Latest Cases

State of H.P. Vs. Bharat Ram

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC54

.....singh (pw-3), krishan chand (pw-5) and jagdish chand (pw-6) have proved rukka (ext.pw-7/b), registration of the f.i.r. (ext.pw-4/a) and also the fact that the sealed samples which were kept in their custody were sent to the c.t.l. laboratory at kandaghat and report obtained.13. jai pal (pw-7), no doubt, has deposed that he formed the raiding party, carried out the search and recovered the illicit liquor. but, however, in view of the fact that no independent witnesses of the locality were associated and that two witnesses have not supported the case of the prosecution, it cannot be said that the prosecution has been able to prove its case beyond reasonable doubt. in his cross-examination, he has admitted that there was a house adjoining to the shop of accused bharat ram, but, however, he did not make any inquiry as to who was occupying the same. according to him the shop was open. importantly, he has not explained as to why he did not associate the neighbour or passers by in the proceeding. he has not explained as to why he associated the independent witnesses from the distant area and took them to the place of the incident in the jeep.14. the trial court has appreciated the.....

Ms. Vijay Sharma @ Vijay and anr. Vs. Lt. Col. L.H.M. Gregory and ors.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC190

.....isolene heysham, who died during the pendency of the said probate case, but the petitioner took no steps to bring them on record, inspire of the fact that the said deceased respondent executed a registered will in their (appellants) favour on 14-10-1993.2. first the facts which have led to the filing of this appeal may be noticed. there lived a lady by the name of enid alice lisbey at shimla. she had a house and some vacant site attached to that house in shimla town. she did not have any issue. she died on 17-10-1980. after her death, respondent lt. col. l.h.m. gregory, hereinafter referred to as petitioner, filed a petition through his general attorney shri kamaljit singh grewal, under section 241 of the indian succession act, for grant of letters of administration, claiming that ms. lisbey had executed a will in his favour on 22-6-1978. three ladies named ms. irene heysham, ms. doris heysham and smt. sundri devi, besides general public, were impleaded as respondents. ms. irene heysham and ms. doris heysham denied the execution of will by ms. libsey in favour of the petitioner and instead, set up a will purporting to have been executed by ms. libsey in their favour some time.....

State of J and K and ors. Vs. Prob. Constable Bashir Ahmad

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ244

.....against him in accordance with rules. record was also perused which revealed that earlier also he had absented himself for 35 days. in that factual situation, commandant, jkap iii bn., passed order of termination dated december 21, 1992, the operative portion of which reads as under:it is evident that the probationary constable is not inclined to serve the department, thus keeping in view the above mentioned fact the prob. const. bashir ahmad no. 411/iii is struck of from the roll of this bn. under rule 187 of j&k; police manual with effect from date he absented from training centre, i.e. 16.9.92.4. constable shabir ahmad, who was writ petitioner in swp no. 613/1999, was appointed in the police department in november, 1997. he was deputed for basic training to ptc kathua from where the constable was reverted back on january 2,1998 for one month's rest because he had developed some mental problem. the petitioner was then allowed to resume his duties in district police lines, pulwama. he was again deputed for basic training to ptc, kathua with effect from august 16, 1998. he did not go for the training but absconded himself. under such circumstances, the superintendent of.....

Firdous Ahmad and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ282

.....to acquired land had been sold at around rs. 4.50 lacs per kanal at relevant point of time which was over looked by learned judge below ignoring the facts and law attracted in this case. during course of submissions while appellants counsel has quoted from certain portions of evidence led in the matter and the impugned judgment to canvass his claim for enhancement in the compensation as fixed by learned district judge in reference, learned government counsel has contended that in given circumstances of the case the compensation fixed by learned district judge was in keeping with market value of the acquired land.3. i have heard learned counsel and considered the matter. it appears that collector land acquisition, pulwama acquired two kanals of land under survey no. 537/min in village gangoo from applicants for construction of fisheries development complex and awarded compensation @ rs. 1.75 lacs per kanal plus 15% solatium which as per his award had been fixed in keeping with the rates paid for adjacent land acquired by agricultural department. feeling aggrieved of the award appellants challenged it and sought a reference to district jude where they claimed enhancement to the.....

Veena Devi Kataruka Vs. National Insurance Company Ltd.

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

.....l on 25.11.1998 visited the unit and inspected the damage and took a number of photographs. the complainant laid claim under the policy with full facts and details with the branch manager (o.p. no. 1) on 25.11.1998 and the same was received in the office of the insurance company on 26.11.1998. the complainant furnished the details of incident of fire to the assistant divisional fire officer and fire fighting office. 4. the complainant in the month of december, 1998 sought for permission of o.p. no. 1 to dispose of the damaged stock of tin container and she also requested him for quick disposal of the claim of the firm. a request was also made for payment of 75% of claim immediately for smooth working of the unit vide letter dated 5.1.1999. the insurance company deputed one p.k. peeyush, surveyor and loss assessor who visited the unit on 19.1.1999 and looked into stock of the finished products, packing materials and raw materials. as per demand made by the surveyor the complainant furnished the required information and necessary documents to him. subsequently certain more documents as desired by the surveyor were submitted to him. the urveyor took some photographs of the firm.....

Sapna Garg Vs. Punjab National Bank

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

.....restoring the complaint. 2. the plea of the appellant that he has a right to know the grounds specifying the reasons for rejection of the application for restoration of his complaint, which was dismissed in default is justified. 3. we allow the appeal at the outset, set aside the impugned order and send back the matter to district forum for deciding the application afresh after discussing the reasons given by the appellant for non-appearance on the date when the complaint was dismissed in default. endeavour should always be to decide the matter on merits and compensate the respondent by imposing cost and not to make the proceedings shuttle cock. 4. appellant shall appear before the district forum on 7th july, 2008. 5. f.d.r./bank guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities. 6. a copy of this order as per statutory requirements, be forwarded to the parties free of charge and also to the concerned district forum and thereafter the file be consigned to the record room. appeal allowed.

Sub Postmaster and Another Vs. Krishnankutty Kadavath

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

.....digest. 3. the contention of the opposite parties is that the op is not maintainable as the complainant who is the father is not the aggrieved and hence not a consumer. section 6 of the indian post office act is also relied on. 4. the evidence adduced consisted of the proof affidavit of the complainant and ext.a1 and a2. no evidence at all was adduced by the opposite parties. 5. the forum rejected the contention as to the non-maintainability finding that it is the petitioner who is looking after the affairs of his daughter and hence is a beneficiary and section 2(d)(ii) is squarely attracted. we find that there is no patent illegality in the order of the forum. the evidence of the complainant vide proof affidavit filed that his daughter is living with him and that he is managing the affairs of his daughter stands unchallenged. further no evidence has been adduced by the opposite parties to explain the non delivery of the postal article so as to attract the 1st part of section 6 of the indian post office act. in the circumstance we find there is no reason to admit the appeal. hence the appeal is dismissed in limine.

Classic Motor Pvt. Ltd. Vs. Tata Aig General Insurance Co. Ltd. and An ...

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

.....was closed, we direct the op to take the final decision as to the loss suffered by the complainant one way or the other on the basis of the documents furnished by the complainant as their insistence upon the complainant to furnish requisite documents in spite of 15 reminders sent to the complainant has borne no fruits. closing of claim is not definite decision. op is hereby directed to take final decision within two months from the date of the receipt of this order. 4. in case complainant is still aggrieved he may file fresh complaint, limitation of which shall commence from the date of communication of the decision of the op-insurance company. 5. complaint is disposed of in aforesaid terms. 6. a copy of this order as per statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. complaint disposed of.

Ncr Corporation India (P) Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2008)(229)ELT228Tri(Chennai)

.....duty subject to the condition that the importer followed the procedure set out in the customs (import of goods at concessional rate of duty for manufacture of excisable goods) rules, 1996 vide sl. no. 33 of the table annexed to the notification. atms falling under heading 8472 90 in the first schedule to the customs tariff act were mentioned at sl.no. 1 in the said table. a variety of other goods falling under different tariff entries were mentioned at sl. nos. 2 to 32 of the said table. all these goods were exempted from the whole of the duty of customs leviable thereon. at sl. no. 33 of the said table, goods falling under any chapter of the said schedule to the customs tariff act and described as "all goods for the manufacture of goods specified against sl. nos. 1 to 32 above" were entered for full exemption from payment of customs duty. in the result, parts/components imported for the manufacture of atms could claim full exemption from payment of customs duty under the above notification, subject to the aforesaid condition.2. the assessee imported parts/components for the machines of both 'p75' and 'p77' models, claiming the benefit of exemption under sl. no.33 of the table.....

Reliance Engineers Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

.....rejected on merits. hence the present appeal of the assessee.4. it appears from the impugned order that the lower appellate authority accepted the fact that the goods imported by the appellants were used for connecting the handset with the main set of telephone and hence the same should be classified as an electrical apparatus used in line telephony. however, the learned commissioner (appeals) held the item to be more appropriately classifiable under sh 8536.90 as it was found (hat the electrical circuit in the telephone system in which it was used employed a voltage of less than 1000. after hearing both sides and considering their submissions, we are not in a position to accept the latter part of the decision of the commissioner (appeals). once it was found that the modular plug was used for connecting the handset and the main set of telephone and was classifiable as an electrical apparatus used in line telephony, the appellate authority ought not to have travelled out of the ambit of heading 85.17, where the article was described as "electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication.....