Court : Jharkhand
Decided on : Oct-14-2003
Reported in : 2004CriLJ569; [2005(3)JCR78(Jhr)]
..... in s.t. no. 434 of 1995 by sri tabarak hussain, 1st assistant sessions judge, jamshedpur whereby and whereunder all the appellants were found guilty for the offence punishable under section 376 of the indian penal code and they were convicted and sentenced to undergo rigorous imprisonment for nine years. however, co-accused-langra say, jogen chaki and krishna banra alias ..... facts regarding the objective finding of the i.o. in respect of the place of occurrence and also controverting the evidence of the informant with her statement as recorded under section 161 of the cr. p.c. and viewed thus, the impugned judgment is unsustainable.8. learned a.p.p. has very fairly submitted that the medical evidence does not at .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-14-2003
Reported in : RLW2004(4)Raj2187; 2004(1)WLC360
..... framed against the appellants who denied the charges and claimed trial. the prosecution in support of its case examined as many as 21 witnesses. in their explanation under section 313 cr.p.c. the appellants claimed innocence and examined four witnesses in defence. on hearing final submissions, the learned trial judge convicted and sentenced the appellants ..... their right of private defence. if only the offence comes within exception 2 to section 300 ipc, the gravity of the offence would be reduced and the acts committed by the assailants would come within the purview of culpable homicide not amounting to murder.15. on a close look ..... in the report ex.d.1.14. it is also not possible to accept the plea of appellants that the alleged acts attributed to them would not amount to murder but only culpable homicide punishable under section 304 ipc. in order to sustain that plea, there should have been evidence to show that the appellants had exceeded .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-14-2003
Reported in : 2004(1)ALD307; 2004(2)ALT744
..... initiated against various officials; for the purpose of initiating prosecution under the act and ipc. the definition of 'criminal misconduct' under section 13c of the act and scope of offences under sections 405 - 409 are very wide to take in fold the acts of misappropriation by public servants or conversion of any property entrusted to ..... such circumstances, it cannot be said that there was misappropriation of funds. according to him. investigation and prosecution under the provisions of prevention of corruption act would have arisen, if only there existed proper material. referring to the enquiry report submitted by the team of officials by the government, he ..... them or under their control, for their use. such misconduct or offences, if established, would attract punishments. the act and ipc .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-14-2003
Reported in : 2004(4)ALD396; 2004(5)ALT378
..... claimed by her in her present suit belonged to her mother and she is one of the three heirs on whom the said property devolves by succession under section 12 of the act. that, in fact, is the conclusion which the trial court had reached and yet no action was taken by the appellant to bring the necessary parries on ..... case or the jurisdiction of the court.'15. it is pertinent to note that the proviso to section 99 of the code of civil procedure was introduced by the amendment act 104/76 and the proviso specifies that 'provided that nothing in the section shall apply to non-joinder of a necessary party'. it is no doubt true that elaborate submissions ..... had been made by the learned counsel representing the petitioners relating to order 1, rule 9 and section 99 of the code and also .....
Tag this Judgment!Court : Uttaranchal
Decided on : Oct-14-2003
Reported in : 3(2005)ACC611
..... singh. being aggrieved by the above two awards given by the claims tribunal, two appeals (a.o. nos. 1101 and 1101-a of 2001) have been preferred under section 173 of motor vehicles act by the claimants. since, the decree was passed against gyan singh (owner of the bus) only and not against national insurance co. ltd. (hereinafter referred to as ..... .c.t. case no. 542 of 1991, the claimants and the owner of the offending vehicle have come to this court by way of appeals from order under section 173 of motor vehicles act, 1988.2. since, common question of law and fact arises for determination, all the above appeals are decided by this common judgment.facts:3. dr. ashok kumar ..... where prior to hiring the driver, the owner satisfies himself that the driver had a licence and that he was driving the vehicle competently, there would be no breach of section 149(2)(a)(ii) and in such a case, the insurer would be liable. that, if ultimately, the driving licence is found to be fake, the insurer would .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-14-2003
Reported in : 2003(6)ALD333
..... upon his inferiors. an important aspect, which needs to be noticed in such instances, is that there can be no simultaneous exercise of powers by them.14. neither section 36 nor any other analogous provision empowers simultaneous and parallel exercise of power by the concerned sho as well as the superior authorities as regards the same subject-matter. ..... superintendence, it has to be noticed that the result of investigation can be discerned only from the report that may be submitted by the police before the court under section 173 cr.p.c., on completion of the investigation. during the course of investigation, several developments are bound to take place. depending on the disclosures or the ..... he did not go out even on the date of incident and he was very much in the house at the time of the incident. he pleaded alibi. acting on the representation, the 1st respondent issued memo dated 6-1-2003 to the effect that plea of alibi is proved and instructed the 2nd respondent, the circle inspector .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-14-2003
Reported in : (2004)(92)ECC651
..... -declaration, fraud, etc.; that as the appellants had misdeclared their products as parts of car air-conditioner, penalty under section 11ac of the act is imposable on them; that penalty is also imposable on sh. dinesh chabbra as he supervises the work relating to central excise; that rule 209a of ..... will be classified as such otherwise these will be classified as 'parts' only. before parting with the matters, we hold that the penalty, under section 11ac of the central excise act is not imposable on the appellant company as the issue involved is one of interpretation and application of rule 2(a) of interpretative rules. further, ..... further disassembly; that the said definition has been taken from mc graw hill dictionary of scientific and technical terms. he also mentioned that penalty under section 11ac of the central excise act can be imposed even when the show cause notice has been issued for the normal period if there is a suppression of facts, wilful mis .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2003
Reported in : AIR2003SC4482; 2004(5)ALLMR(SC)123; [2004(2)JCR135(SC)]; JT2003(Suppl2)SC443; 2003(8)SCALE600; (2003)8SCC648
..... the grant of mining lease. that apart, interest is included within the expression 'other charges' - the phrase as employed in clause (i) of sub-section (2) of section 13 of the act. a decision by a division bench of andhra pradesh in suvarna cements ltd. and anr. v. union of india and ors., has been brought to our ..... said companies, hereinafter collectively called as 'coalfields', have the exclusive right for extraction of coal under the lease deeds held by them.2. sub-section (3) of section 9 of the act empowers the central government to enhance or reduce the rate at which royalty shall be payable in respect of any mineral including coal w.e.f. ..... the mining rights have been leased to the coalfields by the state government under the provisions of the mines and minerals (development and regulation) act, 1957. under section 4 of the act no mining operation in any area shall be undertaken except under and in accordance with the terms and conditions of a mining lease granted under the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-13-2003
Reported in : (2003)3MLJ792
..... servants of the university, as also fix their emoluments, define their duties and the conditions of service and provide for filling up of temporary vacancies. section 24 of the act which deals with the powers of the academic council, in sub-clause (c), empowers it to make proposals to the senate and the syndicate for ..... persons to such professorships, readerships, lecturerships and other posts and determine their conditions of service in accordance with the statutes. under section 24 of the said act, the executive council shall be the principal executive body of the university. its constitution and the terms of office of its members and its powers ..... as teachers by the ordinances. no difference based on the method of appointment to these posts has been spelt out in the definition. under section 5(7) of the said act, the university has the power to institute professorships, readerships, lecturerships, and other teaching or academic posts required by the university and to appoint .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-13-2003
Reported in : [2004(1)JCR264(Jhr)]; (2004)IILLJ453Jhar
order1. under section 10 of the industrial disputes act, 1947, the appropriate government, at the instance of the workmen, represented by rashtriya colliery mazdoor sangh. dhanbad, referred the following dispute for adjudication before the central government industrial tribunal no. .....
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