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May 07 2019 (SC)

Ashoksinh Jayendrasinh Vs. The State of Gujarat

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NO.1123 OF2010ASHOKSINH JAYENDRASINH ..Appellant STATE OF GUJARAT ..Respondent VERSUS JUDGMENT R. BANUMATHI, J.This appeal arises out of the judgment dated 05.03.2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.10 of 2001 in and by which the High Court affirmed the conviction of appellant-accused No.1 under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon him. The High Court also affirmed the conviction of the appellant under Section 307 IPC read with Section 34 IPC and under Section 25(c) of the Arms Act and the sentence of imprisonment imposed upon him. The High Court acquitted the appellant for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1 2. Brief facts which led to filing of this appeal are:- On 23.11.1997 at about 09.00 PM, accused Nos.1 to 5 along wit...

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May 07 2019 (SC)

Sasikala Pushpa Vs. The State of Tamil Nadu

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NO.855 OF2019(Arising out of SLP (Crl.) No.7252 OF2016 SASIKALA PUSHPA AND OTHERS ...Appellants VERSUS STATE OF TAMIL NADU ...Respondent With CRIMINAL APPEAL NO.856 OF2019(Arising out of SLP (Crl.) No.7287 OF2016 CRIMINAL APPEAL NO.857 OF2019(Arising out of SLP (Crl.) No.8206 OF2016 CRIMINAL APPEAL NO.858 OF2019(Arising out of SLP (Crl.) No.9064 OF2016 CRIMINAL APPEAL No.859 OF2019(Arising out of SLP (Crl.) No.9065 OF2016 JUDGMENT R. BANUMATHI, J.Leave granted.2. These appeals [SLP(Crl.) Nos.7252, 7287 and 8206 of 2016]. arise out of the judgment dated 14.09.2016 passed by the Madurai Bench of Madras High Court dismissing anticipatory bail 1 application in Crl. OP(MD) No.15370 of 2016 filed by the appellants. By the same judgment, the learned Single Judge of the High Court directed the Registrar (Judicial) to lodge a complaint with the jurisdictional police station against the appellants with respe...

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May 07 2019 (SC)

Jaswant Singh Vs. Jaspal Singh

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5962 OF2010Jaswant Singh & Ors. .....Appellants Versus Jaspal Singh & Ors. .....Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J.The judgment dated 27.10.2009 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No.3609 of 1998 (O&M) is called into question in this appeal by the unsuccessful defendants.2. The brief facts leading to this appeal are that Jaspal Singh, Plaintiff No.1 in the present suit, i.e. O.S. No.388 of 1986 1 (Respondent No.1 herein), had been residing in West Germany (as it then was) and had authorised Kidar Singh son of Hem Raj to do all acts and to file or defend any suit regarding the suit property vide special power of attorney. The present suit was filed by Kidar Singh on behalf of Plaintiff No.1 for declaration that the decree dated 29.07.1983 in Civil Suit No.18 of 1983 titled as Harbhajan Singh & Ors. v. Jaspal Singh, decided by the SubJudge, IInd Class, Pa...

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May 07 2019 (SC)

Arulmighu Nellukadai Mariamman Tirukkoil Vs. Tamilarasi (Dead) by Lrs.

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4666 OF2019(Arising out of S.L.P.(C) No.13571 of 2012) Arulmighu Nellukadai Mariamman Tirukkoil .Appellant(s) VERSUS Tamilarasi (Dead) By LRs. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 30.09.2011 passed by the High Court of Judicature at Madras in Second Appeal No.365 of 2009 whereby the High Court allowed the said second appeal filed by the original respondent 1 herein and set aside the judgment and decree dated 08.12.2008 of the Subordinate Judge, Nagapattinam in A.S. No.30/2008 and dismissed the suit filed by the appellant herein.3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short question.4. This appeal is filed by the plaintiff, who succeeded in the Trial Court and the first Appellate Court but lost in second appeal filed by the defendant (original respondent herein...

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May 07 2019 (SC)

Bhivchandra Shankar More Vs. Balu Gangaram More

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL No.4669 OF2019(Arising out of SLP(CIVIL) No.28938 OF2014 BHIVCHANDRA SHANKAR MORE ....Appellant VERSUS BALU GANGARAM MORE & ORS. ...Respondents JUDGMENT R. BANUMATHI, J.Leave granted.2. This appeal arises out of the judgment dated 20.08.2014 passed by the High Court of Judicature at Bombay in Writ Petition No.3290 of 2014 in and by which the High Court refused to condone the delay in filing the first appeal challenging the ex- parte decree passed in Regular Civil Suit No.35 of 2007 dated 04.07.2008.3. Brief facts which led to filing of this appeal are as under:- Respondents-plaintiffs No.1 to 13 filed a suit for partition in Regular Civil Suit No.35 of 2007 before the Joint Civil Judge, Junior Division, Daund seeking partition and separate possession 1 of the suit property. In the said suit, son of defendant No.2 viz. Tanaji received the suit summons on 25.02.2007. According to appellant-defendant, they ...

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May 07 2019 (SC)

State Rep by Inspector of Police Central Bureau of Investigation Vs. M ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 853 OF2019(arising out of SLP (Crl.) No(s). 2133 of 2019) STATE REPRESENTED BY INSPECTOR OF POLICE CENTRAL BUREAU OF INVESTIGATION ...APPELLANT(S) M. SUBRAHMANYAM ...RESPONDENT(S) VERSUS JUDGMENT NAVIN SINHA, J.Leave granted.2. The Inspector of Police, Central Bureau of Investigation, Vishakhapatnam, is aggrieved by order dated 06.08.2018 of the High Court, dismissing the application under Section 482, Cr.P.C. by the prosecution to bring on record the order passed by the Superintendent of Police, CBI, Visakhapatnam, under Section 17 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act), authorising Sri V.K.C. Reddy, the then Deputy 1 Superintendent of Police, CBI, Visakhapatnam, to investigate against the respondent, an Income Tax Officer, Visakhapatnam, pursuant to an F.I.R. lodged under Sections 13(2) read with 13(1)(c) of the Act on allegation for possessing movea...

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May 06 2019 (SC)

The State of Haryana Vs. Sandeep Singh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4546 OF2019(@ SLP(C) No.11295 of 2019) (@ DIARY No.42671 OF2018 STATE OF HARYANA AND ANOTHER APPELLANTS vs. SANDEEP SINGH AND OTHERS ...RESPONDENTS JUDGMENT Hemant Gupta, J.The challenge in the present appeal is to an order dated 03.12.2014 passed by the Division Bench of High Court of Punjab and Haryana in an intra court appeal under Clause X of the Letters Patent.2. The grievance of the respondents (hereinafter referred to as writ petitioners) in the writ petition filed under Article 226 of the Constitution is that the post of Drawing Teacher had been converted to Trained Graduate Teacher (TGT) under Rule 9(5) of the Haryana School Education (Group C) State Cadre Service Rules, 20121. Two juniors to 1 2012 Rules 1 the writ petitioners have been promoted as Elementary School Headmasters, therefore, the writ petitioners are also entitled to get promoted from the day their juniors were promoted. The c...

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May 06 2019 (SC)

Rambir Vs. State of Nct Delhi

Court : Supreme Court of India

[email protected](Crl.)No.9781/18 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.839 OF2019[Arising out of S.L.P.(Crl.)No.9781 of 2018]. Rambir ...Appellant Versus State of NCT, Delhi ...Respondent JUDGMENT R. Subhash Reddy, J.1. 2. Leave granted. This criminal appeal is directed against the judgment dated 11.10.2017 passed by the High Court of Delhi at New Delhi in Criminal Appeal No.1316 of 2012, by which High Court has dismissed the criminal appeal, confirming the conviction and sentence imposed on the appellant by the learned Additional Sessions Judge, Karkardooma Courts, Delhi, whereby he has been convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment. [email protected](Crl.)No.9781/18 2 3. As per the case of the prosecution, on the intervening night of 31.08.2010 and 01.09.2010, the appellant strangulated his wife Sua and caused her death on the rooftop of the premises no.C-834, Gali No.30/3, Jafrabad, Delhi....

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May 06 2019 (SC)

Jiten K. Ajmera Vs. M/S Tejas Co Operative Housing Society

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4628 OF2019(Arising out of SLP (Civil) No.26755 of 2018) Jiten K. Ajmera & Anr. Appellants versus M/s Tejas Cooperative Housing Society Respondent JUDGMENT INDU MALHOTRA, J.Leave granted.1. The present Civil Appeal has been filed to challenge the Order dated 16.03.2018 passed in Revision Petition No.175 of 2016 by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission). The Revision Petition was filed to challenge the Interim Order dated 10.12.2015 passed by the State Commission Consumer Disputes Redressal Commission, Mumbai 1 (hereinafter referred to as the State Commission) in First Appeal No.85 of 2013. The Appellants herein had filed an Application under Order XLI Rule 27, CPC for permission to file additional documents, which have come into existence after the filing of the Appeal before the State Commission.2. The background facts in which the pre...

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May 06 2019 (SC)

Randhir Kaur (Deceased) Through Her Lrs Vs. Balwinder Kaur

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.46294630 OF2019(Arising out of SLP (Civil) Nos. 41204121 of 2019) Randhir Kaur (Deceased) through her Lrs. Appellant(s) Versus Balwinder Kaur & Ors. Respondent(s) JUDGMENT INDU MALHOTRA, J.1. Leave granted in both the Special Leave Petitions.2. The present Appeals have been filed against the common judgment and order dated 25.05.2018 passed by the Punjab and Haryana High Court in RSA Nos. 2879 and 4771 of 2015. Aggrieved by the impugned judgment, the Appellants have filed the present Appeals. 1 3. The background facts in which the present Appeals have been filed, briefly narrated are as follows: 3.1 The predecessorintitle of the suit property Smt. Randhir Kaur w/o Harnandan Singh vide a registered Gift Deed dated 27.05.1981 donated a property admeasuring 4 Kanals 10 Marlas of land bearing Khata No.15/18, Khasra No.766/567 (410) situated at Parowal Tehsil Garhshankar to Doaba Public School, Garhshank...

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