Court : Madhya Pradesh
Reported in : 2003CriLJ3301; 2003(2)MPHT289; 2003(2)MPLJ600
Rajeev Gupta, J.1. Appellant Prem Nepali @ Prem Bahadur stands convicted under Section 302, IPC with sentence of imprisonment for life, vide impugned judgment dated 30-11-91 passed by 1st Additional Sessions Judge, Bhopal, in Sessions Trial No. 201/88.2. The appellant has been found guilty of causing injuries on the right thigh of deceased Guddu @ Shahzad by means of knife, in the evening of 26-8-88, leading to his death the same night.3. At the trial, accused Prem Nepali @ Prem Bahadur abjured hisguilt and pleaded false implication to the charge framed by the Trial Court under Section 302, IPC.4. The charge of 'murder' against the accused was sought to be proved on the evidence of Bhole Shafiq (P.W. 1), Mohd. Nazir (P.W. 2), Dr. Abdul Hakeem (P.W. 3), Rameshwar Pandey (P.W. 4), Ram Palat Pandey (P.W. 5), Brijwasi Prasad (P.W. 6), Laxman Singh (P.W. 7), Dr. Suneet Kaur (P.W. 8), Dr. Daryav Singh Badkur (P.W. 9), J.P. Garg (P.W. 10), Abdul Majid (P.W. 11), Vishnu Prasad Tiwari (P.W. 12)...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
ORDER1. These petitions under Article 226 of the Constitution of India - which were originally filed in the High Court of Sikkim and now withdrawn by and transferred to this Court under Article 139-A- raise certain interesting and significant issues of the constitutional limitations on the power of Parliament as to the nature of the terms and conditions that it could impose under Article 2 of the Constitution for the admission of new State into the Union of India. These issues arise in the context of the admission of Sikkim into the Indian Union under the Constitution (35th Amendment) Act, 1975 as the 22nd State in the First Schedule of the Constitution of India.2. Earlier, in pursuance of the resolution of the Sikkim Assembly passed by virtue of its powers under the Government of Sikkim Act, 1974, expressing its desires to be associated with the political and economic institutions of India and for the representation of the people of Sikkim in India's Parliamentary system, the Constitu...
Tag this Judgment!Court : Allahabad
Reported in : 155Ind.Cas.369
1. In this case which has been referred to as the Agra Conspiracy Case all six appellants were charged with conspiracy, the charge being that between February 1931 and August 1932 at Agra, they jointly and severally agreed and conspired together with one another and with Dau Dayal, who is absconding, and also with Uma Shankar, Ram Nath and Vishwa Nath, approvers, and with other persons known or unknown and not before the Court, to do or cause to be done jointly and severally illegal acts, the illegal acts being to collect and possess fireaims and ammunition and explosive substances, to commit attempts to murder, to commit dacoities and extortion which are offences under the Aims Act, the Explosive Substances Act, and the Penal Code. In the charge it was further alleged that in pursuance of the aforesaid conspiracy: (a) a revolver and an automatic, pistol were stolen on February 19, 1931, and July 13, 1931, respectively; (6) a dacoity was committed in the godown of Manohar Bhagat Dhyan ...
Tag this Judgment!Court : Delhi
Reported in : 2004IAD(Delhi)637; 108(2003)DLT175
Badar Durrez Ahmed, J.1. Rule. With the consent of parties the matter is taken up for hearing today. 2. The petitioners are seeking a direction in the nature of mandamus directing the respondent no.1 to issue sale permission in favor of the petitioner no.1 in respect of the property bearing No.J-7, B.K. Dutt Colony, New Delhi-110003 (hereinafter referred to as 'the said property') 3. This property which is a lease-hold property was initially owned by one Mr Chunni Lal Nepali. Upon his demise, it came to be owned by his son Shri Bal Krishan Nepali, who is respondent no.2 herein. Despite service, nobody has entered appearance on behalf of respondent no.2. 4. On 17.07.1989, an agreement to sell was entered into by and between the said Shri Bal Krishan Nepali and the petitioner No.1's husband (Sh. H.S. Khurmi). On 03.10.1989, other documents, such as Special Power of Attorney, General Power of Attorney and Will, etc. were executed. Since this was a lease-hold property, before the sale coul...
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All162
Harris, J.1. In this case which has been referred to as the Agra Conspiracy Case all six appellants were charged with conspiracy, the charge being that between February 1931 and August 1932 at Agra, they jointly and severally agreed and conspired together with one another and with Dau Dayal, who is absconding, and also with Uma Shankar, Ram Nath and Vishwa Nath, approvers, and with other persons known or unknown and not before the Court, to do or cause to be done jointly and severally illegal acts, the illegal acts being to collect and possess firearms and ammunition and explosive substances, to commit attempts to murder to commit decoities and extortion which are offences under the Arms Act, the Explosive Substances Act, and the Penal Code. In the charge it was further alleged that in pursuance of the aforesaid conspiracy : (a) a revolver and an automatic pistol were stolen on 19th February 1931 and 13th July 1931, respectively; (b) a dacoity was committed in the godown of Manohar Bha...
Tag this Judgment!Court : Allahabad
Reported in : 2005(103)ECC8; 2005(189)ELT412(All)
Rajes Kumar, J.1. In the present writ petition, petitioner has challenged the orders dated 06.05.1999 and 12.11.2001 passed by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi.2. Brief facts of the case are that the petitioner was bringing 420 quintals garlic alleged to have been purchased in Nepal after storing them in re-usable sacks in India. When the said consignment was in transit, it was intercepted by the Custom authorities and was seized mainly on the ground that the garlic in question was of a Chinese origin. The inference that the said garlic was of a Chinese origin was drawn on the basis, (1) sack in which the garlic was stored contained Chinese description and trade information was received from petty trader at Gorakhpur that garlic are not grown at Nepal and secondly, Sri Yogesh Kumar Bhimsarya gave statement that garlic was of Chinese origin. In the adjudication proceeding. Commissioner of Customs (P), Lucknow vide its order dated 8th March, 1999 confiscat...
Tag this Judgment!Court : Mumbai Nagpur
C.V. Bhadang, J. 1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the parties. 2. This appeal is filed by the original accused Narendra Singh @ Dallu Sardar challenging the order dated 10.1.2014 passed by the learned Special Court in Special Criminal Case No.5/2013. By the impugned order, the learned Special Judge has dismissed the application Exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act for short). 3. The facts necessary for the disposal of the appeal may be stated thus: That, now deceased Suraj Yadav was a property dealer at Nagpur and had established a name in the business. According to the prosecution, the appellant is also dealing in property business and is running a Organised Crime Syndicate within the meaning of the act, along with his associates. The appellant was not happy with the influence of the deceased in the business and wanted to estab...
Tag this Judgment!Court : Patna
P.K. Deb, J.1. This appeal has been preferred against the judgment and order dated 4.3.1989 passed by the Special Judge (2nd Additional Sessions Judge), Darbhanga, in Sessions Case No. 14 of 1988 convicting the accused-appellant under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, shortly called as N.D.P.S. Act, and sentencing him to undergo rigorous imprisonment for four years.2. The prosecution case, in brief, is that on 19.9.1987 Daya Shankar Rai, P.W. 9, the then officer-in-charge of Sadar Police Station, Darbhanga, received a confidential report to the effect that the accused-appellant, who was appointed as Chowkidar of cement pole factory, Katrahia, was still living within the premises of the factory although the said factory was closed down about one year back and that he had concealed Ganja within a room of the factory and was doing business with the same. A sanha entry was made on the basis of the report of the spy and then the officer-in-charge...
Tag this Judgment!Court : Patna
S.N. Jha, J. 1. The petitioner is a proprietory firm engaged in the business of timber. In this writ petition it seeks, in effect and substance, a declaration that the authorities of the Forest Department of the State Government have no authority to interfere with the movement of timber of foreign origin from one place to another within or through the State of Bihar. The limber in question is said to be 'Khair' wood brought into India from Nepal under a valid permit.2. According to the petitioner, earlier there was restriction on import of timber from Nepal to India. By notification No. 200/90/Customs, dated 19th June, 1990 of the Ministry of Finance, Department of Revenue timber, among others, was exempted from customs duty. The Ministry of Commerce also issued consequential public notice on 11th September, 1990. Thus, by reason of the aforesaid two notifications movement of timber from Nepal to India became completely free. Neither any duty is to be paid nor penalty is to be imposed...
Tag this Judgment!Court : Guwahati
G. Mehrotra, J. 1. This is an appeal under Section 116A of the Representation of People Act, 1951, (hereinafter called the Act) against the judgment of the Election Tribunal, Nowgong. The appellant Biresh Misra (hereinafter called the appellant), a voter of Silchar West Constituency stood as a candidate for the election for the Assam Legislative Assembly from Lumding constituency as the nominee of the Communist Party of India. The respondent No. 1--Ram Nath Sarma (hereinafter called the respondent) was a candidate nominated by the Indian National Congress to contest for the aforesaid constituency. The respondent is also the Chairman of the Local Board of Nowgong and the other respondents were also the candidates for the said constituency. Abdul Mosabir contested as an independent candidate and the other respondents represented various other parties. Lumding constituency is also included as a part in the Loksabha constituency of the district of Nowgong and Sri Liladhar Kataki was the ...
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