Court : Supreme Court of India
Decided on : Jan-15-2002
Reported in : AIR2002SC617; 2002(1)ALD(Cri)310; 2002(1)ALT(Cri)102; (2002)1CALLT53(SC); 2002CriLJ984; 2002(1)Crimes258(SC); JT2002(1)SC106; 2002(1)SCALE133; (2002)2SCC551
1. The High Court of Gauhati in Criminal Appeal No. 102 of 1994 confirmed the judgment and order dated 7.7.1994 passed by the Additional Sessions Judge, Silchar in Sessions Case No. 9 of 1992 convicting the appellants for the offence punishable under Sections 302/149 and 148 of IPC and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- each for the offence under Section 302/149 IPC and further imposing sentence of one year rigorous imprisonment for the offence punishable under Section 148 IPC. The order is challenged by filing this appeal.2. It is the prosecution version that deceased Dipak Deb alias Piklu, resident of Silchar went out for buying and chewing 'Paan (Betel)' at about 10 p.m. on 14.12.1990. On hearing his cry for help, brothers of the deceased went at the scene of the offence. It is their say that deceased Piklu was caught by the accused persons and at their instance, Nepal Deb (since deceased) gave a dagger blow on the left side of ...
Tag this Judgment!Court : Patna
Decided on : Jan-15-2002
S.K. Katriar, J.1. Heard learned Counsel for the parties. The plaintiff-respondent is the petitioner This civil revision application is directed against the order dated 24-8-2000, passed by the learned Additional District Judge 3rd Court, Begusarai, in Misc. Case No. 1 of 1996, whereby he has restored MTA No. 36 of 1989 to its original file.2. The present petitioner had instituted Title Suit No. 24 of 1960/12 of 1989 in the civil Court of Begusarai which was decreed. The present opposite parties had preferred Title Appeal No. 36 of 1989 in the Court of learned District Judge, Begusarai. By order dated 1-12-1995, the same was dismissed for non-prosecution on account of non-appearance of the learned Counsel for the appellants. The appellants thereafter, filed an application under Order XLI, Rule 19 CPC before the same Court for restoration of the appeal to its original file which was registered as Misc. Case No. 1 of 1996. The same was allowed by order dated 9-9-1998, subject to paymen...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-15-2002
Reported in : (2002)(141)ELT826TriDel
1. This appeal has been filed by the appellant against the impugned order-in-original dated 8-9-2000 vide which the Commissioner has imposed penalty of Rs. 1 lakh on him, through the impugned order.2. The appellant was a driver on Truck No. MP-23 D/7893 on 3-4-1998 when the said truck was intercepted on Jaipur-Delhi National Highway by the DRI Officers. There were two other occupants in the truck. The appellant along with the two occupants was brought to the DRI Office of Nepal Division. The goods loaded in the truck were examined and that examination resulted in the recovery of ball bearings, cosmetics, rechargeable NI-CD (Nickel Cadmium) Pencil batteries etc. of foreign origin. The present appellant admitted his involvement in the smuggling of the goods, in his statement. The other persons also did not contest their liability. The Commissioner through the impugned order directed absolute confiscation of the goods valued at Rs. 82,96,900/- and also of the truck of the appellant. The ...
Tag this Judgment!Court : Gujarat
Decided on : Jan-16-2002
Reported in : (2002)4GLR3734
K.M. Mehta, J.1. D. Barot-petitioner herein has filed this petition for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or Order, quashing and setting aside the impugned Order of discharge dated 13-1-1999 passed by the Special Additional Police Officer, Rajkot discharging the petitioner from service. The petitioner further prayed that this Court may direct the respondent-State of Gujarat through the Secretary, Home Department and direct the Director General of Police, Gujarat State to reinstate the petitioner with consequential benefits and back wages. He further prayed that this Court may also quash and set aside the Order dated 1-10-1999 passed by the Special Police Officer, Rajkot rejecting the representation of the petitioner. The petitioner further prayed that this Court may also direct the respondents to treat the petitioner as having been confirmed in service on 14-6-1998 when his probation period was wrongly extended for six month...
Tag this Judgment!Court : Chhattisgarh
Decided on : Jan-18-2002
Reported in : 2002(2)MPHT7(CG)
..... -2001, passed by a.d.j., durg, whereby application for withdrawal of f.d.r. amount has been rejected.3. counsel for the applicants submits that the deceased was a nepali and he died in an accident and the claimants are widow and children. he further submits that the amount is needed for treatment of the child of the deceased, who .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-18-2002
Reported in : (2002)1CALLT302(HC),2002(2)CHN216
A. Talukdar, J.1. This is a Revlsional application which is directed against a Judgment and order dated 29.2.2000 passed by the learned additional Sessions Judge, 3rd Court. Mldnapore in connection with Sessions Trial Case No. 1/November 1998 corresponding to G.R Case No.900 of 1992 thereby recording an order of acquittal in favour of the accused/opposite parties in respect of charge framed against them under Sections 148, 307, 323, 324, 325, 427, 448. 436 and 149 of the Indian Penal Code.2. The order of acquittal has been sought to be assailed in this Revlsional application on behalf of the complainant/petitioner on the ground that the evidence on record was not properly assessed by learned trial Court and although the F.I.R. was lodged at 6.15 pm. where as the Incident took place at 2.00 p.m. on 01.6.1992 there was no scope of concoction and fabrication of the version and P.W.I who himself was a victim of the incident could not be disbelieved and in view of the fact that there was pr...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Jan-22-2002
Reported in : (2002)(142)ELT578Tri(Kol.)kata
1. These three appeals are taken up for disposal by this common Order as they arise out of a common impugned Order passed by the Commissioner (Appeals), Kolkata. Briefly stated the facts are that the assessees import completely pre-fumigated old and worn used clothing at a declared unit price of US $ 0.32 per kg. vide Bills of Entry filed. On the basis of an evidence of Bill of Entry No. 131242 in which the transaction value declared was US $ 1.05 per kg, the assessees were asked to explain as to why the unit price should not be enhanced to US $ 1.05 per kg. In reply, by a letter dated 26-6-01, the assessees submitted that similar goods were regularly being assessed at US $ 0.45 per kg and the same was accepted by all Customs Houses.2. The Commissioner (Appeals) after considering the matters found as follows :- "15. I have carefully gone through the records of the case, the grounds taken in the appeal petition and also the submissions made during the course of personal hearing. 16. Th...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-23-2002
Reported in : AIR2002Raj245; 2002(2)WLC495
Shiv Kumar Sharma, J.1. A university campus is the one place where virtues of discipline andnon-violence should be written as with a sunbeam on every student's mind but now a days many indisclplined students are seen wandering in the campus who are well qualified to adopt the words of KONARD LORENZ, the Nobel prize winning naturalist, 'I believe I have found the missing link between animals and civilized man -- it is we'. The facts of the instant writ petition disclose an act of high degree indiscipline of a student leader who allegedly gave a slap on the face of the Principal of his College.2. As per facts averred in the writ petition, the petitioner while studying as a regular student in Second Year, Faculty of Arts, in Rajasthan College Jaipur was elected as President of the Union in the year 2000-2001. As a student leader he protested various actions of the college authorities, and because of this they were annoyed with him. The Principal of Rajasthan College lodged an FIR against ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-23-2002
Reported in : 2002CriLJ3718
ORDERDipak Misra, J.1. The petitioners, namely, Sushil Kumar, s/o Shri Chand Mal and Sunil Kumar, s/o Shri Pal have approached this Court for issue of a writ of certiorari for quashment of the order dated 10-4-2001 passed by the Probation Board under Prisoners' Release on Probation Rules, 1964 (herenafter referred to as 'the Rules') refusing to release them on licence and the confirmation thereof by the State Government by order dated 25-4-2001.2. I may at the outset state that the present writ petition has been filed by giving details with regard to the concept of liberty, human rights, divinity that dwells in human heart, rights of freedom and such other rights that are put on a pedestal. There is prolific reference to the saving of Wallace Strews, Mahatma Gandhi, the father of the nation and some eminent Judges to build the foundation that the orders of rejection and confirmation thereof are sensitively suseptible and cannot stand scrutiny and deserve to be axed by this Court in exe...
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2002
Reported in : 2002IIIAD(Delhi)618; 2002CriLJ3393
Khan, J. 1. Petitioner complains that his daughter Bhagwati @ Lali was missing since 27.10.1999 and he suspected on Babu Afroz (R-6) to have taken her away. Though FIR No. 898/99 was registered under Section 363 but without any result. He now wants the investigation of this FIR to be handed over to CBI. 2. Counter filed on behalf of Respondents details out the steps taken by the police in the matter. It is submitted that accused Afroz was declared a proclaimed offender and a challan was presented against him which was pending. A raid was also conducted on one Zenual of Village Hasan Pur who had confirmed that Babu Afroz and Bhagwati @ Lali were living as husband and wife and working in Virat Nagar (Nepal) near Indo-Nepal Border. Efforts were on to locate the couple and to bring them to book. 3. In view of this, nothing survives in this petition which is dismissed. Respondents are, however, directed to take requisite follow-up action in the matter under law and to intimate the result to...
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