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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1979 Page 6 of about 68 results (0.079 seconds)

Mar 20 1979 (SC)

Jugal Gope and ors. Vs. State of Bihar

Court : Supreme Court of India

Decided on : Mar-20-1979

Reported in : AIR1981SC612; (1979)3SCC272

s. murtaza fazal ali, j.1. this appeal under section 2(s) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, is directed against the judgment of the patna high court dated 31-1-74 by which the high court reversed the order of the sessions judge acquitting the appellants and convicted them under section 396 of the i.p.c. and sentenced them to imprisonment for life. the appellants were accused nos. 1, 2, 5, 7 and 8 before the sessions judge. a dacoity had taken place in the house of the complainant in village jalalpur on the night intervening 10th and 11th may, 1965 and a f.i.r. was lodged in the morning of 11th at police station barh. in the course of the dacoity a number of articles were looted away and jhapas gope was killed. the evidence against accused 1 consists of 5, 7, 10, 11 and 12 who identified him at the t. i. parade, as also before the committing court and the trial court. evidence against accused 2 consists of identification of 5, 7 and accused 5 was identified by 7, 11, 12 and accused 7. was identified by 7 and 12 and accused 8 was identified by 5, 7 and 12. it appears from the evidence of the prosecution witnesses that the night in question was a moonlit night and the torches were also flashed by the dacoits as also by the members of the complainant party and it was thus, that the witnesses were able to identify the dacoits.2. we have perused the judgment of the high court and that of the sessions judge .....

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Feb 08 1979 (SC)

Jagdish Prashad Vs. State

Court : Supreme Court of India

Decided on : Feb-08-1979

Reported in : AIR1979SC1510; 1979CriLJ1125; (1980)1SCC609; 1979(11)LC503(SC)

s. murtaza fazal ali, j.1. the appellant has been convicted under section 324, ipc to one year's rigorous imprisonment as modified by the high court. it appears that on the date of occurrence namely, 25th august 1971, bishan the deceased was assaulted by a knife and the appellant was seen running away by a crowd collected, and so the members of the crowd including the members of the police arrested him and snatched & kinfe from his hand which contained no blood stains. the high court appears to have relied on the following three circumstances:(i) that the appellant was seen by the three witnesses with a chhuri in his hand; (ii) that he was waiving the chhuri at that time and the witnesses warded off some of the blows with the dandas which they had; and(iii) that the appellant was caught and taken to the police station.2. even if we take these circumstances at their face value they do not exclude the possibility of innocence of the accused. there was no eye witness to prove that the appellant had inflicted any knife blow on bishan, and in the absence of such evidence coupled with the fact that the knife which was snatched from the appellant did not contain any blood stains, it cannot be held that the circumstances proved in the case are incomoatible with the innocence of the accused. it is possible that the accused may have been coming from some other locality with a knife and since he was chased by some persons he waived the knife in order to protect him or to scare away the .....

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Mar 06 1979 (SC)

Sitaram and ors. Vs. State of M.P.

Court : Supreme Court of India

Decided on : Mar-06-1979

Reported in : 1979CriLJ1028; (1979)3SCC644; 1980Supp(1)SCC338

s. murtaza fazal ali, j.1. in these two appeals by special leave, the appellants, except sita ram who has been wrongly included as one of the appellants, have been convicted under sections 302/149 and 302/34 and some of them have been sentenced to imprisonment for life and others to various terms of imprisonment under different sections of i.p.c. it is not necessary to give the necessary particulars in the view that we take in this case. the prosecution case has been detailed in the judgment of the high court and the sessions judge. we have gone through the judgment of the sessions judge; and the high court and we do not find any error of law in the judgment of the high court mr. gupta appearing for the appellants, submitted that the occurrence was the result of a fight between two factions and it was contended that all the members of one family have been implicated due to previous enmity. in order to fortify his argument, counsel for the appellants relies on the report given by one babu kotwar which appears to be at page 1349 of the paper book. this report shows that one babu kotwar of bhandaria appeared at the police station and reported that a quarrel was going on between deshwalis and bharuds in the village, bhandaria. the report does not show that babu kotwar was an eyewitness who had himself seen the occurrence, nor does his report disclose any cognisable offence nor does the informant mention as to whether he had identified any of the accused nor does he disclose the .....

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Mar 09 1979 (SC)

Aher Rama Gova and ors. Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Mar-09-1979

Reported in : AIR1979SC1567; 1979CriLJ1081; (1979)4SCC500

s. murtaza fazal ali, j.1. this appeal by special leave is directed against a judgment of the gujarat high court convicting the three appellants uka gova rama gova and rama sidi under section 326/149 to five years rigorous imprisonment.2. as many as eleven accused were tried by the trial court but all of them were acquitted on the finding that the prosecution case was not proved the state, thereupon filed an appeal to the high court which after reviewing the evidence came to the conclusion that the case against the appellants was fool proof. the central evidence against the accused consists of the testimony of the eye witness p. w. 1 bai mini, widow of the deceased kana naran. this evidence is corroborated by three dying declarations said to have been made by the deceased. one of the dying declaration which is oral is contained in the f.i.r. itself and the other two were made later on: one to the magistrates and another to a police officer. we have gone through the judgment of the high court which has made a very cautious approach to this court would rely on the evidence at pw 3 only if it is corroborated by some other evidence. the high court relied on ex. 77 which was recorded by a taluka magistrate. it is true that the original dying declaration was not produced before the court but from the evidence, it is clear that the original was lost and was not available. the magistrate himself deposed on oath that he had given the original dying declaration to the head constable .....

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Jul 24 1979 (SC)

Dora Phalauli Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Jul-24-1979

Reported in : AIR1979SC1594; (1979)4SCC485; [1980]1SCR93; 1979(11)LC599(SC)

order1. in this appeal filed by certificate, several points have been urged by learned counsel for the appellant. we do not consider it necessary either to state all the points or discuss them as none of them except one has got any substance. the point of substance which in our opinion must succeed in this appeal is as to whether even on the face of the notification issued under section 4 of land acquisition act, 1894 (hereinafter called, the act), an order under section 17(4) dispensing with the compliance with the provisions of section 5-a was validly made. the paragraph of the notification which incorporated apparently the order exercising the power under sub-section (4) of section 17 of the act reads as follows:further in exercise of the powers under the said act, the governor of punjab is pleased to direct that action under section 17 shall be taken in this case on the grounds of urgency and provisions of section 5-a will not 'apply in regard to this acquisition.2. it is to be clearly understood that under sub-section (4), the appropriate government may direct that the provision of section 5-a shall not apply where in the opinion of the state government, the provisions of sub-section (1) or sub-section (2) are applicable, otherwise not. for making the provisions of sub-section (1) applicable, two things must be satisfied that the land in respect of which the urgency provision is being applied is waste or arable and secondly that there is an urgency to proceed in the .....

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Feb 05 1979 (SC)

Erinti Seethayya and ors. Vs. Revenue Divisional Officer and ors.

Court : Supreme Court of India

Decided on : Feb-05-1979

Reported in : AIR1979SC1411; (1979)4SCC534; 1979(11)LC313(SC)

o. chinnappa reddy, j.the question in this appeal is about the compensation, to be awarded for the land belonging to the appellant which was acquired by the government pursuant to a notification dated 17th march, 1960 under section 4(1) of the land acquisition, act the land acquisition officer awarded compensation at the rate of rs. 12 per cent of land. this was confirmed by the learned subordinate judge, anantapur, on a reference under section 18 of the land acquisition act on appeal the high court of andhra pradesh enhanced the compensation to rupees 25 per cent after deducting an extent to 2 acres 69 cents of land from the total extent acquired shri vepa p. sarathi, learned counsel for the appellant argued that compensation was awarded at the rate of rs. 26 per cent in regard to land in the adjoining ramnagar colony which was acquired in the year 1952 and that having regard to the upward trend of prices, higher compensation. should have been awarded for the land which was acquired in 1960. he also urged that the high court was wrong in brushing aside the documents filed on behalf of the appellant on the mere ground that they related to small plots of land. we have gone through the judgment of the high court and we do not think that the appeal raises any question of principle which alone will justify any interference with the decision of the high court. in regard to the ramnagar land, the high court has pointed out that, the present acquired land is by far inferior to that .....

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Oct 16 1979 (SC)

P.C. Cheriyan Vs. Mst. Barfi Devi

Court : Supreme Court of India

Decided on : Oct-16-1979

Reported in : AIR1980SC86; 1979(4)ELT593(SC); (1980)2SCC461; [1980]1SCR961; 1979(11)LC899(SC)

r.s. sakkaria, j.1. whether a lease of a premises for carrying on the business of retreading of tyres is a lease for 'manufacturing purposes' within the contemplation of section 106, transfer of property act, is the only question that falls for consideration in this appeal by special leave directed against a judgment, dated december 11, 1968, of the high court of allahabad. the question arises in these circumstances; the plaintiff-respondent let out the accommodation in dispute at a rent of rs. 850/- per annum to the defendant who was doing the business of retreading of tyres in the said premises. the defendant defaulted in payment of rent. the plaintiff, therefore, sent one (month's notice to the defendant terminating his tenancy. there-after the plaintiff instituted a suit for recovery of arrears of rent and ejectment against the defendant. 2. the suit was resisted, inter alia, on the. ground that the premises in dispute had been let out to him for manufacturing purposes and in view of section 106, transfer of property act, therefore, the lease could be terminated by the landlady only by six months' notice expiring with the end of the year of tenancy, and since the plaintiff had served only 30 days' notice, the same was invalid and ineffective to terminate the tenancy.3. the trial court and the first appellate court concurrently decreed the suit for arrears of rent as well as for ejectment.4. the only ground urged before the first appellate court and the high court was that .....

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Nov 30 1979 (SC)

Neelavathi and ors. Vs. N. Natarajan and ors.

Court : Supreme Court of India

Decided on : Nov-30-1979

Reported in : AIR1980SC691; (1980)2SCC247; [1980]2SCR307; 1980(12)LC246(SC)

orderp.s. kailasam, j.1. the appellants in the appeal by special leave are plaintiffs 1 to 5 in the suit. the plaintiffs 1 to 5 are sisters and defendants 1 to 2 are their brothers. the third defendant is their unmarried sister. they are the children of the late muthukumaraswamy gounder who died intestate on 20-42-1962 leaving his father vanavaraya gounder who was managing all the ancestral joint family property as the head of the hindu undivided joint family till his death on 5-3-1972. the plaintiffs claimed that on the death of muthukumaraswamy gounder his 1/3rd share in the joint family property devolved on ms sons and daughters, his sons, defendants 1 and 2 taking 1/3rd share each in 1/3rd share of the family property by birth and in the balance all the sons and daughters of muthukumaraswamy gounder taking an equal share each. the plaintiffs claimed to have been in joint possession of the properties alongwith vanavaraya gounder and his other sons. similarly on the death of vanavaraya gounder, his 1/3rd share in the family properties devolved upon his heirs, the plaintiffs and defendants 1 to 3 being entitled to certain shares. the claim in the plaint is that each of the plaintiffs is entitled to a share in the suit properties as heirs to late muthukumaraswamy gounder and also as heirs to late vanavaraya gounder, their grand-father. each plaintiff claimed that she was entitled to 1/72 share in the suit properties as heirs to their father muthukumaraswamy gounder and also .....

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Jan 10 1979 (SC)

Ram Lal Narang Vs. State (Delhi Administration)

Court : Supreme Court of India

Decided on : Jan-10-1979

Reported in : AIR1979SC1791; 1979CriLJ1346; (1979)2SCC322; [1979]2SCR923

o. chinnappa reddy, j.1. on the intervening night of 31st march 1967 and 1st april 1967, two sandstone pillars of great antiquity, beauty and value were stolen from suraj kund temple, in village amin (district karnal, haryana). they were of the sunga period (2nd century b.c.) and their present estimated value in the international art treasures' market is said to be around five hundred thousand american dollars. a first information report (f.i.r. no. 72 of 1967) was registered by the police of butana, district karnal. the pillars were recovered on 2nd may 1967. on completion of investigation a charge-sheet was filed on 3rd october 1967 in the court of the ilaqa magistrate at karnal, against one bali ram sharma and two others. the case ended in their acquittal on 16th july 1968. during the pendency of the case one narinder nath malik (n.n. malik) filed an application before the magistrate alleging that he was a research scholar and requesting that he might be given custody of the two pillars to enable him to make a detailed study. at the instance of h.l. mehra, the then chief judicial magistrate, karnal and a friend of n.n. malik, the learned ilaqa magistrate gave custody of the two pillars to n.n. malik on his executing a personal bond in a sum of rs. 20,000/-. the order was written by h.l. mehra himself and signed by the ilaqa magistrate. the pillars remained in the custody of n.n. malik from 1st march 1968 to 27th may 1968, when n.n. malik purported to return them to the .....

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May 02 1979 (SC)

Chettian Veetil Ammad and anr. Vs. Taluk Land Board and ors.

Court : Supreme Court of India

Decided on : May-02-1979

Reported in : AIR1979SC1573; (1980)1SCC499; [1979]3SCR839

shinghal, j.1. the learned counsel for the appellants have categorically stated at the bar that no question relating to the validity of the kerala land reforms act, 1963 (act 1 of 1964), hereafter referred to as the act, or any of its provisions, arises in these appeals by special leave. we have heard them together virtually as companion appeals at the instance of learned counsel for they arise out of several judgments of the high court of kerala in matters relating to the implementation of the provisions for the restriction on ownership and possession of land in excess of the ceiling area and the disposal of excess land. these are the subject mater of chapter iii of the act, as amended from time to time. it is not necessary to refer to the dates of all judgments of the high court of kerala, or to all the points of controversy there, as under counsel have been able to channelise their arguments into three main points of controversy, which have been argued at length. it is true that all these points do not arise in all the cases before us, and some under counsel have raised additional arguments in the peculiar facts and circumstances of their cases. it will therefore be convenient and proper to deal with the three main point's first, and to take up the additional points for consideration with reference to the appeals in which they have been raised for our consideration. this, it is agreed, will be a proper and a fair course to adopt for the disposal of these appeals. it is .....

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