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Feb 21 2014 (SC)

The M.D.,chennai Metro Rail Ltd Vs. N. Ismail and ors

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2572-2573 OF2014(@ SLP (C) NOS.26020-26021 OF2013 The M.D., Chennai Metro Rail Ltd. Appellant VERSUS N. Ismail & Ors. Respondents With CIVIL APPEAL NOS. 2575-2578 OF2014(@ SLP (C) NOS.26199-26202 OF2013 JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.1. I.A. Nos.1-2 & I.A. Nos.1-4, applications for impleadment, filed in Special Leave Petition (C) Nos.26020-26021 of 2013 and Special Leave Petition (C) Nos.26199-26202 of 2013, are allowed. Registry to carry out necessary amendment.2. Leave granted.3. These appeals have been filed by the State of Tamil Nadu represented by the Managing Director of Chennai Metro Rail Ltd. and the Principal Secretary to Government Revenue LD-1(1) Department. The issue concerned in these appeals relates to an extent of 5 Grounds and 275 sq.ft. of land in T.S. No.43/2 in Chennai District, Fort Tondiarpet Taluk, Block No.7 of Vepery Village. The abovesaid land along wit...

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Feb 21 2014 (SC)

2ec.to Govt.,school Education Dept.Chenn Vs. Thiru R.Govindaswamy and ...

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2726-2729 OF2014(Arising out of SLP (C) Nos. 5681-5684/2014) @ CC. 19326-19329/2013) Secretary to Government, School Education Department, Chennai Appellant Versus Thiru R. Govindaswamy & Ors. Respondents WITH CIVIL APPEAL NOs. 2730-2731 OF2014(Arising out of SLP (C) Nos. 5686-5687/2014) @ CC. 19982-19983/2013) ORDER Dr. B.S. CHAUHAN, J.1. These appeals have been preferred against the impugned judgments and orders dated 21.11.2012 and 16.11.2012 in Writ Appeal Nos. 2402, 2403 2404, 2405 of 2012 and 2555, 2556 of 2012 passed by the High Court of Madras, by which the High Court has regularised the services of part-time sweepers (respondents herein).2. Facts and circumstances giving rise to these appeals are that: The respondents had been appointed as part-time sweepers by appellant from 1987 till 1993 as their initial appointments had been issued to the respondents and others on 1.12.1987, 2.5.199...

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Feb 21 2014 (FN)

Tan Kim Hock Anthony Vs. Public Prosecutor and Another

Court : Singapore Supreme Court

Chan Seng Onn J: 1. The appellant, Brother Tan Kim Hock Anthony, was the former Principal of Maris Stella High School ("the School") for 25 years from 1984 to 2009. He was charged with the offence of criminal breach of trust by a servant under s 408 of the Penal Code (Cap 224, 2008 Rev Ed) for having dishonestly misappropriated, via six cashier's orders between 27 March 2009 and 10 September 2009, the sum of $67,679.05 from the School's Chapel Building Fund account ("the Chapel Fund account") with United Overseas Bank ("UOB"). He used this sum to pay for certain expenses incurred in renovating Champagnat House, which is the official residence of the Marist Brothers in Singapore. By way of background, the Marist Brothers is an international Catholic religious order which founded the School, and the appellant himself is a Marist Brother. 2. The appellant was convicted on 24 April 2013 by the District Court and sentenced to five months' imprisonment. He appealed against both conviction an...

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Feb 21 2014 (FN)

Her Majesty the Queen Vs. Jeffery Lea Hogg

Court : Canada Supreme Court

The appeal from the judgment of the Prince Edward Island Court of Appeal, Number S1-CA-1261, 2013 PECA 11 (CanLII), 2013 PECA 11, dated August2,2013, was heard on February 21, 2014, and the Court on that day delivered the following judgment orally: The Chief Justice ” We agree with the conclusion reached by McQuaid J.A., dissenting in the Court of Appeal, that the trial judge did not err in his application of the burden f proof, and there was therefore no basis for appellate intervention. The appeal is allowed and the conviction restored....

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Feb 21 2014 (FN)

AlvIn Daniel Waite Vs. Her Majesty the Queen

Court : Canada Supreme Court

The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0801-0092-A, 2013 ABCA 257 (CanLII), 2013 ABCA 257, dated July 11, 2013, was heard on February 21, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE ” On this appeal as of right, the appellant raises three questions of law on which a judge of the Alberta Court of Appeal dissented. Two of them can be dealt with summarily. First, the appellant submits that the trial judge was required as part of her instructions on reasonable doubt to specifically direct the jury that they had to acquit both accused if they could not decide which accused had committed the murder. Second, the appellant submits that the trial judge failed to properly explain to the jury the relationship between the intoxication defence and the mens rea required for aiding and abetting second degree murder. For the reasons given by Rowbotham J.A. in the Court of Appeal, we would not give effect to ...

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Feb 21 2014 (FN)

Antal Babos Vs. Her Majesty the Queen

Court : Canada Supreme Court

Moldaver J. ” I. Introduction [1] This appeal provides the Court with an opportunity to revisit the law of abuse of process as it relates to state conduct that impinges on the integrity of the justice system but does not affect trial fairness ” sometimes referred to as the œresidual category? of cases for which a judicial stay of proceedings may be ordered. In particular, we are tasked with clarifying the approach to be followed when determining whether a stay of proceedings should be ordered where such conduct is uncovered. [2] As we shall see, the appellants, Antal Babos and Sergio Piccirilli, complain about three forms of state misconduct: (1) Attempts by the original provincial Crown Attorney to intimidate them into foregoing their right to a trial by threatening them with additional charges should they choose to plead not guilty; (2) Collusion on the part of two police officers to mislead the court about the seizure of a firearm from Mr. Baboss car; and (3) Impro...

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Feb 20 2014 (SC)

Anil @ Anthony Arikswamy Joseph Vs. State of Maharashtra

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1419-1420 OF2012Anil @ Anthony Arikswamy Joseph .. Appellant Versus State of Maharashtra .. Respondent JUDGMENT K. S. RADHAKRISHNAN, J.1. We are, in this case, concerned with a gruesome murder of a minor boy aged 10 years after subjecting him to carnal intercourse and then strangulating him to death.2. The accused, Anil @ Anthony Arikswamy Joseph, was charge-sheeted with offences punishable under Sections 302, 377 and 201 of the Indian Penal Code (IPC). The Principal District and Sessions Judge, Nagpur in Sessions Trial No.167 of 2008 convicted the Appellant for the offence punishable under Section 302 IPC and sentenced him to death and also sentenced to pay a fine of Rs.10,000/- and in default to suffer rigorous imprisonment for one year and for the offence punishable under Section 377 IPC, he was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- and in def...

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Feb 20 2014 (SC)

Pasupuleti Siva Ramakrishna Rao Vs. State of A.P.and ors.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.466 OF2014[Arising out of SLP (Crl.) No.7044 of 2007]. PASUPULETI SIVA RAMAKRISHNA RAO . APPELLANT VERSUS STATE OF ANDHRA PRADESH & ORS. . RESPONDENTS JUDGMENT S. A. BOBDE, J.1. Leave granted.2. The appellant/defacto complainant has filed this appeal against the judgment dated 1st February, 2007 passed by the learned Single Judge of the High Court of Judicature at Andhra Pradesh. The High Court allowed the appeal in part, and acquitted the accused for the offences under Section 452 read with Section 34 of the Indian Penal Code [hereinafter referred to as IPC].. The High Court further modified the conviction and sentence under Section 307 read with Section 34 IPC to one -under Section 324 IPC and accordingly reduced the sentence of 10 years to rigorous imprisonment for two months each and also to fine of Rs. 2,000/- each, in default to suffer simple imprisonment for a period of six months. Fu...

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Feb 20 2014 (SC)

Syed Gulzar HussaIn and ors Vs. Dewan Syed Ale Rasul Ali Khan and ors

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.36921 OF2013Syed Gulzar Hussain & Others .. Petitioners Versus Dewan Syed Ale Rasul Ali Khan & Others .. Respondents WITH SPECIAL LEAVE PETITION (CIVIL) No.36923 OF2013AND SPECIAL LEAVE PETITION (CIVIL) NO.36953 OF2013ORDER K. S. RADHAKRISHNAN, J.1. We are, in these cases, primarily concerned with the resolution of a dispute between the Dewan Sajjadanashin and Khadims of the Holy Shrine of Hazrat Khawaja Moinuddin Chishti at Ajmer with regard to the sharing of Nazrana offered by the pilgrims visiting the Holy Shrine. Petitioners submit that the High Court, while deciding the above issue, practically framed a Scheme for the implementation of the final decree dated 3.5.1933 (as amended on 29.1.1940) in Civil Suit No.9 of 1929 passed by the Additional District Judge, Ajmer-Merwana, Ajmer which, according to the petitioners, was not warranted and beyond the scope of the decre...

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Feb 20 2014 (SC)

Sujoy Kumar Chanda Vs. Damayanti Majhi and anr.

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.273 OF2006Sujoy Kumar Chanda ... Appellant Vs. Damayanti Majhi & Anr. Respondents AND CRIMINAL APPEAL NO.274 OF2006Sasanka Sekhar Banerjee Appellant Vs. Damayanti Majhi & Anr. Respondents JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.1. Both these appeals are directed against Judgment and Order dated 7/6/2005 passed by the Calcutta High Court in C.R.R. No.3140 of 2004 and, hence, they are being disposed of by this common order.2. The facts which give rise to this judgment need to be shortly stated. One Khagen Majhi was killed in the early hours of 30/4/1997. He was shot dead. On the same day P.S. Kalyani registered Case No.50 of 1997 under Sections 147, 148, 149, 353, 307 and 326 of the Indian Penal Code (the IPC) and Sections 25 and 27 of the Arms Act against unknown persons. On 17/5/1997, a complaint was filed by Smt. Damyanti Majhi, the mother of deceased Khagen Majhi against SI San...

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