Court : Mumbai
Reported in : 2002(1)BomCR419
..... and 398 of the companies act and sought supersession of the board. it was sought to be urged, on the basis of an affidavit filed by the deputy' superintendent of police in the supreme court, that the balaji group were guilty of serious improprieties and fraudulent transactions. mr. nariman, strongly objected to this court entertaining the plea urged on behalf of ..... its application to the state of maharashtra. particular reliance was placed on two decisions of this court in meher singh v. deepak sawbay 1998 (4) all mr 536 and institute indo portuguese v. borges : air1959bom275 . reliance was also placed on the judgment of a single judge of this court in ignatius o'cunbo v. eather denis 1993 (2) mlj 1441. 46 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ71
..... no. is 4462568-m. he was a sepoy of 13 sikh light infantry regiment and on the date of occurrence he was on duty at rahon post at the indo-pak border in kargil sector. during the course of court martial, as many as 13 witnesses of prosecution were examined and the key-witness is p.w.7, ajmer singh; ..... 33, the 'excuse' pleaded in terms of section 300, indian penal code was rejected on the footing that the superior officer's order was illegal. in that case, the police party of six persons had gone to a village and demanded water and food when the head constable lost his temper and asked one of the constables to fire and ..... of occurrence, the time of occurrence, the situation at the locale (ground-realities) and the requirements of strict discipline in armed forces to be maintained in a vostile border demanding high degree of defence preparedness. petitioner purshottum kumar's perceptions of the situation that prevailed when the occurrence took place are to be examined in that light to assess .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIIAD(SC)32; AIR1998SC1251; 1998(1)ALD(Cri)700; 1998(1)ALT(Cri)360; 1998CriLJ1638; 1998(2)Crimes65(SC); JT1998(2)SC375; 1998(2)SCALE261; (1998)3SCC625; [1998]2SCR162
..... and seizures were made, had not been produced. we find no substance in this submission. the witness stated that he has sent the letter to the concerned police station, therefore, the presumption under illustration (e) of section 114 of the evidence act would arise and the official acts would be deemed to have been performed ..... proceeding on right lines in addition to furnishing corroboration of the evidence to be given by the witness later in court at the trial... the identification during police investigation, it may be recalled, is not substantive evidence in law and it can only be used for corroborating or contradicting evidence of the witness concerned as ..... appellants by various witnesses and part (b) is about not calling local panch witnesses at the time of conducting recovery panchnama and not taking the help of local police.18. we shall take up part (a) first. after their arrest, the appellants were identified by various witnesses; some identified them in test identification parade and .....
Tag this Judgment!Court : Delhi
Reported in : (1991)101CTR(Del)81; 47(1992)DLT144; ILR1992Delhi656; [1992]195ITR338(Delhi)
B.N. Kirpal, J. (1) The challenge in this writ petition is to the order passed under Section 269 UD(1) by the Appropriate Authority under the Income-tax Act (respondent No. 2), whereby it has decided to purchase the flat which was to be sold pursuant to a letter of allotment which had been issued by M/s Ansal Propel ties and Industries Ltd. (respondent No. 4) in favor of the petitioner. (2) Briefly stated the facts are that one Smt. Satyawanti Dhawan (respondent No. 5) is the owner of plot No. 6, Jantar Mantar Road, New Delhi. On 4th September, 1979 she entered into an agreement with M/s Competent Builders. As per the terms of the said agreement M/s Competent Builders was to develop this property and construct a multi-storeyed residential building. According to the terms of the agreement the entire building was to be constructed by M/s Competent Builders out of its own resources and 35% of the saleable area on all the floors was to be allotted to the owner. The balance area could be so...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1334; 1984(32)BLJR348; 1984CriLJ909; 1984(1)Crimes914(SC); 1984(1)SCALE736; (1984)3SCC14; [1984]3SCR435
..... . on the basis of information received on april 20, 1983 about the unnatural deaths of two persons within the jurisdiction of the bhagalpur kotwali police station, the police conducted investigation and at the conclusion of that investigation they filed a charge sheet in the court of the magistrate having jurisdiction over the area in ..... may make a representation in writing against the order under which he is detained. his representation, if any, may be addressed to the deputy secretary, home (police) department, government of bihar, patna and forwarded by the superintendent of jail through special messenger with a copy to the undersigned.sd/- s.k. sharma16-8- ..... school which were discovered next morning. these double murders caused panic throughout the bhagalpur town and public order was gravely disturbed. only after intensive deputation of police forces, public confidence was restored and public order maintained. a case was instituted vide kotwali p.s. case no. 281 dated 20-4-83 under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2132; (SCSuppl)2006(1)CHN41; 2005(3)CTC764; JT2005(4)SC170; (2005)5SCC194
..... . 1688 of 1995 was filed by devyani dw-32 mother of pws. 7, 8 and 10. the detenus were produced before the court escorted by two women police from ambattur police station who had nothing to do with the investigating agency in the crime against a-1. no complaint of torture or coercion has been made to the hon'ble ..... to give out any statement against her will another detenu valliammal also tiled a habeas corpus petition through her father sundaram. the allegation in the petition was that the police are compelling the detenu to give false statement. she was examined by the hon'ble judges in chamber and it was observed by the hon'ble judges as under ..... our opinion, no failure of justice has occasioned and both the courts below are justified in rejecting the contention.allegation of torture and beating to the victim girls by the police.54. if this contention is established it could have been fatal to the prosecution story, but in our opinion not. mr. ram jethmalani in this connection has referred .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... in view of the special expertise that is necessary for this type of inquiry the committee of privileges do not provide an investigative machinery comparable to that of a police investigation. [para 310]136. the expression 'in respect of has to be construed in this perspective. the cases cited by shri rao do show that this ..... law. according to the salmon commission, the committee of privileges and the select committee on members' interests do not provide an investigative machinery comparable to that of a police investigation and that having regard to the complexity of most investigations into serious corruption special expertise is necessary for this type of inquiry. (para 310, pp. 98, 99 ..... judgement in ex parte wason, 1869 l.r.4 qbd 573. rigby wason moved the court of queen's bench for a rule to call upon a metropolitan police magistrate to show cause why he should not take on record the complaint of wason to prosecute earl russell, lord chelmsford and the lord chief baron for conspiracy. .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ4040; (2002)4GLR3165
..... to tell each and everydetail regarding the incident. if the crux or genesis ofthe incident is stated by the witness in his statementrecorded by the police, the other incidental matters donot assume much importance and omission to mention suchincidental facts in the statement becomes insignificant.omission for being taken into ..... that hehas been beaten by spear and gupti. according to thiswitness, rameshbhai was immediately removed to amrelicivil hospital for treatment and he thereafter went tothe police station and lodged a complaint. when hereceived the information with regard to the demise oframeshbhai, he accordingly sent a report to the ld.magistrate regarding ..... drawing the panchnama of scene of offence. by thattime, upon receiving the instruction from his superiorofficers, he handed over further investigation of thecase to circle police inspector mr. bhadoriya. mr.bhadoriya thereafter collected the empty cartige of theround fired by p.s.i. mr. dayatar at the time of raidfrom his .....
Tag this Judgment!Court : Supreme Court of India
..... same was also dismissed. 44. the appellate court, while dismissing the suit of surat singh, referred to the pleadings made in the plaint, that on 29-2-1992, police officials along with the officials of dda visited the site and proceeded to demolish inter alia the boundary wall of the disputed land. clearly, therefore, the cause of action ..... of kanungo and shri kulwant singh (pw-3), assistant zonal inspector. on behalf of the dda, prem chand (tehsildar) was examined as dw-1, constable prabhu singh of police station vasant kunj was examined as dw-2 and khem chand (patwari) as dw-3. 9. after considering the pleadings of the parties and evidence produced by them, the ..... jurisdiction of the corporation and the dda to take action for demolition of the structures, the officials went away with the threat that they will come again with the police force and demolish the same. paragraph 10 of the plaint and prayer (a), which have bearing on the decision of this appeal are reproduced below: 10. that .....
Tag this Judgment!Court : Patna
Chandramauli Kr. Prasad, J.1. Both the appeals under Clause 10 of the Letters Patent have been preferred against the common judgment dated 2.4.2002 passed by a learned Single Judge of this Court in CWJC No. 13816 of 2001; Dr. (Mrs) Sheela Sharma v. The State of Bihar and Ors. and as such, they were heard together and are being disposed of by this common judgment.2. To put the record straight, LPA No. 171 of 2003 has been filed by the State of Bihar and is barred by limitation. However, an application for condonation of delay is filed and by order dated 5.3.2003, the limitation petition was directed to be considered at the time of admission. In the limitation petition, the State of Bihar has stated the reasons which caused delay in filing the appeal, which grounds, according to the contesting respondents, are not sufficient to condone the delay. Validity pf the order has necessarily to be gone into in the other letters patent appeal and, as such, we are not inclined to dismiss the lett...
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