Court : Allahabad
Reported in : 2007(1)AWC396
S. N. Srivastava, J.1. The genesis of the controversy involved in the instant petition was the de-recognition order passed by the Secretary, Madhyamik Shiksha Parishad by which it was intimated to the Institution by referring to the letter of Regional Secretary, Madhyamik Shiksha Parishad, U. P. Regional Office, Bareilly dated 14.6.2006, that the Institution has been stripped of recognition of the history as a subject and therefore, it was advised that the students having history as a subject may seek admission elsewhere.2. The present petition has been instituted by one Iqbal Hussain as President of Parent-Teachers Association Shan Inter College, Moradabad, for the relief of a writ of mandamus directing the respondents 1 and 2 to allow 52 students studying in standard XII having history as one of the subjects in the Institution to appear in Intermediate examination 2006 as regular students.3. From a perusal of the record it would transpire that recognition to the Institution in six su...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J.1. By the impugned judgment and order, dated 5.3.2002, passed, in Criminal Appeal No. 63/2001, the learned Sessions Judge, Kamrup, Guwahati, has dismissed the appeal of the present accused-petitioner and upheld thereby the judgment and order, dated 18.10.2001, passed, in G.R. Case No. 5781/1998, by the learned Speclal Judicial Magistrate, Guwahati, convicting the present accused-petitioner under Sections 392, IPC and sentencing him to undergo rigorous imprisonment for 2 (two) years and pay a fine of Rs. 300/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 15 days.2. The case against the accused-petitioner, as surfaced at the trial, may, in brief, be stated as follows:On 13.12.1998, Badri Bahadur Biswakarma (hereinafter referred to as 'the informant') along with his minor son, Suraj Bahadur Biswakarma, came from Shillong to Guwahati on their way to Siligri and Oil that day, i.e. 13.12.1998, at about 5.45 p.m. while the informant ...
Tag this Judgment!Court : Sikkim
Reported in : 2006CriLJ2999
N. Surjamani Singh, J.1. This appeal is directed against judgment dated 28-3-2005 and order of sentence dated 31-3-2005 passed by the learned Sessions Judge (Special Division-II) Sikkim at Gangtok in Sessions trial case No. 3 of 2004 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment of life and also to pay fine of Rs. l,000/-.2. The prosecution story which lies in a short compass brings to light a sad and shocking incident of a son (accused/appellant) beheading his own father with a sharp Khukurl in a altercation over the disruption of a drinking water pipeline in a small village called Lower Syari in East Sikkim. The prosecution versions as unfolded during the trial of the case are as follows:The deceased Mangal Singh Tamang aged about 59 years who was a widower used to live with his only son Pema Tamang, the accused/appellant herein in Lower Syari Busty, East Sikkim. One Miss Mysang Tamang aged about 64 years an un...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2556
Dilip Raosaheb Deshmukh, J.1. This appeal is directed against the judgment dated 31-10-2002 delivered by Shri Lakhan Singh, learned Addl. Sessions Judge, Distt. Korba in Sessions Trial No. 478/2001 whereby the appellant was convicted under Sections 376, 366, 363 and 342, I.P.C. and was sentenced to rigorous imprisonment for 7 years and to pay fine of Rs. 500/- under Section 376, I.P.C. to R.I. for 5 years and fine of Rs. 500/- under Section 366, I.P.C. to R.I. for 3 years and a fine of Rs. 500/- under Section 363 and to R.I. for 3 months under Section 342, I.P.C. In default of payment of fine, the appellant was sentenced to undergo S.I. for one month each for offences under Sections 363, 366 and 376, I.P.C.2. The prosecution story in brief is that the prosecutrix, aged about 17 years and 2 months and a student of Class IX, left for her school on a cycle at about 10.15 a.m. from her house. Near Polytechnic College, by the side of the road, the appellant-Kishore Bahadur along with Ram Bh...
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN305
P.N. Sinha, J.1. This first appeal is at the instance of dendants No. 1(a) to 1(c) in a probate proceeding and is directed against the Judgment and decree dated 29th June, 2005 passed by the learned Additional District Judge, Fast Track Court No. 1, Alipore in Original Suit No. 3 of 2005 (Old No. O.S. 56 of 1950) thereby allowing the application for grant of probate filed by the plaintiff/respondent as executor in respect of the Will dated 1st March. 1949 executed by the testator Bimal Behari Sen (since deceased) in favour of his daughter Gita Kani Sen.2. The facts of the case may be summarised as follows:The name of plaintiff has appeared in the cause title of appeal and in Lower Court Record in different manner; somewhere as Arun Kumar Bose, somewhere Arun Coomar Bose and in the Will as Aroon Kumar Bose. For the sake of convenience in this judgment we shall use his name as Aroon Kumar Bose.3. The plaintiff/respondent instituted the suit for grant of probate of the last Will and testa...
Tag this Judgment!Court : Mumbai
Reported in : 2006CriLJ2181
N.A. Britto, J.1. These appeals are filed by the accused who have been convicted and sentenced under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('Act' for short), by Judgment/Order dated 07-07-2004 of the Special Judge, Mapusa, Goa. The said accused were prosecuted after a complaint was filed by Shri Vaz, Superintendent of Customs and Central Excise/P.W. 4, with the allegation that on 23-02-2001, at about 18.30 hours, both of them while travelling on a motorcycle from Margao towards Panjim, were found in possession of 8.5 kgs hashish valued at about Rs. 20,00,000. In the course of the trial, the Complainant examined himself/P.W.4 and five more witnesses.2. The case of the accused was that they were falsely implicated. As per A1/Satyawan Pagi, in his statement separately filed after recording his statement under Section 313 of the Code of Criminal Procedure, A1/ Satyawan Pagi, was in the precincts of the Margao bus stand, when some persons grabbed ...
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker275; 2006(3)KLT17
K.S. Radhakrishnan, J.1. This matter has been placed before us on a reference made by a learned single Judge having expressed doubt with regard to the correctness or otherwise of the learned single Judge's judgment in Ramesh Kumar v. Kannapuram Grama Panchayat 1997 (2) KLT 434 wherein the learned single Judge took the view that the Hindu Marriage Act, 1956 would apply to a Hindu outside the territory of India only if he is a Hindu domiciled in the territory of India and that he should have permanent residence in India.2. Petitioners herein are husband and wife who belong to Nair community. Their marriage was solemnized on 13-7-2005 at Vinayaka Kalyana Mandapam at Ernakulam in accordance with the provisions of the Hindu Marriage Act. First petitioner husband is employed at Canada and second petitioner his wife is a native of Kannur District in Kerala. First petitioner's parental home is at Thodupuzha and parents own properties there. First petitioner was born while parents were at Canad...
Tag this Judgment!Court : Patna
Manohar Lal Visa, J.1. This appeal is directed against the judgment and order dated 15-9-2004 passed by Additional Sessions Judge VIth, Bettiah in Trial No. 5 of 2002 convicting and sentencing the appellant to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default to further undergo rigorous imprisonment for two years and Section 20(ii)(c) of Narcotic Drugs and Psychotropic Substances Act (in short 'the N.D.P.S Act').2. The case of prosecution, in short, is that on receipt of secret information that a group of smugglers carrying Ganja was to pass through Sidhwalia Dhala under Sikta Police Station, a raiding party comprising Customs and Special Services Bureau (S.S.B.) officials was organised in the night of 3-11 -2001. The raiding party reached the place and it was divided in two groups. At about 4.10 a.m. on 4-11-2001, appellant was caught along with 33 kilograms of Nepali Ganja in four packets wrapped in polythene sheets three bicycles, three...
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
1. The following order of the Appellate Tribunal has been delivered by Shri R.N. Poddar, Member. 2. This appeal is directed against the adjudication order No. 415/89/Ad dated 24-10-1989 passed by the Asstt. Director, Enforcement Directorate whereby a penalty of Rs. 10,000 has been imposed on the appellant for contravention of section 8(1) and 8(2) of FERA, 1973 (hereinafter referred to as the Act) and also confiscated seized currency wit US $ 7493, DM 290, Nepali Taka 156, Pakistani Rs. 50, Bengladesh Taka 7000 and Bhutanese currency notes 10 in terms of section 63 of the Act. 3. A show-cause notice No. 225/86/SCN/AD, dated 8-5-1986 was issued to the appellant asking why adjudication proceeding should not be held against him for acquiring/purchase of foreign exchange to wit US $ 7493, DM 290, Nepali Taka 156, Pakistani Rs. 50, Bangladesh Taka 7000 and Bhutanese currency notes 10 from person not being authorised in foreign exchange without previous general or special permission of RBI a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2006)ACC662
Deepak Gupta, J.1. By this judgment two appeals being F.A.O. Nos. 232 and 235 of 2000 are being disposed of as they arise out of the same accident and similar awards.The facts necessary for disposal of the present case are that Maya Lamini and others claiming themselves to be the widow and children of deceased Sonam Lama filed a petition under Section 166 of the Motor Vehicles Act, 1988. In this petition it was alleged that deceased Sonam Lama had hired a tractor No. HP-43-0888 for carriage of stones from Thirot to Udaypur. It was further alleged that about 8.30 a.m. when the tractor reached Bhimu Bridge the deceased got down from the tractor to answer the call of nature. In the meantime the driver of the tractor started the tractor in an excessive speed and the tractor overturned on the deceased and one other person and the tractor as well as these two persons fell into the river Chanderbhaga. Similarly in the other case Parmol, widow and the children of deceased Vijay Ram filed a cla...
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