Court : Supreme Court of India
Reported in : AIR2009SC600; RLW2009(2)SC1364; 2008AIRSCW7744; 2008(6)LHSC4251
B.N. Agrawal, J.1. Criminal Appeal Nos. 949 and 838 of 2007 arise out of the impugned common judgment of conviction rendered by the High Court after reversing the order of acquittal passed by the trial court in Sessions Trial No. 379 / 1996, whereby, appellants Asif Mamu and Mukhtiyar Malik @ Javed, besides accused Rajiulla Khan and Sheru @ Sher Khan Nepali [in short 'Asif', Mukhtiyar', 'Rajiulla' and 'Sheru', respectively] were acquitted. Criminal Appeal No. 718 of 2007 arises out of the said common judgment of conviction passed by the High Court after reversing the separate judgment passed by trial court in Sessions Trial No. 383/96 acquitting eight accused persons, namely, Muzaffar Hussain @ Munne Painter, Mazhar Hussain [in short, 'Munne Painter' and 'Mazhar', respectively], Badshah, Sadiq, Sajid, Haseen @ Mohasin, Guddu Jadugar @ Mehtab @ Ganja [in short, 'Haseen' and 'Guddu', respectively] and Salim Kela. These two sessions cases were case and counter case, tried one after the ot...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(12)SCALE301; 2008AIRSCW6342; 2008(8)SCC660
ORDERLokeshwar Singh Panta, J.1. Leave granted.2. Challenge in this appeal by special leave is to the order dated 29.10.2007 passed by the High Court of Calcutta in C.R.M. Petition No. 11072/2007. By the impugned order, the High Court has rejected the application of the appellant for the grant of pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.3. Briefly stated, the facts of the case are that the appellant works as a Radio Jockey at New Delhi with the Radio Channel 'Red FM 93.5', a channel owned by Digital Radio (Delhi) Broadcasting Limited. During the course of regular morning show called 'Morning No. 1' [hereinafter referred to as `the Show'], that was broadcasted only in New Delhi from 7-11 a.m., on 24.09.2007, the appellant discussed one Mr. Prashant Tamang's victory in the Tele- Series called 'Indian Idol' telecasted on Sony Entertainment Television channel.4. On 25.09.1997, it came to the appellant's knowledge through media reports that sentiments of a c...
Tag this Judgment!Court : Kolkata
Reported in : (2008)IVCALLT5(HC)
Sailendra Prasad Talukdar, J.1. The backdrop of the present case is as follows:The writ petitioner submitted his application in prescribed manner in response to the advertisement No. 4/2007 dated 17th February, 2007 issued by the respondent No. 1 i.e. Public Service Commission, West Bengal. This was in connection with recruitment in West Bengal Judicial Service.2. He duly appeared in the earlier examination for selection in the said service. He was successful in the written examination and appeared in the personality test but unfortunately, could not make it.3. In his second attempt, he passed the preliminary test, appeared in the written examination and was called for personality test. At the time of his interview, which was held on 23rd November, 2007, he was given an impression that he was possibly not eligible to appear in such examination as he was in full time employment. Subsequently when the select list of candidates was published, he did not find his name therein.4. The petiti...
Tag this Judgment!Court : Patna
Ajay Kumar Tripathi, J.1. While exercising power under Section 136(2) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') vide order dated 22.2.2008 contained in annexure 10 the State Election Commissioner has disqualified the petitioner from holding the post of Mukhiya of Gram Panchayat Reodha in the district of Darbhanga. This order has been challenged therefore in the present writ application.2. Some basic facts are not under dispute. Petitioner's father is a Nepali resident as well as its citizen. The mother is alleged to be the woman of Indian origin married to petitioner's father. Subsequently after matrimony it is stated that she too acquired Nepali citizenship voluntarily. Petitioner after coming of age entered into a matrimony with one Mithilesh Prasad in the year, 1988. She was supposed to be of 18 years of age. Based on the matrimony and her residence her name was entered into the electoral roll of Jale Legislative Assembly. According to her, her nam...
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC4003
S.U. Khan, J.1. At the time of hearing no one appeared for the respondent hence only the arguments of learned standing Counsel for the State appellant were heard. This appeal Is directed against judgment, award and decree dated 18.11.1978 passed by 1st Additional District Judge, Varanasi in L.A. Reference No. 184 of 1975. For constructing All India Radio Studio Centre in Varanasi, property in dispute which was In the form of plot No. 209 area 2.54 acres alongwith building standing on a portion thereof was acquired.2. The property in dispute was popularly known as Nepali Kothi situate in Mahmoorganj which was within the limits of Municipal Corporation, Varanasi. Notification under Section 4 of Land Acquisition Act was published In the Gazette on 17.2.1973. Municipal number of the building was D63/6. Special Land Acquisition Officer determined the market value of land, constructions and trees separately. Total valuation determined was Rs. 3,45,274.54.3. 15% solatium was also awarded. In ...
Tag this Judgment!Court : Patna
Ajay K. Tripathi, J.1. By virtue of order dated 20-12-2006 contained in Annexure-4, the State Election Commissioner, while exercising power under Section 135(1) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) has disqualified the petitioner from the post of Mukhlya, Ballour Gram Panchayat in the District of Darbhanga on the ground that the petitioner was a Nepali citizen and therefore, is not entitled to occupy the elected office under question. Petitioner wants the impugned order, therefore, to be set aside in the present writ application.2. A complaint was filed by one Shri. Sunil Kumar Jha of Ballour Village on the ground that Shri. Narendra Narayan Das, the petitioner in the present writ application by making a false declaration had contested the election to the post of Mukhiya, even though, he is a resident of House No. 55 D.S.P. Road, Ward No. 3 of Viratnagar, Nepal and is a Nepalese citizen having citizenship No. 1177/031/32. Based on the said complain...
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN701
Girish Chandra Gupta, J.1. This appeal is directed against a judgement and order dated 24 March, 2004 passed by the learned Additional Sessions Judge, Fast Track Court, Alipurduar in Sessions Trial No. 26/03 arising out of Sessions Case No. 58/2003 convicting the appellant under Section 304(1) of the Indian Penal Code and sentencing him to suffer imprisonment for life and a fine of Rs. 5,000/-, in default, to suffer further imprisonment for one year.2. The prosecution version of the case briefly stated is as follows:On 14th June, 2002 at about 430 p.m. the victim Santosh accompanied by the de facto complainant Sankar Dorjee went to the ghoognee/chowmin shop in front of a video hall at Birpara Hut. All on a sudden the accused Bikram Dorjee appeared at the spot and stabbed the victim Santosh in his belly by a sharp knife. Other parts of the body were also stabbed. The de facto complainant out of fear ran away from the place of occurrence and informed the matter to the parents of the vict...
Tag this Judgment!Court : Delhi
Reported in : 149(2008)DLT205; 2008(101)DRJ283
Pradeep Nandrajog, J.1. Jaspal Singh was a contesting candidate for the election to the Delhi Legislative Assembly held in December 2003. He contested from Tilak Nagar Assembly Constituency (AC-14). Sudarshan Khatri claims to be a voter in the said Assembly Constituency. One S. Ranjit Singh son of late Gopal Singh R/o 20B/78A, Tilak Nagar, New Delhi had filed a nomination paper to contest the ensuing elections from said Assembly Constituency. Vide order dated 15.11.2003 the returning officer rejected the nomination paper filed by S. Ranjit Singh by passing the following order:I have examined the nomination paper in accordance with Section 36 of The Representation of the People Act, 1951 and decided as follows:Nomination paper examined with its enclosures and following deficiencies noted:(i) Affidavit as prescribed by ECI not complete and not attested by Notary on all the pages and verification also unattested. (ii) In affidavit on form 26, candidate did not declare in para 2 whether he...
Tag this Judgment!Court : Guwahati
H.N. Sarma, J.1. The writ petition WP(C) No. 3282/2006 has been filed by the petitioner Challenging the legality and the validity of the judgment and order dated 15.6.2006 passed by the Assam Board of Revenue in Case No. 115 RA(K)/2005 dismissing the appeal filed by the petitioner confirming the order passed by the Deputy Commissioner, Kamrup, in Encroachment Case No. 16/2005. Similarly, WP(C) No. 3283/2006 has been filed challenging the decision of the Assam Board of Revenue passed in Case No. 116 RA(K)/2005 upholding the notice of eviction dated 25.5.2005 issued by the Deputy Commissioner, Kamrup.2. Both these two writ petitions have been filed by the same petitioner and the points involved for determination also being common, as prayed for, these writ petitions are heard analogously and disposed of by this common judgment and order.3. I have heard Mr. P.C. Deka, learned senior counsel for the petitioner assisted by Mr. N. Deka, learned Counsel and Mr. PS. Deka, learned GA, Assam.Mr...
Tag this Judgment!Court : Patna
Shyam Kishore Sharma, J.1. The sole appellant has preferred this appeal against the judgment of conviction and order of sentence dated 22.1.1993 and 25.1.1993 respectively passed in Sessions Trial No. 653 of 1992 by the 5th Additional Sessions Judge, Motihari whereby the appellant was found guilty under Section 23 of the N.D.P.S. Act and has been sentenced to undergo R.I. for 10 years and fine of rupees one lac and in default of payment of fine to further undergo R.I. for two years.2. Prosecution story (Ext-2) relates to an occurrence dated 31.3.1992 when the custom Inspector (PW 12) along with custom officials was checking at Bairiya and in course of checking a bus was stopped which was going towards Muzaffarpur. A passenger with plastic bag was found lying on the bus. On inquiry about the plastic bag he claimed that he it was his own and disclosed his name. That persons was perplexed at the sight of the custom officials. After observing paraphernalia search of the bag was made and ...
Tag this Judgment!