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Oct 17 2019 (SC)

Uttam Ram Vs. Devinder Singh Hudan

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1545 OF2019(ARISING OUT OF SLP (CRL) No.3452 OF2019 UTTAM RAM .....APPELLANT(S) DEVINDER SINGH HUDAN & ANR .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1. 2. The appellant is aggrieved against an order passed by the High Court of Himachal Pradesh, Shimla on 17.12.2018, whereby, the order of dismissal of complaint under Section 138 of the Negotiable Instruments Act, 18811 by the learned Trial Court was not interfered with. None has put appearance on behalf of respondent No.1, despite service. Therefore, on 16.09.2019, this Court requested Ms. Liz Mathew, Advocate to assist the Court on behalf of respondent No.1. 1 for short the Act 3.4.5. 2 The appellant owns apple orchard in District Kullu, Himachal Pradesh. The appellant also used to supply apple cartons, trays and other packing materials to other apple growers on cash and credit basis. He also owns commercial ropeway which connects var...

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Oct 17 2019 (SC)

Mani Pushpak Joshi Vs. The State of Uttarakhand

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1517 OF2019MANI PUSHPAK JOSHI .....APPELLANT(S) STATE OF UTTARAKHAND & ANR. .....RESPONDENT(S) VERSUS JUDGMENT HEMANT GUPTA, J.1)2) The challenge in the present appeal is to an order passed by the High Court of Uttarakhand at Nainital on April 3, 2019 whereby, revision against an order of summoning of appellant under Section 319 of the Code of Criminal Procedure, 19731 remained unsuccessful. An FIR was lodged by Harpreet Singh, father of prosecutrix (aged about 6 years), on April 19, 2017 at 1:23 p.m., about sexual assault on her daughter. The FIR reads as under: My daughter xxxx who is 6 years old has been mentally and physically harassed for 4-5 months in her school Aurum the Global School Haldwani. My daughter was very upset mentally for several days and would cry bitterly when asked to go to School. On my asking several times, she told me and my wife that in her School a teacher touched her ...

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Oct 17 2019 (SC)

Naresh Kumar Vs. govt.of Nct of Delhi

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6638 OF2010NARESH KUMAR & ORS. ..APPELLANTS GOVT. OF NCT OF DELHI RESPONDENT VERSUS WITH CIVIL APPEAL No.6637 OF2010NARESH KUMAR & ORS. ..APPELLANTS GOVT. OF NCT OF DELHI RESPONDENT VERSUS JUDGMENT Vineet Saran, J.1. The short question involved in these appeals are, as to whether under the Land Acquisition Act, 1894 (for short the Act), after the passing of the Award under Section 11 of the Act, the Award could be reviewed under any of the provisions of the Act, specially under Section 13A of the Act. 2 2. Brief facts of this case, relevant for the purpose of the present appeals are, that land of the appellants was sought to be acquired by a notification dated 23.05.2002 issued under Section 4 of the Act, followed by a declaration under Section 6 of the Act issued on 17.12.2002. An Award bearing no.16/0304 dated 01.10.2003 was passed by the Land Acquisition Collector awarding compensation of Rs.1,97...

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Oct 17 2019 (SC)

Dr. Lakshman Vs. The State of Karnataka

Court : Supreme Court of India

[email protected] SLP(Crl.)Nos.6115-6117/2017 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1573-1575 OF2019[Arising out of S.L.P.(Crl.)Nos.6115-6117 of 2017]. Dr. Lakshman ... Appellant Versus The State of Karnataka & Ors. Etc. ... Respondents JUDGMENT R. Subhash Reddy, J.1. 2. Leave granted. These criminal appeals are filed by the complainant, aggrieved by the judgment and order dated 28th April, 2017 passed by the High Court of Karnataka at Bengaluru in Crl.P Nos.2383 of 2017, 7976 of 2013 and 7161 of 2016. By the aforesaid order, the High Court has allowed the petitions filed by the respondents-accused under Section 482 of Cr.P.C. and quashed the complaint bearing P.C.R. No.12317 of 2013 filed before the IV ACMM, Bangalore, and complaint bearing P.C.R. No.14420 of 2015, filed before the VIII ACMM, 1 [email protected] SLP(Crl.)Nos.6115-6117/2017 Bengaluru, as well as the order dated 27th November, 2015 (wrongly mentioned as 27th July, 2015) passed by the V...

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Oct 17 2019 (SC)

Central Bureau of Investigation Vs. Arvind Khanna

Court : Supreme Court of India

[email protected] SLP(Crl) No.1420 of 2017 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1572 OF2019[Arising out of S.L.P.(Crl.)No.1420 of 2017]. Central Bureau of Investigation ... Appellant Arvind Khanna ... Respondent Versus JUDGMENT R. Subhash Reddy, J.1. 2. Leave granted. This civil appeal is filed by the Central Bureau of Investigation (for short CBI), through the Investigating Officer, CBI/SPE, ACP, New Delhi, aggrieved by the common judgment and order dated 30.11.2015, passed by the High Court of Delhi at New Delhi in Crl. M.C. No.2784 of 2011 and Criminal M.C. No.3342 of 2011.3. The aforesaid Criminal Miscellaneous Cases were filed under Section 482 of the Code of Criminal [email protected] SLP(Crl) No.1420 of 2017 2 Procedure (for short Cr.P.C.). Vide Crl. M.C. No.2784 of 2011, the respondent-petitioner sought quashing of First Information Report (for short F.I.R.) bearing No.RC-AC-1-2007-A-0003 dated 02.04.2007, charge sheet dated 13.12.2010 and t...

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Oct 17 2019 (SC)

Prem Singh Vs. Sukhdev Singh

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1560 OF2019PREM SINGH APPELLANT(S) Versus SUKHDEV SINGH & OTHERS RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 1561 OF2019JUDGMENT Deepak Gupta, J.These appeals by the victim as well as by the State are directed against the judgment dated 24.07.2013 whereby the High Court allowed the appeal of the accused and set aside the judgment of the trial court whereby the respondents herein were convicted for various offences punishable under Sections 148, 2 302/149 of the Indian Penal Code (IPC for short) and Section 25 of the Arms Act, and sentenced to various terms including life imprisonment.2. We do not intend to give detailed facts of the case. The gist of the case is that on 25.05.2005, accused Jagir Singh had caused injuries to Palwinder Kaur, who is the sisterinlaw of Prem Singh (PW1). Prem Singh (PW1) had gone to the milk chilling centre at Lopoke, because his father was contesting election...

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Oct 16 2019 (SC)

John D Souza Vs. Karnataka State Road Transport Corporation

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8042 OF2019[Arising out of Special Leave Petition(C)No.6371 OF2019 John DSouza ..... Appellants(s) VERSUS Karnataka State Road Transport Corporation .....Respondents(s) JUDGMENT SURYA KANT, J.Leave granted. The instant appeal, by special leave, is directed against 2. the judgment and order dated 30th November, 2018 passed by the Division Bench of High Court of Karnataka at Bangalore whereby the intra-Court appeal preferred by the 1 Karnataka State Road Transport Corporation (in short, `the Corporation) against the order dated 20th September, 2017 of the Learned Single Judge has been allowed and after setting aside the order dated 28th October, 2016 of the First Additional Labour Court, Bangalore, the said Court has been directed to decide afresh application of the Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 (in short, `the Act) in accordance with the observations made by th...

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Oct 16 2019 (SC)

Walaiti Ram Charan Dass Vs. State of Punjab .

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.80158016 OF2019(Arising out of SLP (C) Nos.2439724398 of 2010) WALAITI RAM CHARAN DASS & ORS. ETC. APPELLANT(S) Versus STATE OF PUNJAB & ORS. ETC. RESPONDENT(S) WITH CIVIL APPEAL NOS. 80178026 OF2019(Arising out of SLP (C) Nos. 2827528284 of 2015) CIVIL APPEAL NOS.8028 OF2019(Arising out of SLP (C) No.2034 of 2017) CIVIL APPEAL NOS.8027 OF2019(Arising out of SLP (C) No.33899 of 2016) CIVIL APPEAL NOS.8029 OF2019(Arising out of SLP (C) No.15310 of 2017) JUDGMENT Deepak Gupta, J.Leave granted. 2 2. Civil Appeal Nos.80158016/2019 @ SLP (C) Nos.24397 24398 of 2010, arise out of judgment dated 20.05.2009 whereas Civil Appeal No.80178026/2019 @ out of SLP(C) Nos. 28275 28284 of 2015, arise out of judgment dated 06.01.2015, Civil Appeal No.8028 of 2019 @ out of SLP (C) No.2034 of 2017, arise out of judgment dated 18.05.2016, Civil Appeal No.8027 [email protected] out of SLP (C) No.33899 of 2016, arise out of judgme...

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Oct 16 2019 (SC)

Prahlad Pradhan Vs. Sonu Kumhar

Court : Supreme Court of India

ITEM NO.1501 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5919/2011 PRAHLAD PRADHAN & ORS. Appellant(s) VERSUS SONU KUMHAR & ORS. Respondent(s) (HEARD BY HON'BLE INDU MALHOTRA AND HON'BLE KRISHNA MURARI,JJ.) Date :16. 10-2019 This appeal was called on for judgment today. For Appellant(s) Ms. Kumud Lata Das, AOR Mr. Rajiv Kr. Sinha, Adv. Ms. Rubina Jawed, Adv. For Respondent(s) Mr. Jayesh Gaurav, Adv. Ms. Diksha Ojha, Adv. Ms. Priyanka Tyagi, Adv. Mr. Kuldeep Rai, Adv. Mr. T. Mahipal, AOR Honble Ms.Justice Indu Malhotra pronounced the non-reportable judgment of the Bench comprising of Honble Ms. Justice Indu Malhotra and Honble Mr. Justice Krishna Murari. The appeal is dismissed in terms of the signed non- reportable judgment. Pending applications, if any, shall also stand disposed of. (INDU MARWAH) (SUMAN JAIN) COURT MASTER BRANCH OFFICER (Signed non-reportable judgment is placed on the file)...

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Oct 16 2019 (SC)

Ebha Arjun Jadeja Vs. The State of Gujarat

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1692 OF2009EBHA ARJUN JADEJA & ORS. APPELLANT(S) Versus THE STATE OF GUJARAT RESPONDENT(S) JUDGMENT Deepak Gupta, J.1. This appeal by the accused is directed against the order passed by the Designated TADA Court whereby the application filed by the accused that they should be discharged due to non compliance of Section 20A(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act) was dismissed.2. Briefly stated the facts of the case are that appellant No.1/accused No.1, Ebha Arjun Jadeja, was wanted in Crime No.II 1 3/1994 registered against him under Section 25(1B)(a) and 27 of the Arms Act, 1959 and under Section 3 and 5 of TADA Act etc.3. The prosecution version is that on 10.04.1995, when Police Inspector C.J.Singh along with some other police personnel was doing night round in Kutiyana and was trying to keep a secret watch over bootlegger...

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