(1)
SHANTILAL GULABCHAND MUTHA .....Appellant Vs.
TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD. AND ANOTHER .....Respondent D.D
18/03/2013
Civil Procedure – Decree under Order VIII Rule 10 CPC – Appellant failed to file written statement under impression that entire amount had been paid – Trial court decreed suit without examining issues or considering whether facts needed proof – Supreme Court held such decrees must reflect reasoning and ensure satisfaction that no fact needs proof despite deemed admission by Defendant [Para...
(2)
STATE OF UTTARAKHAND .....Appellant Vs.
YOGENDRA NATH ARORA .....Respondent D.D
18/03/2013
Prevention of Corruption – Sanction for Prosecution – Respondent, a Deputy General Manager on deputation, was prosecuted under the Prevention of Corruption Act without sanction from the State Government of Uttar Pradesh – High Court quashed prosecution for lack of valid sanction – Supreme Court upheld High Court's decision, clarifying that removal from office means termination from se...
(3)
NIRMALA J. JHALA .....Appellant Vs.
STATE OF GUJARAT AND ANOTHER .....Respondents D.D
18/03/2013
Judicial Officer – Compulsory Retirement – Appellant, a judicial officer, was compulsorily retired following allegations of demanding illegal gratification – Enquiry Officer found Appellant guilty based on statements recorded in preliminary inquiry – High Court dismissed Appellant's challenge – Supreme Court held reliance on preliminary inquiry statements without opportunity for cro...
(4)
INDRAJIT SURESHPRASAD BIND AND OTHERS .....Appellants Vs.
STATE OF GUJARAT .....Respondent D.D
18/03/2013
Dowry Death and Cruelty – Evidence – Appellants convicted under Sections 304B, 498A, and 306 IPC based primarily on a letter (Ext. 49) allegedly written by the deceased – Supreme Court found grave doubts regarding the authenticity of the letter – Defence evidence suggested the deceased was not at Ahmedabad when the letter was purportedly written – No other substantial evidence of cruelty...
(5)
JITENDRA RAGHUVANSHI AND OTHERS .....Appellants Vs.
BABITA RAGHUVANSHI AND ANOTHER .....Respondents D.D
15/03/2013
Matrimonial Disputes – Quashing of Criminal Proceedings – Appellants sought quashing of criminal proceedings under Sections 498A and 406 IPC and Dowry Prohibition Act following mutual settlement – Trial Court and High Court dismissed the petition citing non-compoundable nature of offences – Supreme Court held High Courts have inherent power under Section 482 CrPC to quash proceedings in ma...
(6)
THE UNION OF INDIA (UOI) AND OTHERS .....Appellants Vs.
ANIL KUMAR SARKAR .....Respondent D.D
15/03/2013
Promotion Denial – Sealed Cover Procedure – Respondent's promotion to Group 'A' (Junior Scale) of IRAS was withheld due to pending departmental and criminal proceedings – Supreme Court held that none of the conditions for applying the sealed cover procedure were met as of the relevant date, 21.04.2003 – High Court's decision to direct promotion upheld [Paras 8-12].Offic...
(7)
NAGENDRAPPA NATIKAR .....Appellant Vs.
NEELAMMA .....Respondent D.D
15/03/2013
Maintenance – Compromise in Section 125 CrPC Proceedings – Appellant and respondent entered into a compromise under Order XXIII Rule 3 CPC agreeing on a consolidated amount for permanent alimony – Respondent later filed for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act – Supreme Court held that a compromise in a Section 125 CrPC proceeding does not preclude filing...
(8)
RAJESH PATEL .....Appellant Vs.
STATE OF JHARKHAND .....Respondent D.D
15/03/2013
Rape Conviction – Reliability of Sole Testimony – Appellant convicted under Section 376 IPC based on sole testimony of the prosecutrix – Supreme Court found the testimony improbable and unnatural, unsupported by corroborating evidence – Non-examination of the doctor and investigating officer prejudiced the defense [Paras 8-12].Delay in FIR – Impact on Credibility – FIR lodged after 11 ...
(9)
NIRANJAN HEMCHANDRA SASHITTAL AND ANOTHER .....Appellants Vs.
STATE OF MAHARASHTRA .....Respondent D.D
15/03/2013
Speedy Trial – Prolonged Delay – Appellants filed a writ petition under Article 32 claiming violation of the right to a speedy trial due to the protracted delay in concluding the trial – Supreme Court analyzed the delay, attributing significant periods to the appellants' own actions, including filing numerous applications and seeking adjournments [Paras 6-9, 19].Balance of Consideration...