Court : Supreme Court of India
Reported in : JT1989(Suppl1)SC263; 1989(2)SCALE769; (1989)4SCC689; [1989]Supp1SCR275; 1990(1)SLJ67(SC)
Murari Mohan Dutt, J.1. These special leave petitions have been heard at length and elaborate submissions have been made on behalf of the parties at the preliminary hearing and accordingly, we grant special leave in all these matters and proceed to dispose of the same on merits. 2. These appeals have been preferred by the Union of India and some erstwhile Emergency Commissioned Officers (for short 'ECOs') and Short Service Commissioned Officers (for short 'SSCOs') and directed either against the judgment of the learned Single Judge of the Calcutta High Court or against the judgment of the Central Administrative Tribunal Bangalore. The Tribunal has Struck down the impugned rules, namely, Rule 3(2)(d) of the Indian Forest Service Regulationof Seniority) Rules, 1968, hereinafter referred to as 'IFS (Regulation of Seniority) Rules, 1968', and Clauses (c) and (d) of Sub-rule (3) of Rule 3 of the Indian Police Service (Regulation of Seniority) Rules, 1954, hereinafter referred to as 'IPS (Re...
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi261
ORDER1. This revision petition is directed against an order of the learned Judge, Small Cause Court, Simla whereby he dismissed a suit of the petitioner for recovery of Rs. 347-56 paise. The allegations of the petitioner, in the plaint, were as under:-2. The petitioner is the sole proprietor of the firm known as Messrs. Dewan Chand Atma Ram, 57, the Mall, Simla. The firm is dealing in wool and other goods. A consignment, containing one case of wool was sent to the petitoiner by Bengal National Textile Mills Limited, Calcutta from howrah, vide R.R. No.052528 dated 2-11-1964. Due to the misconduct and negligence of the Railway Adminsitration, the above consignement reached Simla in a damaged condition. The petitioner had taken open delivery of the godos and it was found that 29 packets of Raj Hans knitting wool were short. The shortage certificate was obtained from the Chief Goods Clerk on 15-12-1964. The certificate was sent to the Chief Commercial Superintendent (claims Branch), Kashme...
Tag this Judgment!Court : Delhi
Reported in : 1968CriLJ675; 3(1967)DLT419
Dua, J. (1) Bakshi Sardari Lal, Sub-Inspector of Police, has presented this petition through his counsel under Article 226 of the Constitution for the grant of order direction or writ in the nature of writ of habeas corpus. According to the avernments in the petition, he was posted as Sub-Inspector of Police in P. S. Kamla market and on 14th April, 1967, he went on sick leave because he had an attack of bron'chitis. An entry to this effect was duly made in Roznamcha of P. S. Kamla Market. He claims to have been confined to indoor treatment and he gto well on 22nd April, 1967 when, according to him, he regained his health and became fit to report for duty. Having come? to know that warrants for his arrest had been issued, he surrendered himself on 22nd April, 1967 before Shri Godha Ram, D.S.P. Delhi. He was accordingly prodocuced on that very day before Kumari Vimla Bhagat, Magistrate 1st Class, functioning as Duty Magistrate on that date, who released the petitioner on bail. Kumari Vim...
Tag this Judgment!Court : Delhi
Reported in : 1995CriLJ2866; 1995(1)Crimes453; 1995(32)DRJ59
Dalveer Bhandari, J. 1. This revision petition has been filed under Section 397 of the Code of Criminal Procedure read with Article 21 of the Constitution of India, against the order of the learned Additional Chief Metropolitan Magistrate, Delhi dated 12th October, 1993. The trial Court dismissed the application filed by the petitioner and it has been observed that there is no force in the contention that the learned Additional Chief Metropolitan Magistrate has no jurisdiction to try the case. It is further observed that all offences are triable by the Court of Magistrate and thus the Court of Magistrate was competent to try the case. It is further mentioned in the order that the proceedings in this case had not become void at any stage and no fundamental rights of the petitioner were violated at any stage. It is also mentioned that the application has been filed only to delay the proceedings. 2. Brief facts necessary to decide this petition are recapitulated. The petitioner along with...
Tag this Judgment!Court : Delhi
Reported in : 1986CriLJ1510; 1986(2)Crimes435; 1986RLR220
G.R. Luthra, J. (1) By way of this judgment, two petitions and two criminal misc. applications are being decided. One petition registered as Criminal Misc. (Main) 979185 was filed by Inder Raj Malik and three others against an order of Shri R. K. Jain, Metropolitan Magistrate, New Delhi. That order was passed on a complaint of Smt. order, the learned magistrate directed the summoning of the petitioners (hereinafter referred to as the accused) in respect of commisssion of an Suntia Malik (hereinafter referred to as the complainant). Vide the aforesaid offence punishable under section 498A Indian Penal Code and also summoning accused No. 1 and 2 in respect of commission of an offence punishable under section 406 Indian Penal Code . The other petition being Criminal Misc. (Main) 1222185 was filed by the complainant. Her grievance is that all the accused should have been summoned in respect of commission of the offences punishable under sections 406 and 327 read with section 109 Ipc in add...
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT154
G.R. Luthra, J.(1) The present petition under Section 439 of the Code of Criminal Procedure (in short the Code) is for grant of bail to Raghunandan Ghauhan, who according to the prosecution, had Along with Durbeen Singh committed offences punishable under Sections 302, 380 and 460 read with Section 34 Indian Penal Code. (2) One Dharam Singh was residing Along with his family members at Mehandiratta Engineering Corporation, village Kirakunda, Delhi. He was employed in the said factory. It is alleged by the prosecution that on the night between 13th and 14th November 1979 at about 2 or 2.30 A. M. when the said Dharam Singh and his family members were asleep the present petitioner and Durbeen Singh, entered the house. The were armed with knife and saria. One of them dragged the wife (Smt. Rani) of Dharam Singh and removed her ornaments. They also took away Rs. 200.00 in cash. They gave saria blow on the head of each of Dharam Singh and his wife and pushed them into a room which they bolte...
Tag this Judgment!Court : Delhi
Reported in : 1986(2)Crimes113; 29(1986)DLT87
G.R. Luthra, J.1. Two petitions (Crl. Rev. No. 108 of 1985 and Crl. Misc. (Main) 994 of 1985) are being decided together and the judgment is being written in the file of Criminal Revision No. 108 of 1985. Both these petitions are directed against the same order dated April 18, 1985 directing the framing of a charge under Section 306 read with Section 34 IPC against all the petitioners and then on the same day framing formal charge. The petitioners in both the cases were charged with commission of offence of abetment to commit suicide by Smt. Promila on January 15, 1984 at 7.45 p.m.2. Promila was daughter of Ram Pershad Sharma, resident of Trinagar, Delhi. About five years ago, she was married to one Raghbir and after marriage they started living at village Aurangabad, District Sonepat, Haryana.3. Ram Kishan (petitioner in Criminal Revision No. 108 of 1985) is step brother of Raghbir (husband of deceased). The other petitioner Smt. Rama Devi in that petition is wife of Ram Kishan. Smt. ...
Tag this Judgment!Court : Delhi
Reported in : 1999IAD(Delhi)52; 76(1998)DLT204; I(1999)DMC238
J.B. Goel, J.1. Petitioner seeks anticipatory bail under-Section 438 of the Code of Criminal Procedure (for short the 'Code'). The deceased Manju dies an unnatural death on 12.4.1998. The petitioner is the sister-in-law (Nanda) of the deceased. The stand of the in-laws of the deceased appears to be that the deceased had committed suicide, as she was in a distrubed state of mind because she could not conceive a child. Whereas the case from her parental side is that she was being subjected to cruelty and harassed and tortured in connection with demand of dowry article and they suspect having been killed by her in-laws.2. Learned Counsel for the petitioner has argued the matter at great length and has cited a number of authorities. This bail is strongly contested on behalf of the State, who relied on the facts, circumstances and the material available during investigation.3. Briefly the facts are that the deceased Manju was married with Pradeep Khanna on 15.2.1997. She died an un-natural ...
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ2725; 61(1996)DLT871; 1996(37)DRJ154
Jaspal Singh, J. (1) Men have always been curious about the lives of other people. It is probably for. this reason that biographical narratives of real lives, lived in a specific time and place and which provide an insight into the real world of another person have always fascinated readers. In a way such writings enable us to try on another identity and thereby broaden our own. Khushwant Singh who gave us the monumental History of the Sikhs, contributed to the Indian Section of the Encyclopedia Brittanica, translated some of the Sikh scriptures and wrote that unforgettable Train to Pakistan, has brought out 'The Women and Men in my life' in which he has penned certain life sketches literally showing us individuals which by and large cannot be crammed into conventional cultural categories. His women, in particular, have a formidable presence. They are not the kind who would scurry to hide in chicken droppings. Despite hazards, tests and tribulations, they generally come out unvanquishe...
Tag this Judgment!Court : Delhi
Reported in : 2000(55)DRJ713
Arijit Pasayat, C.J.1. 2nd October Dussthra day of 1987 fell on birthday of Mahatama Gandhi and Lal Bahadur Shastri two of the greatest sons of India and advocated doctrine of 'Ahinsa'. Instead of a joyful day, it turned out to be one of nightmares for the family of Tale Ram. An innocent child who had not even celebrated three birthdays was sacrificed so that a barren woman can get a child; an act of abhorrence difficult to conceive. This primitive belief is unthinkable in the modern jet set twentieth century; but that is what prosecution alleges happened. The act is to say the least diabolic in its conception and cruel in its execution.2. Five persons are said to be responsible for the barbaric act and they are appellants in Criminal Appeals and are the respondents in Murder Reference No. 1 of 2000 which has been made to this Court by learned Additional Sessions Judge, Delhi (hereinafter referred to as Trial Judge) who convicted each of the accused for offences punishable under Sectio...
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