Criminal Laws  - Curative petitions

Curative petitions - For recalling the 1996 judgment and order of this Court - Supreme Court - Held - That at every place in the judgment where the Court records the finding or makes an observation in regard to the appropriate charge against the accused, it qualifies the finding or the observation by saying "on the materials produced by the prosecution for framing charge", therefore, on the basis of the material on record, it is wrong to assume that the 1996 judgment is a fetter against the proper exercise of powers by a court of competent jurisdiction under the relevant provisions of the Code - Curative petitions dismissed.

Found In:  Judgement

Land Acquisition  - Land acquisition

Land Acquisition (Tamil Nadu Amendment) Act, 1996 - Section 48-B - Transfer of land to original owner in certain cases - Acquisition of land in 1995 representation was made by the respondent(s) for release/re-conveyance of a portion of the land which was acquired in 1949 inter alia on the ground that the appellant-Corporation was not utilising the same - Government of Tamil Nadu cancelled the order of re-conveyance earlier issued - Writ petition filed - High Court allowed the writ petitions inter alia on the ground that the Government is bound by provisions of promissory estoppel and also by reason of the fact that the order of cancellation of re-conveyance was passed without affording any opportunity of hearing to the land owners - Appeals - Respondent(s) has no right of asking for re-conveyance in 1995 as the possession of the property was taken over by the State as early as in 1949 when the Award was passed and the land vested in the State Government in 1962 - It was transferred to the Corporation - No case of malafide or perversity has been made out in the writ petitions - As per the clear mandate of Section 48 of the principal Act, no right of the landowners to apply for re-conveyance in respect of a land which had vested in the Government long ago - Impugned order of the High Court set aside - Appeals allowed - No costs.

Found In:  Judgement

Civil Law  - Allotment of land

Allotment of industrial sites - Applied for - Lease-cum-sale agreements - Executed in favour of respondents - Appellants issued letters to respondents - Writ petition - High Court - Quashed - Enhanced demands - Appeals - Board cannot be permitted - Exercise its powers - Fixing final price under Clause 7(b) at any indefinite time - After the allotment is made - Board sought - Fix final price after 13 years - Not permissible - "as soon as" contained in Clause 7(b) - Appeals dismissed.

Found In:  Judgement

Hindu Charitable and Religious Institutions Act and Rules, 1989  - Violation

Rule 13 - Violation - Serious dispute - Appellant in service of Temple for many years - Retired from service - Board of Trustees passed formal order - Extending services on contract basis - Writ petition - High Court nullified - Appeal - High Court failed to notice - 1989 Rules have no application to engagements made on contract basis or when services of government servants or employees of other organizations - Utilized on deputation - Impugned judgment High Court set aside - Board is directed to consider - Whether appellant ought to be granted further extension - Compensate for loss of service - Appeal allowed.

Found In:  Judgement

Indian Penal Code,1860  - Acquittal of charges

Acquittal of charges - Appeal - Committing murder of 2 persons - High Court set aside conviction - Alleged incident - Sought to be proved by PW3. - High Court disbelieved her evidence - Ground - She was unlikely to be present at the scene of incident - Her name did not figure in FIR - Improved her version - Not even tally with - Version given by injured - Ocular version - Contradicted by medical evidence - No plausible explanation - Delay in registration of FIR - Doubted authenticity of version given by PW3 - Ultimately concluded - Cumulative effect of all infirmities of prosecution - Probabilities of plea of self defence - Renders case doubtful - Supreme Court conclusions by High Court cannot be said - Either perverse or based on no evidence - Rightly acquitted on benefit of doubt - Appeal dismissed.

Found In:  Judgement

Criminal Laws  - Bail

Bail application - Filed by the respondents allegedly involved in false encounter - High Court granted bail to the accused - Appeal - Allegations made against the respondents cannot be brushed aside at the stage and the High Court also ought to have taken into consideration the serious nature of the allegations, the possibilities of undue influence being exerted on the witness for the prosecution at the instance of the police officials - Impugned orders of the High Court set aside - Appeals allowed.

Found In:  Judgement

Maharashtra Control of Organized Crime Act, 1999  - Section 3 , Indian Penal Code,1860  - Section 302 , Section 115 , Section 120-B

Conviction and sentence - Appeal filed by appellant - Dismissed - Confirming conviction and sentence - Hence appeal - Acquitting accused Nos. 1 to 4 - High Court recorded - Defence succeeded in creating a grave doubt about veracity of search and seizure - Taken place - Disbelieved voice identifications - No reason to adopt a different yardstick in case of appellant - Voice identification conducted - Without taking any precautions - Similar to precautions which are normally taken in - Visual identification of suspects by witnesses - No evidence on record - Connect absconding accused Bharat Nepali with mobile number allegedly used by him - No seizure of any mobile phone or even sim card behest of appellant - Supreme Court - Appellant entitled to benefit of doubt - Prosecution failed to prove its case beyond reasonable doubt - Conviction and sentence - Quashed and set aside - Appeal allowed - Acquittal.

Found In:  Judgement

Criminal Laws  - Transfer petition

Transfer petition - Deceased was killed by respondents in a fake encounter - Investigation was not progressing due to influence of local police - Matter entrusted to CBI - Police officials continue to exert influence even on investigation - Conducted by CBI - Hence petition - In order to cover up fake encounter - Deceased had been made an accused - In a case of theft and dacoity by police officials - Complainant made a serious grievance - Peculiar facts and circumstances of case - Necessary to ensure that there is no possibility of any undue influence by respondents on prosecution - Directed to transfer - Case to Court of Special Judge, CBI, Delhi, for trial or its assignment to an appropriate court.

Found In:  Judgement

Indian Penal Code,1860  - Section 498-A , Section 304-B , The Dowry Prohibition Act,1961  - Section 3 , Section 4

Dowry death - Deceased died an unnatural death - Consumption of insecticide poison - Trial Court acquitted all accused - High Court confirmed acquittal all except appellant - Appeal - High Court ignored exchange of letters between deceased and her mother - Disclosed cordial relations between two families - No neighbour examined - Justify victim came out of her house running and shouting - Accused administered poison to her - No circumstances available on record - Conclude - Someone forcibly administered poison to deceased - Impugned judgment High Court set aside - Appeal allowed.

Found In:  Judgement

The Consumer Protection Act,1986  - Section 23

Marine insurance policy - Repudiation of claim - Respondent purchased a vessel - Purpose scrapping - Took policy for hull and machinery for vessel - Vessel started 'funeral voyage' on its way - Completely damaged and could not beached at specified place - Extremely rough weather - Resulting total loss - Surveyor assessed claim under Total Loss Claim at Rs.13.69 crores - Claim not getting settled - Complaint filed - National Commission directed - Pay a sum of Rs.13.69 crores with interest at 9% per annum - Appeals - National Commission found actual total loss of vessel - Further found - At no point of time - Insurance company took any plea or stand - Any suppression on part of complainant - Not disclosing - One engine - Not functioning - Findings and conclusions by National Commission - Based on proper appreciation and elaborate consideration - Entire material available on record - Appeals dismissed.

Found In:  Judgement