RCS No.87 of 1984 filed by the said Shri Rele before the Civil Judge (Junior Division), Alibag, the plaintiff prayed for a decree for possession of the suit premises comprising a part of the house mentioned above on the ground that the defendants who happened to be the legal heirs of one Shri Narayan Keshav Ghosalkar, a Goldsmith by profession, residing in Bombay was allowed to occupy the suit premises as a gratuitous licensee on humanitarian considerations without any return, compensation, fee or charges for such occupation. Upon the demise of Shri Narayan Keshav Ghosalkar in February 1978, the ...

Jan 03 2014

T.S. Shylaja Vs. Oriental Insurance Co. & Anr.

  • Decided on : 03-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.51 OF2014(Arising out of S.L.P. (C) No.850 of 2012) Smt. T.S. Shylaja Appellant Versus Oriental Insurance Co. & Anr. Respondents JUDGMENT T.S. THAKUR, J.1. Leave granted.2. The short question that falls for consideration in this appeal is whether the High Court was justified in setting aside the order passed by the Commissioner for Workmens Compensation holding the appellant entitled to an amount of Rs.4,48,000/- towards compensation with interest @ 12% per annum.3. The claim before the Commissioner arose out of a motor accident in which the deceased-Prahlad lost his life while driving a Toyota Qualis vehicle bearing registration No.KA-02/C-423. The incident in question, it appears, occurred on 3rd September 2000 near Bidadi Police Station, on the Bangalore-Mysore highway involving a head on collision with a Tipper Lorry bearing No.KA-02-B-9135. The deceased was removed to the hospital where he died two days after the accident. A claim petition was then filed before the Commissioner for Workmens Compensation, Bangalore Sub-Division-IV, Bangalore by the appellant, mother of the deceased for payment of compensation. The claim petition alleged that the deceased was employed as a driver on a monthly salary of Rs.6,000/- by the owner of the vehicle. The vehicle being insured with the respondent-company, the claimant sought recovery of the amount from the company in terms of provisions of the ...

Jan 03 2014

Ishwar Chandra Jayaswal Vs. Union of India & Ors.

  • Decided on : 03-Jan-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 48-49 OF2014[Arising out of S.L.P.(C)Nos.20506-20507 of 2012]. Ishwar Chandra Jayaswal ..Appellant Versus Union of India & Ors. ..Respondents JUDGMENT VIKRAMAJIT SEN, J.1. Leave granted. These Appeals assail the Judgment dated 11.10.2010 of the Division Bench of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.38190 of 2004 as well as the subsequent Order dated 28.3.2012 by which a Review Application in respect of the former was dismissed.2. The Division Bench was confronted with the dismissal from service of the Appellant Dr. Ishwar Chandra Jayaswal against whom three Articles of Charge had been framed. Article-I was that he demanded and accepted a sum of Rs.26/- from Shri Pyare Ram, Khalasi for issuing in his favour a Fit Certificate. Article-II, in similar vein was that the Appellant demanded and accepted a sum of Rs.34/- from Shri Nandlal, Semi-skilled Revetter for issuing him a Fit Certificate. Article-III was that the Appellant had demanded and accepted Rs.18/- from Shri Balroop, Semi-skilled Revetter for issuing of Fit Certificate. The Inquiry Officer, after duly perusing the entire evidence, returned a finding that Charges 1 and 3 had been proved. The Disciplinary Authority, after considering the response of the Appellant, by its Order dated 22.1.1991 imposed the penalty of removal of the Appellant from service.3. A Revision came to be filed which appears ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //