Court : Patna
Ajay K. Tripathi, J.1. By virtue of order dated 20-12-2006 contained in Annexure-4, the State Election Commissioner, while exercising power under Section 135(1) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) has disqualified the petitioner from the post of Mukhlya, Ballour Gram Panchayat in the District of Darbhanga on the ground that the petitioner was a Nepali citizen and therefore, is not entitled to occupy the elected office under question. Petitioner wants the impugned order, therefore, to be set aside in the present writ application.2. A complaint was filed by one Shri. Sunil Kumar Jha of Ballour Village on the ground that Shri. Narendra Narayan Das, the petitioner in the present writ application by making a false declaration had contested the election to the post of Mukhiya, even though, he is a resident of House No. 55 D.S.P. Road, Ward No. 3 of Viratnagar, Nepal and is a Nepalese citizen having citizenship No. 1177/031/32. Based on the said complain...
Tag this Judgment!Court : Delhi
Reported in : 2003(26)PTC377(Del); 2004(1)RAJ377
A.K. Sikri, J. 1. The petitioner in this writ petition is seeking direction against first respondent namely, Commissioner of Customs, Hand Container Depot, Tuglakabad, New Delhi to release its consignment and to permit the petitioner to remove the said consignment from customs without let or hindrance. The direction is also sought against first respondent to compensate the petitioner all the moneys paid by the petitioner towards demurrages or ground rent to NLS Agency (India) Pvt. Ltd., and/or to the Container Corporation of India and/or any other person for any other charges whatsoever arising from the delay in releasing the consignment to the petitioner. 2. As would be clear from the prayer clause, the petitioner has imported certain goods, but as the respondent No. 1 did not clear the same this petition has been filed with aforesaid prayers. The facts which emerge from the petition and counter-affidavits of the respondents may be recapitulated. 3. The petitioner is a Private Limited...
Tag this Judgment!Court : Punjab and Haryana
1 CR.A.No.292-DB of 2009, CR.A.No.632-DB of 2008 & CR.A.No.725-DB of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:25. 02.2014 CR.A.No.292-DB of 2009 Abdul Latif Adam Momin Appellant Versus Union of India through Central Bureau of Investigation Respondent Present: M/s R.S.Bains & B.S.Sodhi, Advocates, for the appellant. M/s Sukhdeep Singh Sandhu & Y.K.Saxena, Advocates, for the respondent. CR.A.No.632-DB of 2008 Bhupal Man Damai @ Yusuf Nepali & another Appellants Versus State of Punjab Respondent Present: Mr. N.S.Swaitch, Advocate, for the appellants. M/s Sukhdeep Singh Sandhu & Y.K.Saxena, Advocates, for the respondent. CR.A.No.725-DB of 2008 State through Central Bureau of Investigation Appellant Versus Abdul Latif Adam Momin Respondent Present: M/s Sukhdeep Singh Sandhu & Y.K.Saxena, Advocates, for the appellant. M/s R.S.Bains & B.S.Sodhi, Advocates, for the respondent. Kumar Vimal 2014.02.25 13:46 I attest to the accuracy and integrity of this documen...
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN530
Kalyan Jyoti Sengupta, J.1. The above writ petition and the appeal being MAT No. 52/04 with FMA No. 1713/03 are heard together as the principal point of controversy involved in those matters are interlinked with each other.2. The writ petition being W.P. No. 2153 (W) of 2003 has been filed by one Kiran Subba and three others claiming for the following reliefs:(a) Writ/Writ in the nature of Mandamus be issued thereby declaring that the Nepali/Gorkha speaking people of hill areas of Darjeeling are linguistic minorities;(b) Writ/Writ in the nature of mandamus be issued thereby declaring that the Schools/institution in the hill areas of Darjeeling are established and administered by the linguistic minorities and as such the provisions of West Bengal School Service Commission Act, 1997; and the amendments there under are not applicable in the hill areas of Darjeeling;(c) Writ/Writ in the nature of mandamus be issued thereby restraining the 'concerned respondent authorities from imposing the...
Tag this Judgment!Court : Patna
1. Sessions Trial No. 328 of 2006 and Sessions Trial No. 16 of 2009, arising out of Sikandara (chandradeep) P.S. case No. 42 of 2006 were conducted analogous by Sessions Judge, Jamui, framining charge against all accused under Section 302/34 of the Indian Penal Code. The trial Court by judgment and order dated 17.4.2010 has convicted all accused- appellants under Section 302/34 of the Indian Penal Code. Appellants Surendra Yadav alias Shailendra Prasad and Preman Yadav were awarded sentence of death and directed to be hanged by their neck till they are dead. But other appellants have been sentenced R.I. for life and fine of Rs.50,000/- and in default of payment of fine S.I. for six months. The District and Sessions Judge, Jamui had made reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, as such Death Reference and criminal appeals were heard analogous and being decided by a common judgment.2. Nepali Yadav is the informant of Sikandara (Cha...
Tag this Judgment!Court : Patna
1. Sessions Trial No. 328 of 2006 and Sessions Trial No. 16 of 2009, arising out of Sikandara (chandradeep) P.S. case No. 42 of 2006 were conducted analogous by Sessions Judge, Jamui, framining charge against all accused under Section 302/34 of the Indian Penal Code. The trial Court by judgment and order dated 17.4.2010 has convicted all accused- appellants under Section 302/34 of the Indian Penal Code. Appellants Surendra Yadav alias Shailendra Prasad and Preman Yadav were awarded sentence of death and directed to be hanged by their neck till they are dead. But other appellants have been sentenced R.I. for life and fine of Rs.50,000/- and in default of payment of fine S.I. for six months. The District and Sessions Judge, Jamui had made reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, as such Death Reference and criminal appeals were heard analogous and being decided by a common judgment.2. Nepali Yadav is the informant of Sikandara (Cha...
Tag this Judgment!Court : Delhi
1. Whether Reporters of local papers may be allowed to see the order? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in Digest? Yes ORDERIntroduction1. Stating that he is a citizen of India and a resident of Nandu Gaon, Harrboty, Poklok, Kamrang, South Sikkim and an educated farmer, the Petitioner has filed this writ petition for a direction to the Union of Indian in the Ministry of Home Affairs (MHA) to decide a complaint made by him on 9th June 2008 against Respondent No. 3, Shri Pawan Kumar Chamling, who is at present the Chief Minister of Sikkim.2. Although a further prayer is for a declaration that Respondent No. 3 "has ceased to be a citizen of India and disqualified to hold any constitutional post", Ms. Pinky Anand, learned Senior counsel appearing for the Petitioner, at the outset stated that the Petitioner does not press that prayer. He confines his prayer to a direction to the MHA to decide his complaint dated 9th June 2008.3. Earli...
Tag this Judgment!Court : Kolkata
Reported in : 47Ind.Cas.811
1.The accused Kabili Katoni has been found guilty by the unanimous verdict of the Jury of the murder of one Mangal Singh and has been sentenced to death by the Sessions Judge of the Assam Valley District. The case has come before us under Section 374 of the Criminal Procedure Code, and there is also an appeal by the accused to this Court.2. It was argued that there had been such a misdirection by the learned Sessions Judge as vitiated the verdict of the Jury and that the accused was entitled to a new trial. The passage relied upon was that where the learned Judge was dealing with the burden which lay upon either side to prove such facts as they asserted. In this case' (he said) 'it is for Kabili to satisfy the Jury that he was ill treated by the Police or that inducements were offered,' On 12th September 1917, Kabili had made a detailed confession before a Magistrate. To that confession he adhered, with some slight differences and additions, before the Commit-ting Magistrate on 27th Se...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori161; 1960CriLJ1349
Narasimham, C.J. 1. This is an appeal by the State of Orissa against an order of acquittal passed by the Sessions Judgeof Mayurbhanj in a case under Sections 302, 324 and 326 I.P.C. instituted against the respondent, a Nepali named Ram Bahadur Thapa. 2. In village Rasgovindpur in Balasore district there is an abandoned aerodrome in which was collected a large quantity of valuable aeroscrap. The Garrison Engineer of the Defence Department kept the aeroscrap in charge of two choukidars mimed Dibakar (P.W. 22) and Govind (P.W. 23) with a view to prevent pilferage by unauthorised persons. One Jagat Bandhu Chatterjee (P.W. 29) of the firm of Chatterji Brothers, Calcutta, came to Rasgovindpur accompanied by a Nepali servant named Ram Bahadur Thapa (respondent) sometime in April 1958 for the purpose of purchasing the said aeroscrap. He and his Nepali servant stayed in the house of one Krishna Chandra Patro (P.W. 26) who was keeping a tea stall in village Rasgovindpur. All round the aerodrome ...
Tag this Judgment!Court : Mumbai
Reported in : 1993CriLJ2919
Saldanha, J.1. Occasionally, criminal trials bring before the Courts human beings who are accused of acts of shuddering brutality. In this day and age, the offence of rape, which was more in tune with tribal society and conquering armies, is still manifesting itself and, having regard to its abhorrent nature has been classified along with that class of offences that call for stringent punishment. It is despicable enough when the attack is on an adult female, but the situation becomes far more gory when the victim is a minor and virtually crosses the limits of depravity in cases where the offence is directed against an infant. The law has, therefore, upgraded the punishment and prescribed an ascending scale of stringency as the age of the victim goes lower. A Court would be fully justified, therefore, in awarding the maximum sentence where the victim was a four-month old female child which was killed in the process. In this background, we proceed to deal with the present set of appeals....
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