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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 2012 Page 5 of about 115 results (0.080 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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May 29 2012 (SC)

Jugendra Singh Vs. State of U. P.

Court : Supreme Court of India

Decided on : May-29-2012

b.s. chauhan; dipak misra, jj.1. from the days of yore, every civilised society has developed various kinds of marriages to save the man from the tyranny of sex, for human nature in certain circumstances has the enormous potentiality of exhibiting intrigue, intricacy and complexity, in a way, a labyrinth. instances do take place where a man becomes a slave to this tyrant and exposes unbridled appetite and lowers himself to an unimaginable extent for gratification of his carnal desire. the case at hand graphically exposes the inferior endowments of nature in the appellant who failed to husband his passion and made an attempt to commit rape on a nine year old girl and the tears of the child failed to have any impact on his emotion and even an iota of compassion did not surface as if it had been atrophied and eventually he pressed her neck which caused instant death of the nervous young girl.2. presently, we shall proceed with the narration. the facts as unfolded by the prosecution, in brief, are that on 24.06.1994, vineshwari along with her brother, dharam veer, aged about five years, was having a bath in the water that had accumulated in front of the house of the informant, pitambar, their father, due to a crack in the nearby canal. kali charan and ganeshi, pw 2, were grazing their cattle in the field situate at a short distance. the accused-appellant, a resident of the village, cajoled vineshwari to accompany him to the nearby field belonging to one layak singh. the younger .....

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Jul 02 2012 (SC)

Bishnupada Sarkar and anr. Vs. State of West Bengal

Court : Supreme Court of India

Decided on : Jul-02-2012

t.s. thakur, j.1. leave granted.2. this appeal arises out of a judgment and order dated 15th july, 2010passed by the high court of judicature at calcutta whereby criminal appealno.641 of 2006 filed by the appellants has been dismissed and their conviction for the offence of culpable homicide not amounting to murder punishable under section 304 part i read with section 34 ipc and sentence of rigorous imprisonment for a period of 10 years and fine upheld.3. facts giving rise to the commission of the offence by the appellants and their eventual conviction have been set out in the judgment under appeal which need not be recounted again especially because notice in this appeal was issued by us limited to the question of quantum of sentence to be awarded to the appellants. suffice it to say that the unfortunate incident in which the deceased shyamalendu who was then working as income tax inspector did no more than object to the commission of the nuisance in front of his house escalated into an uncalled for assault on him that culminated in his death. the prosecution case is that on 21st may, 2001 at about 7.00 p.m. sudhir who was also a resident of the same locality was found committing nuisance in an open drain in front of the house of the deceased.the deceased appears to have objected to the nuisance leading to a verbal altercation between the two. on the following day at about 11.30 a.m. the appellant bishnu sarkar who happens to be the nephew of sudhir came to the house of the .....

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Jul 02 2012 (SC)

Smt. Khela Banerjee and Another Vs. City Montessori School and Others

Court : Supreme Court of India

Decided on : Jul-02-2012

g. s. singhvi, j.1. the main question which arises for consideration in these appeals is whether, having rejected its prayer for issue of a mandamus to lucknow development authority (lda) to accept the total amount of sale consideration with regard to plot no.92a/c (khasra no. 754), mahanagar, lucknow, the high court could have relied upon the provisions of the right of children to free and compulsory education act, 2009 (for short, 'the 2009 act') and granted relief to city montessori school (respondent no.1 in civil appeal no.10181 of 2011 and the appellant in civil appeal no.10180 of 2011) in substantially similar terms. an ancillary question which needs determination is whether the high court had rightly quashed the action taken by lda and nazul officer, lucknow in compliance of order dated 4.5.2009 passed in writ petition no.4085/2009.2. for the sake of convenience, the parties shall hereinafter be referred to as the appellants and respondent no.1.3. background facts and details of the cases filed by the parties3.1. the nazul officer leased out plot no.92a, mahanagar, faizabad road, lucknow to shri moni mohan banerjee (hereinafter described as 'shri banerjee') in 1958 for a period of 30 years with a right to seek two renewals of 30 years each. the terms of the lease were incorporated in the registered deed executed on 14.2.1959.3.2. after about 3 years, the nazul officer granted lease of the adjoining plot bearing no. 92 a/c to shri banerjee for a period of 7 years .....

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Jul 03 2012 (SC)

A. Nawab John and ors. Vs. V.N. Subramaniyam

Court : Supreme Court of India

Decided on : Jul-03-2012

chelameswar, j.1. leave granted.2. the 5 petitioners herein filed o.s.no.100 of 2004, against one sengoda gounder, who is not a party to the special leave petition, essentially, for the specific performance of a registered agreement dated 22 03 1995, of sale of the suit scheduled land admeasuring approximately acs.2 00 and delivery of possession of the same; in the alternative, it was prayed that the defendant be directed to refund the amount of rs.12,15,125/- with interest, etc.3. the parties are referred to in this judgment as they are arrayed in the abovementioned suit.4. it is the case of the plaintiffs that the abovementioned defendant was indebted to one mr. radhakrishnan and also to the tamil nadu industrial investment corporation limited (for short 'tniic"). it is alleged in the plaint that sengoda gounder wanted to clear the debts to the abovementioned two persons before the property is actually conveyed to the plaintiffs. for the said purpose, sengoda gounder collected an amount of rs.12,15,125/- in installments from the plaintiffs. in spite of receipt of such payment, sengoda gounder did not execute the sale deed, on some pretext or other. therefore, the suit.5. during the pendency of the suit, the sole respondent herein, filed an application praying that he be impleaded as a party defendant to the said suit, on the ground that he purchased the suit scheduled property on 08 03 1999 for a consideration of rs.3,93,560/- . it appears from the record that the said i.a. .....

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Jul 04 2012 (SC)

Vishwanath Son of Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal

Court : Supreme Court of India

Decided on : Jul-04-2012

..... various decisions in the field, this court took note of the fact that the wife had neglected to carry out the matrimonial obligations and further, during the pendency of the mediation proceeding, had sent a notice to the husband through her advocate alleging that he had another wife in usa whose identity was concealed. the said allegation was based on the .....

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Jul 10 2012 (SC)

NitIn Gunwant Shah Vs. Indian Bank and ors.

Court : Supreme Court of India

Decided on : Jul-10-2012

chelameswar, j.1. respondent no. 5 is the wife of respondent no.4. both are said to be the residents of florida, usa. it is asserted by all the parties to the present proceedings that the property in dispute, a flat in amar jyoti cooperative society, 28-c, ridge road, malabar hills, mumbai, is owned by respondents 4 and 5 (hereinafter referred to as the property in dispute).2. the petitioner claims that he entered into an agreement dated 6thmay, 1989 styled as "leave and license" agreement by which the respondents4 and 5 agreed to lease the property in dispute to the petitioner.3. admittedly, the petitioner was not put in possession of the property in dispute immediately on the execution of the abovementioned agreement. as regards the possession of the petitioner, it is stated by the petitioner in writ petition no. 1747/2009 from out of which the instant appeal arises as follows: "at the time of execution of the said agreement, the respondent nos. 4 & 5 informed the petitioner that they intended to go to u.s.a. for an extended visit and they needed some time to make the necessary arrangements mainly for their furniture and articles. the respondent nos. 4 and 5, therefore, requested the petitioner to allow them some time to do so before they would hand over the physical possession of the said premises.the petitioner agreed to this, as he was helpless in the matter. apparently, the respondent nos. 4 & 5 delayed their arrangements. finally on or about 2nd february, 1990, the .....

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Jul 10 2012 (SC)

Ms. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electri ...

Court : Supreme Court of India

Decided on : Jul-10-2012

h.l. dattu, j.1. since the issues in these appeals are common, they are disposed of by this common judgment and order. factual background of the two appeals2. the facts in brief needs to be stated for answering the issues raised. they are: in the case of purbanchal cables (c.a. no. 2348 of 2003), the supplier is the manufacturer of aluminium conductors steel reinforced (for short "acsr") for various specifications. the respondent-board had placed orders for supply of acsr of different specifications in three (3) quarterly phases, i.e. in june 1992, september 1992 and december 1992 with the appellant vide supply order dated 31.3.1992. in pursuance to the said supply order, the supplier had initially made delivery of goods with respect to three bills on 16.09.1992, but did not receive payment from the respondent. subsequently, the supplier had made another delivery of goods with respect to nine other bills in between 25.09.1992 and 30.03.1993.these supplies were made after the expiry of the time stipulated in the agreement/supply order, but after obtaining specific extension of time by the buyer. the supplier had completed the entire supply by 12.10.1993 and received the payment for such supplies from the respondent in the month of september and october, 1993. in pursuance to such supplies, the supplier has raised the demand for interest on delayed payment made by the respondent, vide its letters dated 14.12.1992 and 3.12.1993, however, the same was not acceded to by the buyer. .....

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Jul 11 2012 (SC)

Shyamal Ghosh Vs. State of West Bengal

Court : Supreme Court of India

Decided on : Jul-11-2012

swatanter kumar, j.1. eight accused, namely, panchanan tarafdar @ chotka, uttam das, dipak das @ mou, manoranjan debnath @ behari, bishu saha @ chor bishu, satyajitdas @ sadhu, ganesh das and shyamal ghosh, were charged with offences under sections 302, 201, 379, 411 read with section 34 of the indian penal code,1860 (for short, the 'ipc'). all these accused were found to be guilty of the offences with which they were charged by the trial court vide its judgment dated 13th september, 2005. after hearing them on the quantum of sentence, vide order dated 14th september, 2005, finding the offence to be that in the category of rarest of the rare cases, the trial court awarded sentence of death to all the accused persons for the offence under section302 ipc and directed that they be hanged by neck till they are dead, subject to confirmation by the calcutta high court. for the offence under section 201 ipc, they were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of rs.5,000/- each, in default to further undergo simple imprisonment for one year and for the offence under section 379 ipc to undergo imprisonment of three years and fine ofrs.1,000/- each in default to undergo six months simple imprisonment.2. aggrieved by the judgment of conviction and order of sentence passed by the trial court, all the accused preferred five different appeals before the high court and prayed for setting aside the judgment of the trial court and their .....

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Jul 20 2012 (SC)

Bhau Ram Vs. Janak Singh and ors.

Court : Supreme Court of India

Decided on : Jul-20-2012

p. sathasivam, j.1) leave granted.2) this appeal is directed against the final judgment and order dated 20.09.2010 passed by the high court of himachal pradesh at shimla in r.s.a. no. 501 of 2009 whereby the high court dismissed the appeal filed by the appellant herein.3) brief facts:(a) one shanker lal owned and possessed several lands in district shimla including the land in question. originally the land in question was owned by smt. lari mohansingh @ madna wati and was in occupation of shankar lal as a tenant. after coming into force of the himachal pradesh abolition of big landed estates and land reforms act, 1953, shanker lal, moved an application on 21.01.1957, for proprietary rights under section 11 of the said act before the compensation officer, mahesu. in the meantime, madna wati sold the suit land to panu ram (defendant no.2) on 22.10.1960. defendant no.2 purchased the said land as benami in the name of his wife kamla devi (defendant no.1), who was a minor at that time. after the sale of suit land, defendant no.1 through defendant no.2 was substituted as respondents in place of madna wati in the application pending before the compensation officer. during the pendency of the application, shanker lal died on 07.06.1960 and after his death, his wife reshmoo devi was substituted as his legal representative. vide his order dated 31.08.1964, the compensation officer allowed the application and granted proprietary rights to reshmoo devi.(b) against the said order, kamla .....

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