Category Archives: Supreme Court

Supreme Court Of India Judgments Online

Abdul Razzaq Vs. State Of U.P.

SUPREME COURT OF INDIA
T.S. Thakur, Adarsh Kumar Goel, JJ.
[Criminal Misc. Petition No.17870 Of 2014 In Special Leave Petition (Crl.) No.2838 Of 2000]
Decided Date: 16/03/2015
Abdul Razzaq Vs. State Of U.P.

JUDGMENT:
Adarsh Kumar Goel, J.

1. This application has been filed under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the Act”) seeking release of the petitioner who has been found to be juvenile. Since special leave petition and review petition have been dismissed and we are inclined to allow the application, orders dismissing the special leave petition and review petition will stand recalled.

2. The petitioner was tried for the offence under Section 302 of the Indian Penal Code (‘IPC’) for causing the death of Amir Ullah on 18th February, 1979 at Firozabad, Uttar Pradesh. (more…)

R. Dineshkumar @ Deena Vs. State Rep. by Inspector of Police & Others

SUPREME COURT OF INDIA
J. Chelameswar, C. Nagappan, JJ.
[Criminal Appeal No. 454 Of 2015 arising Out Of Slp (Criminal) No.9928 Of 2014]
Decided Date: 16/03/2015
R. Dineshkumar @ Deena Vs. State Rep. by Inspector of Police & Others

JUDGMENT:
Chelameswar, J.

1. Leave granted.

2. One Vijayan @ Vijayakumar was killed on 4th June 2008 in the city of Chennai. It appears from the judgment under appeal that the incident occurred in the following manner: “At the time of occurrence, the deceased was proceeding in his car. The assailants came in a white Ambassador car, intentionally dashed the said car against the car driven by the deceased. As a result, the car driven by the deceased came to a halt. Some people suddenly emerged and brutally attacked Vijayan @ Vijayakumar and he succumbed to the (more…)

Commnr. Of Central Excise, Chennai-III Vs. Grasim Industries

SUPREME COURT OF INDIA
A.K. Sikri, Rohinton Fali Nariman, JJ.
[Civil Appeal No. 8359 Of 2003]
Decided Date: 13/03/2015
Commnr. Of Central Excise, Chennai-III Vs. Grasim Industries

JUDGMENT:
A.K. Sikri, J.

The issue involved in the present case pertains to the applicability of the doctrine of unjust enrichment in the case of refund of duty paid on ‘capital goods’ used captively. The factual matrix under which the aforesaid issue arises for consideration is taken note of, in short, hereinbelow: The respondent herein purchased Electro Static Precipitators (ESPs for short) from M/s. BHEL, Ranipet. In terms of Notification No.78/1990-CE dated 20.3.1990, the respondent was entitled to buy the said ESPs at concessional rate of duty which was 5% ad valorem in contra distinction to the normal rate of 15% ad valorem duty.

This concession rate becomes payable (more…)

Tukaram Dnyaneshwar Patil Vs. State Of Maharashtra & Ors.

SUPREME COURT OF INDIA
V. Gopala Gowda, C.Nagappan, JJ.
[Criminal Appeal No. 442 Of 2015 @ Slp(Crl.) No.1506 Of 2012]
Decided Date: 13/03/2015
Tukaram Dnyaneshwar Patil Vs. State Of Maharashtra & Ors.
With

[Criminal Appeal No. 443 Of 2015 @ Slp(Crl.) No.1505 Of 2012]

JUDGMENT:
C. Nagappan, J.

Leave granted in both the appeals.

Both the appeals are preferred against the judgment dated 14.7.2011 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Criminal Appeal No.284 of 1998, whereby the High Court partly allowed the said Criminal Appeal filed by respondents 2 to 4 herein/accused 1 to 3 and thereby set aside their conviction and sentence under Section 302 read with Section 34 IPC and instead convicted them for offence under Section 304 Part-II read with Section 34 (more…)

Shashikala & Ors. Vs. Gangalakshmamma & Anr.

SUPREME COURT OF INDIA
V. Gopala Gowda, R. Banumathi, JJ.
[Civil Appeal No. 2836 Of 2015 arising Out Of S.L.P.(Civil) No. 6016/2014]
Decided Date: 13/03/2015
Shashikala & Ors. Vs. Gangalakshmamma & Anr.

JUDGMENT:
R. BANUMATHI, J.

1. Leave granted.

2. This appeal arises out of judgment in M.F.A. No.136/2009 (MV) dated 15.7.2013 passed by the High Court of Karnataka, in and by which, the High Court modified the award passed by the Motor Accident Claims Tribunal, Bangalore (for short ‘the tribunal’) by enhancing the compensation to Rs.14,69,372/- from Rs.7,85,000/- awarded by the tribunal.

3. Appellant No.1 is the wife, appellants No.2 to 4 are children and appellants No.5 to 6 are the parents of the deceased Late Shri H.S. Ravi. The appellants have filed a claim petition under the Motor Vehicles Act on account (more…)

Sujitendra Nath Singh Roy Vs. State of West Bengal & Ors.

SUPREME COURT OF INDIA
Vikramajit Sen, Shiva Kirti Singh, JJ.
[Civil Appeal No. 7535 Of 2011]
Decided Date: 13/03/2015
Sujitendra Nath Singh Roy Vs. State of West Bengal & Ors.

JUDGMENT:
SHIVA KIRTI SINGH, J.

Heard learned counsel for both the parties.

This appeal has been preferred to assail an order dated 20th March 2009 by the High Court at Calcutta in W.P.L.R.T. No.54 of 2009. The High Court placed reliance upon a Division Bench judgment of that very Court in the case of Manju Banerjee v. Debabrata Pal reported in (2006) 1 WBLR (Cal) 147 and held the writ petition preferred by the appellant to be not maintainable. The issue raised in this appeal is whether a writ application is maintainable against an order of West Bengal Land Reforms and Tenancy Tribunal (‘the Tribunal’), refusing (more…)