Court : Mumbai
Reported in : IV(2006)ACC424
S.T. Kharche, J.1. This criminal revision is directed against the judgment and order dated 13.12.2001 passed by learned Second Ad hoc Additional Sessions Judge in Criminal Appeal No. 53 of 1994, whereby the appeal has been dismissed and the judgment and order of conviction passed by learned Judicial Magistrate, First Class on 13.4.1994 in Regular Criminal Case No. 28 of 1991 (new No. 422 of 1991) convicting the petitioner accused for the offence punishable under Section 304A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 2,000, in default, to undergo further rigorous imprisonment for two months has been confirmed.2. Brief facts are required to be stated as under:(a) The motor vehicle, i.e., the truck bearing No. MHG 4385 was hired by Vasanta, P.W. 2, for transportation of paddy. On 6.1.1991 at about 6 p.m. the said truck was loaded with 100 to 125 gunny bags of paddy at village Dongargaon. Petitioner-accused was the driver...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR2051; 2005(4)KarLJ449
ORDERD.V. Shylendra Kumar, J.1. Petitioner is a person who has been elected to the membership of Doddatekahalli Grama Panchayat in the election held on 8.3.2005. Petitioner had contested from a non-reserved constituency. The Deputy Commissioner of the District issued notification dated 23.3.2005 vide Annexure-C interalia indicating the reservation of the posts of President in several gram panchayats of the district including Sidlaghatta Taluk wherein the post of President in Doddatekahalli Grama Panchayat had been reserved in favour of a woman candidate belonging to backward class 'B' category and the post of Upadhyaksha was not reserved. However, in terms of another notification dated 30.3.2005 in NO. ELN (2) CR 59/2004-05 vide Annexure-D, the reservation for the post of President in this Grama Panchayat was sought to be de-reserved and made non-reserved.2. Petitioner though elected from the general constituency, is a person belonging to backward 'B' class and was aspiring to become t...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3052; 2005(5)KarLJ414; (2006)ILLJ344Kant
ORDERR. Gururajan, J.1. Petitioners in all these petitions are before me challenging the notification bearing No. LD:15:LWA:2001 dtd: 1-8-2001 (Annexure-O).2. Facts in WP No. 28677-78/2001;The first and second petitioners are trade unions. Third and the fourth petitioners are employed in the canteen run and maintained by the respondent/management. Petitioners say that the management of the industries preferred employment on contract basis and that would facilitate them to exploit the workmen in terms of cheap labour. The system of contract labour has been considered as a baneful and pernicious system and has kindled the judicial conscience since the workmen would have no security of service and their wages have often been far below the minimum wages prescribed by the State Government. In order to arrest this trend the Central Government enacted the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act'). The primary object of the Act is to abolish the system of contr...
Tag this Judgment!Court : Karnataka
Reported in : 2005(101)ECC609; 2005(186)ELT145(Kar); ILR2005KAR2613
ORDERD.V. Shylendra Kumar, J.1. The orders of the Tribunal which is functioning under section 35-B of the Central Excise Act, 1944 (for short 'the Act') and passing orders in exercise of powers under the proviso to Section 35-F of the Act have always been the subject matter of controversy and subject for further litigation to approach the High Court by invoking the provisions of Articles 226 and 227 of the Constitution of India and on an occasion or two, even the Supreme Court.2. While more often than not, it is the Assessee who is normally aggrieved by the orders passed by the Tribunal either granting partial waiver of the amount required to be deposited for maintaining the appeal before the Tribunal or in some cases not-granting any waiver, this time the revenue is before this court questioning the legality of one such order passed by the Tribunal where under the Tribunal has granted full waiver of the requirement of the deposit of the amount, amount that is the subject matter or dis...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
ORDERV. Gopala Gowda, J.1. These batches of writ petitions are filed by the owners of agricultural and/or converted lands, house sites, residential/farm houses, companies and builders and others questioning the legality, validity and correctness of the acquisition of vast extent of lands for a development scheme called ARKAVATHI LAYOUT. The main features of the layout, as mentioned in the report of the Engineering Department of the BDA, are:(a) Total extent of land required : 2750 acres(b) Proposed residential sites : 28600(c) Civic Amenity sites : 50(d) Commercial sites : 150(e) Total estimation : Rs. 933.47 Crores(f) Total amount received : Rs. 981.36 Crores(g) Saving : Rs. 47.89 Crores(h) No. of villages covered : 16(i) No. of applicants : 2,32,000The details of various dimensions of the residential sites, the extent of land used for various purposes such as residential sites, park and play grounds, civic amenities, roads etc., the amount that would be realised from the sites, the t...
Tag this Judgment!Court : Rajasthan
Reported in : 2005CriLJ3306; II(2005)DMC398; [2006(2)JCR186]; RLW2005(3)Raj1865; 2005(3)WLC482
Narendra Kumar Jain, J.1. The point involved in the present case is as to whether Clause (i) of proviso (a) to Section 167 or Clause (ii) of proviso (a) to Section 167(2) Cr.P.C. will be applicable for the offence under Section 304B IPC2. The accused-petitioners have filed this application for bail under Section 439 Cr.P.C. in FIR No. 710/2004, registered at Police Station, Nadbai, District Bharatpur under Sections 498A and 304B IPC.3. The learned counsel for the petitioners contended that the accused-petitioners were arrested on 17.11.2004 and no challan was filed within a period of 60 days. Even after completion of 75 days from the date of their arrest when charge-sheet was not filed then they moved an application for bail under Section 167(2) Cr.P.C. before the Sessions Judge, Bharatpur. The Sessions Judge, Bharatpur, vide its order dated 18.2.2005, rejected the bail application of the petitioners by mentioning the reason that the offence under Section 304B IPC is punishable up to t...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR2787
ORDERGopala Gowda J.1. The petitioner, party-in-person, is a Law Student. He had filed this writ petition with the following prayers:'(a) To call for all relevant documents pertaining to this case, procedure of examination, mode or system of valuation by examiner, valuation by re-examiner including moderaters, remarks application and issued legal notice in all originals from the respondent No. 1 and respondent No. 1 from respondent No. 2 or respondent No. 3 from respondent No. 1 in the matter.(b) To issue a writ of mandamus or order or direction or any other appropriate writ setting aside the endorsement/letters dt. 29.3.2004 made in No. KVV: Exam Profession, LAW: VAI: 03-04/PRATHI/294 Annexure-'D' and dt: 04/05/04 made in KVV:KA:AND:VAI:EXAM 04-05/13 Annexure 'F' series respect passed by the respondent No. 1 including revaluation statement of marks which is not made available from respondent No. 1, to declare the performance done in Dec-2003 in papers: i) Law of Crimes, ii) Property L...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3323
ORDERH.N. Naga Mohan Das, J.1. Father of the Nation Mahatma Gandhi wrote in the weekly 'Harijan' as under:-'True Democracy cannot be worked by twenty men sitting at the center. It has to be worked from below by the people of every village....''Independence must begin at the bottom. Thus, every village will be a republic or Panchayat having full powers. It follows, therefore, that every village has to be self-sustained and capable of managing its affairs even to the extent of defending itself against the whole world. It will be trained and prepared to perish in the attempt to defend itself against any on slough from without. Thus, ultimately, it is individual who is the unit. This does not exclude dependence on and willing help from neighbours or from the world. It will be free and voluntary play of mutual forces. Such a society is necessarily highly cultured in which every man and woman knows what he or she wants and, what is more, knows that no one should want anything that others can...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR242
M.M. Kumar, J.1. This is defendant's appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of fact recorded by both the Courts below holding that in earlier litigation in respect of the property in dispute in the present proceedings it was held that the defendant-appellant was not adopted by Inder Singh who was admittedly the owner of the suit property. It was further found that the afore-mentioned Inder Singh did not execute any valid will in favour of the defendant-appellant bequeathing his property including the property in dispute. The plaintiff-respondent has produced a copy of the judgment dated 17.1.1992 in C.A.No. 1 of 1987 Ex.PA/1. In the afore-mentioned proceedings there were three specific issues raised before the learned Civil Judge, Barnala which were as under:1. Whether plaintiff No. 1 Lal Singh is in possession of 1/4 share in the land in dispute on the basis of the sale-deed dated 19.6.1984 executed in his favour by Inder Si...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(5)ALD742; 2005(6)ALT317
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by B. Kantha Reddy seeking a writ of certiorari to quash the judgment and decree dated 4-5-2005 passed in O.P. No. 6 of 2001 on the file of the Junior Civil Judge (Election Tribunal under A.P. Gram Panchayat Act, 1994), Alampur, Mahaboobnagar District. By the impugned order, the learned Election Tribunal set aside the election of the petitioner as Sarpanch of Amaravai Village and further declared E. Prakash Goud-fourth respondent in the writ petition as duly elected Sarpanch of Amaravai Village.2. Election notification was issued by the State Election Commission, Hyderabad, to the Sarpanch post of Amaravai Village. B. Kantha Reddy-writ petitioner and E. Prakash Goud-fourth respondent filed nominations to the Sarpanch post of Amaravai Village. The fourth respondent raised objection before the Assistant Election Officer-second respondent with regard to eligibility of the writ petitioner to contest for the post of Sarpanch ...
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