The Supreme Court held that parties in a partition suit can seek benefit of amended laws during the pendency of the suit, and the preliminary decree can be varied in the final decree proceedings. In a suit for partition of joint property, a decree by consent among only some parties cannot be...
NDPS Act: Undue delay in trial can be a ground for granting bail to an accused The Supreme Court has held that undue delay in trial can be a ground for granting bail to an accused, despite the rigorous provisions of the Narcotic Drugs and Psychotropic Substances Act 1985. The court granted bail to...
Union of India v. R. S. Bhatnagar was a 1978 judgment of the Supreme Court of India. The case involved a challenge to a departmental inquiry that had been initiated against the respondent, R. S. Bhatnagar, who was an employee of the Union of India. The respondent argued that the inquiry was being...
A.K. Dubey And Another Versus Exide Industries Ltd. And 3 Others [S.C.C. REVISION No. - 36 of 2020] Judgment 1. Heard Sri A.P.Tewari, learned counsel for the revisionists. No one has appeared for the opposite parties however, a written argument was filed by Sri Manu Khare, Advocate, on behalf of...
Khalid Versus State Of U.P. Thru Prin Secy Deptt Of Home Civil Secy. [CRIMINAL MISC. BAIL APPLICATION No. - 376 of 2022] Judgment Heard Shri Lal Bahadur Khan, the learned counsel for the applicant and Shri Ravish Kumar Mishra, the learned A.G.A. and perused the record. The applicant, Khalid, has...
Bheem Singh Versus State Of U.P Through Secretary Home, Govt. U.P. Lucknow [APPLICATION U/S 482 No.- 22902 of 2021] Judgment 1. The instant application under Section 482 of the Code of Criminal Procedure (in short "the Code") has been filed to quash the impugned order dated 7.10.2021 passed by...
If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. Bhupinder Singh And Others Versus State of U.P. and...
We do not find any good reason to by-pass the statutory alternative remedy provided under the Armed Forces Tribunal Act, 2007. The writ petition is dismissed on the ground of statutory alternative remedy available to the petitioner leaving it open for the petitioner to file an appeal before the...
Habitual absenteeism amounts to gross violation of discipline and dismissal of such an employee from service should not be treated to be harsh. Santosh Kumar Khare Versus State Of U.P.Through Secy. [WRIT - A No. - 3365 of 2001] Judgment 1. The petitioner had filed the writ petition (WRIT - A No. -...
Our consideration of the entire record of this case makes it obvious that serious doubt is created in the prosecution story because of the various material abnormalities appearing in the testimony as well as the adverse circumstances working against the prosecution which, in the absence of proper...
Ram Harsh Versus Union Of India And 4 Others [WRIT - A No. - 17043 of 2021] Judgment 1. The present writ petition is filed by the petitioner challenging the order dated 27th August, 2021 passed by the Armed Forces Tribunal (RB), Lucknow in Original Application No.475 of 2017. It is further prayed...
State of U.P. Versus Samar Nath Yadav And Others [GOVERNMENT APPEAL No. - 2781 of 2012] Judgment 1. The present appeal has been filed against the judgment and order of acquittal of the accused-respondents dated 07.04.2012 passed by learned Additional Sessions Judge, Court No.3, Jaunpur in Sessions...
Bhikha & Others Versus State of U.P. [CRIMINAL APPEAL No. - 464 of 1982] Judgment 1. The present criminal appeal has been preferred against the judgment and order dated 5.6.1982 passed by the III Additional Sessions Judge, Lucknow in Sessions Trial number 298 of 1979 (State versus Bhikha and...
Om Pal Versus Deputy Director of Consolidation, Muzaffar Nagar and Others [WRIT - B No. - 47744 of 2016] Judgment Heard Mr. S K Mishra & Mr. S.K. Pandey, learned counsel for the petitioner and Mr. Rahul Kumar Tyagi, Advocate for contesting respondent No. 2. 1. The instant writ petition has...
Isht Deo Gupta Versus State Of U.P. And 2 Others [MATTERS UNDER ARTICLE 227 No. - 7759 of 2021] Judgment 1. The Court is convened via video conferencing. 2. This petition under Article 227 of the Constitution is directed against an order of Mr. J.K. Dwivedi, the learned Additional District Judge,...