Court : Gujarat
Decided on : May-06-2002
Reported in : (2002)3GLR569
J.N. Bhatt, J.1. The challenge in this petition is against the order of the Central Administrative Tribunal, Ahmedabad Bench, dated 27-4-2000 in Original Application No. 616 of 1999 whereby the application claiming the right of appointment on compassionate ground of the petitioner after the death of his father came to be rejected.2. A relevant and material conspectus of facts leading to the rise of this petition may be highlighted at the outset :(i) The father of the petitioner who was serving in Railway expired on 9-1-1985, while in service. (ii) At the time of death of father of the petitioner, the petitioner was minor as his birth date has been 11-4-1976. (iii) The petitioner attained the age of majority upon completion of 18 years, and immediately thereafter, an application for appointment on compassionate ground was filed by him on 19-7-1995. (iv) The petitioner had also personally visited the office of the D.R.M. of Railway Authority and had submitted another application on 8-10-...
Tag this Judgment!Court : Rajasthan
Decided on : May-07-2002
Reported in : [2003(97)FLR696]; RLW2003(2)Raj1080; 2002(3)WLC546
Bansal, J.1. This appeal is directed against the judgment dated April 21, 1995 passed by the learned Additional Sessions Judge, Sikar whereby the appellant-Nisar has been convicted for offence Under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 1,000/-, in default of payment of fine to further undergo one year rigorous imprisonment. He has also been convicted for offence under Section 324 IPC and sentenced to undergo imprisonment for two years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo six months rigorous imprisonment. Both the sentences were ordered to run concurrently.2. The brief facts of the prosecution case are that on receiving telephonic message on the interviewing night of September 18/19, 1994, PW-14 Samudra Singh, SHO, P.S., Fatehpur reached at the house of the appellant situated in Ward No. 28, Fatehpur and recorded the statement of Ms. Jannat (PW-1) D/o Babu Khan S/o the appellant- Nis...
Tag this Judgment!Court : Delhi
Decided on : May-08-2002
Reported in : 2002VAD(Delhi)699; 98(2002)DLT364; 2002(63)DRJ538; 2002(84)ECC193
K.S. Gupta, J.1. This appeal is directed against the judgment dated 13th March, 2001 and order dated 15th March 2001 of an Additional Sessions Judge convicting the appellant-accused under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the 'Act') and sentencing him to undergo RI for 10 years and pay a fine of Rs. 1 lac.2. Case of the prosecution, in brief, is that on 16th August, 1999 around 2.15 PM ASI Chander Pal Singh, PW-9 Along with HCs Om Prakash, PW-7, Harpal Singh and Const. Rajvir Singh were present in connection with patrolling at E.E. Block Bus Stand, Outer Ring Road and there PW-9 received secret information that a person by the name of Rameshwar having heroin, would go to Maksudpur village via Maksudpur chowk. PW-9 organized a raiding party consisting of said police officials with him. PW-4 Sher Singh from public who agreed to join raid, was also included in raiding party. Nakabandi was made near Maksudpur chowk. Appellant reached Maksudpur ...
Tag this Judgment!Court : Allahabad
Decided on : May-14-2002
Reported in : 2002CriLJ3671
Imtiyaz Murtaza, J.1. The present appeal has been filed against the judgment and order dated 30-7-2001 passed by X Addl. Sessions Judge, Aligarh in Session Trial No. 1193 of 1999 whereby the appellant is convicted under Section 364 I.P.C. and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 5000/-; under Section 376(2) I.P.C. and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 5000/-; under Section 201 I.P.C. and sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs. 5.000/- and under Section 302 IPC and sentenced to death.2. The brief facts of the case are that complainant Bijendra Singh resides in front of P.A. Batalian in mohalla Sukhrawali police station Quarsi district Aligarh along with his family. One constable Subhash Singh of 45 Batalian comes to his house to take milk. On 29-1-1998 at about 9.00 a.m. Subhash along with Bijendra Singh Solanki constable of the same Batalian came to his house. The complainant...
Tag this Judgment!Court : Allahabad
Decided on : May-15-2002
Reported in : 2002(3)AWC2271; (2002)2UPLBEC1720
G.P. Mathur, J. 1. This writ petition under Article 226 of the Constitution has been filed by 175 students of Smt. Harpyari Devi Inter College, Rohai, district Hathras (Mahamaya Nagar) praying that a direction be issued to Madhyamik Shiksha Parishad, U. P. (Board of High School and Intermediate Education, Allahabad) to allot roll numbers to them and to permit them to appear in the High School examination which was scheduled to commence on 18.3.2002. 2. There is an institution known as Smt. Harpyari Devi Inter College, Rohai, district Hathras (Mahamaya Nagar) (hereinafter referred to as theinstitution), which is recognised by the Board of High School and Intermediate Education, U. P., Allahabad (hereinafter referred to as the Board) in accordance with U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The institution, however, does riot receive grant-in-aid from the State Government. The writ petitioners claim that they are regular students of High School class...
Tag this Judgment!Court : Delhi
Decided on : May-17-2002
Reported in : 98(2002)DLT348; 2003(66)DRJ38
S.L. Agarwal, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), petitioner is seeking quashing of the complaint (Kalandra), under Section 103 of the Delhi Police Act, (for short, 'D.P.Act'), and the proceedings thereon pending trial in the court of ACMM, Delhi.2. The allegations in brief, are that Anti-kidnapping cell of the Police received information that the petitioner, who is working as a beldar (labourer), in the MCD, has been indulging in illegal activities of bringing arms and drugs from the Nepal border; and that some cash and other articles are lying burred in his jhuggi at Vijay Nagar. The information was recorded vide DD No. 7 dated 10.7.97 at P.S. R.K. Puram and was also brought to the notice of Senior Officers. The police visited the jhuggi but it was found locked. The report was kept pending. On 11.7.97 at 6:30 a.m. the police again received information that the petitioner was available at jhuggi. The police party proce...
Tag this Judgment!Court : Patna
Decided on : May-24-2002
B.N.P. Singh, J.1. While only mother and her son were in the house, it is alleged that in the intervening night of 2nd/3rd April, 1984, miscreants, having scaled over roof of house with help of bamboos, gained their access in the inner apartment of the house and coercing the house inmates, removed wearing apparel, ornaments and cash and decamped with the booty. It was alleged that when Lal Babu having identified one of them, raised alarm, shouting for help, Kesho Ahir shot him dead and with these accusations, fardbeyan of mother of the deceased was recorded by Shri M.P. Sharma, Sub-Inspector of police of Sonbarsa Police Station at 8.30 a.m. on 3rd March, 1984, pursuant to which first information report was drawn up. The police came in action, collected evidences, recorded statement of witnesses, visited the place of occurrence, sent the dead body to mortuary for post mortem examination, and having received post mortem report, concluded investigation and laid charge sheet before the Co...
Tag this Judgment!Court : Sikkim
Decided on : May-28-2002
Reported in : 2004CriLJ4416
Ripusudan Dayal, C.J. 1. All these appeals challenge the Judgment and Order of the learned Sessions Judge, East & North, Sikkim at Gangtok convicting them under Sections 366 and 376 read with Section 34 of Indian Penal Code and sentencing each of them under Section 376 with rigorous imprisonment for a period of 10 years and a fine of Rs. 2000/- and in default of payment of fine to undergo further rigorous imprisonment for six months and under Section 366 of Indian Penal Code to undergo rigorous imprisonment for 4 years and a fine of Rs. 1000/- and in case of default of payment of fine to undergo further rigorous imprisonment for six months. Substantive sentences of imprisonment were directed-to run concurrently. 2. All the appellants and one Sukbir Tamang are taxi drivers and stood trial before the Sessions Judge in Criminal Case No. 15 of 1998. However, before the case could be decided by the learned Sessions Judge, Sukbir Tamang absconded. The victim is Ms. Luki Subba who is a reside...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-31-2002
Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1
Srikrishna, J. 1. Leave granted. 2. These appeals by special leave arise out of the judgment of the Division Bench of Delhi High Court allowing Civil Writ Petition (PIL) No. 5646/2000 and Civil Writ Petition No. 2802/2000. The High Court by its judgment impugned in these appeals quashed and set aside the circular No.789 dated 13.4.2000 issued by the Central Board of Direct Taxes (hereinafter referred to as 'CBDT') by which certain instructions were given to the Chief Commissioners/Directors General of Income-tax with regard to the assessment of cases in which the Indo - Mauritius Double Taxation Avoidance Convention, 1983 (hereinafter referred to as 'DTAC') applied. The High Court accepted the contention before it that the said circular is ultra vires the provisions of Section 90 and Section 119 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') and also otherwise bad and illegal. 3. It would be necessary to recount some salient facts in order to appreciate the plethora...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jaipur
Decided on : Jun-03-2002
Reported in : (2003)(2)SLJ1CAT
1. The applicant, who was one of the senior members of Rajasthan Administrative Service (RAS, for short), was selected for appointment on promotion to Indian Administrative Service (IAS, for short) by the Selection Committee which held its meeting at Jaipur on 23.01.95. He is aggrieved on account of the denial by the respondents to promote him and the inaction exhibited by them in his matter. The applicant has, therefore, approached this Tribunal by means of the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, claiming the relief that the circular No. 14015/54/95-AIS(I) dated 12thJanuary, 1996, issued by the Department of Personnel and Training, Government of India, be quashed as being against the statutory provisions and the respondent No. 2, State of Rajasthan, be directed to appoint him in IAS from the select-list dated 23.01.95, hereinafter referred to as 1995 select-list.2. The promotion of the members of the State Civil Service to IAS is governed by the p...
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