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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 2012 Page 10 of about 115 results (0.099 seconds)

Oct 10 2012 (SC)

Avtar Singh and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Oct-10-2012

fakkir mohamed ibrahim kalifulla, j.1. these two appeals arise out of the common judgment dated 27.03.2009 passed in criminal appeal no.916-db/2006 of the high court of punjab & haryana at chandigarh. the second accused is the appellant in criminal appeal no.1475/2010. accused nos. 4 to 9 are the appellants in criminal appeal no.1476 of 2010.2. according to the case of prosecution, there was a civil suit pending as between hansa singh (pw-11) and surjit singh s/o kundan singh (dw- 2) at samana (punjab), that there was also an interim order granted by the civil court in favour of hansa singh (pw-11) as against surjit singh, that after hearing was over on 09.04.2003 in the civil court, the complainant party returned back home and were present at the house of pw-10 harmesh singh s/o amarjit singh in the evening. at that time, one desa singh, uncle of harmesh singh (pw-10) came and informed that some persons had gathered near the land with reference to which the litigation was pending in the court at samana and that they might harvest the crops belonging to hansa singh (pw-11). on hearing the said information, harmesh singh (pw-10) along with his father the deceased amarjit singh, his uncle hansa singh, ujagar singh s/o chuman singh, paramjit singh s/o surjit singh, karnail singh s/o phuman singh, surjit singh s/o atma singh, darshan singh s/o surjeet singh, teja singh s/o karta singh, ranjit singh s/o phuman singh all residents of bhatian village proceeded towards the field of .....

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Oct 12 2012 (SC)

Pratapbhai Hamirbhai Solanki. Vs. State of Gujarat and anr.

Court : Supreme Court of India

Decided on : Oct-12-2012

dipak misra , j .1. leave granted.2. grieved by the order of rejection of prayer for bail for offences punishable under sections 302, 201 and 120-b of the indian penal code, 1860 (for short the ipc') and under sections 25(1)(b) and 27 of the arms act, 1959 in criminal misc. application no. 9576 of 2011 dated 26.7.2011 by the high court of gujarat at ahmedabad, the appellant, accused no. 4, has preferred the present appeal by special leave under article 136 of the constitution.3. the appellant was arraigned as an accused in crime/f.i.r. no. 163/2010 for the aforesaid offences and the investigation was conducted by the cid (crime), ahmedabad. the prosecution case, in brief, is that an fir was registered against two persons on 20th of july, 2010 about 8.40 pm. they came on a bajaj motorcycle having registration no. gj-1-dq-2482. at the corner of "satyamev complex-i", opposite gujarat high court at s.g. highway, they fired at one amitbhai bhikhabhai jethwa from their country made revolver on the left part of his back and caused injuries to which he succumbed and they immediately disappeared from the scene of occurrence. after the criminal law was set in motion, the investigating agency commenced investigation and after completion, placed the charge-sheet before the competent court.4. during pendency of investigation, an application was filed before the learned session judge for grant of bail contending, inter alia, that the name of the appellant was not found in the fir; that he .....

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Oct 12 2012 (SC)

Murugesan and ors. Vs. State Through Inspector of Police.

Court : Supreme Court of India

Decided on : Oct-12-2012

Reported in : (2012)10SCC383

ranjan gogoi, j.1. this appeal, under section 379 of the code of criminal procedure, 1973 is against the order of the high court of madras reversing the acquittal of the appellants and convicting and sentencing each one of them under different sections of the indian penal code (hereinafter shall be referred to as 'ipc'). all the accused persons have been convicted under section 120 b of the ipc and sentenced to undergo rigorous imprisonment for a period of seven years each. the accused appellants have also been found guilty under section 302 of ipc for their individual acts or constructively under section 34/149 ipc for commission of the said offence. they have been accordingly sentenced to undergo rigorous imprisonment for life. some of the appellants have also been found guilty of the offences under section 148 and section 332 read with section 149 ipc for which sentence of rigorous imprisonment of three years have been imposed. aggrieved the present appeal has been filed.2. for the sake of clarity reference to the accused is hereinafter being made in the chronological order arranged in the proceedings of the trial and the three deceased, i.e., veeraperumal, karumpuli and madaswamy are being referred to as d-1, d-2 and d-3 respectively.the case of the prosecution, in short, is that there was a land dispute between karumpuli (d-2) and his family and a-1, thirumani, and his party. there were civil litigations between the parties over the said property. according to the .....

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Oct 15 2012 (SC)

Uco Bank and ors. Vs. Sushil Kumar SahA.

Court : Supreme Court of India

Decided on : Oct-15-2012

k.s. radhakrishnan, j.1. leave granted.2. the question that is posed for consideration in this case is whether the disciplinary authority of the erstwhile place of posting, where irregularities stated to have occurred/committed, could institute and complete the disciplinary proceedings against the erring officials (both officer and award staff), notwithstanding the fact that such persons are later posted under the administrative jurisdiction of some other authorities.3. the high court, placing reliance on regulations 5(1) and 6 of the uco bank (discipline and appeal) regulations, 1976 [for short 'regulations 1976'] read with schedule thereto, took the view that it was only the deputy general manager (for short 'dgm') who had the power to initiate disciplinary proceedings against the respondent and not the assistant general manager (for short 'agm'), as per the schedule to regulations 1976, since at the time of initiation of proceedings he was under the jurisdiction of the dgm. the high court, therefore, set aside the entire disciplinary proceedings, including the charge-sheet, enquiry report, final order of punishment and the appellate order and directed the bank to release all the admissible service benefits and pay admissible dues to the respondent. we are, in this case, concerned with the legality of the order of the high court.4. the respondent joined the services of the appellant uco bank (for short 'bank') as the field officer on 11.11.1978. he was later promoted to the .....

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Oct 16 2012 (SC)

Kanwar Singh MeenA. Vs. State of Rajasthan and anr.

Court : Supreme Court of India

Decided on : Oct-16-2012

(smt.) ranjana prakash desai, j.1. leave granted.2. the appellant is the brother of one purna singh meena. on 20/5/2009, he lodged a complaint in respect of murder of purna singh meena ("the deceased") against khushi ram meena, who is respondent 2 herein and five others at gandhi nagar police station, district jaipur city (east), which was registered under sections 147, 148, 149, 364 and 302 of the indian penal code (for short, "the ipc"). by the impugned order, the rajasthan high court released khushi ram meena ("the accused") on bail. the appellant has challenged the said order in this appeal.3. the grievance of the appellant as stated by his counsel mr. lekh raj rehalia is that the high court committed a grave error in releasing the accused on bail. according to him the high court ignored the well established principles which guide the courts in exercise of their discretion to grant bail. it is inter alia contended that the high court overlooked extremely vital evidence collected by the investigating agency and, without assigning any reasons, it released the accused on bail. the high court failed to notice that there is more than prima facie case against the accused and that the brother of the accused who is an ips officer is trying to exert pressure on the investigating officers. it is submitted that the high court's order being perverse must be set aside and the accused must be directed to be taken in custody.4. mr. ajay vir singh, learned counsel for respondent 1-state .....

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Oct 17 2012 (SC)

Geeta Mehrotra and anr. Vs. State of U.P. and anr.

Court : Supreme Court of India

Decided on : Oct-17-2012

..... -parte decree of divorce, is pursuing the present case through her father with the sole purpose to unnecessarily harass the appellants to extract money from them as all efforts of mediation had failed.11. however, the grounds of challenge before this court to the order of the high court, inter alia is that the high court had failed to appreciate that .....

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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 30 2012 (SC)

Ramachandran. Vs. State of KeralA.

Court : Supreme Court of India

Decided on : Oct-30-2012

madan b. lokur, j.1. the question before us is whether the appellant murdered his wife remani or whether she committed suicide. we are in agreement with the view taken by the trial judge and affirmed by the high court that the case was one of murder and not of suicide.the facts:2. the appellant and remani had been married for about four years. they had two children, the second child having been born just about three months before the murder of remani.3. there was a history of matrimonial discord between the parties. remani believed that the appellant was having illicit relations with the wife of his elder brother which seems to have been the cause of conflict. at one stage remani had even left the matrimonial home. however, on an application having been filed by the appellant for restitution of conjugal rights, the matter was settled between the parties and remani went back to the matrimonial home. unfortunately, it appears that even thereafter, matrimonial disputes took place between the parties.4. according to the prosecution, on the intervening night of 10th and 11th march, 1998 at about 1.00 a.m. there was a quarrel between the appellant and remani. subsequent to the quarrel, the appellant forcibly administered to remani a highly toxic carbonate compound called furadan which is a strong pesticide used for plantain cultivation and was kept in a bottle in the house.5. on being forcibly administered the poison, remani ran out of her house and fell down on the eastern side .....

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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 08 2012 (SC)

Voltas Limited. Vs. Tehsildar, Thane and ors.

Court : Supreme Court of India

Decided on : Nov-08-2012

sudhansu jyoti mukhopadhaya, j.1. the government of maharashtra acquired the land in question in favour of the appellant voltas limited, (hereinafter referred to as 'company' for short) and issued a sanad (order of allotment) with the specific condition that the company shall not in any way whatsoever, alienate the said land or any portion thereof by way of sale, mortgage, gift, lease, exchange or otherwise howsoever except with the prior permission in writing, of the government. after about 24 years, the order of allotment was stayed and the company was called upon to show cause as to why the land should not be forfeited and the amount of rs.14,11,45,851/- towards unearned income be not charged as it violated the terms and conditions of the order of allotment by granting rights to the developers for the construction of houses and selling them after development, thereby benefiting to a large extent. after submitting their reply, the respondents issued the impugned orders against which two writ petitions were preferred by the company for setting aside the orders imposing the charge towards unearned income and the demand notice, both of which were dismissed by the impugned common judgement dated 10th march, 2003. the division bench of the bombay high court held that there was a breach of terms and conditions of the order of allotment and, therefore, it was open to the respondents to take the appropriate proceedings in accordance with law, including the recovery of unearned .....

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