Court : Delhi
Decided on : Jul-24-2008
Reported in : [2009]149CompCas402(Delhi)
Mukul Mudgal, J.1. This writ petition challenges the order dated 4th February 2002 passed by the Appellate Authority for Industrial and Financial Reconstruction (hereinafter referred to as 'the AAIFR') wherein while dismissing the appeal filed by the petitioner M/s. Madras Petrochem Ltd. and Anr. it was held that the Board for Industrial and Financial Reconstruction (hereinafter referred to as 'the BIFR') had made all efforts to secure the rehabilitation of the petitioner company and the scheme sanctioned in 1991 and 1996 had failed. It was concluded by the AAIFR that the petitioner is heavily indebted and there was no possibility of rehabilitating it. It was held that prolonged proceedings in SICA would no further serve any purpose and would serve the private interests of the guarantors. It is this order which is challenged in this writ petition. 2. Learned Counsel for the appellant has challenged the divesting of the jurisdiction of the BIFR and the AAIFR in these proceedings. The re...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-2008
Reported in : 2008(2)ALD(Cri)301; 2008(3)ALT(Cri)472; JT2008(8)SC411; 2008(10)SCALE536; 2008AIRSCW5578; 2008(3)Crimes141; 2008(4)LH(SC)2972
Arijit Pasayat, J.1. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court allowing the appeal filed by the State of U.P. questioning the judgment of acquittal passed by learned Additional Sessions Judge, Special Judge (E.C. Act), Mainpuri in Sessions Trial No. 169 of 1993. Two persons i.e. the present appellant and his wife Smt. Kapoori Devi were tried for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC') for the murder of one Jagat Singh (hereinafter referred to as the `deceased'). The trial Court directed acquittal of the appellant primarily on the ground that there was discrepancy between the ocular evidence and the medical evidence, independent witnesses were not examined. In appeal filed by the State, the High Court held that while the acquittal of Smt. Kapoori Devi (A-2) was correct, the same was not sustainable so far as the present appellant is concerned.2. Background facts in a n...
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2008
Reported in : 2008(5)ALLMR335; 2009(1)BomCR210; (2008)110BOMLR2571
Bilal Nazki, J.1. This Writ Petition has been filed by the wife and father-in-law of one Raghuram, who was a Leading Electrical Mechanic Aircraft Radio in the Air Electrical Department, and was attached to INS VIRAAT.2. According to the petition, said Raghuram had an exemplary service record with the Navy, and had not received any reprimand or punishment throughout his career. In the normal course, he would have retired in the year 2002. Earlier, he was posted in Goa, and on 1st November, 1998, he was transferred to Mumbai, and was allotted quarters for residence in Navy Nagar. On 8th November, 1998, Raghuram went for duty on INS VIRAAT. Said ship sailed on 9th November, 1998. Raghuram was on board when it sailed. According to the petition, when the ship reached Marmagao on 10th November, 1998, it docked there for a few hours, and then sailed again for exercises at high sea. The ship returned to Mumbai on 4th December, 1998. The petitioners did not receive any communication from Raghur...
Tag this Judgment!Court : Delhi
Decided on : Jul-25-2008
Reported in : 152(2008)DLT132; 2008(106)DRJ241
Vipin Sanghi, J.WP(C) No. 4584/2008Rule.CM No. 8838/20081. The petitioners viz. Delhi Sikh Gurudwara Management Committee (DSGMC), Shri Guru Tegh Bahadur Khalsa College, Shri Guru Nank Dev P.G. College, Shri Guru Gobind Singh College of Commerce, Mata Sundri College for Women have jointly filed this writ petition seeking a declaration that the aforesaid four colleges, namely, petitioner Nos. 2 to 5 which are being managed by the petitioner No. 1 DSGMC are Minority Educational Institutions (MEI for short) within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004 (NCMEI Act for short) and Section 2(f) of the Central Educational Institutions (Reservation in Admission) Act, 2006 (CEI (R and A) Act for short). They have also sought a declaration that the reservation policy of the Central Government for admission and recruitment of Other Backward Classes (OBCs) is not enforceable against petitioner Nos. 2 to 5. A direction is also sought th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-29-2008
Reported in : AIR2008MP319; 2009(2)MPHT19
Dipak Misra, J.1. In this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity the Act'), the assail is to the award dated 13-10-2001 passed by the Motor Accident Claims Tribunal, Tikamgarh (in short the tribunal') in MCC No. 18/1999.2. The claimants-appellants (hereinafter referred to the claimants') initiated an action under Section 166 of the Act for grant of compensation of Rs. 60,00,000/- for the death of Ramswarup and Dhiru who died in a vehicular accident which occurred on 10-4-1999 at 7 p.m. when the motorcycle being driven by Ramswarup was dashed by a mini-truck bearing registration No. MP-15/J-0568 at Nivari Sandri road being rashly and negligently driven by the respondent No. 2, as a consequence of which Ramswarup and his son Dhiru breathed their last on the spot. It was put forth before the tribunal that the deceased Ramswarup was earning Rs. 5,000/- per month and his son Dhiru was 15 years of age and prosecuting his study in class IX. The claiman...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-29-2008
Reported in : RLW2009(1)Raj382
Prakash Tatia, J.1. These three D.B. Criminal Appeals have been preferred to challenge the judgment and order dated 29.9.2004 passed by the learned Addl. Sessions Judge.Bali passed in Sessions Case No. 61/99 (39/02), by which the trial Court convicted the appellant Bhanwar Singh @ Chhatar Singh and Madho Singh under Section 302, IPC as well as under Section 302/120B, IPC, whereas convicted appellant Kishan Chand under Section 302/120B as well as under Section 302.115, IPC. The accused Kishan Chand has been acquitted of charge under Section 302/34, IPC. The accused Bhanwar Singh @ Chhatar Singh and Madho Singh have been sentenced to undergo life imprisonment under Section 302, IPC with fine of Rs. 20,000/- to each and in default thereof, to undergo sue months rigorous imprisonment. They have also been sentenced to undergo life imprisonment under Section 302/120B, IPC with fine of Rs. 5000/- and in default thereof, to undergo two months' rigorous imprisonment. Kishan Chand has been sente...
Tag this Judgment!Court : House of Lords
Decided on : Jul-30-2008
LORD HOPE OF CRAIGHEAD My Lords, 1. The question in this case is whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to remain there under English property law. But he claims that his removal would violate his rights under article 8 of the European Convention on Human Rights. The facts 2. The local authority, the respondent, is the freeholder of the site which is known as the Travellers’ Site, Tameside Drive, Castle Vale, Birmingham. The site comprises 16 concrete stands for caravans and four ablution blocks. The appellant was granted a licence by the respondent to station a caravan on plot 12 in September 1987. His licence was extended to include plot 14 in November 1998. He and his family had been resident on the site for about 17 years when on 4 March 2004 the ...
Tag this Judgment!Court : House of Lords
Decided on : Jul-30-2008
LORD HOFFMANN My Lords, 1. This appeal concerns the assessability for non-domestic rating of a group of buildings belonging to the Church of Jesus Christ of Latter-Day Saints (commonly known as the Mormon Church) in the Borough of Chorley in Lancashire. The largest and most imposing is the Temple, which stands 48m high and has 6306m2 of internal floor space on five floors. It is fully air conditioned and is fitted and finished both externally and internally to the highest standards. In addition, in proximity to the Temple, there are (i) the Stake Centre, a single storey building containing a space of 1227m2 divided by a moveable partition into a chapel and a multi-purpose hall, together with a number of small meeting rooms, an office and a baptistery (ii) the Missionary Training Centre, a three storey building containing class rooms, dormitory rooms, cafeteria and ancillary rooms, as well as the President’s flat, which is subject to council tax (iii) the Patrons’ Services B...
Tag this Judgment!Court : House of Lords
Decided on : Jul-30-2008
LORD HOFFMANN My Lords, 1. For the reasons given by Patten J and Collins LJ, as well as those of my noble and learned friends Lord Walker of Gestingthorpe and Lord Neuberger of Abbotsbury, I would allow this appeal. LORD SCOTT OF FOSCOTE My Lords, 2. This appeal raises a very short point of construction of section 18(2) of the Capital Allowances Act 1990. Since my opinion on the point differs from that of a majority of your Lordships it will suffice for me to explain the reasons for my dissent quite shortly. I am enabled to do so because I have had the advantage of reading in draft the opinions of my noble and learned friends Lord Walker of Gestingthorpe and Lord Neuberger of Abbotsbury, who, with my noble and learned friend Lord Hoffmann, constitute the majority, and can gratefully adopt their description of the facts and relevant statutory background. 3. The issue is whether the warehouse in which the respondent, Maco, stores the stock that it purchases from its Austrian parent, Maye...
Tag this Judgment!Court : House of Lords
Decided on : Jul-30-2008
LORD BINGHAM OF CORNHILL My Lords, 1. In these two appeals, heard together, there is a common underlying problem: if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances? 2. The two appeals arise on different facts and in a different way: (1) In the first (Van Colle) case the threat was made by a man known in the case as Daniel Brougham against Giles Van Colle (“Giles”) and culminated in the murder of Giles by Brougham. In the second (Smith) case, the threat was made against the respondent (Stephen Paul Smith) by his former partner (Gareth Jeffrey) and culminated in the infliction of serious injury on Mr Smith by Jeffrey. (2) In the Van Colle case the claimants are Giles’ parents, suing on behalf of his estate and on their own behalf. In the S...
Tag this Judgment!