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Latest Judgments Judgments > Court:Supreme Year:2014

Oct 30 2014

Binod Kumar & Ors. Vs. State of Bihar & Anr

  • Decided on : 30-Oct-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2327 OF2014(Arising out of SLP (Crl.) No.9751/2011) BINOD KUMAR & ORS. .. Appellant Versus STATE OF BIHAR & ANR. ..Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. Whether the charges under Section 406 IPC and the criminal complaint for criminal breach of trust for allegedly retaining the bill amount payable to respondent No.2 is liable to be quashed is the point falling for consideration in this appeal.3. Payment of bill pertaining to the contract executed by the second respondent in Tilka Manjhi Bhagalpur University had a chequered history. Case of second respondent is that contract was entered into between him and K.S.S. College on 4.9.1990 for the construction of building of K.S.S. College, Lakhisarai, a constituent unit of Tilka Manjhi Bhagalpur University. According to second respondent, since money and requisite materials were not given to him in time, the work was not completed within stipulated period. The university vide letter dated 9.5.1995, informed the respondent No.2 that his contract is terminated and all his dues including final bill, earnest money and security deposit etc. will be released after consultation with the College Development Committee. The University Engineer vide letter dated 4.6.1996, addressed to the Principal of the college, informed that a payment of Rs.48,505/- is payable to the contractor; but the respondent No.2 was not paid the aforesaid ...

Oct 29 2014

Rathnavathi & Anr Vs. Kavita Ganashamdas

  • Decided on : 29-Oct-2014

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELALTE JURISDICTION CIVIL APPEAL Nos. 9949-9950 OF2014(Arising out of SLP (C) Nos.35800-35801 of 2011) Rathnavathi & Another Appellant(s) VERSUS Kavita Ganashamdas Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. The plaintiff filed two suits, one for specific performance of agreement and other for grant of permanent injunction in relation to the suit house. The trial court vide common judgment and decree dated 16.10.2001 dismissed both the suits. The first appellate court, i.e., the High Court, in appeal, by impugned judgment and decree dated 08.09.2011 reversed the judgment and decree of the trial court and decreed both the suits in appeal, against the defendants. Being aggrieved by the judgment and decree of the High Court, Defendants 1 and 3 have approached this Court in the instant civil appeals.3. The question arises for consideration in these appeals is whether the High Court was justified in allowing the first appeals preferred by the plaintiff, resulting in decreeing the two civil suits against defendants in relation to suit house?.4. In order to appreciate the controversy involved in the civil suits, and now in these appeals, it is necessary to state the relevant facts.5. For the sake of convenience, description of parties herein is taken from Original Suit No.223/2000.6. Defendant no.2 is the original owner of the suit house and defendant no.1 is the subsequent purchaser of the suit house from ...

Oct 29 2014

Munni @ Syed Akbar Vs. State of Insp.Of Police, All Women Po.St

  • Decided on : 29-Oct-2014

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2475 of 2009 Munni @ Syed Akbar . Appellant VERSUS State of Inspector Of Police, All Women Police Station, Gobichettipalayam, Erode .Respondent(s) JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.1. This appeal at the instance of A1, who is the appellant herein, is directed against the judgment of the Division Bench of the Madras High Court dated 16.08.2007, passed in Criminal Appeal No.434 of 2006.2. Brief facts which are required to be stated are that the appellant is the husband of the deceased Gulsara Banu. Along with the appellant, his parents were also proceeded against, who were arrayed as A2 and A3. All the three accused were charged for offences under Sections 498(A), 302 and 201 of I.P.C. The parents of the appellant viz., A2 and A3 were found guilty of the offences under Section 498(A) of I.P.C. as well as under Section 4 of the Dowry Prohibition Act, 1961. A2 who was also charged under Sections 302 and 201 of I.P.C. was acquitted of those charges. A2 and A3 have already undergone the sentence, even while the appellants appeal was preferred before the High Court. The High Court therefore dealt with the case of the appellant alone.3. As far as the occurrence is concerned, the appellant got married to the deceased on 27.07.1997. They were living in a rented premises belonging to P.W.3 at Kurumanthur. It was a portion of the house. The occurrence took place in the morning hours of ...

Oct 29 2014

Zarina Siddiqui Vs. A.Ramalingam @ R.Amarnathan

  • Decided on : 29-Oct-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9947 OF2014(Arising out of Special Leave Petition (C) No.19555 of 2012) Zarina Siddiqui Appellant versus A. Ramalingam alias R. Amarnathan ..Respondent JUDGMENT M.Y. EQBAL, J.Leave granted.2. This appeal by special leave is directed against the judgment and order dated 1.3.2012 passed by the High Court of Karnataka whereby Regular First Appeal No.265 of 1999 filed by the defendant-respondent was allowed and the judgment and decree passed by the trial court in the suit of the appellant-plaintiff was set aside.3. The facts giving rise to the present appeal are that the respondent- first defendant is the absolute owner of 1/3rd undivided share in the property bearing no.43, Mission Road, Bangalore (hereinafter referred to as the suit schedule property) and his elder brother-second defendant is his power of attorney holder. It is the case of the plaintiff that on 25.6.1979, the second defendant-respondent as registered power of attorney holder entered into an agreement to sell 1/3rd share in the suit property to the appellant-plaintiff for consideration of Rs.40,000/- and received advance of Rs.5,000/-. As per the aforesaid registered agreement, the balance consideration was to be paid on or before 30.12.1980 and the parties to the agreement had to take necessary steps for obtaining permission from the competent authority under the Urban Land (Ceiling and Regulation) Act. Plaintiffs further ...

Oct 29 2014

Inbasegaran & Anr. Vs. S. Natarajan(dead) Through Lrs.

  • Decided on : 29-Oct-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 4215-4216 OF2007Inbasegaran and another Appellant(s) versus S. Natarajan (Dead) thr. Lrs. ..Respondent(s) WITH CIVIL APPEAL NOs.4217-4218 OF2007S. Natarajan (Dead) thr. Lrs. Appellant(s) versus Inbasegaran and another ..Respondent(s) CIVIL APPEAL NOs.4219 OF2007S. Natarajan (Dead) thr. Lrs. Appellant(s) versus Inbasegaran ..Respondent(s) JUDGMENT M.Y. EQBAL, J.These appeals are directed against the common judgment and order dated 30.4.2004 passed by the High Court of Judicature at Madras in A.S. Nos.665 and 666 of 2001, whereby the appeals preferred by S. Natarajan were allowed. This matter pertains to a property bearing S.No.159/10 and 11, Plot No.436, Tallakulam Village, Madurai City, measuring 6980 sq.ft., which was allotted to one S. Natarajan on lease-cum-sale agreement by the Housing Board. S. Natarajan, original defendant in O.S. Nos.445/85 & 252/86 and plaintiff in O.S. No.3/86 alleged to have entered into a sale agreement with respect to the suit property with one Inbasegaran. Therefore, for the sake of convenience S. Natarajan and Inbasegaran are hereinafter respectively referred to as defendant and plaintiff.2. The facts giving rise to the present appeals are that the plaintiff filed a suit being O.S. No.252 of 1986 for specific performance of the agreement for sale dated 19.1.1984 with respect to aforesaid suit schedule property. According to him, the said land was allotted to ...

Oct 29 2014

Huda & Anr. Vs. Kedar Nath

  • Decided on : 29-Oct-2014

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9951 OF2014(Arising out of Special Leave Petition (Civil) No.15445 of 2010) HUDA & Anr. ... Appellants Versus Kedar Nath ... Respondent JUDGMENT ANIL R. DAVE, J.1. Leave granted.2. Being aggrieved by the judgment dated 10th December, 2009 in R.S.A. No.790 of 2008 delivered by the High Court of Punjab & Haryana at Chandigarh, this appeal has been filed by the original defendant Haryana Urban Development Authority, through its Chief Administrator.3. The facts giving rise to the present litigation in a nutshell are as under :- The present respondent had participated in an auction conducted by the appellants for disposal of certain booths situated in Sector 9 at Panchkula and had offered the highest bid of Rs.4 lakhs for booth no.103 situated in the said sector. As he was the highest bidder, subject to the conditions of the auction, he was allotted the said booth vide Memo No.12351 dated 14th September, 1988. The respondent had deposited Rs.40,000/-, being 10% of the amount of bid, immediately and thereafter he had further deposited a sum of Rs.60,000/- so as to make 25% of the total amount offered by him.4. The balance amount of Rs.3 lakhs was to be paid by the respondent to the appellant authorities in 10 half yearly instalments along with interest @ 10% per annum. There was a condition in the auction sale that in case of default in payment, the respondent had to pay interest @ 10% per ...

Oct 29 2014

Mallella Shyamsunder Vs. State of a.P.

  • Decided on : 29-Oct-2014

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1381 OF2011Mallella Shyamsunder Appellant (s) Versus State of Andhra Pradesh Respondent (s) JUDGMENT KURIAN, J.: Nemo moriturus praesumitur mentire literally means no one at the point of death is presumed to lie. Nobody normally may lie and die for fear of meeting his maker. Acceptability and reliability of statement made by a person who is about to die, which statement, in common parlance, is known as dying declaration, has been the subject matter of several reported decisions of this Court and, therefore, it is not necessary to add one more to the same. However, for the purpose of understanding the first principles, we shall refer to a Constitution Bench decision in Laxman v. State of Maharashtra[1]., wherein at paragraph-3, it is held as follows:3. The juristic theory regarding acceptability of a dying declaration is that such declaration is made in extremity, when the party is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced, and the man is induced by the most powerful consideration to speak only the truth. Notwithstanding the same, great caution must be exercised in considering the weight to be given to this species of evidence on account of the existence of many circumstances which may affect their truth. The situation in which a man is on the deathbed is so solemn and serene, is the reason in law to accept the veracity of his ...

Oct 28 2014

Kulwant Singh & Ors Vs. Oriental Ins. Co. Ltd

  • Decided on : 28-Oct-2014

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9927-28 OF2014(ARISING OUT OF SLP (CIVIL) NOS.1499-1500 OF2014 WITH CIVIL APPEAL NOS. 9929-30 OF2014(ARISING OUT OF SLP (CIVIL) NOS29128-29129 OF2014(CC NOS.4232-4233 OF2014 KULWANT SINGH & ORS. ..... APPELLANTS VERSUS ORIENTAL INSURANCE COMPANY LTD. ..... RESPONDENTS JUDGMENT ADARSH KUMAR GOEL J.1. Delay condoned in SLP (C) Noof 2014 [CC. Nos.4232-4233 of 2014]..2. Leave granted in all the matters.3. These appeals have been preferred against common judgment and Order dated 5th August, 2011 in MAC Appeal Nos.70 and 68 of 2011 and dated 8th March, 2013 in Review Petition Nos.793 and 776 of 2011 respectively of the High Court of Delhi at New Delhi.4. The question raised for consideration is whether the Insurance Company is entitled to recovery rights on the ground of breach of conditions of insurance policy when the driver possesses valid driving licence for driving light vehicle but fails to obtain endorsement for driving goods vehicle.5. The claim petition was filed before the Motor Accident Claims Tribunal by the dependents of the deceased Rizwan S/o Kadir @ Abdul Kadir who died in a road accident on 8th October, 2005 at about 05.30 A.M. while driving Tempo No.HR-G-5234 which was hit by a Tempo (Tata-407) bearing No.DL-1L-D3186. The Tribunal held that the death was on account of negligence of the driver of the offending Tempo (Tata-407) bearing No.DL-1L- D3186 and the claimants were ...

Oct 28 2014

Sunita Kachwaha and Ors Vs. Anil Kuchwaha

  • Decided on : 28-Oct-2014

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2310 OF2014(Arising out of SLP (Crl.) No.2659/2012) Sunita Kachwaha & Ors. ..Appellants Versus Anil Kachwaha ..Respondent JUDGMENT R. BANUMATHI, J.Delay in filing and refiling SLP condoned and leave granted.2. This appeal is preferred against the Order dated 26.06.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Revision No.2303/2007, in and by which, the High Court has set aside the order of maintenance of Rs.3,000/- awarded to the wife while affirming the order of maintenance awarded to the two daughters.3. Marriage of the first appellant was solemnized with respondent on 5.02.1996 as per Hindu rites and the spouses are blessed with two daughters. The first daughter Ankita is aged 12 years and second daughter Akshita is 8 years old as on the date of filing of SLP. Case of the appellant-wife is that when she was living in the matrimonial house, the respondent and her in-laws were harassing her on the ground that she has not brought sufficient dowry. The appellant-wife is alleged to have been subjected to physical and mental cruelty, demanding car and dowry. As the torture became intolerable, the appellant-wife had contacted her brothers in the year 2006, and her brothers came to Kota to take the appellants back on 24.04.2006. The matter was reported to the SHO Police Station, Mahaveer Nagar, Kota about the cruel treatment meted out to the appellant-wife by ...

Oct 28 2014

New Mangalore Port List.Workers Man.Com. Vs. Reg.Dir.,Esi Corp.,Bangal ...

  • Decided on : 28-Oct-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9931 OF2014(Arising out of SLP (Civil) No.11990/2008) NEW MANGALORE PORT LISTED WORKERS ..Appellant MANAGING COMMITTEE NOW REPRESENTED BY NEW MANGALORE PORT TRUST Versus THE REGIONAL DIRECTOR, ..Respondent ESI CORPORATION, BANGALORE, KARANATAKA JUDGMENT R. BANUMATHI, J.Leave granted.2. Whether or not New Mangalore Port Listed Workers Managing Committee is an integral part of New Mangalore Port Trust (NMPT) and whether State Government is the appropriate government to extend the applicability of provisions of Employees State Insurance Act, 1948 (ESI Act) to the New Mangalore Port Listed Workers Managing Committee are the points falling for consideration in this appeal.3. Brief facts leading to the filing of this appeal are as follows:- Section 1(5) of the ESI Act enables the appropriate government to issue notification in respect of any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. In exercise of its power under Section 1(5) of the ESI Act, a notification dated 22.1.1986 was issued by the Government of Karnataka to extend the provisions of the ESI Act to certain areas, in and around the city of Mangalore. The said notification specified that the provisions of the Act inter-alia would apply to certain shops and establishments. Appellant-New Mangalore Port Listed Workers Managing Committee, Panambur (for short Workers Managing Committee) was ...

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