Supreme Court Decisions/Judgements Directory

Judges: S N Variava, H K Sema

09 December, 2003·JUDGMENT 2003 Supp(6) SCR 581 The Judgment of the Court was delivered by S.N. VARIAVA, J. Leave granted in Special Leave Petitions.All these Appeals are against the Judgments of the High Court dated 5th July, 2000 and 3rd May, 2001. The facts leading up to these Appeals are that as far back in 1983 ...

Judges: Ruma Pal, P Venkatarama Reddi

08 December, 2003·CASE NO.:Appeal (civil) 9631 of 2003 PETITIONER:Smt. Anokha RESPONDENT:The State of Rajasthan & Ors. DATE OF JUDGMENT: 08/12/2003 BENCH:RUMA PAL & P.VENKATARAMA REDDI JUDGMENT:J U D G M E N T [Arising out of SLP (Civil) No.7022 of 2003] RUMA PAL, J.Leave granted.Baby Alka Singh is the daughter of Sm...

Judges: S Rajendra Babu, Ruma Pal

08 December, 2003·JUDGMENT 2003 Supp(6) SCR 500 The Judgment of the Court was delivered by RAJENDRA BABU, J. The basic issue raised for consideration in these appeals is the retirement age of the respondents, who were teachers with the Appellant Society. According to the appellant, the retirement age of teachers in t...

Judges: S Rajendra Babu, Ruma Pal

08 December, 2003·JUDGMENT 2003 Supp(6) SCR 506 The Judgment of the Court was delivered by RAJENDRA BABU, J. Leave Granted.In execution of a decree the executing Court brought the properties owned by the Petitioner-Judgment Debtor for sale. Proclamation was punished on 19.07 1992. On 26.08.1992 the scheduled properti...

Judges: S N Variava, H K Sema

05 December, 2003·CASE NO.:Appeal (civil) 4424 of 1997 PETITIONER:Orissa Industrial Infrastructure Dev.Ltd. RESPONDENT:Supai Munda & Ors.DATE OF JUDGMENT: 05/12/2003 BENCH:S.N. VARIAVA & H.K. SEMA JUDGMENT:J U D G M E N T WITH CIVIL APPEAL NO. 9564 of 2003 SPECIAL LEAVE PETITION ( C ) NO. 19869 OF 1997 SEMA,J Leave g...

Judges: S R Babu, G Mathur

05 December, 2003·JUDGMENT S. Rajendra Babu, J.1. The Order of the Court was as follows : Leave granted.2. A complaint was lodged stating that the appellant before us has committed an offence punishable under Section 138 of Negotiable Instrument Act and he was convicted and sentenced to undergo simple imprisonment fo...

Judges: Y Sabharwal, D Dharmadhikari

05 December, 2003·1. Leave granted.2. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 on the ground that the two cheques, one, in the sum of Rs. 2,50,000/- and the other in the sum of Rs. 5,00,000/- were returned by the bank without payment with the endorsement that the payme...

Judges: Doraiswamy Raju, Arijit Pasayat

05 December, 2003·CASE NO.:Appeal (crl.) 551-552 of 1997 PETITIONER:Govt. of A.P. and Ors.RESPONDENT:M.T. Khan DATE OF JUDGMENT: 05/12/2003 BENCH:DORAISWAMY RAJU & ARIJIT PASAYAT.JUDGMENT:J U D G M E N T ARIJIT PASAYAT,J These two appeals raise an interesting question involving the scope and ambit of Article 161 of t...

Judges: Doraiswamy Raju, Arijit Pasayat J U D G M E N T Arijit Pasayat J Questioning Conviction Made By The Assistant Commandant Of Central Reserve Police Force In Short The Crpf Made Under Section 10 M Of The Central Reserve Police Force Act 1949 In Short The Act And Consequential Sentences Imposed The Respondent Filed An Appeal Before The Sessions Judge Solan And Sirmaur The Sessions Judge Held That The Assistant Commandant Had No Jurisdiction To Record Conviction And Impose Sentence The Said Judgment Was Questioned Before The High Court Of Himachal Pradesh By A Revision Petition Filed By The Union Of India The Revision Was Also Dismissed Both The Sessions Judge And The High Court Held That The Assistant Commandant Iii Battalion Itbp Nahan Could Not Have Exercised Powers Of Judicial Magistrate Ist Class And Therefore The Trial And Conviction Of The Accused Respondent Were Illegal The High Court Held That Combined Reading Of Sections 11 12 And 13 Of The Code Of Criminal Procedure 1973 In Short The Code Clearly Rule Out The Appointment Of Any Person Exercising Powers Of Judicial Magistrate Ist Class In The Absence Of Conferment Of Powers By The High Court This According To The Sessions Judge And The High Court Stemmed From The Fact That There Was Separation Of Judiciary From The Executive In 1973 And Thereafter The Powers Of Appointment And Conferment For Functioning As Judicial Magistrate Either Of First Class Or Second Class Could Only Be Done By The High Court And The Central Government Or The State Government Had No Power To Invest Any Person With Powers Of Judicial Magistrate Of Any Class Reference Was Also Made To Section 5 Of The Code And Observed That The Expression In The Absence Of A Specific Provision To The Contrary Used Therein Did Not Render Section 162 Of The Act Redundant At This Juncture It Would Be Necessary To Take Note Of The Factual Position The Respondent While Functioning As A Constable Sweeper In The Iii Battalion Itbp Nahan Did Not Join Duty After Expiry Of The Leave Granted To Him Though He Was Granted Leave For The Period From 9 4 1987 To 24 5 1987 He Did Not Join After Expiry Of The Period There Was No Intimation To The Competent Authority Or Request For Extension Of Leave The Respondent Accepted That He Had Stayed Beyond The Period Of Leave But Indicated Several Reasons As To Why The Same Was Necessitated Complaint Was Lodged By The Concerned Authorities And The Assistant Commandant Exercising Powers Of Judicial Magistrate Ist Class In Terms Of Section 10 M Of The Act Issued Notice In Terms Of Section 251 Of The Code And After Trial Found Him Guilty And Sentenced Him To Undergo Imprisonment For Three Months The Said Order As Noted Above Was Questioned Before The Sessions Judge By The Respondent And In View Of The Relief Granted To Him By The Sessions Judge The Matter Was Carried In Revision By The Union Of India But The Same Having Been Rejected This Appeal Has Been Filed

04 December, 2003·CASE NO.:Appeal (crl.) 410 of 1997 PETITIONER:State (Union of India) RESPONDENT:Ram Saran DATE OF JUDGMENT: 04/12/2003 BENCH:DORAISWAMY RAJU & ARIJIT PASAYAT.@ J U D G M E N T ARIJIT PASAYAT,J Questioning conviction made by the Assistant Commandant of Central Reserve Police Force (in short the ’CRPF...

Judges: Doraiswamy Raju, Arijit Pasayat

04 December, 2003·CASE NO.:Appeal (civil) 9547 of 2003 Appeal (civil) 9549 of 2003 PETITIONER:Reserve Bank of India & Anr.RESPONDENT:Cecil Dennis Solomon & Anr. DATE OF JUDGMENT: 04/12/2003 BENCH:DORAISWAMY RAJU & ARIJIT PASAYAT JUDGMENT:J U D G M E N T (Arising out of SLP(C) No. 12159 of 2002) (Arising out of SLP (C...