Court : Delhi
1. Whether Reporters of local papers may be allowed to see the order? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in Digest? Yes ORDERIntroduction1. Stating that he is a citizen of India and a resident of Nandu Gaon, Harrboty, Poklok, Kamrang, South Sikkim and an educated farmer, the Petitioner has filed this writ petition for a direction to the Union of Indian in the Ministry of Home Affairs (MHA) to decide a complaint made by him on 9th June 2008 against Respondent No. 3, Shri Pawan Kumar Chamling, who is at present the Chief Minister of Sikkim.2. Although a further prayer is for a declaration that Respondent No. 3 "has ceased to be a citizen of India and disqualified to hold any constitutional post", Ms. Pinky Anand, learned Senior counsel appearing for the Petitioner, at the outset stated that the Petitioner does not press that prayer. He confines his prayer to a direction to the MHA to decide his complaint dated 9th June 2008.3. Earli...
Tag this Judgment!Court : Himachal Pradesh
1. Heard and gone through the record. The present appeal by the State has been directed against the acquittal of the respondent passed by the learned Trial Court on 8.1.2001 in Sessions Case No.95/2 of of 2000, for the offence punishable under Sections 457, 380 read with Section 34, 414 and 411 of the Indian Penal Code. 2. In short, prosecution story, is that during the intervening night of 13/14.5.2000, complainant Ram Dass Panwar, was away from his residence along with his family to his native place. On 14.5.2000, Ramesh Kumar, a friend of the complainant informed him that when he visited his residence at Boileauganj and found that his house was lying open. He also informed the police. Complainant reached the spot. His statement was recorded by the police under Section 154 of the Code of Criminal Procedure. The complainant along with the police entered his residential room and found jewellery of his wife, missing from the almirah along with cash to the tune of `15,000/-. 5 gold plate...
Tag this Judgment!Court : Patna
1. Sessions Trial No. 328 of 2006 and Sessions Trial No. 16 of 2009, arising out of Sikandara (chandradeep) P.S. case No. 42 of 2006 were conducted analogous by Sessions Judge, Jamui, framining charge against all accused under Section 302/34 of the Indian Penal Code. The trial Court by judgment and order dated 17.4.2010 has convicted all accused- appellants under Section 302/34 of the Indian Penal Code. Appellants Surendra Yadav alias Shailendra Prasad and Preman Yadav were awarded sentence of death and directed to be hanged by their neck till they are dead. But other appellants have been sentenced R.I. for life and fine of Rs.50,000/- and in default of payment of fine S.I. for six months. The District and Sessions Judge, Jamui had made reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, as such Death Reference and criminal appeals were heard analogous and being decided by a common judgment.2. Nepali Yadav is the informant of Sikandara (Cha...
Tag this Judgment!Court : Patna
1. Sessions Trial No. 328 of 2006 and Sessions Trial No. 16 of 2009, arising out of Sikandara (chandradeep) P.S. case No. 42 of 2006 were conducted analogous by Sessions Judge, Jamui, framining charge against all accused under Section 302/34 of the Indian Penal Code. The trial Court by judgment and order dated 17.4.2010 has convicted all accused- appellants under Section 302/34 of the Indian Penal Code. Appellants Surendra Yadav alias Shailendra Prasad and Preman Yadav were awarded sentence of death and directed to be hanged by their neck till they are dead. But other appellants have been sentenced R.I. for life and fine of Rs.50,000/- and in default of payment of fine S.I. for six months. The District and Sessions Judge, Jamui had made reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, as such Death Reference and criminal appeals were heard analogous and being decided by a common judgment.2. Nepali Yadav is the informant of Sikandara (Cha...
Tag this Judgment!Court : Allahabad
1. Heard learned counsel for the appellant and learned A. G. A. for the State. 2. This appeal has been filed by the appellant, Ramjan against the judgement and order dated 13.1.2010 passed by Additional Sessions Judge, F. T. C. No. 1, Siddhartha Nagar convicting the appellant under Section 20 (b) (ii) ( C ) of N. D. P. S. Act, 1985 and sentencing him to undergo 10 years' R. I. and fine of Rs. 1,00000/- (One Lac Only) and in default of payment of fine further R. I. of two years. 3. Prosecution case in brief is that on 7.11.2008 Sub-Inspector, Imanwal Singh received information from Mukhbir Khas that one person was brining Nepali Charas from Krishna Nagar Bazar, Nepal to Barhni Bazar, India, whereupon Sub-Inspector, Imanwal Singh along with Lans Nayak No. 8657229 Hardev Singh and No. 050333501 Guard Sunil Kumar, B. Company Barhni Headquarter, Gorakhpur reached Barhni Bazar where 8847378 Nayak Mahesh Prabhar and 070091511 Guard Ashok Ghosh were already on duty in Lane No. 2 Barhni Bazar. ...
Tag this Judgment!Court : Mumbai
1. Both these Appeals arise from the order of conviction and sentence passed on 25th July, 2000 in Sessions Case No.526 of 1997. By the said order all the accused came to be acquittd under Section 120B of the I.P.C., and accused No.1-Arun Ananda Londhe, accused No.2-Vijay Ramchandra Thopate and accused No.6-Ganpat Bhikaji Bamane have been convicted for the offences punishable under Sections 143 and 147 of I.P.C., accused Nos.2 and 6 have been convicted for the offences punishable under Sections 144, 148 and 302 of I.P.C., accused No.6 has been convicted for the offence punishable under Section 307 of I.P.C., accused No.1 has been convicted for the offence punishable under Section 302 read with Section 34 of I.P.C. Accused Nos. 1 and 2 are convicted for the offence punishable under Section 307 read with Section 34 of I.P.C., accused Nos. 2 and 6 are convicted for the offence punishable under Section 27 of the Arms Act, accused No.1 is acquitted for the offence punishable under Section 2...
Tag this Judgment!Court : Mumbai
1. Both these Appeals arise from the order of conviction and sentence passed on 25th July, 2000 in Sessions Case No.526 of 1997. By the said order all the accused came to be acquittd under Section 120B of the I.P.C., and accused No.1-Arun Ananda Londhe, accused No.2-Vijay Ramchandra Thopate and accused No.6-Ganpat Bhikaji Bamane have been convicted for the offences punishable under Sections 143 and 147 of I.P.C., accused Nos.2 and 6 have been convicted for the offences punishable under Sections 144, 148 and 302 of I.P.C., accused No.6 has been convicted for the offence punishable under Section 307 of I.P.C., accused No.1 has been convicted for the offence punishable under Section 302 read with Section 34 of I.P.C. Accused Nos. 1 and 2 are convicted for the offence punishable under Section 307 read with Section 34 of I.P.C., accused Nos. 2 and 6 are convicted for the offence punishable under Section 27 of the Arms Act, accused No.1 is acquitted for the offence punishable under Section 2...
Tag this Judgment!Court : Allahabad
1.Present first appeal from order, under Section 130 of Customs Act, 1962 (in short the Act), has been preferred against the impugned order dated 5.4.2005, passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Mumbai in Appeal No.C/1185/04 (Sonam International v. Commissioner of Customs Lucknow). 2.We have heard Sri Rajesh Singh Chauhan learned counsel for the appellant and Sri Naveen Mullick on behalf of respondent as well as perused record. Facts of the case:- 3.Directorate of Revenue Intelligence, (in short DRI) Lucknow, received information that respondent M/s. Sonam International, Shop No.9,B-Wing, Devki Nagar, Eksar Road, Borivali (West), Mumbai-400103, is involved in illicit import of third Country Origin Vitamin E powder by misdeclaring as poultry feed supplement in the Bill of Entry from Nepal into India. The Supplier at Nepal M/s. Anivet Industries, Birganj, Nepal, through the Land Customs Station, Sonauli on the Indo-Nepal Border in the State ...
Tag this Judgment!Court : Mumbai
1 These appeals arise from the judgment and order dated 28/03/1990 rendered by the learned Vth Additional Sessions Judge, at Pune in Sessions Case No. 338 of 1987. In all 3 accused came to be tried in the said case for the offences punishable under Sections 302, 201 and 202 read with Section 34 of the Indian Penal Code (IPC).2 By the impugned judgment and order, the learned Additional Sessions Judge, Pune acquitted accused nos.2 and 3 from all the charges and therefore, Criminal Appeal No. 399 of 1990 by the State of Maharashtra against the said order of acquittal. Accused no.1 came to be convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer life imprisonment. Hence, he has filed Criminal Appeal No. 320 of 1990 against the said order of conviction and sentence. He was released on bail by this Court on 18/06/1990, pending his appeal. 3 As per the prosecution case accused no.2 Yusuf Ismail Shaikh was a tailor by profession and the husband of accused no...
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
1. This appeal has been preferred by the appellant against the Summary Court Martial (SCM) proceedings of 3.1.2007, wherein the respondents illegally sentenced him to be dismissed from service against the well settled principles and provisions of law. The appellant seeks to be reinstated from service with all consequential benefits. 2. The appellant was enrolled in 1988 as a Nursing Assistant in the Army Medical Corps and had served almost 19 years before his dismissal, thereby denying him the fruits of his dedicated and diligent service of almost two decades. The trade of Nursing Assistant is a most sought-after trade and entails good education, nursing and intelligence and a person has to be specially selected for this trade. All along, the appellant has been performing his duties to the best of his abilities and to the satisfaction of his superior officers in all areas, even in difficult border areas. He has done this despite being a Low Medical Category (LMC) P II since 1999 for Pr...
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