Court : Supreme Court of India
Reported in : AIR1971SC2123; (1971)2SCC550; [1971]SuppSCR956
Ray, J.1. This is an appeal from the judgment dated 17 July, 1970 of the High Court of Assam and Nagaland dismissing the appellant's election petition.2. The appellant, respondent No. 1 Odyuo and respondents No. 2 and 3 were candidates at 37-Wokha Constituency at the election held in the month of February, 1969 for the purpose of constituting a new Legislative Assembly of the State of Nagaland.3. The respondent Odyuo was declared elected. Odyuo obtained 1517 votes and the appellant 1485 votes. Odyuo secured 32 votes more than the appellant.4. The appellant challenged the election of the respondent Odyuo as a member from 37-Wokha Constituency in the Nagaland Constituent Assembly. The grounds for impeaching the election were principally these. First, the result of the election in so far as it concerned the respondent Odyuo had been materially affected by the improper reception of 348 votes cast in his favour by the personnel of the 12th Battalion Assam Rifles then posted at Wokha and als...
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN305
P.N. Sinha, J.1. This first appeal is at the instance of dendants No. 1(a) to 1(c) in a probate proceeding and is directed against the Judgment and decree dated 29th June, 2005 passed by the learned Additional District Judge, Fast Track Court No. 1, Alipore in Original Suit No. 3 of 2005 (Old No. O.S. 56 of 1950) thereby allowing the application for grant of probate filed by the plaintiff/respondent as executor in respect of the Will dated 1st March. 1949 executed by the testator Bimal Behari Sen (since deceased) in favour of his daughter Gita Kani Sen.2. The facts of the case may be summarised as follows:The name of plaintiff has appeared in the cause title of appeal and in Lower Court Record in different manner; somewhere as Arun Kumar Bose, somewhere Arun Coomar Bose and in the Will as Aroon Kumar Bose. For the sake of convenience in this judgment we shall use his name as Aroon Kumar Bose.3. The plaintiff/respondent instituted the suit for grant of probate of the last Will and testa...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal600
Lort-Williams, J.1. The petitioner in this case held certain excise licenses in Moran near Dibrugarh and, according to his petition, used to help the officers of the Excise Department of Dibrugarh Sadar Circle in detecting excise cases for a number of years. On the morning of 24th July 1932, the petitioner was out with Mr. Baruah, a regular Excise Inspector of Dibrugarh, detecting certain illicit distillation cases in a Nepali village and returned to his shop at Moran at 12-30 p.m. At about 2 p.m. he went to see Mr. Baruah again, in the Moran Inspection Bungalow, about 500 yards away from his shop, and remained talking with him about the Nepali village case until 5 p.m., when a police constable from the officer in charge of the Moran Police Station asked him to go and see him at his shop. The petitioner went there and heard that there had been an occurrence during his absence between his servants and the Excise Officer who had attempted to test the liquor in the shop. The servants had ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC203
Surinder Singh, J.1. The appellant has challenged the judgment of conviction and sentence passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly possessing 1.700 Kgs. of charas which contained 37.09% of resin, which is a constituent of charas and that comes to 640 gms. in the recovered quantity. Thus, the trial Court convicted and sentenced the appellant under Section 20(b)(ii)(B) of the Act to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 25,000/- and in default of making payment of fine, the appellant was further ordered to undergo simple imprisonment for a period of four months, which has been challenged in this appeal. 2. In short, the prosecution case is that on 29.10.2006 PW-6, Sub Inspector, Ram Karan was on patrolling duty alongwith other police officials in Banjar area. At about 2.30 p.m. when the police party reached one K.M. from Sidhwan, they noted t...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1323 of 2011 Sujit Biswas Appellant Versus State of Assam Respondent JUDGMENT Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the judgment and order dated 23.4.2010, passed by the High Court of Guwahati in Criminal Appeal No.13(J.of 2010 rejecting Death Reference No.1 of 2010 made by the Additional Sessions Judge (FTC), No.3, Kamrup, Guwahati on 21.12.2009 in Sessions Case No.309(K) of 2009, convicting the appellant under Sections 376(2)(f) and 302 of the Indian Penal Code, 1860 (hereinafter referred to as `the IPC), sentencing him to death. The High Court commuted the death sentence of the appellant to life imprisonment, with a direction that the appellant would breathe his last in jail, and that he would not be given the benefit of remissions etc. under Sections 432 and 433-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C.).2. Facts and circumstan...
Tag this Judgment!Court : Delhi
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:21. t July, 2018 Pronounced on:8. h January, 2019 + CRL.A. 831/2014 % 1. DEEPAK SHAMSHER THAPA ..... Appellant Through: Mr. Yogesh Saxena, Mr. Sikander Azam Khan and Mr. Aditya Vikram (DLSA), Advs. versus ..... Respondent Through Ms. Meenakshi Chauhan, APP STATE for the State ASI Yasin Khan, PS Crime Branch in person CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT This appeal assails judgment, dated 13th May, 2014, whereby the learned Special Judge (NDPS-02) convicted the appellant for the offence punishable under Section 20(C) of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), as well as the consequent order, dated 24th May, 2014, whereby the learned Special Judge sentenced the appellant, for the said offence, to undergo 12 years rigourous imprisonment with fine of 1 lakh, and default simple imprisonment of 6 months. CRL.A. 831/2014 Page 1 of 10 2. The case of the prosecu...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR263
A.S. Naidu, J.1. The appellants in all these Jail Criminal Appeals faced trial for alleged commission of offence under Section 376(2)(g) of the Indian Penal Code in the Court of the Addl. C.J.M.-cum- Assistant Sessions Judges, Rourkela in S.T. No. 224/60 of 1996.2. On the basis of an FIR lodged by Laxmi Tirki (P.W. 1) the criminal action was set in motion. Shorn of all unnecessary details, the short facts alleged in the said FIR were that on 10.5.1996 at about 9 p.m. taking advantage of a beautiful moonlit night, P.W.I and her boy friend Birendra (P.W.7) along with her friend Marsha Lugun and her boy friend Sunil (P.W. 5) were chatting with each other in a field near the house of one Clara Kor.The love birds were sitting apart from each other and were busy in the world of their own. After some time P.W. 1 and Marsha strolled towards a nearby hillock and P.W. 7 and P.W. 5 followed them. Near the hillock P.W.I and P.W. 7, so also Marsha and P.W. 5 again resumed their chatting. All of a s...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC153; [1967]66ITR443(SC); [1967]3SCR508
Ramaswami J.1. This appeal is brought by special leave from the judgment of the Calcutta High Court dated March 26, 1964 in Income-tax Reference No. 29 of 1961. 2. The respondent (hereinafter called the 'assessee') is an individual carrying on business in Jute, Cloth and films. The assessment year is 1952-53, the corresponding accounting year being the calendar year 1951 for all business except Katihar Cloth Importing Co. and the Jute Mills for which the accounting year is financial year ending March 31, 1952. During the year of account the assessee claimed that the had borrowed three sums of Rs. 2,50,000 1,50,000 and Rs. 30,000 from three parties from Nepal Kharag Bahadur Nepali, Jiwanmal Santockchand and Sohanlal Subhkaran respectively. The Income-tax Officer added these amounts to the total income of the assessee on the ground that the assessee had inflated the purchase of raw jute. The Income-tax Officer was not satisfied that these three loans were genuine loans but considered tha...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj21
D.S. Dave, J.1. Both the appeals noted above arise out of the same judgment of the learned Sessions Judge, Udaipur, dated 21-1-58 and therefore they are disposed of together.2. Appellants Bismillah Khan and Mst. Azizan have both been convicted by the learned Sessions Judge Udaipur under Section 366 I. P. C. but while Bismillah Khan has been sentenced to 5 years' R I and a fine of Rs. 1000/-, Mst. Azizan has been sentenced only to 2 years' R.I. and a fine of Rs. 50/-.3. The incident giving rise to this case took place in a locality called Tekri in Udaipur on the 18th of August, 1954.4. The prosecution case against the appellants is as follows :One Mst. Ram Pyari who was a widow of one Bahadur Singh was living at Tekri. It is said that her deceased husband was a Nepali who had several years back come to Mewar, joined the military service at Udaipur. Even after his death Mst. Ram Pyari who was also a Nepali woman continued to live there. She had two daughters, Kamla aged about 16 or 17 ye...
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN701
Girish Chandra Gupta, J.1. This appeal is directed against a judgement and order dated 24 March, 2004 passed by the learned Additional Sessions Judge, Fast Track Court, Alipurduar in Sessions Trial No. 26/03 arising out of Sessions Case No. 58/2003 convicting the appellant under Section 304(1) of the Indian Penal Code and sentencing him to suffer imprisonment for life and a fine of Rs. 5,000/-, in default, to suffer further imprisonment for one year.2. The prosecution version of the case briefly stated is as follows:On 14th June, 2002 at about 430 p.m. the victim Santosh accompanied by the de facto complainant Sankar Dorjee went to the ghoognee/chowmin shop in front of a video hall at Birpara Hut. All on a sudden the accused Bikram Dorjee appeared at the spot and stabbed the victim Santosh in his belly by a sharp knife. Other parts of the body were also stabbed. The de facto complainant out of fear ran away from the place of occurrence and informed the matter to the parents of the vict...
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