Court : Allahabad
Decided on : Apr-16-2002
Reported in : 2002(2)AWC1611; (2002)3UPLBEC2181
Sunil Ambwani, J. 1. Petitioner Syed Haider All Naqvi has challenged order dated 3.7.1989 passed by the District Basic Shiksha Adhikari. Allahabad, terminating his services and order dated 2.2.1991 passed by the Secretary, Basic Shiksha Parishad dismissing his appeal.2. The facts, giving rise to the present writ petition, are stated as under ;'Petitioner was appointed as assistant teacher (Urdu) in a primary school in 1972. He was transferred to Newada from where he was sent and completed B.T.C. training in August, 1979. He was transferred to Primary School, Phoolpur in 1982 and was thereafter transferred back to Primary School, Newada, Block Bahariya district Allahabad. A writ petition was filed by him against the transfer order in which the order was stayed on 19.8.1982. He was again transferred on 11.10.1988 to Junior High School. Tharwai, Block Soraon, district Allahabad and thereafter to Primary School. Lotar, Block Meja, district Allahabad by order of the District Basic Education...
Tag this Judgment!Court : Karnataka
Decided on : Apr-17-2002
Reported in : 2003(1)ALT(Cri)109; ILR2002KAR2550; 2002(4)KarLJ54
Kumar Rajaratnam, J.1. The accused being aggrieved by the judgment and order passed by the Trial Court in S.C. No. 135 of 1993 in convicting the accused for an offence under Section 302 of the IPC has preferred this appeal.2. The accused was convicted under Section 302 of the IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo two months simple imprisonment.3. The accused is alleged to have murdered his sister Sangeeta on 12-3-1992 at about 3 p.m. The accused inflicted knife injuries on the deceased as a result of which the deceased succumbed to the injuries.4. The tragedy unfolds thus.5. P.W, 1 is the husband of the deceased. He had a house situated in Shahunagar locality, Kangrali B.K. He was living with his wife, the deceased, and children which included a child, witness, P.W. 2. The deceased and her husband were living in the 1st floor of the said building. The accused was living in the other room in the same building.6. The accused was...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-2002
Reported in : RLW2003(2)Raj1048; 2002(3)WLC408; 2003(1)WLN207
Sharma, J.1. The appellant, a security guard, was indicated before the learned Special SC & ST (Prevention of Attrocity Cases) Ajmer in Sessions Case No. 20/95 (171/1994) for having committed murder of Head Constable Ganpat Paswan and Constable Ahmed Ali. The learned trial Judge vide judgment dated May 20, 1997 convicted the appellant under Sections 302 and 307 IPC and sentenced him in each of the section to undergo imprisonment of life and fine of Rs. 1000/- in default to further suffer six months Rigorous imprisonment. The sentences were directed to run concurrently. In the instant appeal the appellant has assailed the aforesaid finding of the learned trial Judge.2. On the Tower Posts that have been constructed all round the Central Jail Ajmer, the CRPF deploys its security guards to keep 24 hours vigil on the inmates of the Jail. On the fateful day of June 30, 1994 Head Constable Ganpat Paswan and constable Ahmed Ali, after discharging their security duties were steeping on their re...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-23-2002
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency - 535 U.S. 302 (2002) OCTOBER TERM, 2001 Syllabus TAHOE-SIERRA PRESERVATION COUNCIL, INC., ET AL. v. TAHOE REGIONAL PLANNING AGENCY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 00-1167. Argued January 7, 2002-Decided April 23, 2002 Respondent Tahoe Regional Planning Agency (TRPA) imposed two moratoria, totaling 32 months, on development in the Lake Tahoe Basin while formulating a comprehensive land-use plan for the area. Petitioners, real estate owners affected by the moratoria and an association representing such owners, filed parallel suits, later consolidated, claiming that TRPA's actions constituted a taking of their property without just compensation. The District Court found that TRPA had not effected a "partial taking" under the analysis set out in Penn Central Transp. Co. v. New York City, 438 U. S. 104 ; however, it concluded that the moratoria did const...
Tag this Judgment!Court : Mumbai
Decided on : Apr-23-2002
Reported in : 2003(2)ALD(Cri)37; 2002BomCR(Cri)708; 2002(4)MhLj266
D.B. Bhosale, J. 1. The four appellants/original accused Nos. 2 to 5 in three connected Appeals and Suo Motu Application No. 1 of 1998, viz. (1) Rajesh Namdeo Mhatre, (2) Dilip Mahadeo Surve, (3) Ashok Prafulla Naik, and (4) Chandrakant Ganpat Patre, were convicted by the Addl. Sessions Judge, Greater Bombay, in Sessions Case No. 860 of 1994. The appellants were originally charged and tried for the offences under Sections 376(2)(g), 341 read with Section 34, Section 506 read with Section 34 and Section 366 read withSection 34 of the Indian Penal Code along with three other accused, viz. original accused Nos. 1, 6 and 7, who were acquitted of all the aforesaid offences. The appellants alleged to have committed rape on Suman Bhimrao Banpate during the intervening night of 22nd August, 1993 and 23rd August, 1993 between 12.15 a.m. and 2.30 a.m. on the terrace of the building at Koyana colony situate within the jurisdiction of R.C.F. Police Station.2. The appellants were sentenced to under...
Tag this Judgment!Court : Delhi
Decided on : Apr-30-2002
Reported in : 2002(63)DRJ604; [2004]138STC264(Delhi)
S.B. Sinha, C.J.1. Legality and validity of a circular issued by the Commissioner of Sales Tax dated 8th March 2000 is in question in this writ petition. The basic fact of the matter is not in dispute. The petitioner has been carrying on business in the manufacture and sale of master batches. It is contended that the said item is a raw material used in the plastic industry for manufacture of plastic goods. Whenever plastic goods are manufactured which are required to be coloured, master batches which is a viable and convenient raw material is used as coloring agent.2. On or about 1st April 1998, a notification was issued by the Lt. Governor in terms whereof 3% tax was levied on taxable turnover on plastic material. The table prescribing First Point Taxable Goods was also amended by a notification of the same date in terms whereof plastic raw material became liable to tax at first point. The petitioner filed a return and the Sales Tax Officer accepted the contention of the petitioner th...
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-2002
Reported in : (2003)4GLR154
R.K. Abichandani, Adv.1. These Letters Patent Appeals have been directed against the common judgment and Order dated 1st August 1989 passed by the learned Single Judge in a group of petitions in which the petitioners had challenged the Orders of their dismissal from service passed by the respondent Surat Municipal Corporation and the decision of the Standing Committee confirming the orders. Special Civil Application No. 7110 of 1997 was filed by the Surat Municipal Employees (Staff) Union and the other petitions were filed by individual employees amongst the members of the said Union.2. Due to the outbreak of pneumonic plague in the city of Surat, the Municipal Commissioner, after getting appropriate sanction from the State Government to take special measures, gave a call through public notices to the employees of the Municipal Corporation to report for work in view of the emergency situation created by the dangerous disease and issued a warning that defaulters will be dismissed. Some ...
Tag this Judgment!Court : Chhattisgarh
Decided on : May-02-2002
Reported in : 2003(1)MPHT33(CG)
ORDERFakhruddin, J.1. The petitioner who is an Advocate has filed this petition styling as Public Interest Litigation. He is a social worker as well. It is submitted that he has deep and extreme feelings towards preservation of the air, water and the natural environments.2. The reliefs claimed are in Paragraph 7 of the petition, which are as under:--(i) To issue a direction to the respondents not to lease out the tanks (talab) having Nistar rights for the fishery purposes to the contractors. (ii) For declaring all the tanks for Nistar purposes which were reserved and declared by the respondents for Nistar in the year 1954 during preparation of Bandobust and Nistar Patrak. (iii) To issue a direction or any other writ to the respondents to prepare a list of tanks, having rights of Nistar, which were available in 1954 and now available in 2002. (iv) To issue a writ to the respondents to make proper programme for protection and improvement of natural environment including forests, tanks, l...
Tag this Judgment!Court : Delhi
Decided on : May-03-2002
Reported in : AIR2002Delhi440
Dr. Mukundakam Sharma, J.1. As the facts and the issues that arise for our consideration in these writ petitions are similar, we propose to take up all these writ petitions together and dispose of the same by thiscommon judgment and order.CW. 3412/97 This writ petition is filed by the petitioners by way of public interest litigation for a direction to respondent No. 1/Delhi University to take disciplinary action against all Full TimeLaw Teachers of the Delhi University, who are practicing in the courts and also praying for adirection to prohibit all Full Time Law Teachers of the Faculty of Law of the University of Delhi from carrying on legal practice/profession and also from appearing in the courts of law in any manner. The petitioner has also sought for a direction to the Delhi State Bar Council, respondent No. 3 to cancel the enrolment/license to practice given to Full Time Law Teachers.2. The petitioner No. 1 is an Advocate practicing in the High Court of Delhi and he has stated th...
Tag this Judgment!Court : Allahabad
Decided on : May-03-2002
Reported in : 2003CriLJ189
1. This is an appeal filed by four above named appellants against the judgment and order dated 30-5-1981 passed by the then 1st Addl. District & Sessions Judge, Saharanpur in Session Trial No. 413/79 convicting and sentencing all the appellants to imprisonment for life under Section 302 read with Section 34, IPC. The appellants have further been convicted and sentenced to three years R.I. each under Section 324 read with Section 34, IPC.2. The prosecution case in brief is that on 30-3-1979 Kunwarpal deceased of this case was assaulted by appellants Gandhi, Kunwarpal and their brothers Narendra and Jaihind as well as Bhushan-brother of accused Ramesh. A report of this incident was lodged by Kunwarpal deceased and a cross report was lodged by accused Ramesh against deceased Kunwarpal, Vikram and others. It is further alleged that in August 1976 accused Gandhi, Kunwarpal and others had assaulted Charan of Sukharatal leading to their prosecution in which accused Kunwarpal and others were c...
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