Court : Supreme Court of India
Decided on : Nov-12-2002
Reported in : AIR2003SC269; 2002(2)ALD(Cri)924; 2003CriLJ443; JT2002(9)SC445; (2003)1SCC506; 2003(1)LC576(SC)
Banerjee, J.1. On a reference to the High Court by the Principal Judge of theSessions Court at Bombay for confirmation of an order of death sentence passed against the appellants herein in Sessions Case No. 477 of 1996, the High Court recorded its finding in theaffirmative to the order of conviction and sentence passed by the learned Sessions Judge. It is this order of confirmation which is before this Court presently under consideration. 2. Significantly accused Nos. 4 to 10 are absconding and the matter was dealt with thus against accused Nos.1, 2 an 3. Since the matter has been argued before this Court in rather great a length, we think it fit and proper to note the charges so framed in extenso at this juncture and before entering on to the arena of merits. The changes read as below:'Firstly -- That you No. 1 along with Nos. 2 and 3 above named and absconding accused Nos. 4 to 10 above named on the aforesaid date, time and place and prior to it agreed to murder Harish Vallabhdas Bha...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Decided on : Nov-12-2002
Reported in : (2003)87ITD630(Bang.)
1. This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals) - X, Hubli dated 31-3-1997, pertaining to assessment year 1995-96.2. The assessee though has raised as many as 17 grounds, yet the relevant controversy is challenged by way of raising following grounds: i. The learned CIT(A) erred in confirming the addition of Rs. 1107.36 lakhs without allowing any expenditure incurred by the appellant in earning such income and thereby erred in not computing the total income as per the provisions of the IT Act, 1961. ii. The authorities below erred in computing the entire receipts under the head 'income from other sources' and further erred in not allowing the expenditure incurred by the appellant. iii. The authorities below erred in not computing the receipts under the head 'income from business or profession'. iv. The authorities below ought to have allowed the expenditure in the form of payment of interest to banks and on debenture and other expendit...
Tag this Judgment!Court : Delhi
Decided on : Nov-13-2002
Reported in : AIR2003Delhi103; 101(2002)DLT229
Anil Dev Singh, J:1. By this public interest writ petitioner seeks: (i) a direction to the respondents to protect the rights of innocent conscientious consumers who object to the use of animals in whole or in part or their derivatives in food, cosmetics and drugs, etc., by making the manufacturers and packers thereof to disclose the ingredients of the aforesaid products so that they make an informed choice with regard to their consumption; (ii) a direction to the manufacturers and packers of cosmetics, drugs and articles of food for complete and full disclosure of the ingredients of their products being sold to consumers; (iii) a declaration that the consumers have a right of making an informed choice between the products made or derived from animal and non-animal ingredients; and (iv) a direction to the manufacturers and packers of food, cosmetic and drugs that the products made from animals should bear an easily identifiable symbol conveying that it has an animal ingredient. The peti...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-14-2002
Reported in : (2003)(86)ECC352
1. In this appeal, the challenge is against the imposition, by the Commissioner of Customs, of a penalty of Rs. 75,000 on the appellant under Section H2(b) of the Customs Act.2. The appellant was one of the three occupants of the truck which was intercepted by Customs officers in the night of 4/5 March, 2001 on the Gorakhpur-Sonauli road. The other two occupants of the truck were the driver Shiv Achal Patel and the owner Virendra Pratap. The truck was coming from Sonauli, a place within the territory of India, near the Indo-Nepal border. On a thorough check of the vehicle, the officers discovered foreign origin computer parts bearing the marking 'Made in Phillipines' in secret cavities behind the driver's seat. On interrogation, the driver stated that the cavities had been constructed for smuggling of goods from Nepal; and that the computer parts found in the cavities were brought from Nepal. The officers, believing that the goods were liable to confiscation under Section 111 (d) of t...
Tag this Judgment!Court : Kolkata
Decided on : Nov-14-2002
Reported in : (2003)3CALLT100(HC),2005(1)CHN586,2005(30)PTC272(Cal)
Kalyan Jyoti Sengupta, J. 1. The plaintiff is the owner of the registered trade marks 'Odonil', 'Odopic', 'Odomos' both label and word under the common Classes-5, 3, 9, 11, 21, and it has also applied for further registration between the years 1985 and 2001, for the word 'Odo'. This action has been taken against infringement and passing of by the defendant who uses the name and mark 'Odoja' in their products which are under same class. With the word 'Odo' the plaintiff claims that the aforesaid registrations were effected at different point of time ranging from 24th August, 1962 to 26th February, 1990. Admittedly the defendant's mark is not a registered one and it has merely applied for registration of its mark on or about 27th of March, 2000. The plaintiff claims, that it was the first in using of the word 'Odo' in its trademarks for commercial purpose. 2. The defendant in his affidavit in opposition has taken defence that the word 'Odo' is a generic term and used by all the traders a...
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-2002
Reported in : 2003CriLJ1318
M.C. Jain, J.1. The appellants are Sheo Nath, his son Sarvadeo and one Suresh who have been convicted under Section 324, I.P.C. read with Section 34, I.P.C. and each sentenced to undergo R.I. for two years by judgment dated 11th June, 1981 passed by Sri Hem Raj Ram, the then II Additional Sessions Judge, Ballia in S.T. No. 45 of 1981. The trial was held under Section 307, I.P.C. read with Section 34, I.P.C.2. The basis of the prosecution was the F.I.R. lodged by Rajendra Singh son of injured Gauri Shanker Singh P.W. 1 at the concerned police station on 25-11-1979 at 2.30 a.m. The incident took place in between the night of 24/25-11-1979 24/25-11-1979 close to midnight at the tube well of the complainant situated in Village-Katahura, Police Station, Rashra, District Ballia.3. The relevant facts are that in the evening of 24-11-1979 Sheo Nath and Suresh accused approached Gauri Shanker Singh for providing water for irrigation from his tube well. Gauri Shanker Singh expressed his inabilit...
Tag this Judgment!Court : Kerala
Decided on : Nov-22-2002
Reported in : 2003(3)KLT968
ORDERPius C. Kuriakose, J. 1. Impugned in this revision initiated by the plaintiff is an order passed by the trial court in a suit in the nature of a public interest litigation. A resume of the facts is given below.2. The plaintiff one P. Sivadasan claims to be a 34 year old businessman and son of one Sankaran of Pillakkal House, Kakkad Desom, Kannur. The suit is instituted arraying the Secretary of the local authority (1st respondent herein) and one K.V. Muhammedkunhi Haji (2nd respondent herein) as the defendants. The cause of action alleged is the construction of two buildings in gross, violation of the Building Rules by the 2nd defendant., Reliefs sought for in the suit inter alia are perpetual injunction restraining the 2nd defendant not only from conversion of the parking area provided in one of the buildings into shops, but also from letting out the building to tenants.3. The first defendant-Municipality is yet to file a written statement in the suit. The 2nd defendant who will ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-28-2002
Reported in : 2003(1)AWC455
..... are not necessarily women of bad character but have been driven to the profession due to acute poverty in their family. it was reported in the press that 1,200 nepali girls are sold every year by their parents and brought to brothels in calcutta and elsewhere because the parents cannot feed those girls. similar is the plight in various parts .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-29-2002
Reported in : 2003CriLJ2287
M.C. Jain, J.1. As many as 24 persons were tried in Sessions Trial No. 627 of 1983. State v. Harish Chandra and 23 others in the Court of 2nd Additional Sessions Judge, Bulandshahr. All of them came to be convicted and sentenced variously (as would appear from the discussion that follows) by judgment and order dated 18th July, 1984 passed by Sri Phool Singh, the then Presiding Officer, of the said Court.2. 23 of them (Harish Chandra and 22 others) filed Criminal Appeal No. 1959 of 1984, whereas the 24th accused Shyamu son of Harish Chandra filed connected appeal No. 2036 of 1984.3. There was another accused Ram Pal named in the F.I.R. but the chargesheet was not submitted against him.4. Appellant Narena of Criminal Appeal No. 1959 of 1984 died during the pendency of the appeal. As such, the appeal abates so far as he is concerned. Therefore, presently, there are 22 appellants in criminal appeal No. 1959 of 1984 and appellant Shyamu in connected criminal appeal No. 2036 of 1984. The app...
Tag this Judgment!Court : Mumbai
Decided on : Dec-02-2002
Reported in : 2003(162)ELT25(Bom); 2003(2)MhLj84
V.C. Daga, J.1. This petition is directed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal, Mumbai ('CEGAT' for short) dated 20-4-1989, upholding the order of the Collector of Customs, except modification of reducing the redemption fine of Rs. 10 lakh to Rs. 5 lakh in respect of the order dated 13-6-1988.THE FACTS 2. The facts leading to filing of the petition in nutshell are as under, The petitioners are the exporters of 'Colour Picture Tubes' ('CPT' for short) to USSR. They were awarded contract for supply of CPT to USSR sometime in the month of December 1987. On 23rd February 1988, they entered into a contract with one M/s Samsung Co. Ltd. of Korea ('M/s Samsung' for short) for import of CPT to fulfil their obligation under the said contract. Accordingly, on 29-2-1988, the petitioners opened irrevocable Letter of Credit in favour of M/s Samsung for import of CPT.3. Upon publication of the new Import policy on 30th March 1988, petitioner No. 1 came to kn...
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