Court : Mumbai
Reported in : (1987)89BOMLR225
H. Suresh, J.1. In Laxmikant Pande v. Union of India : [1984]2SCR795 and : AIR1986SC272 the Supreme Court laid down various guide-lines and also gave various directions in matters relating to inter-country adoption. Recently further directions and modifications have been given by the Supreme Court on December 3, 1986 (Refer Laxmikant Pande v. Union of India : [1987]1SCR383 ). In between, Pratap J. by his order dated November 7, 1985 in Miscellaneous Petition No. 395 of 1985, after having detailed discussions with the representatives of various agencies and the advocates, gave directions, for the guidance of all concerned. In view of the recent directions given by the Supreme Court, some of the directions given by Pratap J. require modifications. Hence at the request of the advocates who generally appear in these matters, and after hearing the representatives of certain agencies, for the sake of general guidance of all concerned, I hereby summarise the directions which are required to b...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ32
ORDERT.S. Doabia, J.1. This is an unfortunate case. The dead body of Mohan s/o Tekbahadur, a police constable, was recovered from a well on 5th of October 1978. As per the prosecution, on the night of 3rd and 4th of October 1978, there was Raslila. Accused/respondents Ashokkumar, Hukamchand and Dwarika were also there. At about ll'O' clock, the accused left the place where Raslila was going on. Mohan also accompanied them. The accused/respondents came back after some time. Mohan was not with them. The needle of suspicion, thus, was pointed towards the accused. It may be seen that accused Dwarika was of nineteen years of age, whereas, Ashok Kumar and Hukamchand were of fourteen years of age, on the date of occurrence.2. The matter was put to trial. The learned First Addl. Sessions Judge, Morena recorded a judgment of acquittal. The State has come in appeal.3. When the matter was taken up for arguments, the learned counsel, for the respondents, submitted at the outset that the trial was ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995CriLJ3955
T.S. Doabia, J.1. This is an unfortunate case. The dead body of Mohan S/o. Tekbahadur, a police constable, was recovered from a well on 5th of October 1978. As per the prosecution, on the night of 3rd and 4th of October 1978, there was Raslila. Accused/respondents Ashok kumar, Hukamchand and Dwarika were also there. At about 11 O'clock, the accused left the place where Raslila was going on. Mohan also accompanied them. The accused/respondents came back after sometime. Mohan was not. with them. The needle of suspicion, thus, was pointed towards the accused. It may be seen that accused Dwarika was of nineteen years of age, whereas, Ashok Kumar and Hukamchand were of fourteen years of age, on the date of occurrence.2. The matter was put to trial. The learned First Addl. Sessions Judge, Morena recorded a judgment of acquittal. The State has come in appeal.3. When the matter was taken up for arguments, the learned counsel, for the respondents, submitted at the outset that the trial was viti...
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)140; 98(2002)DLT315; 2002(64)DRJ84; 2002(82)ECC549
K.S. Gupta, J.1. This appeal is directed against the judgment dated 18th May 1999 and order dated 19th May 1999 of an Additional Sessions Judge convicting the appellant-accused under Section 20 of Narcotic Drugs & PsychotropicSubstances Act, 1985 (for short 'the Act') and sentencing him to undergo RI for 10 years and pay a fine of Rs. 1 lakh. In default of payment of fine, appellant is to further undergo SI for one year.2. Case of the prosecution, in brief, is that on 17th January, 1997 Inspector R.S. Dahiya, PW-5 received secret information that two boys having charas concealed in two plastic tins, would reach Delhi from Patna. This information was recorded in the D.D. at Seriall No. 16-A at 5.30 pm. On instructions of PW-5 a raiding party was organized by SI Chand Ram, PW-10 and HC Gajinder Singh, PW-2, Constable Ayaz Khan, PW-3, Kallu Singh and Rajnath were included therein. On reaching Old Delhi Railway Station, PW-1 Bansi Lal running a book stall there, was also included in the pa...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1992CriLJ2968
J.S. Sekhon, J.1. This judgment will dispose of Criminal Appeal No. 258-DB of 1989 filed by Mukhtiar Singh etc. (appellants) Criminal Appeal No. 328-DB of 1989 filed by Amru, appellant, Criminal Revision No. 940 of 1989 filed by the complainant, as also the reference under Section 318 of the Code of Criminal Procedure qua Amru, appellant, as these arise out of the same judgment.2. All the appellants, were convicted by the learned Sessions Judge, Patiala, on charge for offence punishable under Section 148, Indian Penal Code, Mukhtiar Singh, Avtar Singh, Gurcharan Singh, Surjit Singh and Amru, appellants, were also convicted of the substantive charge of murder of Nirpal Singh, punishable Under Section 302, IPC, while the other appellants were convicted under Section 302, read with Section 149, Indian Penal Code; Bodhi, Mukhtiar Singh, Gurcharan Singh, Avtar Singh and Amru, appellants were also convicted for substantive charge of murder of Gurinder Singh alias Pappu, punishable under Sect...
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom13; 1957CriLJ50
Shah, J.1. Bansilal Chhotalal, who is found on evidence taken before the learned Sessions Judge at Baroda to be below the age of sixteen and Bai Lilavati were committed by Judicial Magistrate, First Class, 2nd Court, Baroda, to stand their trial before the Court of Session at Baroda for an offence under Section 302. I. P. C.The learned Sessions Judge has made a recommendation to this Court that the order of committal passed against Bansilal Chhotalal, accused 1, be quashed, that the said accused Bansilal Chhotalal be ordered to be tried before the Juvenile Court and that it be ordered that Bai Lilavati, accused 2, be tried separately from accused 1 Bansilal Chhotalal.2. In the District of Baroda a Juvenile Court has been constituted and the Judicial Magistrate, First Class, 2nd Court, Baroda, exercises the power Of the Juvenile Court under Section 8, Bombay Children Act, 1943. By Section 9, Bombay Children Act, a Juvenile Court is the only Court competent to try cases in which a child ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC69; 2009(1)MPHT1(SC); 2009(1)OLR(SC)686; 2008(13)SCALE155
Arijit Pasayat, J.1. Leave granted.2. Challenge in this appeal is to the judgment of the learned Single Judge of the Rajasthan High Court, allowing the application filed by respondent Nos. 2 and 3. The said respondents had questioned the correctness of the order dated 14.8.2007 passed by the learned Additional Sessions Judge, (Fast Track), Parbatsar, rejecting the application made by the accused in terms of Section 311 of the Code of Criminal Procedure, 1973 (in short `Code').3. A brief reference to the factual aspects would suffice:The respondent Nos. 2 and 3 are facing trial for the commission of offences punishable under Sections 147, 452, 364, 302/149 and 201/149 of the Indian Penal Code, 1860 (in short `IPC'). Various witnesses were examined from time to time including Nandaram (PW-5) and Bhopalaram (PW-3). Nandaram was examined and cross-examined on 21st November, and Bhopalaram was examined and cross-examined on 7th June, 2006. One of the accused Shrikant was claimed to be a min...
Tag this Judgment!Court : Patna
Loknath Prasad, J.1. This appeal is directed against the judgment dated 30.4.93 passed by 1st Addl. Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 374/91 thereby and thereunder the sole appellant was found guilty under Section 377 of the I.P.C. and he was convicted and sentenced to undergo R.I. for five years.2. The prosecution case in short is that the victim girl Sarsawti Icha Gutto of village Bhoya, P.S. Sadar at about 6.30 P.M. or so after purchasing rice beer (Haria) from the local shop of the village and when she was returning in her residence then on the way the appellant asked her to come immediately after keeping the rice beer in the house as he had got some urgent work with her. The victim girl after keeping the rice beer in the house came to the appellant and enquired about the work then the appellant apprehended her and put a bed sheet which he was holding and took her near a lonely place in the village near railway line and got the victim girl naked and committed ...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(3)MPHT17(CG)
ORDERR.S. Garg, J. 1. On 30-11-2000, after going through the case diary, this Court had made number of observations. This Court recorded that the accused persons were taken into custody and were kept in lock-up on 13-11-2000 but their arrest memos were prepared on 14-11-2000. This Court also recorded that on 13th, no information was given to the parents/relations of the accused persons that they have been taken into custody. This Court also recorded that in relation to accused Neeraj Tiwari, two arrest memos were available on the record. One was showing that the arrest was effected at 1600 hours while the other was showing the arrest at 1530 hours. This Court also noticed that in each of the arrest memo, there was overwriting in the column provided for time of arrest. The said two Police Officers were given number of opportunities to explain their conduct and to explain before this Court as to why such actions were taken by them, but every time they submitted to the Court that in haste...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC272; 1985(2)SCALE849; 1985Supp(1)SCC701; [1985]Supp3SCR71
P.N. Bhagwati, C.J.1. This writ petition was initiated on the basis of a letter addressed by the petitioner complaining of malpractices indulged in by social organisations and voluntary agencies engaged in the work of offering Indian children in adoption to foreign parents. Since we found that there was no legislation enacted by Parliament laying down the principles and norms which must be observed and the procedure which must be followed in giving an Indian child in adoption to foreign parents, we entertained the writ petition and after hearing a large number of social organisations and voluntary agencies engaged in placement of child in adoption delivered an exhaustive judgment on 6th February, 1984 discussing various aspects of the problems relating to inter-country adoption and formulating the normative and procedural safeguards to be followed in giving an Indian child in adoption to foreign parents.2. Pursuant to the directions given by us in our Judgment in this writ petition, th...
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