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criminal appellate jurisdiction criminal appeal number. 310-311 of 1992. from the judgment and order dated 9.12.1991 of the delhi high court in crl.m. m number 2409/91 and crl. r. number 201 of 1991. t.s.tulsi addl. solicitor general kailash vasdev and ms. alpana kirpal for the appellant. ram jethmalani dinesh mathu...
1996 2 SCR 479 The Judgment of the Court was delivered by SAGHIR AHMAD, J. These two petitions filed under Article 32 of the Constitution of India for writs in the nature of habeas companypus were allowed by us a short order on 21st November, 1995. We number proceed to give our reasons. Kundanbahi Dulabhai Shaikh, p...
Arising out of SLP C No.18892 OF 2005 KAPADIA, J. Leave granted. Is the companysumer beneficial jurisdiction extendable to assessment and quantification of duty including penalty under the Electricity Act, 2003, is the question which arose before the State Commission under the Consumer Protection Act, 1986. With th...
PARIPOORNAN. J. Special leave granted. We heard Counsel. There are three appellants in this appeal. They are - Sri Ramesh Chander, Ex. Head Constable No.10152 D.A.P., Shri Devinder Singh, Constable No.10744, D.A.P. and 3 Shri Dharambir Singh, Constable No.10724, D.A.P., attached to Delhi Police, 9th Battalion, D.A.P ...
civil appellate jurisdiction civil appeals number. 104- 105 of 1981 appeals by special leave from the judgment and order dated the 18th august 1980 of the bombay high companyrt in writ petition number. 30 and 115 of 1979. m. tarkunde p.h. parekh mrs. manik karanjewal and miss indu malhotra for the appellants. anil dew...
D. Dua, J. These two petitions W.P. No. 601 of 1970 and T.P. No. 12 of 1971 forwarded to this Court by post through jail authorities by the same petitioner have been placed before us for hearing together because in the companycluding prayer in the Transfer Petition which is dated April 12, 1971, after pointing out t...
REPORTABLE CIVIL APPEAL NO. 5850 OF 2005 with Civil Appeal No. 5871 of 2005 KAPADIA, J. The companytroversy in these civil appeals is whether appellant is liable to pay Access Deficit Charges ADC to BSNL for the period companymencing from 14.11.2004 to 26.8.2005 in respect of its service provided under its brand nam...
S. THAKUR, J. Leave granted. These appeals by special leave are directed against an order dated 21st September, 2010 passed by a Division Bench of the High Court of Assam at Guahati whereby Writ Appeal No.202 of 2007 filed by the respondents herein has been allowed, order dated 13th April, 2007 passed by a learned Sin...
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 55 of 1971. Appeal by special leave from the Judgment and order dated the 29th September 1970, of the Allahabad High Court Lucknow Bench in Criminal Revision No. 364 of 1966. Debabrata Mukherjee Manoj Swaroop and U. S. Prasad, for the appellants. Shivpujan Singh, fo...
ARIJIT PASAYAT,J Different political ideologies may be followed in a democratic set up that is but natural. But when differences become physical and lead to loss of life by violent acts it reflected sadly on the political maturity of people and the citizens at large. The present case, as the prosecution version shows,...
Dipak Misra, J. The instant appeal has been preferred under Section 116A of the Representation of the People Act, 1951 for brevity, the Act assailing against judgment and order dated 08.02.2017 whereby the High Court of Gauhati had allowed the Election Petition 2 of 2014 filed by the respondent herein, and declared ...
civil appellate jurisdiction civil appeal number 1998 of 1969. appeal by special leave from the judgment and decree dated 3-10-1968 of the punjab and haryana high companyrt in p.a. number 348/64. c. mahajan mrs. urmila kapoor and mrs. shobha dikshit for the appellants. hardev singh for the respondent. the judgment of ...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 38 of 1960. Appeal by special leave from the judgment and order dated October 6, 1958, of the Punjab High Court in Letters Patent Appeal No. 52 of 1954, arising out of the judgment and order dated June 15, 1954, of the said High Court in First Appeal from Order No. 149 of 1...
civil appellate jurisdiction civil appeal number. 266-267 of 1993. from the judgment and order dated 8.2.91 22.3.91-of the central administrative tribunal principal bench new delhi in o.a. number 2540/89 m.p. number 219 of 1991. t.s. tulsi additional solicitor general b. parthasarthy parmeshwaran and c.v.s. rao for t...
2004 2 SCR 479 The Judgment of the Court was delivered by BRIJESH KUMAR, J. This Petition has been filed under Article 32 of the Constitution of India by the pensioners all of whom are said to be over 75 years of age and had been serving the Assam Oil Company Limited, having retired on or before October 13, 1981. The...
P. Kurdukar, J. Civil Appeal No. 4484 of 1991 is filed by the appellant plaintiff challenging the legality and companyrectness of the judgment and order dated 21-12-1990 passed by the High Court in Appeal No. 122 of 1980. The dispute in this appeal is companyfined to a tenanted premises situated in Mattuplayam Road,...
Application for substitution is allowed. Leave granted. Heard Mr. R.K. Kapoor, learned companynsel in support of this appeal and learned companynsel appearing for the Collector, Land Acquisition Department of the State of Punjab. The appellants are seeking enhancement of companypensation for the acquisition of their l...
S. SIRPURKAR, J. The present appeal is directed against the judgment of the High Court dismissing the appeal of the appellant Dasrath. He was companyvicted by the Trial Court of the offence under Section 304B, Indian Penal Code IPC and was sentenced to suffer rigorous imprisonment for 10 years and pay a fine of Rs. ...
Delay companydoned. Special leave granted. After hearing the learned Counsel for the appellant, we are of the opinion that a question of law did arise. We, therefore, direct the Tribunal to state the case and refer the following question of law to the High Court Whether on the facts and in the circumstances of the cas...
SLP C No. 7405 OF 2005 WITH A. NO.2 IN C.A. SLP CIVIL NO.7405 OF 2005 WITH CIVIL APPEAL NO. OF 2005 SLP C Nos. 7549-7550 of 2005 WITH A. NO. 7-11 IN C.A. SLP CIVIL NOS.7549-7550 OF 2005 WITH CIVIL APPEAL NO. OF 2005 SLP C NO. 10511 of 2005 WITH A. NO.3 IN C.A. SLP CIVIL NO.10511 OF 2005 WITH CIVIL APPEAL NO...
Grover J. This is an appeal by special leave from a judgment of the Bombay High Court in a reference made under section 66 1 of the Income-tax Act, 1922, hereinafter called the Act, answering the following question which had been referred to it in the negative and against the assessee Whether in companyputing for pur...
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 159 of 1957. Appeal by special leave from the judgment and order dated February 14, 1956, of the Bombay High Court in Criminal Appeal No. 1232 of 1955, arising out of the judgment and order dated October 3, 1955, of the Additional Sessions Judge for Greater Bombay in ...
K. THAKKER, J. Leave granted. The present appeal is directed against the judgment and order of companyviction and sentence recorded by the First Additional Sessions Judge, Ujjain, Madhya Pradesh on December 2, 1994 in Sessions Trial No.258 of 1993 and companyfirmed by the High Court of Madhya Pradesh Indore Bench on...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 108 of 1959. Appeal from the judgment and order dated November 25, 1958, of the Punjab High Court in F.A.0. No. 173 of 1958. V. Viswanatha Sastri and Naunit Lal, for the appellant. C. Setalvad, Attorney-General for India, V. A. Syed Mohammad and M. K. Ramamurthi, for respon...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2 of 1954. Appeal under article 132 1 of the Constitution of India from the Judgment and Order dated the 10th September, 1953, of the High Court of Judicature at Nagpur in Miscellaneous Petition No. 123 of 1953. C. Setalvad, Attorney-General for India P. P. Naik and I. N...
APPELLATE JURIDICTION Civil Appeal No. XXXVIII of 1949. Appeal from a Judgment of the High Court of Judicature at Madras Gentle C.J. and Patanjali Sastri J. dated August 22, 1947, in a reference under section 66 1 of the Indian Income-tax Act made by the Income-tax Appellate Tribunal Re . No. 25 of 1946 . Rajah Ai...
The three appellants on grant of special leave to appeal have brought in challenge that part of the order of the Central Administrative Tribunal, Madras, which according to them, is against them. The appellants were working as Munshis in Madras Telegraph Office. Their companytention before the Tribunal was that they w...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2368 of 1986 Etc. From the Judgment and Order dated 30.5.1986 of the Delhi High Court in CW No. 1295 of 1986. K. Venugopal, A.K. Ganguli, Yogeshwar Prasad, P.R. Seetharaman, S.K. Gupta and A.K. Srivastava for the Appellants. Soli J. Sorabjee, Attorney General, Kapil Sibbal,...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 23 of 1958. Appeal by special leave from the decision dated September 29, 1956, of the Labour Appellate Tribunal, Bombay, in Appeal Mad. No. 96 of 1956, arising out of the Award dated April 9, 1956, of the Industrial Tribunal., Madras, in I.D. No. 52 of 1954. V. Viswanath...
N. Grover, J. This is an appeal from a judgment of the Rajasthan High Court in which the sole question for determination is whether the agreements which were executed between the appellant and the respondent fulfil the requirements of Article 299 of the Constitution. In a suit filed by the respondent against the appel...
RAJENDRA BABU, J. LITTTTTTTJ By an order made on July 6, 1996, this Court finalised the scheme of rehabilitation of Ashok Paper Mills in Darbhanga in State of Bihar. However, that scheme companyld number be given effect to due to one reason or the other and this Court on April 26, 1999 companysidered various aspects o...
ORIGINAL JURISDICTION Civil Miscellaneous Petition No. 915 of 1957. Appeal under Order V, rule 3 of the Supreme Court Rules. V. S. Mani and Ganpat Rai, for the petitioner. 1957. October 14. The following Judgment of the Court was delivered by VENKATARAMA AIYAR J.-This is a petition under Art. 71 1 of the Constitution ...
Leave Granted. We have heard learned companynsel on both sides. The respondents had filed writ petition claiming higher scale of pay on their acquiring B.T. E.Ed. qualification. Admittedly, they were appointed as Junior Basic Teachers. They improved their qualifications and claimed parity on the basis of the letter iss...
N. Singh, J. After hearing learned Counsel for the parties we dismissed the appeal on 19.8.86 and directed that the reasons shall follow later on. Accordingly we are giving the reasons for our decision. This appeal by special leave is directed against the order of the High Court of Delhi dismissing the appellants appe...
Mrs. Sujata V. Manohar, J. Delay companydoned. Leave granted. Heard both sides. This is an appeal from the judgment and order of the Delhi High Court dated 15.7.1996 in Civil Writ Petition No. 3469 of 1994, and from an order dated 19.3.1997 in a Contempt Petition filed in companynection with the order of 15.7.1996, bei...
civil appellate jurisdiction civil appeal number 182 of 1956. appeal by special leave from the judgment and order dated numberember 23 1955 of the labour appellate tribunal of india bombay in appeal number 224 of 1953 arising out -of an award part ii dated june 4 1953 of the bombay industrial tribunal in reference nu...
With CIVIL APPEAL NO. 4382 OF 2001 BHAN, J. This order shall dispose of the two sets of Civil Appeals. The Civil Appeal Nos. 553-554 of 2001 filed by M s. North West Switchgear Limited and the Civil Appeal No. 4382 of 2001 filed by M s. Kesharbai Electronics Pvt. Ltd. for short the appellants . As the point involved i...
J U D G M E N T WITH Arising out of SLP C No. 4491 of 2003 Arising out of SLP C 12703/2003 CC.5872/2003 ARIJIT PASAYAT,J Delay companydoned in SLP C /2003 CC 5872/2003 . Leave granted. The basic issue in these two appeals relates to the scope and ambit of Sub-Rule 2 of Rule 10 of the Central Civil Services ...
B. Majmudar and K.T. Thomas, JJ. We have heard learned Counsel for the parties. The question involved is about the recovery of the duty pursuant to the order dated 30th July 1984 passed by the Collector of Bombay. This order companyld have been made subject matter of an appeal under Section 128 of the Customs Act, 196...
P.Singh, J. The appellants herein have impugned the judgment and order of the High Court of Judicature at Madras dated March 23, 1997 in Criminal Appeal No.177 of 1988 whereby their companyviction under Section 302 read with Section 149 of the IPC and sentence of life imprisonment, as well as their companyviction unde...
CIVIL APPELLATE JURISDICTION Review Petition No. 36 of 1977. Application for review of this Courts Judgment dated 6th of De76. IN Civil Appeal No. 941-A of 1976 K. Sen, M. C. Bhandare, Mrs. Urimila Kapoor, Miss . Kamlesh Bansal and Mrs. Shobha Dikshit for the Petitioners. Bashir Ahmed, K. L. Hathi and P. C. Kapoor...
NANAVATI, J. The respondent was appointed as a Sub-Inspector of Police in 1962. While posted at Madurai, a departmental action was initiated against him under Rule 3 b of the Tamil Nadu Police Subordinate Services Discipline and Appeal Rules and on being found guilty he was dismissed from service by an order dated 3...
Jagannatha Shetty, J. Special leave granted. We must first express our disapproval of the way in which the department of Director General Border Road DGBR has behaved in this pitiable case. Ram Kumar was working as Storekeeper in the Department of Director General Border Road DGBR . In October 1982, he died in harn...
D. Dua, J. Five persons were tried in the Court of the Additional Sessions Judge, First Court, Monghyr for charges Under Sections 395, 307 and 398, I.P.C. All of them were companyvicted Under Section 395, IPC and acquitted of the charge Under Section 398, IPC. Accused, Akal Yadav, was in addition companyvicted Under S...
civil appellate jurisdiction civil appeal number 135 of 1955. appeal by special leave from the judgment and order dated october 30 1952 of the labour appellate tribunal of india allahabad in misc. case number c-146 of 1952. r. biswas for the appellant.sukumar ghose amicus curiae for the respondents. 1956. numberembe...
CIVIL APPELLATE JURISDICTION Civil Appeal No. 236 of 1955. Appeal from the judgment and order dated August 3, 1953, of the Punjab High Court in Civil Reference No. 7/1952. C. Setalvad, Attorney-General for India, K. N. Rajagopal Sastri and D. Gupta, for the appellant. C. Chatterjee and S. K. Sekhri, for the respondent....
P.MOHAPATRA ,J. LITTTTTTTJ On analysis of the case of the parties and the companytentions raised by learned companynsel on their behalf, the question that arises for determination is whether the appellant has established a case for declaring the marriage null and void under section 12 1 b read with Section 5 ii of ...
CIVIl, APPELLATE JURISDICTION Civil Appeal No. 2294 1968. Appeal from the Judgment and Order dated 25-9-1967 of the Madhya Pradesh High Court in Misc. Petition No. 595/66. N. Sinha, Sol. Genl, B. Datta and Girish Chandra for the Appellants. K. Gambhir, amicus curiae, for the Respondent. The Judgment of the Court was de...
CHANDRAMAULI KR. PRASAD, J. All these appeals arise out of a companymon judgment dated 14th February, 2006 passed by the Division Bench of the Delhi High Court in LPA Nos.189 of 2000, 289-290 of 2000 and 294 of 2000, whereby the appeals of the appellants have been dismissed and the appeal preferred by the respondent a...
GANGULY, J. Leave granted. This appeal has been filed challenging the judgment and order dated 19.02.2009 of the National Consumer Disputes Redressal Commission, New Delhi hereinafter, National Commission which upheld the finding of the State Consumer Forum. The order of the National Commission runs as follows Heard...
### Human: Identify the key issue in the following legal scenario. ### Assistant: In Mehta v. Kapoor, Mehta, a tenant, sues Kapoor, a landlord, under the Indian Rent Control Act, for failure to provide basic amenities in the rented property. Mehta faced a blackout due to faulty wiring, which Kapoor knew about. ### Huma...
### Human: Summarize the main arguments of the following Supreme Court of India judgment. ### Assistant: In Kesavananda Bharati v. State of Kerala, the Supreme Court held that the Parliament could not alter the basic structure of the Constitution. This included fundamental rights that were deemed inviolable. ### Human:...
### Human: Interpret the meaning of the following provision in the Indian Penal Code. ### Assistant: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property, is said to commit theft. ### Human: This provision describes theft. If ...
### Human: Draft a clause for a non-disclosure agreement under Indian law to protect a company's confidential information. ### Assistant: ### Human: The Recipient shall use the Confidential Information solely for the Purpose and shall not disclose such Confidential Information to any third party without the prior writ...
### Human: Write an opening statement for a defense attorney in a defamation case under Indian law. ### Assistant: ### Human: Honourable court, my client has been unjustly accused of defamation. However, as the evidence will show, my client's actions were either truthful or represent fair comments made in the public i...
### Human: Analyze the potential legal risks in the following business scenario under Indian law. ### Assistant: Company XYZ plans to launch a new service that uses biometric data for user authentication. They want to store this data in their servers but are concerned about privacy issues. ### Human: Company XYZ could ...
### Human: Summarize the main points of Article 21 of the Indian Constitution. ### Assistant: ### Human: Article 21 of the Indian Constitution provides that no person shall be deprived of their life or personal liberty except according to procedure established by law. It safeguards the rights to life and personal free...
### Human: Identify the key issue in the following legal scenario. ### Assistant: In Mehta v. Kapoor, Mehta, a tenant, sues Kapoor, a landlord, under the Indian Rent Control Act, for failure to provide basic amenities in the rented property. Mehta faced a blackout due to faulty wiring, which Kapoor knew about. ### Huma...
### Human: Summarize the main arguments of the following Supreme Court of India judgment. ### Assistant: In Kesavananda Bharati v. State of Kerala, the Supreme Court held that the Parliament could not alter the basic structure of the Constitution. This included fundamental rights that were deemed inviolable. ### Human:...
### Human: Interpret the meaning of the following provision in the Indian Penal Code. ### Assistant: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property, is said to commit theft. ### Human: This provision describes theft. If ...
### Human: Draft a clause for a non-disclosure agreement under Indian law to protect a company's confidential information. ### Assistant: ### Human: The Recipient shall use the Confidential Information solely for the Purpose and shall not disclose such Confidential Information to any third party without the prior writ...
### Human: Write an opening statement for a defense attorney in a defamation case under Indian law. ### Assistant: ### Human: Honourable court, my client has been unjustly accused of defamation. However, as the evidence will show, my client's actions were either truthful or represent fair comments made in the public i...
### Human: Analyze the potential legal risks in the following business scenario under Indian law. ### Assistant: Company XYZ plans to launch a new service that uses biometric data for user authentication. They want to store this data in their servers but are concerned about privacy issues. ### Human: Company XYZ could ...
### Human: Summarize the main points of Article 21 of the Indian Constitution. ### Assistant: ### Human: Article 21 of the Indian Constitution provides that no person shall be deprived of their life or personal liberty except according to procedure established by law. It safeguards the rights to life and personal free...