Court : Guwahati
Aftab H. Saikia, J.1. Heard Mr. P.K. Roychoudhury, learned Amicus Curiae, who has been appointed in place of earlier appointed Amicus Curiae Mr. P.D. Nair, representing the appellant from jail as well as Mr. K.A. Mazumdar, learned P.P., Assam.2. This appeal from jail has been carried from the judgment and order dated 29.12.06 passed by the learned Addl. Sessions Judge (FTC) at Sonitpur Tezpur in Sessions Case No. 34/2006 by which the accused-appellant was convicted under Section 302 of the Indian Penal Code (for short 'the I.P.C.) and accordingly, he was sentenced to undergo imprisonment for life with a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for 2 months for committing the offence of murder.3. Before delving upon the details pertaining to the challenge of conviction and sentence so handed down by the learned Judge to the accused-appellant, it would be convenient to notice the facts of the case in a nutshell.4. An FIR was lodged by one Ahmed Ali, P.W.1, wit...
Tag this Judgment!Court : Patna
Ghanshyam Prasad, J.1. The appellant who was sole accused in Excise Case No. 8/37 of 2002 has been convicted under Section 23 of N.D.P.S. Act and sentenced to undergo R.I. for ten years and pay fine of Rs. 1,00,000/- and. in default to undergo R.I. for one year.2. Prosecution story in brief is that on the basis of secret information a team led by Mr. V.K. Sinha, Superintendent of Customs, Motihari was formed to nab drug smugglers. The team, on 5.2.2002, laid a trap near Lakhaura, intercepted a jeep bearing No.NL-04 of 1643 and after hot chase and firing it was made to stop near Chaura Danu Railway crossing. The driver of the jeep (appellant) tried his best to escape but ultimately he was caught by the team.3. The jeep alongwith accused/driver was brought to the custom office, Motihari. On the basis of confessional statement of the accused-appellant, search of the jeep was made in presence of independent local witnesses and recovered 90 kgms. of Nepali ganja consealed in false chamber...
Tag this Judgment!Court : Patna
Jayanandan Singh, J.1. Sole appellant has preferred this appeal against judgment and order dated 8.11.2004 by which he has been convicted under sections 20(b)(ii)(C) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and sentenced under each count to undergo rigorous imprisonment for fourteen years and pay a fine of Rs. 1.25 lacs, in default, to undergo R.I. for eight months. Both the sentences were ordered to run concurrently and the period of jail spent by him has been ordered to be set off against the sentence.2. Prosecution was set on motion on a written report given by one Ramesh Prasad, Customs Inspector, Motihari dated 29.1.2002. In the written report it was stated that a coded information was received at about 4.30 A.M. in the morning on 14.11.2002. On receiving the said information the raiding party led by the complainant proceeded to Bettiah side on Motihari-Bettiah road. They saw a truck bearing Registration No. BE...
Tag this Judgment!Court : Allahabad
Reported in : (2007)208CTR(All)390; [2007]289ITR203(All)
R.K. Agrawal, J.1. The Income Tax Appellate Tribunal, Allahabad has referred the following questions of law under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:1. Whether on the facts and in the circumstances of the case, the Tribunal was justified in canceling the penalty?2. Whether on the facts and in the circumstances of the case the Hon'ble Tribunal was justified in holding that penalty proceedings Under Section 273(b) cannot be initiated in reassessment proceedings?2. The reference relates to the Assessment Year 1972-73 in respect of the penalty proceedings initiated under Section 271(1)(a), (b) and (c) and 273(1)(b) of the Act.3. Briefly stated, the facts giving rise to the present reference are as follow:The respondent assessee was intercepted on 1.6.1971 by the Police with 2240 Kgs. smuggled ganja valued at Rs. 6,72,000/-. As no return was filed by him, the Income Tax Officer initiated proceedings underSection 147(a)...
Tag this Judgment!Court : Delhi
Reported in : 137(2007)DLT119; 2009(93)DRJ288
Madan B. Lokur, J.1. These are two appeals by a total of three Appellants directed against the judgment and order dated 14th March, 2002 passed by the learned Additional Sessions Judge in Sessions Case No. 63/2001. By the impugned judgment and order, the Appellants were held guilty of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short the IPC) for committing the murder of Laxmi and for an offence punishable under Section 307 of the IPC read with Section 34 thereof for attempting to murder Radhey Shyam. Subsequently, by an order dated 15th March, 2002 all the Appellants were sentenced to undergo imprisonment for life in respect of the offence of murder and to undergo imprisonment of seven years for the offence of attempt to murder. A fine was also imposed in respect of both the convictions.2. At the outset one rather disturbing feature of the case may be mentioned: the main witness for the prosecution, that is, PW-12 Radhey Shyam was examine...
Tag this Judgment!Court : Sikkim
Reported in : AIR2007Sik15
A.P. Subba, J.1. This Appeal is directed against the judgment and decree dated 24-3-2006, passed by the learned District Judge (South & West) at Namchi, in title Suit No. 9 of 2005.2. The facts of the case, relevant for the purpose of this Appeal, in a nutshell, are that the Appellants herein, who were minors, filed a Civil Suit being Civil Suit No. 14 of 1988 through their mother and natural guardian against the present Respondent No. 1 and others in the Court of learned Civil Judge (West) at Gyalshing for declaration, recovery of possession and other reliefs in respect of a piece of land i.e. the suit land in the year 1988. In the said suit the case of the Plaintiffs/Appellants, in short, was that they were Sikkimese by birth and members of Bhutia Tribal Community of Sikkim, whereas the Defendants /Respondents were the members of Nepali Community who did not hold Sikkim Subject. The suit land was their ancestral and joint family property. As such, their father Late Gompu Bhutia, who ...
Tag this Judgment!Court : Delhi
Reported in : 2009(93)DRJ813
J.M. Malik, J.1. This order shall decide the above said two appeals. Both the appellants are Nationals of Nepal. They were sentenced to undergo Rigorous Imprisonment for 14 years each under Sections 29 and 21 respectively of NDPS Act and to pay a fine in the sum of Rs. 1,00,000/- each for each of the offences separately, failing which they were to further undergo Rigorous Imprisonment for one year under each Section i.e. 29 and 21 of NDPS Act. Learned Additional Sessions Judge further held that both the sentences would run concurrently and the appellants were given the benefit of Section 428 Cr. P.C.2. The facts of the prosecution case are these. On the night falling between 28/29.01.2000, eleven Nepali Nationals were traveling to Bangkok by different flights at I.G.I. Airport, New Delhi. They were arrested. They admitted having swallowed capsules filled with Heroin. Few capsules were recovered from them at the spot and few were recovered as a result of evacuation in R.M.L. Hospital. O...
Tag this Judgment!Court : Delhi
Reported in : 2009(93)DRJ800
Madan B. Lokur, J.1. The Appellant is aggrieved by a judgment and order dated 14th November, 2002 passed by the learned Additional Sessions Judge in Sessions Case No.66/2001. The Appellant was convicted of an offence punishable under Section 302 of the Indian Penal Code (for short the IPC) read with Section 34 thereof for having committed the murder of Thumb Bahadur. The Appellant was sentenced to imprisonment for life and also to pay a fine.2. This case highlights the need to reiterate the cardinal principle of our criminal jurisprudence, which is that a person is presumed innocent until he is proved guilty by a competent and impartial tribunal - a person accused of an offence does not have to prove his innocence. This principle is internationally recognized as well. In the International Covenant on Civil and Political Rights (to which India is a signatory) it is stated in Article 14(2) that:Everyone charged with a criminal offence shall have the right to be presumed innocent until pr...
Tag this Judgment!Court : Guwahati
T. NK. Singh, J.1. Heard Mr. N. Ibotombi, learned Counsel for the petitioner as well as Mr. Santa Khaidem, learned Counsel for the respondent.2. By this petition under Section 482 of the Cr. P.C. the petitioner is praying for quashing the entire proceedings of the Criminal (C) Case No. 25 of 2005 pending before the learned Chief Judicial Magistrate, Imphal.3. The fact, stated in short, which would suffice for deciding the present criminal petition is that the petitioner-Smt. Elangbam Ongbi R. K. Jibanlata Devi, according to her, is the legally married wife of late Elangbam Santakumar Singh of Bamon Kampu and of their marriage one son, namely; Master Elangbam Pinky alias Winky was born. It is also the case of the petitioner that the petitioner married Elangbam Santakumar Singh on 8-4-1994 according to the customary Hindu law prevailing amongst the Manipuri Hindu in the State of Manipur.4. To the contra, according to the respondent, one Swapna Sinha is the legally married wife of Elangb...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC548; JT2006(10)SC334; (2007)IILLJ113SC; 2006(12)SCALE58; (2006)11SCC67; 2007AIRSCW103; 2007(2)AIRKarR56(SC)
S.B. Sinha, J.1 . Leave granted in S.L.Ps.2. Constitutionality and/ or validity of Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations (for short 'the Regulations') is in question in these appeals which arise out of a judgment and order dated 30th August, 2005 passed by the High Court of Bombay in Writ Petition No. 2030 of 2003.3. Indian Airlines Ltd. (Corporation) was constituted under the Air Corporation Act, 1953 (for short 'the 1953 Act). Regulations were framed by Appellant No. 1 in the year 1994 by Act No. 13 of 1994. The Parliament enacted Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 (for short 'the 1994 Act') whereby and whereunder, the right, title and interest of Indian Airlines were transferred to Indian Airlines Limited. In terms of Section 45 of the 1953 Act, the Corporation made Regulations. Regulation 13 of the said Regulations is in the following terms:13.The services of an employee may be terminated without assigning any reasons t...
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