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Dec 02 2016 (SC)

Gurcharan Singh Vs. State of Punjab

Court : Supreme Court of India

reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.1135 of2016(arising out of s.l.p (criminal) no.8764 of2016 gurcharan singh . appellant versus state of punjab ....respondent judgment amitava roy, j.1. in assailment is the judgement and order dated 17.12.2014 passed by the high court of punjab and haryana at chandigarh in criminal appeal no.s- 566-sb of 2004, affirming the conviction of the appellant and co-accused sukhvinder singh under section 306 of the indian penal code (hereinafter to be referred to as ipc ), as entered by the trial court. while by the decision impugned, the conviction has been endorsed, the substantive sentence of six years of rigorous imprisonment awarded by the trial court to each of the accused persons has been scaled down to one of five years of the same description. the instant appeal seeks to overturn the concurrent determinations on the charge by the courts below.2. we have heard ms. kawaljit kochar, learned counsel for the appellant and mr. v. madhukar, learned counsel for the respondent.3. the fascicule of facts, indispensable to comprehend the backdrop of the prosecution, has its origin in the inexplicable abandonment of the deceased surjit kaur and her two daughters namely; geet pahul and preet pahul by dr. jaspal singh, their husband and father respectively, about two years prior to the tragic end of his three family members as above. the prosecution version is that dr. jaspal singh, who was .....

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Dec 02 2016 (SC)

Gurpal Singh Vs. State of Punjab

Court : Supreme Court of India

reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.1145 of2016(arising out of s.l.p (criminal) no.4877 of2012 gurpal singh . ??appellant versus state of punjab ....respondent judgment amitava roy, j.the subject matter of scrutiny is the judgment and order dated 01.10.2008 passed by the high court of punjab and haryana at chandigarh in criminal appeal no.378-db of 2004 concurring with the verdict of the trial court in convicting the appellant for the offence under sections 302 and 307 ipc while acquitting the co-accused harpartap singh, his son. following his conviction, the appellant had been awarded sentence of life imprisonment and fine of rs.5,000/- with default sentence under section 302 ipc and five years rigorous imprisonment and fine of rs.2,000/- with default sentence under section 307 ipc. both the sentences have been ordered to run concurrently. the high court has concurred with the sentence as well.2. we have heard mr. yatindra singh, senior advocate, learned amicus curiae for the appellant and mr. saurabh ajay gupta, learned counsel for the respondent.3. the incident witnessing the death of jatinder singh and the injuries sustained by lakhwinder has the genesis in a trifle. on a statement rendered with regard thereto by gurdial singh(pw1), the first information report was registered against the appellant and his son harpartap. it was alleged that over a lingering land dispute between the informant and the appellant, who are .....

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Dec 02 2016 (SC)

Securities and Exchange Bd. of India Vs. Burren Energy India Ltd. and ...

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.361 of2007securities & exchange board of india ...appellant versus burren energy india ltd. & ors. ...respondents judgment ranjan gogoi, j.1. the challenge in this appeal is to an order of the learned securities appellate tribunal, mumbai (hereinafter referred to as the tribunal ) reversing the order of the adjudicating officer dated 25th august, 2006 holding the respondents guilty of contravening the provisions of regulation 22(7) of the securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, 1997 (hereinafter referred to as the regulations ). a penalty of rs.25 lakhs has been imposed on each on the respondents herein for the aforesaid violation. aggrieved by the aforesaid reversal, securities & exchange board of india (hereinafter referred to as sebi ) is in appeal before us.2. the relevant facts are not in dispute. the first respondent herein burren energy india ltd. (hereinafter referred to as burren ) was incorporated in december, 2004 under the laws of england and wales with its registered office in london. burren was formed to acquire the entire of the equity share capital of one unocal bharat limited (hereinafter referred to as ubl ), incorporated in mauritius in july, 1996. the shares of the aforesaid ubl were acquired in september, 1996 by one unocal international corporation (for short uic ) incorporated in california in usa.3. .....

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Dec 02 2016 (HC)

Bipin Murmu Vs. Central Coalfields Limited Through Its Managing Direct ...

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p. (s) no. 3374 of 2015 bipin murmu, son of kishun manjhi and and son in law of late jit ram manjhi, resident of village dhatwatand, p.o.chitarpur, p.s.ramgarh, district ramgarh .... .... . petitioner versus 1. central coalfields limited through its managing director, darbhanga house, ranchi, p.o.g.p.o., p.s.kotwali, district ranchi 2. general manager (personnel and industrial relations), central coalfields limited, darbhanga house, ranchi, p.o.g.p.o., p.s.kotwali, district ranchi 3. personnel manager, central coalfields limited, rajrappa project, rajrapa,p.o.rajrappa, p.s. rajrappa, district ramgarh 4. project officer, central coalfields limited, rajrappa project, rajrapa, p.o.rajrappa, p.s. rajrappa, district ramgarh .... .... .... respondents coram : hon'ble mr. justice dr. s.n. pathak for the petitioner : mr. deen bandhu, advocate mr. abhijeet kumar singh, advocate for the c.c.l. : mr. d.k. chakbraborty, advocate c.a.v. on: 21.10.2016 pronounced on: 02/12.2016 heard the parties. learned counsel, mr. deen bandhu, assisted by learned counsel, mr. abhijeet kumar singh appears on behalf of the petitioner and respondent ccl is represented by mr. d.k. chakraborty. the petitioner has challenged the order dated 09.09.2014 passed by respondent no.2 whereas it has been held that the claim of compassionate appointment of the petitioner is not maintainable as per the provisions of ncwa. the facts of this case in narrow compass are as .....

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Dec 01 2016 (HC)

All India Uco Bank Staff Federation and Anr. Vs. Uco Bank and Anr.

Court : Kolkata

in the high court at calcutta civil appellate jurisdiction original side present: the hon ble justice rakesh tiwari and the hon ble justice subrata talukdar apo266of 2014 with wp1204of 2013 all india uco bank staff federation & anr. -vs.uco bank & anr. for the appellants : mr.mr.a.d.roy mr.s.mishra for the respondents : mr.sabyasachi choudhury mr.rajarshi dutta heard on : 13th july, 2016 judgement on : 01/12/2016 the court : in this appeal the appellants challenge the judgment and order dated 4th march, 2014 passed by an hon ble single bench in wp1204of 2013. the challenge in the writ petition, in which the present appellants were the writ petitioners.was to the exclusion of the appellants from negotiation and other matters with the management of the respondents-bank namely, uco bank connected to the implementation of its industrial relation policy for workmen (for short irpw).the hon ble single bench, inter alia, held as follows: the majority union is representing a large number of workforce and it shall be presumed that such union would act fairly and for the benefit of the workmen at large irrespective of their affiliation. it is the allegiance of the large number of workmen to a particular union which gives it the character as a majority union. that the majority would not act in interest of the workmen in absence of any mala fide cannot be accepted. it is not being alleged by the petitioner that the majority union would act against the interest of the petitioners or its .....

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Nov 30 2016 (SC)

Mukarrab Etc Vs. State of U.P.

Court : Supreme Court of India

reportable in the supreme court of india criminal appellate jurisdiction criminal appeal nos. 1119-1120 of2016[arising out of slp (crl.) nos. 6754-55 of 2014]. mukarrab etc. appellants versus state of u.p. respondent judgment r. banumathi, j.the present appeals by special leave impugn the judgment dated 27.05.2014 passed by the high court of judicature at allahabad, whereby the appeal filed by the appellants herein was dismissed affirming their conviction under section 302 ipc read with section 149 and section 148 ipc and also sentence of imprisonment for life under section 302 ipc and rigorous imprisonment for two years under section 148 ipc.2. totally six accused including the appellants herein were convicted. the special leave petitions preferred by the other accused namely babban, moazzam, jahangir and jamil were dismissed by this court at the admission stage itself on 12.09.2014. since the appellants mukarrab and arshad had raised the claim of juvenility before this court, notice was issued qua these accused to examine their claim that they are juveniles in conflict with law under section 7a of the juvenile justice (care and protection of children) act, 2000.3. case of the prosecution is that on 22.03.1994, present appellants, mukarrab and arshad alongwith four others viz. babban, moazzam, jahangir and jamil had a quarrel with the deceased, azamul haq while he was coming back to his house from the market at around 5.30 p.m., the accused persons abused the deceased on the .....

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Nov 30 2016 (HC)

Krishnadeo Prasad Sahu Vs. Personnel and Adminis Reform

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p.(s) no. 1704 of 2016 krishnadeo prasad sahu ... petitioner versus 1. the state of jharkhand.2. the chief secretary, government of jharkhand, ranchi 3. the principal secretary, department of personnel, administrative reforms and rajbhasa, government of jharkhand, ranchi.4. the principal secretary, department of forest, environment and climate change, government of jharkhand, ranchi.5. the union of india, through the secretary, ministry of personnel, public grievances and pensions, department of personnel & training, new delhi. ... respondents -------- coram : the hon ble mr. justice h. c. mishra the hon ble mr. justice dr. s.n. pathak ------ for the petitioner : m/s. ajit kumar, rajiv nandan prasad, rohit sinha, advocates. for the respondents : mr. ajit kumar, a.a.g. mr. l.c.n.shahdeo, g.p.-iv mr. rajiv sinha, a.s.g.i. ------ 14/30.11.2016 heard learned counsel appearing for the petitioner, learned a.a.g. assisted by learned g.p.-iv, appearing for the state of jharkhand, as also learned a.s.g.i., appearing for the union of india.2. the petitioner is aggrieved by the order dated 16th march 2016 passed by the central administrative tribunal, circuit bench at ranchi, in oa/051/00055 of 2016, whereby, the said o.a filed by the petitioner has been dismissed. the petitioner had earlier moved the central administrative tribunal in oa/051/00022 of 2016, challenging the order dated 29.12.2015, by which, he had been posted as divisional .....

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Nov 30 2016 (HC)

M N Electricals Through Its Partner Vijay Pratap Singh Vs. Jharkhand S ...

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p.(c) no. 251 of 2013 m.n electricals through its partner vijay pratap singh, son of late m.n. singh, resident of gujarat colony, p.o. & p.s. chas, district bokaro. .. petitioner versus 1. jharkhand urja vikas nigam ltd., engineers bhawan, h.e.c, p.o & p.s. dhurwa, ranchi.2. secretary to the board jharkhand state electricity board, p.o. & p.s. dhurwa, district ranchi.3. jharkhand vidyut vitran nigam ltd., engineers bhawan, p.o & p.s. dhurwa, ranchi. respondents --------- coram: hon ble mr. justice pramath patnaik ---------- for the petitioner : mr. rajiv kumar, adv. for the respondents : m/s mukesh kumar sinha & amit sinha, adv. cav on:27th july, 2016 pronounced on 30/11/2016 per pramath patnaik, j.:1. in the accompanied writ application, the petitioner has inter alia prayed for the following reliefs: (a) for a declaration that decision to stop all the payment of 10th plan apdrp (accelerated power development and reforms programme) by an executive order of the respondent no.1 contained in board s resolution no.591 dated 09.03.2010 as evident from the order dated 26.06.2012 contained in resolution vide annexure-13 to be per se arbitrary and against public interest; (b) and for a further declaration that this indecision has resulted in delayed implementation of apdrp projects meant for efficient transmission system, while it has been closed in the entire country and ultra vires powers of an electricity board as under section 18 (1) ( .....

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Nov 29 2016 (SC)

Bindeshwari Chaudhary Vs. State of Bihar and Ors.

Court : Supreme Court of India

in the supreme court of india civil appellate jurisdiction civil appeal no.3829 of2011bindeshwari chaudhary appellant versus state of bihar & ors. respondents judgment prafulla c. pant, j.this appeal is directed against judgment and order dated 20.05.2008, passed by high court of judicature at patna, whereby letters patent appeal no.436 of 2000 was disposed of allowing respondent authorities to withhold 50% of gratuity and 50% of pension, of the appellant.2. brief facts of the case are that appellant who was posted as executive engineer with irrigation department of state of bihar, in the district of singhbhum, awarded a contract on 29.08.1989 to one m/s. d.k. road lines, for bed and slope lining of canal in galudih. in terms of the contract, the contractor was required to furnish bank guarantee, and the same was submitted by him for an amount of rs.23,61,500/-. in order to verify the genuineness of the bank guarantee furnished by the contractor, the appellant sent his accounts clerk to punjab & sindh bank, jamshedpur, with letter dated 29.08.1989 (annexure-p1). in response to said letter, appellant received letter dated 01.09.1989 (annexure-p-3) from shri t.s. gandhok, branch manager of the bank, confirming the bank guarantee. the appellant made payment of rs.15,00,000/- on 02.09.1989 towards mobilization advance to the contractor. on 04.09.1989, superintending engineer, issued letter (annexure p-4), directing the appellant not to make mobilization advance. but, subsequently .....

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Nov 29 2016 (SC)

Dokiseela Ramulu Vs. Sri Sangameswara Swamy Varu and Ors.

Court : Supreme Court of India

reportable in the supreme court of india civil appellate jurisdiction civil appeal no.11306 2016 (arising out of slp(c) no.14895 of 2010) dokiseela ramulu .......appellant versus sri sangameswara swamy varu and others .......respondents judgment jagdish singh khehar, j.1. leave granted.2. the present controversy admittedly relates to 1 acre and 80-1/2 cents of agricultural land. out of the above land, 33-1/2 cents is in survey no.123/5, and the remaining 1 acre and 47 cents is in survey no.129/2, of the revenue estate of sangam agraharam village in vangana mandal, srikakulam district, in the state of andhra pradesh. it is the case of the appellant before this court, that he is a poor landless person, and that, his family has been in occupation of the above land for many years. in fact, it is the appellant s case, that his forefathers had been cultivating the above land, which eventually passed on to him, and members of his joint family.3. the rent reduction act was applied to sangam agraharam village vide g.o.m.s.no.3724 dated 31.03.1950. as indicated above, the land in question was a part of sangam agraharam village. sangam village was declared as an inam estate , within the meaning of section 3(2)(d) of the madras estates land act. eventually the same, was abolished through the andhra pradesh (andhra area) estates (abolition and conversion into ryotwari), act 1948 (hereinafter referred to as the 1948 act ).4. the state government notified sangam agraharam village, under .....

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