Court : Supreme Court of India
Mukundakam Sharma, J.INTRODUCTION1. This matter concerns an assortment of questions regarding the interpretation and constitutionality of certain provisions of the Maharashtra Control of Organized Crime Act, 1999 and as such calls for our utmost attention, particularly in view of the fact that, this legislation, although widely used for maintaining law and order, has also generated some controversy alleging its sweeping powers.2. Since its enactment in 1999, it has found favour with the law enforcement officials and has been enthusiastically applied wherever possible by the law enforcement agencies and the concerned Government.3. These three appeals have been filed by the appellants herein to assail the common judgment and order dated 19.07.2007 rendered by the High Court of Judicature at Bombay in Writ Petition No. 1136 of 2007, whereby the High Court dismissed the Writ Petition filed by the appellants herein.4. The appellants herein challenged before the High Court of Bombay, the con...
Tag this Judgment!Court : Sikkim
BARIN GHOSH, C. J. (1.) Homicide of Dawa Tamang was reported by a First Information Report. Accordingly, Sadar Police Station case was registered under Section 302, IPC against unknown persons. In course of investigation, pursuant to the said First Information Report, led to arrests, search and seizures. On completion of investigation, charge-sheet was filed against the appellant and against one Kishore Thapa. The appellant was the first accused and Kishore Thapa was the second. On the basis of the charge- sheet and supporting materials charges were framed against both the accused persons under Section 450 read with Section 34, Section 302 read with Section 34 and Section 380 read with Section 34 of IPC. In order to prove its case prosecution examined as many as 19 witnesses and produced many exhibits. (2.) The trend of the evidence thus produced suggests that the deceased was in disturbed mind before his homicide. In course of a conversation with P.W. 5, which took place 7-8 days befo...
Tag this Judgment!Court : Kolkata
Pranab Kumar Chattopadhyay, J.1. The appellant herein was appointed in Samsi College, Malda as Lecturer in Sanskrit pursuant to the appointment letter dated 16th July, 2008 and till date serving the said college as Lecturer.2. In response to the advertisement No. 1/2007 issued by the West Bengal College Service Commission, appellant herein submitted application in prescribed form and manner for recommendation to the post of Lecturer in Sanskrit. Along with the said application form, appellant also submitted her bio-data. In the said bio-data, appellant did not correctly mention the percentage of marks obtained by her in the Higher Secondary Examination.3. However, it is not in dispute that the appellant is the holder of Master's Degree in Sanskrit and has also obtained Ph.D. Degree in the said subject.4. The appellant herein undisputedly, fulfilled all the conditions as per the advertisement issued by the West Bengal College Service Commission and, therefore, she was asked to appear at...
Tag this Judgment!Court : Patna
Reported in : 2010(58)BLJR172
Shiva Kirti Singh, J.The appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing No. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal. Considering all the evidence and materials, the State Election Commissioner by order dated 25-5-2007, passed in exercise of power under Section 136(i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the 'Act') disqualified the writ petitioner/appellant from holding the post of Mukhia. The said post w...
Tag this Judgment!Court : Patna
Shiva Kirti Singh, J.1. The appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing No. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal.. Considering all the evidence and materials, the State Election Commissioner by order dated 25-5-2007, passed in exercise of power under Section 136(i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the 'Act') disqualified the writ petitioner/appellant from holding the post of Mukhia. The said po...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC411
Deepak Gupta, J.1. This appeal by the State is directed against the judgment of the learned Sessions Judge, Kangra at Dharmshala, in Sessions Trial No. 5 of 1994 whereby he acquitted the accused of having committed an offence punishable under Section 376 IPC.2. The prosecution story in brief is that one Bimla Devi, who is a Nepali, was residing in a hut at Ghera near Gaj Project site alongwith her husband Man Bahadur. They had three children. One daughter, Lovely aged about 5 years, younger daughter (name withheld) aged about 2-1/2 years and son Veeru aged about one year. Both Bimla Devi and her husband worked as labourers in the Gaj Project. The respondent-Amin Chand, who was also a labourer, lived in another hut nearby. It is alleged that on 28.11.1993 at about 4.30 p.m. Bimla Devi and her husband were sitting in their hut. Their children were playing in the hut of the accused. Bimla Devi heard the cries of her younger daughter. She rushed towards the hut of the accused. When she rea...
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ3816; 2009(4)MhLj483:2009(5)AIRKarR407
Swatanter Kumar, C.J.1. The dictum of the Supreme Court in the case of Honda Siel Power Products Ltd. v. CIT (2007) (12) SCC 596, that 'rule of precedent is an important aspect of legal certainty in the rule of law', is a principle of great significance in the system of administration of justice. One of the essential rudiments of law of precedent is consistency in the judicial decision making. The doctrine of precedent has been understood in two respects. Firstly, that the phrase means merely that precedents reported, may be cited, or may be followed by the Courts. Secondly, the strict meaning of the phrase is that precedent not only have great authority but must in certain circumstances be followed. By the development of law, the doctrine of precedent in India has been given strict meaning subject to its limitations and the law stated by the co-ordinate benches of the higher Court is expected to be followed with all its rigours but certainly subject to the rule of law and satisfying t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC203
Surinder Singh, J.1. The appellant has challenged the judgment of conviction and sentence passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly possessing 1.700 Kgs. of charas which contained 37.09% of resin, which is a constituent of charas and that comes to 640 gms. in the recovered quantity. Thus, the trial Court convicted and sentenced the appellant under Section 20(b)(ii)(B) of the Act to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 25,000/- and in default of making payment of fine, the appellant was further ordered to undergo simple imprisonment for a period of four months, which has been challenged in this appeal. 2. In short, the prosecution case is that on 29.10.2006 PW-6, Sub Inspector, Ram Karan was on patrolling duty alongwith other police officials in Banjar area. At about 2.30 p.m. when the police party reached one K.M. from Sidhwan, they noted t...
Tag this Judgment!Court : Mumbai
Reported in : 2010CriLJ327
N.A. Britto, J.1. This appeal is by the accused, who has been convicted and sentenced under Section 20(b)(ii)(C) of the NDPS Act, 1985 for having been found in possession of 4.85 kgs of charas on 6/03/2007 at 14.05 hrs. near the road junction leading to Club Cubana at Arpora, Bardez-Goa.2. The case of the accused was one of denial simpliciter, though in the cross-examination of the witnesses examined by the prosecution, it was suggested that the accused was arrested from a party which was going on at Carona, Aldona, in connection with holi celebrations.3. The prosecution had examined 6 witnesses including the police inspector Shri Dias, who had conducted the raid, based on a prior information. After considering the evidence produced by the prosecution, the learned Special Judge came to the conclusion that the prosecution had proved, on the basis of oral as well as contemporaneous documentary evidence, that the accused was found at that place in possession of suspected drugs which were ...
Tag this Judgment!Court : Guwahati
A. Hazarika, J.1. The legality of the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Dhubri in Sessions Case No. 85 of 1992 has been questioned in the instant appeal whereby and whereunder the appellant herein was convicted under Section 302 of the Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprisonment (RI for short) for life and fine of Rs. 25,000/- (Rupees Twenty Five thousand) only, in default, RI for another three years with a further direction that on realization of fine, Rs. 10,000/- (Rupees Ten Thousand) only each may be given to the parents of the victims as compensation.2. Before answering the legal issues raised by the learned Counsel appearing for the parties, it would be appropriate to narrate the brief facts whereunder the prosecution was launched against the accused appellants:On the fateful day of 17-7-89, at about 3 to 3,30 p.m., Ms. Gita Basumatary, daughter of Somen Basumatary (PW-1) and Ms. Urmila Basum...
Tag this Judgment!