Dishonour of cheque – Quashing of complaint – Merely because somebody is managing the affairs of the company, per se, he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company – Person liable is in charge of and was responsible to the company for the conduct of the business of the company – Complaint quashed
SUPREME COURT OF INDIA DIVISION BENCH SIBY THOMAS — Appellant Vs. M/S. SOMANY CERAMICS LTD. — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal Appeal No.…
Penal Code, 1860 (IPC) – Sections 148, 149, 302 and 307 – Explosive Substance Act, 1908 – Sections 4 and 5 – Murder – Accused with 11 persons attacked with country made bombs as also Laathis and tabbal – Deceased received multiple injuries and eventually succumbed while receiving the treatment he was died – Deceased was a history-sheeter and had scores of criminal cases pending against him or cases in which he was involved – Simply because the deceased had a chequered past which constituted several run-ins with the law, Courts cannot give benefit thereof, particularly when such claims are bald assertions, to those accused of committing such a person’s murder – Conviction and sentence upheld – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH KAMAL PRASAD AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH) — Respondent ( Before : Abhay S. Oka…
Irretrievable breakdown of marriage – Divorce – Husband was about 89 years old and wife aged about 82 years – One should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society – it would not be desirable to accept the formula of “irretrievable break down of marriage” as a strait-jacket formula for the grant of relief of divorce under Article 142 of the Constitution of India – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH DR. NIRMAL SINGH PANESAR — Appellant Vs. MRS. PARAMJIT KAUR PANESAR @AJINDER KAUR PANESAR — Respondent ( Before : Aniruddha Bose and Bela M.…
Work Agreement – Payments and Advances – Payment has to be made in the foreign currency only along with computed interest – It would be open for the parties to pay and the other parties claiming to accept the Indian currency either at the current rate or at the agreed rate but this Court cannot meddle with the terms of the agreement or the award or the directions contained in the judgment of this Court dated 24.02.2015.
SUPREME COURT OF INDIA DIVISION BENCH NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED — Appellant Vs. ROYAL CONSTRUCTION COMPANY PRIVATE LTD. — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ.…
Rape with minor girl – Quantum of sentence – the mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general – Rights of the accused must be balanced with the effect of the crime on the victim and her family – This is a case which impacts the society – If undue leniency is shown to the respondent in the facts of the case, it will undermine the common man’s confidence in the justice delivery system –
SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. GAUTAM S/O MOHANLAL — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…
Service Law – Claim of benefits – Delay and laches – – Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy -But if the claim involved issues relating to seniority or promotion, etc., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied – Insofar as the consequential relief of recovery of arrears for a past period is concerned, the principles relating to recurring/successive wrongs will apply
SUPREME COURT OF INDIA DIVISION BENCH BICHITRANANDA BEHERA — Appellant Vs. STATE OF ORISSA AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Civil Appeal…
Service Law – Appointment – Selection process – It is entirely the prerogative of the employer, after applications are received from interested candidates or names of registered candidates are sponsored by the Employment Exchanges for public employment, to decide whether any such candidate intending to participate in the selection process is eligible in terms of the statutorily prescribed rules for appointment and also as to whether he ought to be allowed to enter the zone of consideration, i.e., to participate in the selection process
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. UZAIR IMRAN AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Civil…
Employees Provident Funds and Miscellaneous Provisions Act, 1952 – Section 7-A – Determination of dues payable – Mere fact that two Institutes, managed and controlled by the same management, offer different courses or were established at different times is not relevant for their clubbing under the EPF Act – Issue raised in the present appeal is not regarding the calculation of dues under the EPF Act, rather it is regarding the coverage of the EPF Act by clubbing of two Institutes – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH M/S MATHOSRI MANIKBAI KOTHARI COLLEGE OF VISUAL ARTS — Appellant Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER — Respondent ( Before : Hima Kohli and…
Service benefits – Deceased employee had attained the age of superannuation on 31.07.1991, whereas the chargesheet was issued to him on 07.12.1991 – Meaning thereby that on the date of his superannuation, no disciplinary proceeding was pending against him – This Court set aside the punishment order inflicted on the deceased employee, all the service benefits due to him along with interest @ 7% per annum from the date of his retirement till the payment is made, shall be paid by the appellant-Bank to his legal heirs within a period of three months.
SUPREME COURT OF INDIA DIVISION BENCH UCO BANK AND OTHERS — Appellant Vs. M.B. MOTWANI (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal,…
(NDPS) – Section 52A – Disposal of contraband – Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient compliance of the mandate of subsection (2) of Section 52A of the NDPS Act- No evidence has been brought on record to the effect that the procedure prescribed under subsections (2), (3) and (4) of Section 52A of the NDPS Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by the Magistrate – No evidence has also been brought on record that the samples were drawn in the presence of the Magistrate and the list of the samples so drawn were certified by the Magistrate – Conviction and sentence set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH YUSUF @ ASIF — Appellant Vs. STATE — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 3191…