Court : Allahabad
Reported in : 2001CriLJ1765
ORDERJagdish Bhalla, J.1. All the above revisions are directed against the same order dated 9th September, 1997 passed by the Special Additional Sessions Judge (Ayodhya Prakaran), Lucknow for framing charges against the revisionists, therefore, they were heard together and are being disposed of by a common judgment.2. In Criminal Revision No. 199 of 1997 (Moreshwar Savey v. State of U.P. and another) the revisionist is to be charged with offences punishable Under Sections 147, 153A, 153B, 295, 295A, 505 read with Section 120B of the Indian Penal Code (hereinafter referred to as the I.P.C.).3. In Criminal Revision No. 201 of 1997 (Ms. Uma Bharti alias Gajra Singh and others v. State of U.P. and another) revisionists Nos. 1, 3 to 10 are to be charged with offences punishable under Sections 147, 153A, 153B, 295, 295A, 505 read with Section 120B, I.P.C. Revisionist No. 2 is to be charged with offences punishable under Sections 332, 338, 201, read with Sections 149/395 and Section 120B, I.P...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
ORDERJ. Chelameswar and Goda Raghuram, JJ.1. We have had the benefit of perusing the painstaking and meticulously crafted judgment of our learned brother Hon'ble Mr. Justice V.V.S. Rao. We agree with the OPERATIVE conclusion that the appointments of over 200 candidates (party respondents) ought not to be invalidated as these persons having been appointed as lecturers/Readers have continued as such for over a decade, have settled down, got married, begot children and are now of an age disabling them from securing alternative employment. Some of these persons had already resigned, some have retired, some have died and the dependents of those who have died are also being given pension. If at this stage their initial appointments are declared invalid the social costs in terms of human misery and individual privations would be incalculable. Besides, for the resultant vacancies the petitioners may either be not interested in applying at this distant point of time, may not be able to compete ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4427; 2003(2)ALD(Cri)651; 2003CriLJ5021; 106(2003)DLT70(SC); JT2003(Suppl1)SC200; 2003(6)SCALE652; (2003)8SCC461
Arijit Pasayat, J.1. Terrorists have no religion, no concept of communal or social harmony and value for human life. Secularism, which is one of the greats attributes of the Indian Constitution, is viewed differently by some people. Communal harmony is not what they want. No religion propagates terrorism or hatred. Love for all is the basic foundation on which almost all religions are founded. Unfortunately, some fanatics who have distorted views of religion spread messages of terror and hatred. They do not understand or realise the amount of damage they do to the society and as a result of these fanatic acts of misguided people innocent lives are lost, distrust in the minds of communities replaces love and affection for others. Neighbours belonging to different communities who have lived like brothers for ages start viewing each other with suspicion and hatred. Their compassion is first replaced by a sense of diabolic designs. The object of these misguided people - the terrorists - se...
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
ORDERD. P. Wadhwa, J.1. The petitioners have challenged the constitutional validity of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short 'the Act') on the ground that the Act is unreasonable and is vocative of Art. 14 of the Constitution and that it is beyond the legislative competence of the Parliament to enact such a law. The petitioners have also challenged the appointment of the thirdrespondent as the Debts Recovery Tribunal under S. 5 of the Act. The immediate cause for filing this petition under Art. 226 of the Constitution was the notification dated 5 July, 1994 issued by the Central Government in the Ministry of Finance, Department of Economic Affairs, Banking Division, whereby, under S. 3 of the Act, Debts Recovery Tribunal, with the areas of jurisdiction as Delhi was established. It is alleged that the appointment of the third respondent is an exercise of fraud on the powers conferred on the Central Government under the Act.2. This petition wa...
Tag this Judgment!Court : Gujarat
Reported in : 1990CriLJ1275; (1989)2GLR666(GJ)
R.C. Mankad, J.1. Whether an accused person has an absolute right to be released on bail under proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973 (new Code' for short) even after submission of the police report/chargesheet ('chargesheet' for short), if the chargesheet has been submitted after the period prescribed in the said proviso, is the question which we are called upon to answer in this application.2. Petitioners are alleged to have been involved in an offence punishable under Section 302 read with Section 114 of the Indian Penal Code ('I.P.C.' for short) for committing murder of one Shepha Nagji. It is the prosecution case that on November 17, 1988, at about 5-30 p.m. at village Ugalwan, the petitioners entered the house of the deceased Shepha Nagji and caused him injuries with Dharia and axe. Chakur Nagji, who later on lodged the information at Nota Kuntwada police station relating to the commission of the said offence, was also injured by the petitioners wit...
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR109
K. Jagannatha Shetty, J.1. The petitioners seek leave to appeal against the decision of the Bombay High Court in Writ Petition No. 6108/87 quashing the proceedings for the recovery of property tax and other expenses due from the first respondent company.2. The matter arises in this way : For the purpose of prevention and revival of sick industries, the Central Government has enacted the Act called 'The Sick Industrial Companies (Special Provisions) Act, 1985 ('The Act'). The Act extends to the whole of India including the State of Jammu and Kashmir. It came into force (except sections 15 to 34) with effect from 15 May, 1987. The Act covers only sick industrial companies or industrial companies which have the potential to become sick. The Act empowers the Central Government to establish a Board to be known as the Board for Industrial & Financial Reconstruction to exercise the jurisdiction and powers, and discharge the functions and duties imposed under the Act.3. The first respondent-co...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC383; 2010(1)AWC862(SC); 2009(14)SCALE399; (2010)1SCC549; 2010(1)LC42(SC):2009AIRSCW7629
Asok Kumar Ganguly, J.1. The subject matter of challenge in this appeal is the judgment and order dated 29.04.2003 passed by the High Court of judicature at Allahabad in F.A.F.O. No. 40 of 1993, in a matter arising from the order dated 1.12.1992 of the learned Senior Civil Judge, making the Award a Rule of the Court, and whereby the High Court had partly allowed the Appeal filed by the respondent.2. The appellant, a private limited company, is carrying on, inter alia, various construction works for both the State and Central Government and their undertakings. The appellant's case is that an agreement dated 03.11.1981 was entered between the appellant and the North Eastern Railway for the construction of bridge island Nos. 13 and 14 over the Kosi river. There were certain special conditions of the contract (hereinafter, SCC) and they stipulate that the General Conditions of Contract (hereinafter, GCC) and standard specifications of the North Eastern Railways shall form part of the afore...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H415
Grover, J.(1) This is a second appeal which has been referred by a Division Bench to a larger Bench for decision owing to the importance of the main point involved in it relating to the applicability of the doctrine of lis pendens embodied in S. 52 of the Transfer of Property Act, 1882, to the facts of the present case.(2) It is necessary to recapitulate the facts. One Sham Singh owned a little more than 892 kanals of land. He died more than 40 years ago leaving behind two daughters, Mst. Premi and Mst. Khemi, and a widow Mst. Malan, Mst. Premi died before the year 1936 leaving tow sons Mohinder Singh and Rajinder Singh. In 1936 Mst. Malan gifted one-half of the property to which she had succeeded on her husband's death to Mohinder Singh and Rajinder Singh and one-half, to Mst. Khemi. The donees entered into the possession of the land. This gift was challenged in 1940 by Santa Singh and others who were collaterals of Sham Singh by a suit for declaration and possession of that land on t...
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
Pradeep Nandrajog, J. PREFACE 1. Every criminal trial is a voyage of discovery in which truth is the quest. The journey, in the present case, has been navigated by the Designated Judge of the Special Court constituted under Section 23 of the Prevention of Terrorists Activities Act, 2002 (hereinafter referred to as POTA). In the Murder Reference and the connected appeals arising out of the judgment dated 16.12.2002, we are called upon to decide the legality and validity of the trial as also the sustainability of the judgment pronounced by the Designated Judge of the Special Court, POTA. By the impugned judgment, the learned Designated Judge has held that the prosecution has successfully brought home the charge of conspiracy against accused Nos. 1 to 3, for having entered into a conspiracy with the 5 slain terrorists who had attacked Parliament House on 13.12.2001 along with Mohd. Masood Azhar, Gazi Baba @ Abu Zehadi @ Abu Seqlain and Tariq Ahmed, all Pakistani nationals (declared as pro...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
K.G. Balakrishnan, C.J.1. Reservation for admission in educational institutions or for public employment has been a matter of challenge in various litigations in this Court as well as in the High Courts. Diverse opinions have been expressed in regard to the need for reservation. Though several grounds have been raised to oppose any form of reservation, few in independent India have voiced disagreement with the proposition that the disadvantaged sections of the population deserve and need 'special help'. But there has been considerable disagreement as to which category of disadvantaged sections deserve such help, about the form this help ought to take and about the efficacy and propriety of what the government has done in this regard. 2. Pandit Jawaharlal Nehru, who presided over the Congress Expert Committee emphasized before the Constituent Assembly that the removal of socio-economic inequalities was the highest priority. He believed that only this could make India a casteless and cla...
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