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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2012 Page 8 of about 115 results (0.145 seconds)

May 29 2012 (SC)

Narendra Champaklal Trivedi and anr. Vs. State of Gujarat.

Court : Supreme Court of India

Decided on : May-29-2012

dipak misra, j.1. the present appeals are directed against the judgment of conviction and order of sentence dated 14.10.2011 passed by the learned single judge of the high court of gujarat at ahmedabad in criminal appeal no. 31 of 1999 whereby the appellate court has confirmed the judgment and order of conviction and sentence dated 1st of december, 1998 passed by the learned additional special judge, bhavnagar in special case no. 6 of 1994, wherein the learned additional special judge had convicted the appellants for the offence punishable under section 7 of the prevention of corruption act, 1988 (for brevity `the act) and sentenced them to undergo rigorous imprisonment of six months with fine of rs.5,000/- each, in default of payment of fine, to suffer simple imprisonment for a period of one month and further convicted them under section 13(2) of the act and sentenced them to undergo rigorous imprisonment for a period of one year with a fine of rs.5,000/- each, in default, to suffer simple imprisonment for a period of one month with the stipulation that both the sentences would be concurrent.2. the broad essential facts of the prosecution case are that the complainant, gajendra jagatsinh jadeja, was residing in plot no. 1 in virbhadranagar society. as in the city survey office record, the name of his grandfather stood recorded in respect of the premises in question, the complainant in order to obtain the property card and the sketch of the same, went to the office of the .....

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Aug 17 2012 (SC)

Kalu Alias Amit. Vs. the State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Aug-17-2012

(smt.) ranjana prakash desai, j.1. these two appeals, by special leave, can be disposed of by a common judgment as they challenge the judgment and order dated 11/7/2006 passed by the high court of punjab & haryana whereby the high court dismissed the criminal appeal filed by the appellant - kalu @ amit (original accused 3) and the criminal appeal filed by appellants joginder and varun kumar (original accused 1 and 2 respectively) challenging judgment and order dated 7/9/2000 delivered by the additional sessions judge, rewari convicting them for offence under section 302 read with section 34 of the indian penal code (for short, the ipc) and sentencing them to life imprisonment. we shall refer to the accused wherever necessary by their names, for the sake of convenience.2. the case of the prosecution is that on 7/4/1999 pw-5 ram chander yadav had gone to ahir college, rewari for attestation of his certificates. he met pw-4 karambir yadav there. at about 8.30 a.m., he went to geography department of the college. pushpinder (the deceased) was standing there. the deceased asked pw-5 ram chander yadav as to how he was there. pw-5 ram chander yadav informed him that he was there as he had to get copies of his certificates attested. by that time, suddenly, the accused equipped with deadly weapons came running towards the deceased, who was standing in the company of pw-5 ram chander yadav and pw-4 karambir yadav. kalu @ amit dealt a sword blow on the takna (ankle) of the deceased .....

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Sep 20 2012 (SC)

Payal Vision Ltd. Vs. Radhika Choudhary

Court : Supreme Court of India

Decided on : Sep-20-2012

t.s. thakur, j.1. leave granted.2. in a suit for possession and recovery of mesne profit filed by the plaintiff- appellant before the trial court of additional district judge, delhi, the plaintiff prayed for a decree for possession in its favour on admissions, invoking the courts powers under order xii rule 6 of the code of civil procedure, 1908. the trial court examined the prayer and held that the jural relationship of landlord and tenant was admitted between the parties and so was the rate of rent as settled by them. service of a notice terminating the tenancy of the defendant-respondent also being admitted, the trial court saw no impediment in decreeing the suit for possession of the suit property. the application filed by the plaintiff-appellant under order xii rule 6 of the cpc was accordingly allowed and the suit filed by the plaintiff to the extent it prayed for possession of the suit property decreed in its favour.3. aggrieved by the decree passed against the respondent, the respondent filed regular first appeal no. 81 of 2009 before the high court of delhi which was allowed by the high court in terms of its order dated 14th march, 2011 reversing the judgment and decree passed by the trial court and remanding the matter back to the said court for disposal in accordance with law. the present appeal by special leave assails the correctness of the said judgment.4. mr. nagendra rai, learned counsel appearing on behalf of the appellant, strenuously argued that the high .....

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Sep 26 2012 (SC)

Ashrafkhan Alias Babu Munnekhan Pathan and ors. Vs. State of Gujarat a ...

Court : Supreme Court of India

Decided on : Sep-26-2012

chandramauli kr. prasad, j.these appeals have been filed against the judgment and order dated 31st of january, 2002 passed by additional designated judge, court no.3, ahmedabad city in tada case nos. 15/1995 and 6/1996 consolidated with tada case nos. 32/1994 and 43/1996.according to the prosecution, abdul wahab abdul majid khan was arrested in a case of murder. on being interrogated in that case, he made startling and shocking revelations. he disclosed that accused yusuf laplap, who is involved in illegal business of liquor and running a gambling den is in possession of four foreign made hand grenades, revolvers and ak-47 rifles. the fountainhead of the weapons, according to the information is notorious criminal abdul latif shaikh and came at the hand of accused yusuf laplap through his close associate accused abdul sattar @ sattar chacha. sattar gave the arms and explosives to accused siraj @ siraj dadhi, a constable attached to vejalpur police station. he in turn delivered those arms and explosives to accused imtiyaz nuruddin, the servant of yusuf laplap at latters instance. the aforesaid information was passed on to a.k. suroliya, the deputy commissioner of police, crime branch. the police party searched the house of the accused yusuf laplap in the night and found him leaving the house with two bags. from one of the bags one revolver with isi mark and five foreign made hand grenades were recovered and from another bag five detonators having clips affixed to it were found. .....

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Oct 04 2012 (SC)

Winston Tan and anr. Vs. Union of India and anr.

Court : Supreme Court of India

Decided on : Oct-04-2012

r.m. lodha, j.1. leave granted.2. the forfeiture of flat no. 4, kamala mansion, ground floor, promenade place, no. 45/2, promenade road, bangalore 560 042 under section 7 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, to be referred as safema, is the subject matter in this appeal. col. k. m. somana (retd.) was the original owner of that flat. on 20.3.1997, he sold the flat to mohd. ismail shabandari and his wife fathima kauser ismail by a sale deed which was registered in the office of the sub-registrar, bangalore.3. mohd. ismail shabandari was detained under conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short, cofeposa) on 2.5.2003. the detention order came to be passed at the instance of the enforcement directorate, bangalore; his premises were searched on 31.7.2002. in that search indian currency of rs. 13,50,000/- along with incriminating materials showing illegal transfer of money from abroad was seized. the documents seized from the residence of mohd. ismail shabandari on 31.7.2002 by the enforcement directorate also indicated that he had received rs. 92,09,480/- from different persons as instructed by one hussain sherrif of dubai and he had made payments in india to various persons to the tune of rs. 78,59,480/- leaving a balance of rs. 13,50,000/- which was seized at the time of search. it was in this backdrop that the order dated 2.5.2003 for detention of mohd. ismail shabandari .....

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Oct 04 2012 (SC)

Board of Trustees of Martyrs Memorial Trust and anr. Vs. Union of Indi ...

Court : Supreme Court of India

Decided on : Oct-04-2012

r.m. lodha, j.1. this appeal raises the question pertaining to cancellation of allotment of government accommodation nos. 1 and 2, civil lines, ballia (u.p.) (hereinafter referred to as "government accommodation").2. martyrs memorial trust (shaheed smarak nyas), the first appellant, a public charitable trust (for short "the trust"), was constituted by a deed of declaration dated june 5, 1997. the preamble of the deed of trust records that the people of india suffered immensely under the british rule for more than two hundred years and at the call of mahatma gandhi, thousands of men and women from different walks of life joined the national freedom movement and directly associated themselves with various constructive programmes. it was decided to constitute a public charitable trust in the fond memory of the martyrs and freedom fighters hailing from ballia and eastern uttar pradesh with a view to perpetuate their names and strengthening the task of nation building.3. on august 19, 1992, the then prime minister of india mr. p.v. narasimha rao, on the occasion of golden jubilee celebration of the quit india movement of 1942 at ballia, had announced while addressing a meeting at jayaprakash nagar, the birth place of shri jayaprakash narayan, that a sum of rupees one crore would be made available by the government of india for the construction of shaheed smarak (martyrs memorial) at ballia. the then chief minister of uttar pradesh also announced a sum of rs. 25 lakhs for this .....

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Nov 01 2012 (SC)

Subulaxmi. Vs. M.D. Tamil Nadu State Transport Corporation and ors.

Court : Supreme Court of India

Decided on : Nov-01-2012

dipak misra, j.1. delay condoned. leave granted.2. the appellant as claimant filed an application under section 166 of the motor vehicles act, 1988 (for brevity 'the act') before the motor accidents claims tribunal, srivilliputtur (for short 'the tribunal') forming the subject matter of mcop no. 244 of 1999, putting forth a claim of rs.6,50,000/- as compensation for the injuries sustained by her in a motor vehicle accident. her claim petition was tried along with the petition preferred by one mrs. muthammal, the applicant in mcop no. 245 of 1999.3. the facts which are essential to be exposited are that on 13th march, 1998, the claimant-appellant, aged about 30 years, a match industry worker while travelling in a bus bearing registration number tn 59-n0912 belonging to the tamil nadu state transport corporation, madurai division (v), the respondent no. 2 before the tribunal, met with an accident with another bus bearing registration number tn 59-n0912 belonging to the madurai division (i) of the said corporation, the respondent no. 1 therein. the accident occurred because of careless and negligent driving of the drivers of both the vehicles. in the accident, the claimant suffered grievous injuries which eventually resulted in the amputation of left leg below knee and abrasion in right shoulder and later amputation of right foot. it was averred that she was earning a sum of rs.1,500/- per month at the time of accident and remained in the hospital for a period of five and half .....

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Nov 09 2012 (SC)

Shantibhai J. Vaghela and anr. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Nov-09-2012

ranjan gogoi, j.1. leave granted.2. the present appeals seek to challenge a judgment dated 10.01.2011 passed by the high court of gujarat at ahmedabad allowing criminal miscellaneous application no. 13519 of 2009 filed by the accused (respondents herein) seeking quashing of the criminal case registered against them under section 304 of the indian penal code. by its aforesaid order the high court has also dismissed special criminal application no. 770 of 2009 filed by the appellants, shantibhai j. vaghela and prafulbhai j. vaghela, seeking investigation of the aforesaid case against the accused by the central bureau of investigation. the high court has, however, directed that the proceedings against the accused respondents so far as the offence under section 304a of the ipc and section 23 of the juvenile justice (care and protection) act, 2000 may continue.3. the core facts in which the aggrieved parties had moved the high court may now be noticed:the appellants shantibhai j. vaghela and prafulbhai j. vaghela, who are related to each other, are the fathers of one dipesh (born 1998) and abhishek (born 1999). the aforesaid two children were admitted in class vi and v respectively in a gurukul located in an ashram of sant shree asharamji situated at motela. they were residing in the gurukul of the ashram. on 03.07.2008 both the children had gone to the dining hall of the gurukul at about 8.00 pm to have their dinner. at the time of taking the attendance of the students after .....

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Dec 03 2012 (SC)

PravIn Gada and anr. Vs. Central Bank of India and ors.

Court : Supreme Court of India

Decided on : Dec-03-2012

dipak misra, j.1. leave granted.2. the present appeals by special leave have been preferred questioning the defensibility of the order dated 20th september, 2011 passed by the division bench of the high court of judicature at bombay in writ petition nos. 2689 of 2011, 7488 of 2011 and 7489 of 2011 whereby the high court has quashed the order dated 3rd march, 2011 passed by the debt recovery appellate tribunal (for short 'the drat) wherein the drat had set aside the order of the debt recovery tribunal (for short 'the drt') and restored the confirmation of sale conducted by way of public auction in favour of the respondents, who are the appellants herein.3. shorn of unnecessary details, the facts which are essential to be stated for disposal of these appeals are that a company by the name of jay electric wire corporation ltd. had a factory at mysore situate on land admeasuring approximately 4.4 acres comprised in plots 44 and 47 in serial nos. 55 and 69 in the industrial area of village habal and serial no. 33 of metagally, hobla kasba. the said company, which closed down in february, 1995, had about 149 workers. as dispute arose between the workmen and the management because of termination, the matter was referred to the industrial tribunal at mysore after the reference made under section 10 of the industrial disputes act, 1947 and the said tribunal, vide award dated 5th january, 2001, directed the employer to pay back wages to the workmen with effect from 6th february, 1995 .....

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Dec 04 2012 (SC)

Jeetu Alias Jitendera and ors. Vs. State of Chhattisgarh.

Court : Supreme Court of India

Decided on : Dec-04-2012

dipak misra, j.1. leave granted.2. the present appeal by special leave is directed against the judgment of conviction and order of sentence passed by the high court of chattisgarh at bilaspur in criminal appeal no. 639 of 2009 whereby the high court affirmed the conviction of the appellant for offences punishable under sections 147 and 327/149 of the indian penal code (for short "the i.p.c."), but reduced the sentence from three years rigorous imprisonment on the second score to one year and maintained the sentence of rigorous imprisonment for three months in respect of the offence on the first score i.e. section 147, i.p.c. be it noted, both the sentences were directed to be concurrent.3. the facts as has been exposited are that on the basis of an f.i.r. lodged by the informant, aarif hussain, pw-10, at 11.50 p.m. on 16.4.2008 alleging that about 10.00 p.m. when he was going towards telibandha p.s., the accused persons met him near telibandha chowk and demanded rs.500/- for liquor and on his refusal they took him towards awanti vihar railway crossing in an auto rickshaw and assaulted him, crime case no. 129/2008 was registered under sections 327, 366 and 323 read with section 34 of the i.p.c. at the concerned police station. after the criminal law was set in motion, said aarif hussain was medically examined by dr. vishwanath ram bhagat, pw-1, and as per the injury report, exhbt. p-1, he had sustained four injuries on his person. the investigating officer, after completing .....

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