20 February, 2015

High Court cannot quash prosecution solely on the ground that Govt. had proposal to withdraw the prosecution

SUPREME COURT OF INDIA

Before :- N. Santosh Hegde & P.K. Balasubramanyan, JJ.
Criminal Appeal No. 964 of 2002. D/d. 22.2.2005

Balkar Singh - Appellant
Versus
Jagdish Kumar & Ors. - Respondents

WITH
Criminal Appeal No. 334 of 2005 (@ SLP(Crl.) No. 510 of 2004).
For the Appellant :- Ajay Majithia and Dr. Kailash Chand, Advocates.
For the Respondent :- M.N. Krishnamani, Sr. Advocate with N.M. Varghese, Ms. Tessy Paul, K.V. Mohan, Bimal Roy Jad, Dhruv Mehta and Mohit Choudhary, Advocates.


Supreme Court of India

JUDGMENT


Santosh Hegde, J. - The appellant is the complainant in FIR No. 26 dated 10.2.1998 registered with the Police Station, Majitha in Punjab. In the said complaint he alleged that the respondent herein Jagdish Kumar and some others of M/s Bhalla Kheti Store and the respondent Rakesh Kumar and

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20 February, 2015 by Puneet Batish · 0

17 February, 2015

Continuity of the possession is to be presumed unless some evidence is produced to the contrary

FINANCIAL COMMISSIONER PUNJAB

Before :- Mrs. Shyama Mann, F.C.
R.O.R. No. 496 of 1995-96. D/d. 13.1.1998.


Mukand Singh - Petitioner
Versus
Gurmail Singh alias Gela Singh - Respondent

For the Petitioner :- Mr. A.S. Brar, Advocate.
For the Respondent :- Mr. Vinod Kataria, Advocate.

ORDER

Shyama Mann, FC. - This is a reference dated 19.6.1996 from the Commissioner, Faridkot Division, Faridkot vide which he has recommended acceptance of the revision petition and for recording khasra girdawari of land comprised in Khasra No. 6M/16/1(7-16) measuring 7 kanals 1 marla situated in village Baho Sivian, Tehsil and District Bathinda in favour of the petitioner.

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17 February, 2015 by Puneet Batish · 0

18 December, 2014

Recovery of 13 kgs of opium - Sealed sample sent to FSL from Malkhana - No explanation where the sealed sample remained for two days before it reached FSL - Accused acquitted

PUNJAB AND HARYANA HIGH COURT (FB)

Before :- Binod Kumar Roy, C.J., V.K. Bali and Swatanter Kumar, JJ.
Criminal Appeal No. 312-DB of 1995. D/d. 19.8.2004

Mohan Singh - Appellant
Versus
State of Punjab - Respondent

For the Appellant :- Mr. T.P.S. Mann, Advocate.
For the Respondent :- Mr. Charu Tuli, Senior Deputy Advocate General, Punjab.

Punjab and Haryana High Court, Chandigarh

JUDGMENT


Swatanter Kumar, J. - Appellant Mohan Singh preferred the above criminal appeal against the order of conviction and judgment passed by the learned Additional Sessions Judge, Amritsar, dated 11.7.1995, sentencing the appellant to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,00,000/- and in default thereto to further undergo rigorous imprisonment for two years for an offence under Section 18

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18 December, 2014 by Puneet Batish · 0

03 December, 2014

Medical evidence regarding death based on state of food in stomach cannot be brushed aside merely by saying it to be only an opinion evidence - Semi-digested food in stomach of deceased throws doubt on prosecution case regarding time of death

SUPREME COURT OF INDIA

Before :- S. Natarajan And Kuldip Singh, JJ.
Criminal Appeal No. 86 of 1979. D/d. 7.4.1989.

Surinder Singh - Appellant
Versus
State Of Punjab - Respondent


Supreme Court of India

JUDGMENT

Natarajan, J.- The appellant Surinder Singh who has preferred this appeal by special leave has been convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs 3000 and to undergo three years RI in default of payment of fine. He has also been convicted under Sections 25 and 27

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03 December, 2014 by Puneet Batish · 0

29 November, 2014

Police submitting a report that offence was made out against accused - Magistrate may disagree with report and drop the proceedings

SUPREME COURT OF INDIA

Before :- Arijit Pasayat and C.K. Thakker, JJ.
Criminal Appeal No. 639 of 1999. D/d. 28.9.2004

Gangadhar Janardan Mhatre - Appellant
Versus
State of Maharashtra and ors. - Respondents

For the Appellant :- Ajay Majithia, Shekhar K. Sinha and S.B. Upadhyay, Advocates.
For the Respondents :- Sushil Karanjakar, Vishwajit Singh and R.K. Adsure, Advocates.

Supreme Court of India

JUDGMENT


Arijit Pasayat, J. - The appellant calls in question legality of the order passed by a Division Bench of the Bombay High Court dismissing the Criminal Writ Petition No. 1013 of 1997 filed by the appellant.

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29 November, 2014 by Puneet Batish · 0

28 November, 2014

FIR lodged in an offence, but police taking no action - Complainant can lay a complaint before Magistrate under Section 190 read with Section 200 CrPC - If Magistrate finds that complaint/evidence recorded prima facie discloses an offence, he is empowered to take cognizance of the offence and would issue process to the accused

SUPREME COURT OF INDIA

Before :- Arijit Pasayat and Altamas Kabir, JJ.
Writ Petition (Criminal) No. 140 of 2006. D/d. 16.6.2006

Hari Singh - Petitioner
Versus
State of U.P. - Respondent

For the Appellant :- Parmanand Katara, Sr. Advocate, Manjeet Chawla, Kusum Lata Sharma, Albel Bhati, Advocates.

Supreme Court of India

JUDGMENT


Arijit Pasayat, J. - This petition was filed under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') is for a direction to conduct enquiry by the Central Bureau of Investigation (in short the 'CBI') into the murder of one Yashvir Singh, son of the petitioner. The allegation is that though First Information

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28 November, 2014 by Puneet Batish · 0

26 November, 2014

If there is some clerical mistake or some mistake which can otherwise be segrigated and cured, such mistakes do not vitiate whole of the award - Court can correct such mistakes by modifying the award and whole of the award need not be set aside for such mistakes

PUNJAB AND HARYANA HIGH COURT

Before :- Amarjeet Chaudhary, J.
First Appeal from Order No. 364 of 1992. D/d. 18.7.1994.

Gables India Pvt. Ltd. - Appellant
Versus
State of Punjab - Respondent

For the Appellant :- R.S. Mittal, Sr. Adv. with M/s Arun Singal, and P.S. Rana, Advocates.
For the Respondents :- Mr. G.K. Chatrath, Advocate General, Punjab with Mr. Arun Walia, Assistant Advocate General Punjab.

Punjab and Haryana High Court, Chandigarh

JUDGMENT


Amarjit Chaudhary, J. - M/s. Gables 9 (India) Private Limited has filed this appeal against the judgment of Sub-Jduge 1st Class, Ropar, dated January 4, 1992, vide which the trial Court on application under Sections 30 and 33 of the Arbitration Act filed by the State of Punjab had set aside the award rendered by the sole Arbitrator on 23.8.1990.

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26 November, 2014 by Puneet Batish · 0

Driver holding learner's licence - Expiry of licence before date of accident - Driver applying for regular licence within 30 days of expiry of learner's licence - Held - Regular licence is automatically renewed if application for the same is made within 30 days from the date of expiry - However, no such provision is there for automatic renewal of learner's licence

SUPREME COURT OF INDIA

Before :- S.B. Sinha and Mukundakam Sharma, JJ. 
Civil Appeal No. 1537 of 2009. D/d. 05.03.2009.

Bhuwan Singh - Appellant
Versus
M/s Oriental Insurance Company Ltd. and Anr. - Respondents

For the Appellants :- Mrs. Rachana Josihi Issar, Shailendra Kumar, Ms. Nidhi Tewari, Advocate.
For the Respondents :- Ms. Majusha Wadhwa, Ms. Samina Sheikh, Advocate.

Supreme Court of India

JUDGMENT


S.B. Sinha, J. - Leave granted.
2. This appeal is directed against a judgment and order dated 3-04-2008 passed by a learned Single Judge of the High Court of Uttarakhand at Nainital in Appeal From Order No. 589 of 2006.

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by Puneet Batish · 0

19 November, 2014

Admission made by a party in Court - Admission is a valid and relevant piece of evidence to be used in other legal proceedings - Since an admission originates (either orally or in written form) from the person against whom it is sought to be produced, it is the best possible form of evidence - Supreme Court 2011

SUPREME COURT OF INDIA

Before :- Dalveer Bhandari and Deepak Verma, JJ.
Civil Appeal No. 3617 of 2011 (Arising out of S.L.P. (C) No. 16921 of 2006). D/d. 26.4.2011.

Mritunjoy Sett - Appellant
Versus
Jadunath Basak (D) by Lrs. - Respondents

For the Appellant :- Dhruv Mehta, Senior Advocate, Sriram Krishna, Ms. Malashree Ghosh and B.P. Yadav (for Mrs. Sarla Chandra), Advocates.

Supreme Court of India

JUDGMENT


Deepak Verma, J. - Leave granted.
2. In this appeal, the question that arises for our consideration is whether the Notice of eviction served by the appellant-landlord upon the respondent- tenant under Section 13 (6) of the West Bengal Premises Tenancy Act, 1956 (hereinafter shall be referred to as the "Act"), thereby determining his tenancy, was valid, legal and in accordance with law or not ?

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19 November, 2014 by Puneet Batish · 0

18 November, 2014

Section 340 CrPC - Document forged while it was in custody of Court - Offence is made out, but Court may not lodge a complaint where effect of forged document was minimal on the administration of Justice

SUPREME COURT OF INDIA

Before :- R.C.Lahoti, CJI, B.N. Agrawal, H.K. Sema, G.P. Mathur & P.K. Balasubramanyan, JJ.
Criminal Appeal No. 402 of 2005 (Arising out of Special Leave Petition (Criminal) No. 4111/2000). D/d. 11.3.2005

Iqbal Singh Marwah & Anr. - Appellants
Versus
Meenakshi Marwah & Anr. - Respondents

(With Criminal Appeal Nos. 904/1998 & 1069-1070/1998)
For the Appearing Parties :- Dr. A.M. Singhvi, T.L.V. Iyer, Y.P. Narula, Sr. Advocates with Joy Basu, Vinod Kumar, Rahul Tyagi, Madhurendra Kumar, B.K. Satija, V. Krishnamurthy, P.R. Kovilan, V. Balachandaran, Gopalakrishnan, Abhay Kumar, Subramonium Prasad, Abhijeet Chatterjee, Subodh Pathak, Ms. Seema Bengani, Chanchal Kr. Ganguly, Raghuvendra S. Srivastava, V. Senthil Kumar, V.J. Francis, P.I. Jose, Jenis V. Francis, Anupam Mishra, E.M.S. Anam, Shantha Kr. V. Mahale and Rajesh Mahale, Advocates.

Supreme Court of India

JUDGMENT


G.P. Mathur, J. - Leave granted in Special Leave Petition (Crl) No. 4111 of 2000.
2. In view of conflict of opinion between two decisions of this Court each rendered by a bench of three learned Judges in Surjit Singh v. Balbir Singh, 1996(3) RCR(Crl.) 240 (SC) : 1996(3) SCC 533 and Sachida Nand Singh v. State of Bihar, 1998(1) RCR(Crl.) 823 (SC) : 1998(2) SCC 493, regarding interpretation of Section 195(1)(b)(ii) of Code of Criminal Procedure 1973 (for short 'Cr.P.C.'), this appeal has been placed before the present Bench.

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18 November, 2014 by Puneet Batish · 0

16 November, 2014

Section 190 CrPC empowers the Magistrate to take cognizance of any offence on receipt of information from any person other than a police officer or upon his own knowledge, that an offence has been committed

PUNJAB AND HARYANA HIGH COURT

Before :- Satish Kumar Mittal, J.
Criminal Misc. No. 50338-M of 2003. D/d. 6.4.2004

Rohin Kumar Sachdeva - Petitioner
Versus
State of Punjab - Respondent

For the Petitioner :- Mr. P.S. Hundal, Advocate.
For the Respondent :- Mr. Rajinder Singh, AAG, Punjab.

Punjab and Haryana High Court, Chandigarh

JUDGMENT


Satish Kumar Mittal, J. - In this petition, the questions that arise for consideration are whether the power of the Judicial Magistrate under Section 190 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') can be exercised or survive after taking cognizance of an offence and after recording of some prosecution evidence, irrespective of the power under Section 319 of the Code, for summoning a new person to proceed against him on the basis of the material submitted by the police in its final report under Section 173 of the Code; and secondly whether at the stage when some evidence has been recorded during the course of trial, charge can be framed against the additional accused only on the basis of material and documents enclosed by the police with the final report submitted under section 173 of the Code.

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16 November, 2014 by Puneet Batish · 0

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