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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2012 Page 7 of about 115 results (0.112 seconds)

Apr 30 2012 (SC)

Deepak Khinchi Vs. State of Rajasthan.

Court : Supreme Court of India

Decided on : Apr-30-2012

1. leave granted.2. this appeal, by grant of special leave, is directed against judgment and order dated 24/01/2011 passed by the high court of rajasthan at jodhpur. by the impugned judgment, learned single judge dismissed criminal revision petition no.853 of 2010 filed by the appellant challenging order of addl. sessions judge (fast track), chittorgarh allowing application submitted by the prosecution under section 311 of the code of criminal procedure, 1973 (for short, "the code") and directing that trial should proceed against the appellant for offences under sections 3,4, 5 and 6 of the explosive substances act, 1908.3. before, we turn to the facts of the case, it is necessary to have a look at section 7 of the explosive substances act, 1908 (for short, "the said act"), as the controversy revolves round the 'consent to prosecute' contemplated therein. it reads thus: "section 7: no court shall proceed to the trial of any person for an offence against this act except with the consent of the central government." it must be stated here that by act 54 of 2001, section 7 was amended and the words 'central government' were substituted by the words 'districtmagistrate'.4. the appellant claims to be a trader registered under the provisions of the rajasthan sales tax act, 1994. according to him, he deals in kerosene, lubricants, paints, varnish, thinner, petroleum products and has a license for the storage of solvents, petrochemicals and raw material issued for the purpose of .....

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May 03 2012 (SC)

ishwardas Rohani Vs. Alok Mishra and ors.

Court : Supreme Court of India

Decided on : May-03-2012

altamas kabir, j.1. leave granted.2. the respondent no.1 herein, shri alok mishra, contested the 2008elections to the madhya pradesh state assembly as a candidate of the indian national congress party from cantt. legislative assembly no.99constituency, jabalpur. he was defeated in the elections by the appellant therein as a candidate of the bharatiya janata party. the said respondent filed election petition no.22 of 2009, challenging the election of the appellant on the ground of corrupt practice, as contemplated in sub-sections (1)(a) and (b), (2), (6) and (7) of section 123 of the representation of the people act, 1951, hereinafter referred to as the"1951 act".3. the grounds relating to corrupt practice, as alleged by the respondent no.1 herein, inter alia, were to the following effect :i. as an ex-m.l.a. and ex-speaker of the vidhan sabha and being a close associate of the chief minister of the state, the appellant was able to exert undue influence on the collector, the district returning officer and other authorities for procuring their assistance for the furtherance of his prospects in the elections;ii. that on 2nd november, 2008, when the respondent no.1 was returning to jabalpur from new delhi, as the authorized candidate of the indian national congress, his supporters, who came to meet him at the railway station, were arrested, whereas the very next day, no action was taken against the supporters of the appellant herein who had deployed as many as 300 vehicles in the .....

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Oct 18 2012 (SC)

Satbir Alias LakhA. Vs. State of HaryanA.

Court : Supreme Court of India

Decided on : Oct-18-2012

fakkir mohamed ibrahim kalifulla, j.1. the second accused is the appellant before us. the challenge is to the common judgment of the high court of punjab & haryana at chandigarh in criminal appeal nos.488-sb/1995 and 580-sb/1995 dated 30.04.2009. by the impugned judgment, learned single judge of the high court confirmed the conviction and sentence imposed on all the accused. the facts relating to the filing of this appeal, briefly stated, are that on 18.02.1992, ravi dass jayanti was being celebrated in the village saniana from donations collected from public. one joginder singh asked the appellant and dalbir to spend the excess amount for the upkeep of the temple. at about 8 p.m. on that day, one subhash s/o nafe singh (complainant), jasbir singh (pw-7), kashmir singh (pw-6), joginder singh and surender singh were present in the shop of one kitab singh, a tailor master. at that point of time, accused came to the spot and the appellant stated to have questioned subhash (complainant) and others as to on what authority they were demanding for the accounts of the donation collections. when exchange of words took place between the complainant party and the accused party, the tailor kitab singh asked them not to indulge in such quarrel inside his shop and to get out of the shop. thereafter all of them went out and came down to the public street and in the course of their continued quarrel, the first accused also by name subhash s/o ram kumar stated to have inflicted a knife blow .....

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Oct 09 2012 (SC)

Raj Paul Singh and anr. Vs. State Through P.S. Musheerabad, Hyderabad.

Court : Supreme Court of India

Decided on : Oct-09-2012

a.k. patnaik, j.1. this is an appeal against the judgment and order dated 16.04.2007 of the andhra pradesh high court in criminal appeal no. 1258 of 2005.2. the facts very briefly are that on 19.04.2004 santoshi (hereinafter referred to as 'the informant) lodged an fir in musheerabad p.s., district hyderabad, alleging that on 18.04.2004 at about 9.30 p.m. her husbands brother, the appellant no.1, came in an auto in a fully drunken condition, went to his house situated opposite to her house and started abusing her in filthy language and her husband, she and their children came down from their portion on the first floor and her husband warned the appellant not to abuse him, but the appellant did not listen and he asked his wife to get a knife and his wife, appellant no.2 herein, went to the kitchen and brought one knife and gave it to the appellant no.1 and the appellant no.1 took the knife and stabbed the husband of the complainant on the left side of his chest and as a result the husband of the informant fell down with bleeding injury and he was taken to the sagarlal hospital, where he died subsequently. the inspector of the p.s. musheerabad, m. bhasker reddy, registered a case under section 302 read with section 34 of the indian penal code, 1860 (for short 'the ipc). he visited the hospital, the scene of occurrence, conducted the inquest and sent the dead body of the deceased for post mortem examination. the appellant no.1 was then arrested and at his instance the knife .....

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Dec 14 2012 (SC)

Lahu Kamlakar Patil and anr. Vs. State of MaharashtrA.

Court : Supreme Court of India

Decided on : Dec-14-2012

dipak misra, j.1. the present appeal has been preferred by original accused nos. 2 and 3 assailing the judgment of conviction and order of sentence passed by the high court of judicature at bombay in criminal appeal no. 790 of 1989 whereby the high court has confirmed the conviction and sentence passed by the learned additional sessions judge, raigad, alibag in sessions case no. 113 of 1988 for offences punishable under sections 302, 147, 148, 149 and 452 of the indian penal code, 1860 (for short "the i.p.c.") and sentenced the appellants to suffer life imprisonment and pay a fine of rs.1,000/- each, in default, to suffer simple imprisonment for six months.2. filtering the unnecessary details, the prosecution case is that on 19.2.1988, pw-1, chandrakant phunde, the informant, who is the owner of a rickshaw bearing no. mct-858, while going from somatane to panvel for his business, met pw-2, janardan bhonkar, who hired his rickshaw for panvel. on the way, they met the deceased shriram @ bhau harishchandra patil who wanted to go in the rickshaw and with the consent of janardan, the three of them proceeded towards panvel. the deceased, bhau harishchandra patil, went to gemini tailors to pick up his stitched clothes at palaspe phata and thereafter they stopped near milan hotel to have some snacks. as the prosecution story proceeds, when they were inside the hotel, 10 to 15 people entered inside being armed with swords, iron bars and sticks. as alleged, lahu kamlakar patil, the .....

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Dec 14 2012 (SC)

Attar Singh. Vs. State of MaharashtrA.

Court : Supreme Court of India

Decided on : Dec-14-2012

gyan sudha misra, j.this appeal has been preferred against the judgment and order dated 26.6.2008 passed by the high court of judicature at bombay, bench at aurangabad in criminal appeal no. 7/2007 whereby the high court upheld the judgment and order passed by the sessions judge, dhule in sessions case no. 90/2005 by which the appellant had been convicted for an offence under section 302, indian penal code (i.p.c. for short) and was sentenced to undergo life imprisonment along with a fine of rs.1,000/-. in default of payment of fine, he was ordered to undergo simple imprisonment for three months.2. the appellant was initially charged and tried for an offence under section 302 and 498-a of the i.p.c. for killing his wife by hitting her on her head with a woodenlog as he was suspecting her loyalty and character.3. the specific case of the prosecution which was registered under section 302 and 498-a of the i.p.c. is that the appellant- attarsingh barakya pawara was residing along with his wife and 9 children at village majanipada in shirpur taluk. on 22.6.2005, the complainant-khandu kalu ahire who is also the village kotwal received an information from one ramesh pawara, resident of majanipada and appa shahada pawara, resident of fattepur village that the appellant attarsing has committed murder of his wife by hitting her with a woodenlog on her head. on receipt of this information, the village kotwal along with the sarpanch bhatu ditya and one rattan lalsing went to the .....

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Jan 25 2012 (SC)

Deepa Thomas and ors. Vs. Medical Council of India and ors.

Court : Supreme Court of India

Decided on : Jan-25-2012

cyriac joseph, j. 1. leave granted. 2. the short question that arises for consideration in these civil appeals is whether this court should direct the respondents including the medical council of india (for short `mci'), the university of calicut and the mahatma gandhi university, kottayam to permit the appellants to continue and complete the mbbs course to which they were admitted in the different private unaided medical colleges in kerala in the academic year 2007-08, though they were not eligible for such admissions as per the regulations of the mci, but had satisfied all the eligibility criteria stipulated in the prospectus for mbbs admission, 2007 issued by the respondent-medical colleges. the appellants are stated to be victims of a mistake or omission crept in the prospectus as regards the eligibility criteria for admission. when the mci regulations insist on a minimum of 50% marks both in the qualifying examination and in the competitive entrance examination (for short `cee') separately, the prospectus did not specify that separate 50% marks were required in the cee also. though the appellants had secured more than 50% marks in the qualifying examination, they could secure only less than 50% marks in the cee. without noticing and without being aware of the difference between the mci regulations and the prospectus in respect of the eligibility criteria, the appellants took admission in the medical colleges. immediately after the admission the colleges sent the list of .....

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Feb 07 2012 (SC)

Absar Alam at Afsar Alam Vs. State of Bihar.

Court : Supreme Court of India

Decided on : Feb-07-2012

a. k. patnaik, j. 1. this is an appeal by way of special leave under article 136 of the constitution of india against the judgment and order dated 16.07.2009 of the patna high court in death reference no. 7 of 2008 with criminal appeal (db) no.169 of 2008. on 18.01.2010, this court issued notice in the special leave petition confined to the question of sentence only and on 02.08.2010 after hearing learned counsel for the parties, granted leave. hence, the only question that we have to decide in this appeal is whether the high court was right in confirming the death sentence of the appellant imposed by the trial court. 2. for deciding this question, the relevant facts as have been found by the trial court are that in the midnight of 14/15.02.2007, the appellant killed his mother by cutting her neck and severing her head and thereafter fled from the house with the head of his mother leaving behind her body. the trial court, after convicting the appellant under sections 302 and 201 of the indian penal code (for short `ipc'), held that the appellant committed the murder of his mother in an extremely brutal, grotesque, diabolical and revolting manner and hence it is one of those rarest of the rare cases calling for a death sentence on the appellant. the high court, while upholding the conviction, confirmed the death sentence relying on the decision of this court in machhi singh and others v. state of punjab [(1983) 3 scc 470]. in the aforesaid case of machhi singh, this court has .....

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Mar 15 2012 (SC)

Bhajju Alias Karan Singh Vs. State of M.P.

Court : Supreme Court of India

Decided on : Mar-15-2012

Reported in : 2012(4)SCC327

swatanter kumar, j.1. the present appeal is directed against the judgment of conviction and order of sentence dated 9th february, 1998 passed by the court of sessions judge, tikamgarh and affirmed by the high court of madhya pradesh, bench at jabalpur, vide its judgment dated 7th august, 2007.2. the facts giving rise to the present appeal fall within a very narrow compass and are being stated at the very outset. bhajju @ karan singh, the appellant herein, was married to medabai, the deceased, and was living in niwadi, district tikamgarh, madhya pradesh. bhajju had doubts about the chastity of his wife and often used to accuse her of having illicit relations with one ramdas. according to the appellant, she also had a lose temper and on one occasion, she had left their one month old child on a platform and had gone to her parental house along with her son, harendra, aged about four years.it is stated that he had even reported this incident at the police station, niwadi, on 2nd september, 1995. on the other hand, the prosecution has alleged that besides accusing the deceased of having illicit relations, he used to ill-treat her and even question the paternity of the children born out of the wedlock. in fact, on the evening before the incident in question, he had beaten his wife with slipper. on 12th september, 1995, at about 7.00 a.m., when she was cleaning the kitchen, bhajju poured kerosene oil on her and set her ablaze with the help of a match stick. she raised hue and cry. .....

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May 01 2012 (SC)

Dsr Steel (P) Ltd Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : May-01-2012

1. these appeals under section 125 of the electricity act, 2003 call in question the correctness of an order dated 23rd november, 2006, passed by the appellate tribunal for electricity whereby a batch of appeals including those filed by the appellants against an order dated 8th june, 2006 passed by the rajasthan electricity regulatory commission, have been dismissed.2. jaipur vidyut vitran nigam limited ('jvvnl' for short), jodhpur vidyut vitran nigam limited ('jdvvnl' for short) and ajmer vidyut vitran nigam limited ('avvnl' for short), submitted separate applications before the rajasthan electricity regulatory commission (for short 'commission') at jaipur in terms of sections 62 and 64 of the electricity act, 2003 for revision of tariff to be effective from december 1, 2004.each one of these distribution companies ('discoms' for short) had an existing tariff but in their respective applications they sought an identical tariff revision which requests were taken up by the commission for consideration together and disposed of in terms of a common order dated 17th december, 2004, passed after notices regarding filing of the said applications were published in different newspapers having circulation in the state of rajasthan. several objections were filed and suggestions made by nearly 100 individuals and organisations in the course of the proceedings before the commission. all these objections were then considered by the commission no matter only 38 of those who had filed the .....

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