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May 22 2017 (HC)

Ram Singh vs.state

Court : Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :8. h MAY, 2017 DECIDED ON :22. d MAY, 2017 RAM SINGH STATE CRL.A. 414/2015 Through : Mr.S.K.Sethi with Ms.Dolly Sharma, ..... Appellant Advocates. versus Through : Ms.Meenakshi Chauhan, APP. ..... Respondent CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.1. Challenge in this appeal is a judgment dated 22.12.2014 of learned Addl. Sessions Judge in Sessions Case No.42/2013 arising out of FIR No.43/2013 PS Shalimar Bagh by which the appellant Ram Singh was held guilty for committing offences punishable under Section 10 POCSO Act and Section 342 IPC. By an order dated 23.12.2014, the appellant was sentenced to undergo RI for seven years with fine `5,000/- under Section 10 POCSO Act and RI for one year under Section 342 IPC. The sentences were to operate concurrently.2. Briefly stated the prosecution case is projected in the charge- sheet was that on 26.01.2013 at around 08.30 a.m. the appellant sexually assaulted the victim X (chan...

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Dec 07 2012 (HC)

Rajendra Kumar S/O. Shrem Kumar Vs. the State of Goa

Court : Mumbai Goa

By this appeal, the appellant (hereinafter, referred to as the accused) takes exception to the judgment and order dated 22nd December, 2008, passed by the Special Judge, at Mapusa in Special Criminal Case No. 1/2008, convicting the accused for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) and in default, to undergo further imprisonment for one year. The accused has been granted set off in respect of the period of detention in terms of Section 428 Cr.P.C. 2. The appellant was accused No.2 in Special Criminal Case No. 1/2008 filed against two accused pursuant to a raid conducted by PW.7 Punaji Gawas, attached to the ANC Police Station, Panaji on the basis of a specific and reliable information received on 23.10.2007 that one lady and one man would be coming near Dipti's Bar and Restau...

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Feb 20 1998 (HC)

Shankar Traders Vs. State of Bihar and ors.

Court : Patna

B.P. Singh and B.P. Sharma, JJ. 1. The petitioner herein through its sole proprietor has prayed for the issuance of an appropriate writ, order or direction quashing the order dated 24-1-1992 passed by the Conservator of Forest. Magadh Division, Patna (respondent No. 4) rejecting the application made by the petitioner for issue of transit permit for transporting Nepali Khair wood through the territory of the State of Bihar to other States, including Uttar Pradesh, and for a declaration that the Rules framed under the Bihar Forest Produce (Regulation of Trade) Act, 1984 shall not be applicable to forestproducc which is only in transit through the State of Bihar, not being a forest produce of the State of Bihar. 2. The facts relevant for the disposal of the writ petition are that the petitioner is a proprietory concern registered by the Department of Commercial Taxes, Madhubani having its Registration No. MB 542(R). It is also registered under the Central Sales Tax (Regulation and Tur...

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May 23 2018 (HC)

Ramji Lal & Anr vs.nand Kishore & Anr

Court : Delhi

$~20 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d May, 2018 CM(M) 1183/2017 and CM383672017 RAMJI LAL & ANR ........ Petitioners Through: Mr. Arvind Nagar and Mr. Vipin Chaudhary, Advocates versus NAND KISHORE & ANR ........ RESPONDENTS Through: Mr. Ankit Gupta and Mr. Sanjeev Goyal, Advocates for R-1 & 2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The process of mediation is one of the several statutorily recognized modes of settlement of disputes available as alternative to adjudicatory process in the court. Court annexed mediation process is now an established institution receiving recognition for the invaluable services thereby provided, the hallmark whereof is that it is an exercise in which the litigants, aided and assisted by their respective counsel and a neutral mediator, participate of their own volition with the objective of searching for common grounds that would throw up solutions to the vexed problem they face, the solutions being such as to wh...

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Jan 11 1984 (HC)

Dashrath Laxman Satam and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1984(2)BomCR137

V.V. Vaze, J.1. A wooden partition with an upper-half of glass would be the least expected fixture in small shack looking like a godown. Gala No. 9 on the ground floor of Tardeo Mansion, Tulsiwadi Road, Tardeo was no doubt a godown but its original tenant P.W. 6 Kulwantsingh Chopra alias Mohan Punjabi ('Minoo') had let out the same to P.W. 14 Minoo Meherjibhow Mistry ('Minoo'). As this Gala had no electricity, Minoo approached a neighbour for supplying electrical connection. P.W. 15 Pandurang Raigude ('Pandurang'), the friendly neighbour obliged on payment of Rs. 25/- per month and gave a temporary connection. The modus operandi of the makeshift arrangement was that everyday Pandurang would carry a connecting wire from his power supply up to the rear side of Gala No. 9, provide light from 6.30 P.M. 10.00 P.M. or sometimes till midnight, and then disconnect and coil back the wire every night after use.2. The elaborate lighting arrangements for the shack were necessitated by the fact tha...

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Nov 15 2006 (HC)

Gita Lama Tamang Vs. State of (G.N.C.T.) of Delhi

Court : Delhi

Reported in : 2009(93)DRJ813

J.M. Malik, J.1. This order shall decide the above said two appeals. Both the appellants are Nationals of Nepal. They were sentenced to undergo Rigorous Imprisonment for 14 years each under Sections 29 and 21 respectively of NDPS Act and to pay a fine in the sum of Rs. 1,00,000/- each for each of the offences separately, failing which they were to further undergo Rigorous Imprisonment for one year under each Section i.e. 29 and 21 of NDPS Act. Learned Additional Sessions Judge further held that both the sentences would run concurrently and the appellants were given the benefit of Section 428 Cr. P.C.2. The facts of the prosecution case are these. On the night falling between 28/29.01.2000, eleven Nepali Nationals were traveling to Bangkok by different flights at I.G.I. Airport, New Delhi. They were arrested. They admitted having swallowed capsules filled with Heroin. Few capsules were recovered from them at the spot and few were recovered as a result of evacuation in R.M.L. Hospital. O...

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Jun 17 2011 (SC)

Ghure and ors. Vs. State of Rajasthan

Court : Supreme Court of India

1. This appeal has been preferred against the judgment and order dated 27.10.2004 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in D.B. Criminal Appeal No. 1579 of 2002, upholding the conviction and the sentence of the appellants vide judgment and order dated 2.11.2002 in Sessions Case No. 4 of 2002 (14/2000) passed by Additional District and Sessions Judge, (Fast Track), Laxmangarh, Alwar, convicting the appellants under Sections 395, 396 and 397 of the Indian Penal Code, 1860 (hereinafter called the IPC). 2. Facts and circumstances giving rise to this appeal are as under: A. Santosh Jagwayan (PW.13) lodged an FIR on 17.12.1996 at 8.30 A.M. that in the intervening night between 16th and 17th December, 1996, on hearing a noise, he sent his Chowkidar Gopal Nepali (deceased) to the roof of his house. Gopal Nepali went upstairs, opened the gate of the roof, and found that 8 to 10 accused persons were trying to enter into the house by breaking upon the door of the roof...

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Dec 13 1994 (HC)

Kanhu Charan Patra Vs. State of Orissa

Court : Orissa

Reported in : 1996CriLJ1151

ORDERB.N. Dash, J.1. These two revision petitions are directed against the judgment of the learned Second Addl. Sessions Judge, Ganjam, Berhampur whereby he has confirmed the judgment of the trial court convicting the petitioners under Sections 457/34 I. P.C. and 354/34 1.P.C. and sentencing them to each undergo rigorous imprisonment for two years and to pay fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of six months under Section 457/34 and to undergo rigorous imprisonment for one year under Section 354/34 IPC, with a direction that the sentences shall run concurently.2. Shortly stated, the prosecution case is that on 2-7-1989 at about 11.30 P.M. while Radha Charan Palnaik (P.W. 10) was returning to his rented house from the market, he found on a junction near his house some persons to have been injured. He rushed to his house and returned to the junction with some face powder and neosprin ointment. Not being satisfied with such medicine, the pet...

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Sep 15 2009 (HC)

Vijay Kumar Chaudhary Son of Yogendra Prasad Choudhary Vs. the State E ...

Court : Patna

Reported in : 2010(58)BLJR172

Shiva Kirti Singh, J.The appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing No. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal. Considering all the evidence and materials, the State Election Commissioner by order dated 25-5-2007, passed in exercise of power under Section 136(i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the 'Act') disqualified the writ petitioner/appellant from holding the post of Mukhia. The said post w...

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Sep 12 1991 (HC)

Manindra Chandra Dey Vs. Cegat

Court : Kolkata

Reported in : 1992(58)ELT192(Cal)

Ajoy Nath Roy, J.1. This is an application by Manindra Chandra Dey, the writ petitioner, complaining against an imposition of a penalty of Rs. 10,000/- upon him made by the customs authorities. The imposition was made by an order of the Collector dated 21-4-1986, under item (c) thereof and the same was confirmed in appeal by the Tribunal in its appellate order dated 21-11-1989. A reference application therefrom was dismissed by the Tribunal as out of time.2. As the result of the same events two other consequences also followed. The first of these was that Manindra Chandra Dey was also proceeded against under the Gold Control Act (now repealed) and the second consequence was that two gold bars and one gold stick were confiscated. In so far as the gold control proceedings are concerned they form the subject-matter of altogether different legal proceeding and whatever appears herein is not to be treated as any pronouncement upon the same. In so far as the confiscation of the gold bars and...

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