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Apr 16 2019 (SC)

Manju Devi Vs. The State of Rajasthan

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.688 OF2019(Arising out of SLP (Crl.) No.8315 of 2018) MANJU DEVI .APPELLANT(S) VS STATE OF RAJASTHAN & ANR. .RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Leave granted.2. In Sessions Case No.05 of 2015 in the Court of Additional Sessions Judge Ratangarh, District Churu (Rajasthan), the accused-respondent No.2 is facing trial for offences under Sections 302, 304-B and 498-A of the Indian Penal Code (IPC) due to the death of his wife under unnatural circumstances in Nigeria. The appellant, mother of the deceased, moved an application under Section 311 of the Code of Criminal Procedure (CrPC) in the said case, seeking summoning of one Dr. I. Yusuf (who had conducted first post- mortem of the dead-body of the appellant's daughter in Nigeria) through High 1 Commission of Nigeria or to record his evidence through video-conferencing, after issuing a commission for the purpose. 2.1. By its order dated 31...

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Apr 16 2019 (SC)

Bal Mukund Sharma @ Balmkund Chaudhry Vs. The State of Bihar

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 13821384 OF2014Bal Mukund Sharma @ Balmukund Chaudhry Etc., Etc. .....Appellants Versus The State of Bihar .....Respondent JUDGMENT MOHAN M. SHANTANAGOUDAR, J.The common judgment dated 23.05.2013 passed by the High Court of Judicature at Patna in Criminal Appeal Nos. 221/1990, 225/1990 and 239/1990 confirming the judgment of conviction dated 11.06.1990 and sentence dated 12.06.1990 passed by the 7th Additional Sessions Judge, Bhagalpur is questioned in these appeals.2. The case of the prosecution in brief is that while the informant, Meghu Pandit, PW2 was carrying soil that he had dug from a Gairmajarua land lying to the north of his house for the purpose of manufacturing earthen pots along with his wife, the 1 fifteen accused accosted them in a group; hence, PW2 and his wife ran away towards their house out of fear, but were chased even to their house. The accused Brahamdeo Chaudhry also f...

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Apr 15 2019 (SC)

Punjab Urban Planning and Development Authority Vs. Karamjit Singh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3925 OF2019(Arising out of SLP (Civil) No.29160 of 2018) Punjab Urban Planning and Development Authority & Anr. Appellants Versus Karamjit Singh Respondent INDU MALHOTRA, J.Leave granted. JUDGMENT1 The present Civil Appeal has been filed to challenge the final Judgment and Order dated 09.07.2018 passed by a Division Bench of the Punjab & Haryana High Court at Chandigarh, in LPA No.894 of 2018.2. The factual background of the case, is as under:1. 2.1. On 01.12.1995, the Respondent was appointed as a Chowkidar on daily wages by the Appellant Punjab Urban Planning and Development Authority. His name was on the muster rolls till 31.03.1997. 2.2. On 23.01.2001, the Government of Punjab revised the Policy for regularization of work-charged / daily wage and other categories of employees. As per the revised Policy, all the Departments under the Government of Punjab were directed to prepare lists of work-char...

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Apr 15 2019 (SC)

Om Prakash Ram Vs. The State of Bihar

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.39363937 OF2019(@ SPECIAL LEAVE PETITON (CIVIL) NOS .99299930 OF2019 [D. No.4632 OF2018 Om Prakash Ram .....Appellant Versus The State of Bihar & Ors. Etc. .....Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J.Delay condoned. Leave granted. The father of the fifth respondent herein, Sidheshwar 2.3. Prasad, i.e. the late Brhamdeo Narayan, at the first instance, filed Title Suit No.105/1970 for declaration of title, restoration of possession and for eviction of the predecessorininterest of the appellant and certain other persons in the year 1970 in respect of the disputed property, which came to be dismissed on 09.06.1971. The same person, i.e., Brhamdeo Narayan, filed 1 another suit in the year 1988 (i.e. after 17 years) for declaration and for injunction against the appellant herein and the State Authorities in respect of the disputed property. The said suit (renumbered as Title Suit No.32/1993), w...

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Apr 15 2019 (SC)

Chandrika (Dead) by Lrs. Vs. Sudama (Dead) Thr. Lrs.

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1299 OF2009Chandrika (Dead) by LRs. .Appellant(s) VERSUS Sudama (Dead) Thr. LRs. & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 24.01.2005 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.10553 of 1983 whereby the High Court dismissed the said writ petition filed by the original appellant herein and affirmed the orders dated 29.07.1977, 12.06.1978 and 04.05.1983 passed by the 1 Consolidation Officer, Settlement Officer Consolidation and the Deputy Director of Consolidation respectively.2. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.3. By impugned order, the High Court (Single Judge) dismissed the writ petition filed by the original appellant herein and affirmed the three orders of the Revenue Authorities, namely, the Consolidation Offi...

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Apr 15 2019 (SC)

Ashok Kumar Mehra Vs. The State of Punjab

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos.14661467 OF2008Ashok Kumar Mehra & Anr. .Appellant(s) VERSUS The State of Punjab ETC. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and order dated 21.07.2008 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.681DBA of 2000 and Criminal Revision No.1242 of 2000 whereby the High Court allowed the criminal appeal filed by respondent No.1(State) herein and the criminal 1 revision filed by respondent No.2(Complainant) herein by setting aside the judgment dated 06.06.2000 passed by the Sessions Judge, Rupnagar in Sessions Case No.10 of 1998 and convicted both the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860(hereinafter referred to as IPC) and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/ each. In default of payment of ...

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Apr 15 2019 (SC)

Md. Allauddin Khan Vs. The State of Bihar

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.675 OF2019(Arising out of S.L.P.(Crl.) No.1151 of 2018) Md. Allauddin Khan .Appellant(s) VERSUS The State of Bihar & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is directed against the final judgment and order dated 11.09.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Application No.27078 of 2013 whereby the High Court allowed the Criminal Miscellaneous Application filed by respondent Nos.2 1 1 & 3 herein and quashed the complaint filed by the appellant herein.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. By impugned order, the High Court quashed the order dated 13.02.2013 passed by the Judicial Magistrate 1st Class, Saran at Chapra in Complaint Case No.21/2012 whereby the Judicial Magistrate took cognizance of the complaint filed by the appellant herein against res...

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Apr 15 2019 (SC)

Bihari Lal Vs. The State of Rajasthan

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.676 OF2019(Arising out of S.L.P.(Crl.) No.8823 of 2018) Bihari Lal .Appellant(s) VERSUS The State of Rajasthan & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. 2. Leave granted. This appeal is directed against the final judgment and order dated 12.09.2018 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B.Criminal Revision No.708 of 2018 whereby the Single Judge of the High Court 1 dismissed the criminal revision filed by the appellant herein and affirmed the order dated 02.06.2018 passed by the Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No.40 of 2017.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.4. Respondent Nos. 2, 3 and 4(accused persons) are facing prosecution for commission of the offences punishable under Sections 307, 323, 325, 336, and 341 read with Section 34 of the Indian ...

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Apr 15 2019 (SC)

Dr. Manohar Ganapathi Ravankar Vs. H. Gurunanda Raikar

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3415 of 2019 (arising out of S.L.P. (C) No.35553 OF2016 DR. MANOHAR GANAPATHI RAVANKAR Versus WITH H. GURUNANDA RAIKAR ........APPELLANT ........RESPONDENT CIVIL APPEAL No.3416 of 2019 (arising out of S.L.P.(C) No.3062 OF2017 H. GURUNANDA RAIKAR ........APPELLANT Versus DR. MANOHAR GANAPATHI RAVANKAR ........RESPONDANT JUDGMENT Hemant Gupta, J.Civil Appeal No.3415 of 2019 is by the Plaintiff aggrieved against the judgment and order dated 17.02.2016 passed by the High Court of Karnataka at Bengaluru declining relief for specific performance of the agreement of sale of the schedule property but granting a decree for recovery of Rs. 7,01,000/- along with interest at 1 the rate of 12 per cent per annum from the date of payment till date of realisation. Civil Appeal No.3416 of 2019 is by the Defendant aggrieved against the decree for payment of Rs. 6,75,000/- by the same judgment.2. Hereinafter for facilit...

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Apr 12 2019 (SC)

The State of Tamil Nadu Vs. Elephant G. Rajendran

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3918-3919 OF2019(arising out of S.L.P. (C) Nos. 32344-32345/2018) THE STATE OF TAMIL NADU & ORS. ...APPELLANTS Vs. ELEPHANT G. RAJENDRAN & ORS. ETC. ...RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.Leave granted.2. The State of Tamil Nadu alongwith its functionaries have filed these appeals against the common judgment dated 30.11.2018 passed by the High Court of Madras in Writ Petition Nos. 20392 and 20963 of 2018 filed by the respondents as PIL (Public Interest Litigation).3. Tamil Nadu is a State, which is known for its majestic temples, its rich culture and heritage. Idols consecrated in its various temples have their 1 own significance, rich heritage and some of the idols dates back to 1500 to 2000 years back. There have been several instances for theft of precious idols and artefacts in the State of Tamil Nadu, which alarmed the State Government. The State Government vide its G.O.Ms. No.2098, Home(Pol-...

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