Judgments
Sonu Gupta Versus Deepak Gupta & Ors.
-At the stage of cognizance and summoning the Magistrate is required to apply his judicial mind only with a view to take cognizance of the offence, or, in other words, to find out whether prima facie case has been made out for summoning the accused persons. At this stage, the learned Magistrate is not required to consider the defence version or materials or Full Judgment
KRISHNA HARE GAUR Vs. VINOD KUMAR TYAGI AND ORS
-When the appointment is made de hors the rules, the same is a nullity. In such an eventuality, the statutory bar like doctrine of res judicata is not attracted. -"From the above, it is evident that even in judicial proceedings, once a fraud is proved, all advantages gained by playing fraud can be taken away. In such an eventuality the questions of non-executing of the Full Judgment
MADHUKAR SADBHA SHIVARKAR (D) BY LRS. Vs. STATE OF MAHARASHTRA & ORS.
In our considered view, the orders impugned in the writ petitions which are affirmed by the High Court, are perfectly legal and valid and therefore, the same do not warrant interference by this Court in exercise of power of this Court under Article 136 of the Constitution, but on the other hand, the aforesaid orders of the State Government can also be traceable to executive power of Full Judgment
C/M Govind Prasad Shukla Inter College Gaura Chouki & Anr. Vs State Of U.P.Thru.The Prin.Secy.Secondary Education & 5 Ors.
PUNJAB STATE POWER CORPORATION LIMITED VERSUS PUNJAB STATE ELECTRICITY REGULATORY COMMISSION & ORS.
An appeal under Section 125 of the Electricity Act, 2003 is maintainable before this Court only on the grounds specified in Section 100 of the Code of Civil Procedure. Section 100 CPC in turn permits filing of an appeal only if the case involves a substantial question of law- The appeal is, therefore, dismissed Full Judgment
M/S BENNET COLEMAN & CO.LTD. Vs. STATE OF BIHAR & ORS.
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment
Budru Kashyap Vs State of Chhattisgarh & others ,Yogendra Kumar Sahu Vs State of Chhattisgarh & others ,Smt. Madhukala Jha Vs State of Chhattisgarh & others ,Father Thedor Toppo Vs State of Chhattisgarh & others
RAMESH CHANDRA Vs. UNIVERSITY OF DELHI & ORS.
In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair. Full Judgment
M/S ANVIL CABLES PVT LTD Vs. COMMNR.OF CENTRAL TAXES & SERVICE TAX
-Looking at the peculiar facts of the case, in the interests of justice, we direct that upon payment of Rs. 25,000/- by way of costs to the sole respondent within two months from today, the impugned Judgment shall be set aside and Tax Appeal No. 3 of 2013 shall be restored to its original number and shall be heard on merits by the High Court. Full Judgment
L.LAXMIKANTA Vs. STATE TR.SUPDT.OF POLICE LOKAYUKTA
It is a settled principle in law laid down by this Court in a number of decisions that once the demand and voluntary acceptance of illegal gratification knowing it to be the bribe are proved by evidence then conviction must follow under Section 7 ibid against the accused. Indeed, these twin requirements are sine qua non for proving the Full Judgment
KANAKLATA Vs. STATE OF NCT OF DELHI & ORS.
Held: The question is whether the apprehension of the complainant is reasonable for us to direct a transfer. Justice must not only be done but must seem to have been done. A lurking suspicion in the mind of the complainant will leave him with a brooding sense of having suffered injustice not because he had no case, but because the Presiding Officer had a preconceived notion about it. Full Judgment
BHAVANBHAI BHAYABHAI PANELLA Vs. THE STATE OF GUJARAT
The only question which survives for consideration is the sentence to be awarded- Having regard to the totality of circumstances, we are of the view that ends of justice will be met if the sentence awarded to the appellant is reduced to RI for ten years. However, sentence of fine and compensation as also default sentence and direction for recovery of the amount payable as compensation are Full Judgment