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The Jammu and Kashmir Bank Ltd. Vs. Seth Rawinandan

Court : Delhi

Reported in : ILR1970Delhi898

..... observations of the bench on page 198 of the report of thiscase where it was observed that the decree passed by acourt of a native state was a non est and was never agood decree as far as india was concerned where thedefendant had not submitted himself to the jurisdictionof ..... within the territorial jurisdiction of the native state of which he wasa native subject and where he was domiciled. ..... before thehigh court was that the decree could not be executedin calcutta firstly because it had been passed by the court ofnative state of baroda not established or continuedby the authority of the central government and secondlybecause it was a decree against a foreign state whichnever submitted to the jurisdiction of the foreign court.both these submissions prevailed and the high courthad that the court at okhamandal ..... asa partner at jammu and that he was also being assessedto income-tax at jammu it was no where even allegedby him that he was not the subject of the state of jammu.this, indeed, was a fact that had to be established bythe respondent before he could assail the judgment.no evidence in this regard has, however, been pointedout to me. ..... dicey, in his famous treatise 'conflictof laws' in rule 26 of page 182 (vii edition), whiledealing with the question of jurisdiction in actionsin personam has stated the general rule of internationallaw that when the defendant, in action inpersonam,at the time of the service of the writ, is not in england,the court has no jurisdiction to entertain .....

Kailash Sharma Vs. State

Court : Delhi

Reported in : 1973CriLJ1021

..... we are not satisfied that this was the intention of section 188, and in our opinion, it is safer, when a man is tried in british india in respect of an offence committed in a native state, to require the political agent's certificate in every case. ..... criminal procedure code as amended in 1923 to try an offence committed wholly or partly in the native state without a certificate of the political agent. ..... thereforee, under the first proviso to section 188, criminal procedure code, a certificate of the political agent or the sanction of the state government is a prerequisite for conferring jurisdiction on an indian court to try the petitioner. ..... a preliminary objection has been raised by the learned counsel for the state against the maintainability of the present revision petition in this court. ..... the preliminary objection raised by the learned counsel for the state is, thereforee, overruled.3. ..... against him in both the cases was that he received gold ornaments from different persons by way of pledge and after doing so, sub-pledged them for higher amounts to other banks, at tri-chur which is situated in state of cochin. ..... the facts of that case may be briefly stated:6. ..... state of bombay 0043/1957 : 1957crilj1346 . .....

K G vs.state of Delhi & Anr.

Court : Delhi

..... child. be it noted that in exceptional cases the court can still refuse to issue direction to return the child to the native state and more particularly inspite of a pre- existing order of the foreign court in that behalf, if it is satisfied that the child s return may expose him to a ..... w.p.(crl) 374/2017 page 57 of 96 native state and brought within its territorial jurisdiction, the child has not gained roots here and further that it will be in the child s welfare to return to his native state because of the difference in language spoken or social customs and contacts to which he/she has been accustomed or ..... court in such a situation may then examine whether the return of the minor to his/her native state would be in the interests of the minor or would be ..... the custody issue concerning minor child adithya does not deserve to be gone into by the courts in india and it would be in accord with principles of comity as well as on facts to return the child back to the united states of america from where he has been removed and enable the parties to establish the case before the courts in the native state of the child i.e ..... state of tamil nadu, (2015) 5 scc450wherein the supreme court had, inter alia, observed that it is in accord with the principle of comity as well as the welfare of the child who is a foreign citizen, that the child returns back to his/her native land from where the child has been removed, and that the parties must establish their case before the court in the native state .....

Vivekanand Bihari vs.state

Court : Delhi

..... applying facial form and fatness, height of forehead and hair style, (ii) anthropometric analysis based on length of forehead and total width of the face and percentage thereof, and (iii) gait pattern, which is stated to have revealed convex knee flexion, it was opined that the image of the person in the cctv footage was similar to the image of the person contained in the cd in which the appellant s gait ..... regard, that, in the statement of the appellant, recorded on 27th october 2011, the only reference, to concealment of the incriminating articles, is to be found towards the end of the statement, wherein the appellant stated that the had disposed of the dao, the vest used by him to wipe the blood stains, the bottle of acid and the blood stained pillow, shawl and other items were disposed of, by him, here ..... (i) dw-1 murat lal poddar deposed, in his examination-in- chief on 31st of august 2013, that he had last met the appellant on 16th october, 2011, at their village in bihar, where he had stated that, as he had got injured during his work in delhi, he had come back to the village with his wife and mother, and that he would return after having recovered from the injury. ..... the names of the appellant and the deceased only when the police visited his premises on 21st october 2011 and that, in fact, he was unaware of the name, parentage and native state of any of the tenants residing in his neighbourhood. ..... am not aware of name, parentage, native state any of the tenants residing in my .....

Indu Munshi and Ors. Vs.uoi and Ors.

Court : Delhi

..... that this was the case with migrant teachers, who had to toil for these 20 years, with less than the minimum scale, is a sad commentary for the state which in the first place could not assure the security and safety of their life and possessions that led them to flee their native state and become refugees, in a manner of speaking in their own country. ..... , air1983sc328 the supreme court characterized as forced labour the acceptance, under compulsion of circumstances, by a person without employment, remuneration that was lower than the minimum wage and stated that it may therefore be legitimately presumed that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage, he is acting under the force of some compulsion which drives him to ..... importantly, the state, which is bound by principles of non-arbitrariness and reasonableness, cannot legitimately deny benefits to a citizen, who flees her home and native state on account of compelling law and order reasons, on the ground that the same non-arbitrariness principle would bind it forever to the exploitative position that it took earlier, in providing contractual employment. ..... it was observed in pratap kishore panda v agni charan das, 2015 (11) scale609that ..the most that can be done for such employees is for the state government to devise a scheme, as a one-time measure, for their absorption so long as the governing statute or the rules and regulations are not infringed. .....

Lalitha Lakshmanan vs.cbi

Court : Delhi

..... that a native indian subject arrested without a warrant by british indian police in a native state and brought to ahmedabad was found in ahmedabad so as to give jurisdiction to the magistrate at that ..... the accused were charged for offences under sections 420, 419, 467 and 468 and the offences were committed in native state, mysore. ..... of 2016 page 19 of 21 the principle upon which these cases are based underlies also section 188 of the criminal procedure code which, in that vinayak, a native indian subject, is charged inter alia in respect of certain offences committed in london, applies to this case. ..... is not the requirement of section 188 that the victim shall state in the complaint as to which place the accused may be found ..... 1521 the offence was committed at a place in the bhopal state, the accused resided at itarsi in the hoshangabad district and was tried by a hoshangabad ..... state of bombay [air1957sc857 1958 scr328 1957 cri lj1346 this court while dealing with the question of jurisdiction of the courts to try an offence of cheating committed by a foreign national held that the offence of cheating ..... state of madras [(1962) 2 scr116: air1961sc1601: (1961) 2 cri lj736 it was further held that the court having jurisdiction to try the offences committed in pursuance of the conspiracy, has also the jurisdiction to try the offence of ..... state of punjab [1973 cri lj1021 1972 raj lr112 a constitution bench of this court was to consider as to when section 188 of the code would be applicable to .....

Eric Kamau Mulhai Kenyatta vs.state Nct of Delhi

Court : Delhi

..... ) 1285/2017 & 1453/2017 page 3 of 9 that, in his native state, he holds a valid license for fire arm and that the cartridge had come in his baggage by mistake, there being no intention nor he being aware of its presence in the baggage ..... other case, the fact that the petitioner holds a valid fire arm licence in his native state has been confirmed. ..... it has been submitted that the petitioner in the first captioned case is a 23 years old native of england, who has been actively involved in charity work in india, having volunteered to work on international development programme in a large number of countries, coming to india to work with an indian organization named pravah in association with ..... these circumstances, the theory of it having continued to be lying in his baggage from native country to india through the short travel here in highly probable and cannot be ruled out ..... the submissions of the learned additional standing counsel for respondent/state also show that the police is yet to approach the competent authority for sanction under section 39 of the ..... second petitioner) and during her stay, on valid visa, here she having rendered assistance in a village in the state of rajasthan in the areas of sanitization, education, etc. ..... whether availability of an alternative remedy of revision operated as a bar in this regard is no more a res integra and is by and large settled by a series of supreme court judgments though to quote those would be to repeat what had been stated very often. .....

Abigail Louisa Clark & Anr vs.state Nct of Delhi & Anr

Court : Delhi

..... ) 1285/2017 & 1453/2017 page 3 of 9 that, in his native state, he holds a valid license for fire arm and that the cartridge had come in his baggage by mistake, there being no intention nor he being aware of its presence in the baggage ..... other case, the fact that the petitioner holds a valid fire arm licence in his native state has been confirmed. ..... it has been submitted that the petitioner in the first captioned case is a 23 years old native of england, who has been actively involved in charity work in india, having volunteered to work on international development programme in a large number of countries, coming to india to work with an indian organization named pravah in association with ..... these circumstances, the theory of it having continued to be lying in his baggage from native country to india through the short travel here in highly probable and cannot be ruled out ..... the submissions of the learned additional standing counsel for respondent/state also show that the police is yet to approach the competent authority for sanction under section 39 of the ..... second petitioner) and during her stay, on valid visa, here she having rendered assistance in a village in the state of rajasthan in the areas of sanitization, education, etc. ..... whether availability of an alternative remedy of revision operated as a bar in this regard is no more a res integra and is by and large settled by a series of supreme court judgments though to quote those would be to repeat what had been stated very often. .....

State vs.mohit

Court : Delhi

..... i got married at my native state of bihar. ..... prosecutrix s age again would be around 20 years, if we go by the earlier portion of the aforesaid deposition wherein pw-4 has stated that she has come to delhi about 12-13 years back and at that time the prosecutrix was about 7-8 years of age. ..... the prosecutrix was born in her native place in a village in district danbhanga, bihar. ..... this leave to appeal by the state is belated and an application for condoning delay of 14 days in filing has been moved. ..... imtiyaz khan (pw-13) has stated that the respondent mohit was working as an employee with his brother at their chicken shop. ..... it is wrong to suggest that my daughter used to attend school at our native place at bihar. ..... 7212/2015 state mohit through: ms. .....

Tuncay Alankus Esq. Vs.central Bureau of Investigation

Court : Delhi

..... questioning the issuance of warrant of arrest which led to the extradition of the petitioner from his native state twenty years after the event with no reason explained for such inordinate delay is incomprehensible.7. .....