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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2012 Page 8 of about 115 results (0.131 seconds)

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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Apr 27 2012 (SC)

P.A.Mohammed Riyas Vs. M.K.Raghavan and ors.

Court : Supreme Court of India

Decided on : Apr-27-2012

altamas kabir, j.1. the appellant herein, who contested the parliamentary elections held on 16th april, 2009 for the no.05 - kozhikode constituency of the lok sabha, challenged the election of the respondent, shri m.k. raghavan, who was the returned candidate from the said constituency, by way of an election petition filed under section 81 read with sections 100, 101 and123 of the representation of the people act, 1951, hereinafter referred to as the "1951 act". the appellant contested the election as the official candidate of the communist party of india (marxist), hereinafter referred to as the "cpi(m)" led by the left democratic front, hereinafter referred to as the "ldf", whereas the respondent no.1 was a candidate of the indian national congress and he contested the election as the candidate of the united democratic front, hereinafter referred to as the "udf".2. the ground on which the election of the respondent no.1 was challenged was that he had published false statements with regard to the appellant and thereby committed corrupt practice within the meaning of section 123(4) of the 1951 act, which provides that the publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any statement of fact which is false in relation to the personal character, conduct of any candidate, shall be deemed to be guilty of corrupt practice within the meaning of section 123 of the 1951 act. the details of the publications have .....

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Apr 23 2012 (SC)

C.N.Ramappa Gowda Vs. C.C.Chaqndergowda (D) by Lrs.and anr.

Court : Supreme Court of India

Decided on : Apr-23-2012

gyan sudha misra, j.1. the impugned order dated 05.10.2010 passed by the division bench of the high court of karnataka at bangalore in r.f.a.no. 597/2004 is under challenge in this appeal after grant of special leave at the instance of the plaintiff-appellant by which the high court has set aside the judgment and decree of partition passed in favour of the plaintiff- appellant by the civil judge (sr. divn.) chikmagalur dated 28.01.2004 and the appeal was remanded to the trial court in order to consider the matter afresh. the defendants-respondents herein have also been granted liberty to file written statement and produce the documents within four weeks from the date of the order passed by the high court and the trial court was directed to dispose of the suit on merits in accordance with law within a period of six months. however, the decree of partition which the plaintiff- appellant already got executed in his favour was made subject to the result of retrial of the suit.2. (i) the core question which requires determination in this appeal is whether the high court exceeded its jurisdiction by directing the trial court for retrial of the suit and permitting the defendants to file written statement and documents without assigning any justifiable and legally sustainable reason particularly when the defendants-respondents were admittedly served with the summons and were also duly represented by their advocate in the trial court?(ii) further question which is related to the issue .....

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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 11 2012 (SC)

Sahara India Real Estate Corp. Ltd. Vs. Securities and Exchange Board ...

Court : Supreme Court of India

Decided on : Sep-11-2012

s.h. kapadia, cji.introduction1. finding an acceptable constitutional balance between free press and administration of justice is a difficult task in every legal system.factual background2. civil appeal nos. 9813 and 9833 of 2011 were filed challenging the order dated 18.10.2011 of the securities appellate tribunal whereby the appellants (hereinafter for short sahara) were directed to refund amounts invested with the appellants in certain optionally fully convertible bonds (ofcd) with interest by a stated date.3. by order dated 28.11.2011, this court issued show cause notice to the securities and exchange board of india (sebi), respondent no. 1 herein, directing sahara to put on affidavit as to how they intend to secure the liabilities incurred by them to the ofcd holders during the pendency of the civil appeals.4. pursuant to the aforesaid order dated 28.11.2011, on 4.01.2012, an affidavit was filed by sahara explaining the manner in which it proposed to secure its liability to ofcd holders during the pendency of the civil appeals.5. on 9.01.2012, both the appeals were admitted for hearing. however, ia no. 3 for interim relief filed by sahara was kept for hearing on 20.01.2012.6. on 20.01.2012, it was submitted by the learned counsel for sebi that what was stated in the affidavit of 4.01.2012 filed by sahara inter alia setting out as to how the liabilities of sahara india real estate corporation ltd. (sirecl) and sahara housing and investment corporation (shicl) were to be .....

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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 03 2012 (SC)

M.R. Prabhakar and ors. Vs. Canara Bank and ors.

Court : Supreme Court of India

Decided on : Oct-03-2012

k. s. radhakrishnan, j.1. leave granted.2. we may, for the disposal of these appeals, deal with the facts in civil appeals arising out of slp (c) nos. 30983-30986 of 2008, since common questions arise for consideration in all these appeals.3. we are, in these appeals, concerned with the legality of the claim for pension in lieu of contributory provident fund (for short cpf) of some officers of the canara bank who had resigned and stood relieved from their respective posts prior to 3.6.1993, i.e. prior to signing of the statutory settlement dated 29.10.1993 under the industrial disputes act, 1947, the joint note dated 29.10.1993, followed by the canara bank pension regulations, 1995 (for short regulations 1995), which was notified in the gazette of india on 29.9.1995.4. the learned single judge of the high court held in favour of the appellants but the division bench of the high court held otherwise. hence, these appeals.5. we may, as already indicated, refer to the facts of the case in civil appeals arising out of slp (c) nos. 30983-30986 of 2008. the appellants date of appointment and their resignation are as under: |position of the |date of appointment |date of resignation | |petitioner as per cause | | | |list | | | |m.r. prabhakar |27-05-1970 |04-06-1991 | |s. ananda rao |09-09-1970 |22-09-1990 | |n. anand |17-12-1969 |19-04-1993 | |s. k. mehta |15-12-1965 |01-05-1991 | |n.v. rangaswamy |24-07-1968 |09-01-1991 | |s. sathyanarayan |07-0701970 |03-06-1993 | |k. s. seshadri .....

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