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Feb 12 2019 (SC)

Sukhpal Singh Vs. The State of Punjab

Court : Supreme Court of India

Non-Reportable 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1697 OF2009SUKHPAL SINGH ...APPELLANT(S) VERSUS STATE OF PUNJAB ...RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. This appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the appellant against his conviction under Section 302 of the 2 Indian Penal code (hereinafter referred to as the IPC) and sentencing to rigorous imprisonment for life.2. On 27/06/1993 upon discovery of an unidentified body near a canal and the case being registered and upon investigation being conducted the appellant along with another came to be charge sheeted and charged with the commission of offences under Section 302 read with Section 34 of the IPC. They were also charged with the offence under Section 201 of the IPC. Before the trial Court the prosecution examined PW1 to PW17. The appellant examined DW1 and DW2. The trial Court convicted the appellant while it acquitt...

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Feb 12 2019 (SC)

Mahesh Dube Vs. Shivbodh Dube

Court : Supreme Court of India

1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1104 OF2011Mahesh Dube ...Appellant(s) Versus Shivbodh and Ors. ...Respondent(s) JUDGMENT Deepak Gupta, J.1. Shankar Prasad Dube, father of the respondents was a tenant of Prayag Prasad Dube, father of the appellant. A suit for eviction on account of nonpayment of rent was filed by Prayag Prasad Dube against Shankar Prasad. The suit was decreed. In execution of the decree, possession of the house was delivered to Prayag Prasad Dube on 26.11.1985, and he, put his own lock on the house. On the night intervening on 26.11.1985 and 27.11.1985, the respondents herein along with their father Shankar Prasad Dube and grandmother trespassed into the 2 house of Prayag Prasad Dube and forcibly took possession of the house. Thereafter, Prayag Prasad Dube lodged a report against the respondents and their father and grandmother Gomti Devi. Charges were framed against the accused. Gomti Devi died during th...

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Feb 12 2019 (SC)

Chandru @ Chandrasekaran Vs. State Rep. By Deputy Superintendent of Po ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1193 OF2011CHANDRU @ CHANDRASEKARAN APPELLANT(S) Versus STATE REP. BY DEPUTY SUPERINTENDENT OF POLICE CB CID AND ANR. RESPONDENT(S) WITH CRIMINAL APPEAL No.253 OF2019(@SLP (CRL.) NO.2306 OF2011 JUDGMENT Deepak Gupta, J.1. Leave granted in appeal arising out of SLP (Crl.) No.2306 of 2011. 2 2. Both the appeals are being disposed of by a common judgment.3. The undisputed facts are that the deceased Arun was a friend of accused Siva @ Sivaprakash, Accused No.1. The deceased along with Accused No.1 and Chandru @ Chandrasekaran, Accused No.2, travelled to Chennai on 30.10.2004. They went to Meena Guest House, run by M. Sheik Davood (PW3) at about 9 p.m. where room No.203 was allotted to them. At about 9.30 p.m. Venkatesh @ Venki came to the room. Venki injected 4 ml of Tidijesic drug into the left wrist of deceased Arun. Venki also used 2 ml drug for himself. Thereafter, Venki left the guest house....

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Feb 12 2019 (SC)

Mala Singh Vs. The State of Haryana

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1144 OF2009Mala Singh & Ors. Appellants Versus State of Haryana Respondent JUDGMENT Abhay Manohar Sapre, J.This appeal is filed by the three accused persons 1. against the final judgment and order dated 11.02.2008 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.65DB of 1999 whereby the Division Bench of the High Court allowed the appeal in respect of eight accused persons and acquitted them from the charges under Sections 148, 1 302/149, 323/149 and 506/149 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) but dismissed the appeal in respect of the three accused persons (appellants herein) and convicted them under Section 302/34 IPC instead of Section 302/149 IPC.2. In order to appreciate the controversy involved in this appeal, it is necessary to set out the facts in detail hereinbelow.3. Eleven (11) accused persons (hereinafter referred to as A1 t...

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Feb 12 2019 (SC)

Bundi Zila Petrol Pump Dealers Association Bundi Vs. Sanyojak Bundi Zi ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.27842785 OF2009Bundi Zila Petrol Pump Dealers Association Bundi .Appellant(s) VERSUS Sanyojak Bundi Zila Petrol Mazdoor Sangh(B.M.S.) .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and order dated 21.11.2005 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special Appeal No.449 of 1999 whereby the Division Bench of the High Court allowed the appeal filed by the respondent herein and the order dated 10.04.2007 1 whereby the review petition filed by the appellant herein was dismissed.2. A few facts need mention hereinbelow in brief to appreciate the controversy involved in these appeals.3. On 26.07.1989, the State Government made a reference under Section 10(1) of the Industrial Disputes Act, 1947 to the Industrial Tribunal, Kota for deciding the following disputes which read as under: Whether the demands...

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Feb 12 2019 (SC)

Bayaji Sambhu Mali @Borate(d) Thr. Lrs. Vs. Nazir Mohammed b.zari thr. ...

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Reportable CIVIL APPEAL NOS. 1644-1645 of 2019 [Arising out of SLP(C)No(s).13627-13628 of 2012]. BAYAJI SAMBHU MALI @ BORATE(D) THROUGH LRS. APPELLANT(S) VERSUS NAZIR MOHAMMED BALAL ZARI THROUGH GPA HOLDER & ORS. RESPONDENT(S) JUDGMENT K.M. JOSEPH , J.1. Leave granted.2. By the impugned judgment and order, the High Court has dismissed the writ petition filed by the appellant under Article 227 of the Constitution against the order dated 09.01.1997 of the Maharashtra Revenue Tribunal and the review petition filed against the same.3. These appeals arise under the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act). The appellant is the tenant and the 1 respondent is the landlord. On what is described as Tillers day i.e. 01.04.1957, the landlord was a minor. The controversy, which we are called upon to resolve, is whether the appellant is a deemed purchaser within the meaning of Section 29 read with...

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Feb 11 2019 (SC)

The State of Uttar Pradesh Vs. Faquirey

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1842 of 2012 THE STATE OF UTTAR PRADESH .... Appellant(s) Versus FAQUIREY .Respondent(s) JUDGMENT L. NAGESWARA RAO, J.The Respondent was convicted under Section 302 of 1. the Indian Penal Code, 1860 (hereinafter referred to as IPC) and sentenced to undergo life imprisonment by the Trial Court. The High Court converted the conviction to an offence under Section 304 Part I, IPC and sentenced the Respondent to 10 years rigorous imprisonment. Aggrieved thereby, the State of Uttar Pradesh is in appeal before us. PW-1, Bahadur lodged an FIR on 22.03.2000 in which it 2. was stated that a Panchayat was held at the residence of one Kanhai, at noon on 22.03.2000. There was a dispute between his nephew Nokhey and the Respondent. During the course of the Panchayat, Rakesh, son of the complainant arrived at 3.30 p.m. from his agricultural field. The 1 Respondent saw Rakesh and stated that he will kill hi...

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Feb 11 2019 (SC)

Varinder Kumar Vs. The State of Himachal Pradesh

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 24502451 OF2010VARINDER KUMAR ....APPELLANT(S) VERSUS STATE OF HIMACHAL PRADESH ...RESPONDENT(S) JUDGMENT NAVIN SINHA, J.The appellant assails the order reversing his acquittal and convicting him under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), sentencing him for 20 years, along with fine of Rs.2 lacs, with a default stipulation.2. The appellant is stated to have been apprehended on 31.03.1995 carrying charas on his scooter, in two gunny bags, with varying quantities. The Trial Court acquitted the appellant on grounds of non compliance with Section 100(4) of the Code of Criminal Procedure, with regard to independent witnesses. Further, there had been non compliance with Sections 50, 52 and 57 of the NDPS Act, and that the 1 seal prepared at the time of seizure and handed over to PW5, Naresh Kumar had not been produce...

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Feb 11 2019 (SC)

Anjali Arora Vs. Union of India

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO(s).333 OF2018ANJALI ARORA AND OTHERS .PETITIONER(S) VERSUS UNION OF INDIA AND ANOTHER .RESPONDENT(S) JUDGMENT NAVIN SINHA, J.The Petitioners seek mandamus under Article 32 of the Constitution, for grant of pay scale on the basis of parity as granted by this Court on 21.10.2010 to the appellants in Yogeshwar Prasad & Ors. vs. National Institute of Educational Planning and Administration & Ors. (in short, National Institute), (2010) 14 SCC323 2. It is the contention of the petitioners that they are similarly situated as the appellants in Yogeshwar Prasad (supra), working in the National Institute and are therefore also entitled to the benefit of 1 Regulation 4(2) of the National Institute Regulations for grant of pay scale at par with that being given to persons holding similar posts in the Central Government. The petitioners have been pursuing the matter with the respondents by filing repres...

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Feb 08 2019 (SC)

State of Madhya Pradesh Vs. Vikram Das

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.208 OF2019(Arising out of S.L.P (Crl.) No.2328 of 2015) STATE OF MADHYA PRADESH Versus ........APPELLANT VIKRAM DAS ........RESPONDENT JUDGMENT Hemant Gupta, J.The State is in appeal challenging the Order dated 08.05.2012 passed by the High Court of Judicature of Madhya Pradesh at Jabalpur, sentencing the respondent for an offence under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891 to the sentence already undergone, but enhancing the fine from Rs. 500/- to Rs. 3000/-. The aforesaid Order of the High Court was passed in appeal filed 2. by the respondent herein against the Order dated 12.03.2007 passed 1 The Act 1 by the trial court whereby the respondent was convicted for the offence under Section 3(1)(xi) of the Act and was sentenced to undergo rigorous imprisonment for six months with fine of Rs. 500/-. In appeal, the High Court has reco...

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