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May 29 2015 (SC)

Bijendra Bhagat Vs. State of Uttarakhand

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2202 of 2011 Bijendra Bhagat . Appellant Versus State of Uttarakhand . Respondent ORDER1 The appellant and his two sons named Raman @ Babloo and Randhawa @ Billoo were tried for having caused the deaths of one Rakesh and Attar Kali and thereby committed the offences punishable under Sections 302/34, 324/34 and 452 IPC.2. According to the prosecution, on 21.10.1999 at about 6.30 pm there was a quarrel between the children of PW2 Surat Singh and the appellant. Thereafter in the intervening night of 21st and 22nd October, 1999, the appellant armed with a lathi, accused Raman @ Babloo and Randhawa @ Billoo both armed with Tabals (heavy sharp edged weapon) and country made pistols came to the house of PW2 Surat Singh and dragged his son Rakesh from the house and started assaulting. The inmates of the house, namely, PW1 Sanjay Kumar, his father PW2 Surat Singh and mother Attar Kali came forward to...

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May 29 2015 (SC)

Prem Singh Vs. State of Haryana

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.569 OF2014|PREM SINGH |.....APPELLANT(S) | |VERSUS | | |STATE OF HARYANA |.....RESPONDENT(S) | JUDGMENT A.K. SIKRI, J.The appellant herein is convicted for committing offence under Section 354, 302, 404 of the Indian Penal Code by the Session Court vide judgment and conviction dated 11.09.2001 followed by order of sentence dated 13.09.2001. His conviction and sentence has been upheld by the High Court vide judgment dated 12.07.2010 and it is this judgment which is impugned in the present proceedings. Unfolding the prosecution case, we find that Jaibir (PW-12), complainant, who is the father of deceased Sunita, had made a complaint at PS Sadar, Hansi stating that he was an agriculturist and had two sons and one daughter (Sunita). He had married his daughter, who was aged 24-25 years, to one Rajesh, s/o Chhanna, at Village Dhantan, Hisar. She had come to the parental house about 8-9 days prior...

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May 29 2015 (SC)

Indra Dalal Vs. State of Haryana

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1261 OF2009|INDRA DALAL |.....APPELLANT(S) | |VERSUS | | |STATE OF HARYANA |.....RESPONDENT(S) | W I T H CRIMINAL APPEAL No.1620 OF2009A N D CRIMINAL APPEAL No.1189 OF2011JUDGMENT A.K. SIKRI, J.First Information Report (FIR) No.99 dated May 24, 2001 was registered at Police Station: City Dadri, Haryana. In this FIR, five persons were implicated and made accused for committing the murder of one Nand Karan (hereinafter referred to as the 'deceased'). Out of them, three appellants are before us who were tried together and convicted for the said offence by the Sessions Court vide judgment dated April 11, 2008, followed by the order of sentence dated April 12, 2008 sentencing them for life imprisonment and also to pay a fine of ?.10,000 each for commission of the offence punishable under Section 120-B read with Section 302 of the Indian Penal Code, 1860. In default of payment of fine, it was directed...

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May 27 2015 (SC)

Shabnam Vs. Union of India and Anr.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.88 OF2015|SHABNAM |.....PETITIONER(S) | |VERSUS | | |UNION OF INDIA & ORS. |.....RESPONDENT(S) | W I T H WRIT PETITION (CRIMINAL) No.89 OF2015ORDER A.K. SIKRI, J.Rule. Ms. Pinky Anand, learned ASG, accepts notice on behalf of Union of India and Ms. Pragati Neekhra, learned counsel, accepts notice on behalf of State of Uttar Pradesh. With the consent of the learned counsel appearing for the parties, we have taken up these petitions for final hearing and propose to dispose of these writ petitions by this order. Writ Petition (Criminal) No.88 of 2015 is filed by Shabnam and Writ Petition (Criminal) 89 of 2015 is filed by National Law University, Delhi, espousing the cause of Salim. Both Shabnam and Salim (hereinafter referred to as, the convicts) were co-accused in a murder case, that was tried against them on the allegations that they had committed murders of seven persons who were the mem...

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May 26 2015 (SC)

Sandeep and Anr Vs. State of Harayana

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1554 of 2014 Sandeep and Anr. . Appellants Versus State of Haryana . Respondent JUDGMENT Uday Umesh Lalit, J.1. This appeal by Special Leave by appellants, Sandeep and his mother Krishna, challenges the judgment and order dated 18.09.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.D-203- DB/2008 affirming their conviction under Sections 304-B, 498A read with Section 34 IPC.2. The crime in the instant case was registered on the basis of statement made by Sharmila, wife of appellant Sandeep, to Suresh Chand, ASI at 6:15 p.m. on 2.11.2006. Her statement Ext. P-13 was to the following effect:- Stated that I am resident of aforesaid address. I was married to Sandeep S/o Rajbir @Raja Jat by caste r/o Ghikara on 21.05.2005. After some days of the marriage I was kept properly and there after they started harassing me and saying that less dowry is brought. My h...

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May 15 2015 (SC)

K.L Bakolia Vs. State Th. Director,c.B.I.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.797 OF2015(Arising out of S.L.P. (Crl.) No.8161/2013) K.L. BAKOLIA ..Appellant Versus STATE THROUGH DIRECTOR, C.B.I. ..Respondent JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal assails the correctness of the judgment passed by the High Court of Delhi in Criminal Appeal No.207/2003 dated 11.7.2013, in and by which, the High Court confirmed the conviction of the appellant under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and the sentence imposed on him.3. Shamsher Singh-complainant (PW4) is the sole proprietor of M/s. Colonels Security Services working on contract for providing security staff to Indian Agricultural Research Institute (IARI), Pusa, New Delhi on annual basis from 1.03.1993 which was subsequently renewed from year to year basis upto 31.03.1996 and the contract was due for renewal on 1.04.1996. Complainant stated that on 2.04...

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May 15 2015 (SC)

Manyata Devi Vs. State of U.P and Ors

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4475 OF2015(Arising out of SLP (C) No.25607 of 2013 Manyata Devi Appellant Vs. State of U.P. & Ors. Respondents JUDGMENT T.S. THAKUR, J.1. Leave granted.2. This appeal arises of out an order dated 2nd April, 2013, passed by the High Court of Judicature at Allahabad whereby Writ Petition No.17398 of 2013 filed by the appellant has been dismissed and the order passed by the District Magistrate, Basti, refusing to issue a character certificate in favour of the appellant upheld.3. The appellant appears to have applied to the District Collector, Basti, for a character/enlistment certificate in her favour, which it appears is one of the requirements prescribed for registration as a contractor under the Irrigation Department of the State of Uttar Pradesh. The appellant, as proprietor of M/s Krishna Construction was already registered as a contractor but since the said registration was valid only for a period...

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May 15 2015 (SC)

Canara Bank and Anr. Vs. M. Mahesh Kumar

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.260/2008 CANARA BANK & ANR. ..Appellants Versus M. MAHESH KUMAR ..Respondent WITH CIVIL APPEAL NO.266/2008 CHAIRMAN AND MANAGING DIRECTOR CANARA BANK & ORS. ..Appellants Versus SANTHA & ANR. ..Respondents AND CIVIL APPEAL NO.267/2008 CHAIRMAN AND MANAGING DIRECTOR CANARA BANK & ORS. ..Appellants Versus A.K. SHEEBA & ANR. ..Respondents JUDGMENT R. BANUMATHI, J.Common question of law falling for consideration in these civil appeals is whether the dependant family members of the deceased employee of the appellant-Canara Bank were entitled to seek compassionate appointment on the basis of Dying in Harness Scheme which was passed Vide Circular No.154/1993 w.e.f. 8.05.1993. The claim is resisted by the Canara Bank on the ground that the financial condition of the family members of the deceased employees is good and that the Scheme dated 8.05.1993 has been replaced with scheme dated 14.02.2005 (H. O. Circula...

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May 15 2015 (SC)

Bilaspur Raipur K.Gramin Bank and Anr. Vs. Madanlal Tandon

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.4467 of 2015 (Arising out of SLP(C)No.22488 of 2012) Bilaspur Raipur Kshetriya Gramin Bank and another ..Appellant(s) versus Madanlal Tandon ..Respondent(s) JUDGMENT M. Y. EQBAL, J.Leave granted.2. This appeal by special leave is directed against the judgment and order dated 17th February, 2012, whereby Division Bench of the High Court of Chhattisgarh in the writ appeal preferred by the appellants upheld the order of the learned Single Judge and directed payment towards respondents claim of salary up to Rs.5,00,000/- with all consequential benefits.3. The factual matrix of the case is that the respondent was working as a Field Supervisor in the appellant Bank since 1981. In February, 1984, a charge-sheet was issued to him for having committed misconduct and after a departmental inquiry, an order dated 5.7.1984 was passed by the Disciplinary Authority imposing punishment of stoppage of his two annual i...

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May 15 2015 (SC)

Munna Lal Jain and Anr. Vs. Vipin Kumar Sharma and Ors.

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4497 OF2015(Arising from S.L.P. (C) No.8362/2013) Munna Lal Jain and another Appellant (s) Versus Vipin Kumar Sharma and others Respondent (s) JUDGMENT KURIAN, J.: Leave granted. The never ending dispute on computation of compensation under the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), is the subject matter of this appeal as well. In the absence of any statutory and a straight jacket formula, there are bound to be grey areas despite several attempts made by this Court to lay down the guidelines. Compensation would basically depend on the evidence available in a case and the formulas shown by the courts are only guidelines for the computation of the compensation. That precisely is the reason the courts lodge a caveat stating ordinarily, normally, exceptional circumstances, etc., while suggesting the formula. In the case before us, the appellants are the claimants before the Motor Accidents ...

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