Court : Andhra Pradesh
Reported in : AIR2005AP428; 2005(4)ALD485
ORDERV. Eswaraiah, J.1. Heard Sri P. Sri Raghuram, learned Counsel appearing for the Petitioner, Government Pleader for GAD and HMA, Sri E.V. Bhagiratha Rao and Sri Upendra Chakravarthy, learned Counsel appearing for the respondents 1 to 3 respectively.2. Petitioner and Respondents 2 and 3 contested in the elections held to a member of the Andhra Pradesh Legislative Assembly in the 32-Anakapalli Assembly Constituency. The Election notification was published on 24.3.2004 notifying the dates for filing nominations, scrutiny of the nominations, withdrawal of nominations, poll day for casting votes and the date of declaration of results. The last date for filing nominations was notified as 31.3.2004, the date of scrutiny of nominations was 2.4.2004, the date of withdrawal of nominations was 5.4.2004 and the poll date was scheduled on 20.4.2004.3. Petitioner is the Telugu Desam Party candidate, the second respondent is the Congress Party candidate and the third respondent is an independent ...
Tag this Judgment!Court : Allahabad
Reported in : 2005(103)ECC8; 2005(189)ELT412(All)
Rajes Kumar, J.1. In the present writ petition, petitioner has challenged the orders dated 06.05.1999 and 12.11.2001 passed by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi.2. Brief facts of the case are that the petitioner was bringing 420 quintals garlic alleged to have been purchased in Nepal after storing them in re-usable sacks in India. When the said consignment was in transit, it was intercepted by the Custom authorities and was seized mainly on the ground that the garlic in question was of a Chinese origin. The inference that the said garlic was of a Chinese origin was drawn on the basis, (1) sack in which the garlic was stored contained Chinese description and trade information was received from petty trader at Gorakhpur that garlic are not grown at Nepal and secondly, Sri Yogesh Kumar Bhimsarya gave statement that garlic was of Chinese origin. In the adjudication proceeding. Commissioner of Customs (P), Lucknow vide its order dated 8th March, 1999 confiscat...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
ORDERDipak Misra, J.1. The present reference has arisen in a different factual matrix inasmuch as certain provisions of Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for brevity 'the Act') that were incorporated by way of amendment into the aforesaid statute faced assail pertaining to their constitutional validity in the case of Jankidas Bairagi and Anr. v. State of M.P., 2001(2) M.P.H.T. 229, wherein a Division Bench declared the provisions under attack as constitutionally valid and dismissed the writ petition in limine, and thereafter when the present writ petition was filed challenging the enactment the same Division Bench issued notice and when the matter was placed for final hearing the Bench hearing the matter recorded a finding that the learned Counsel appearing for the petitioners had a sanguine grievance with regard to a singular provision and had no cavil in respect of any other provision and accordingly thought it condign to recommend the matter to be referr...
Tag this Judgment!Court : Delhi
Reported in : 118(2005)DLT353; 2005(81)DRJ73
A.K. Sikri, J.1. Lohri is a famous festival of Hindus. It is celebrated every year on 13th January. Like many other Hindu festivals, it also has religious fervour and traces to Hindu mythology. On 13th January, 1996, people in Delhi celebrated Lohri in the traditional way by burning heaps of woods and putting flames. However, before these flames could even die down, it became pyre (symbolically) of innocent family of Sharmas who were living in C-1/1396, Vasant Kunj, New Delhi. Same night, all four members of this family along with their servant were brutally murdered. The family consisted of Sh. S.P. Sharma, his wife Mrs. Shobha, two young children in their youth, namely, daughter Ms. Charu, aged 20 years and son Punit, aged about 15 years. The servant Dinesh was an adolescent boy aged about 9-10 years. In fact the family was having two servants. The name of other servant is Tika Ram. When the gruesome killings were discovered after breaking open the flat of Sharmas, Tika Ram was nowhe...
Tag this Judgment!Court : Guwahati
A. Hazarika, J. 1. This appeal has been preferred by the appellant from jail challenging the judgment and order dated 14.12.2000 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 75/2000 convicting the appellant under Section 302, India Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 100 in default, further rigorous imprisonment for one month. The facts leading to this appeal are as follows -2. The written ejahar was lodged by one Shri Ramen Bhuyan, son of late Ramrupa Bhuyan, Badulipara, Raunakhati Nepali Basti, Rangamati to the Officer-in-Charge, Dergaon Police Station contending that on 13.12.1994 the accused Naresh Bhuyan, son of Kartick Bhuyan of the same village has killed his father by hacking him in the head with an axe, while he was sleeping alone inside the house and requested the police to take appropriate action in the matter.3. Before the police swung into action, the accused surrendered himself at the Golaghat Poli...
Tag this Judgment!Court : Kolkata
Reported in : 2005(3)ESC2157
Jyotirmay Bhattacharya, J.1. This writ petition is directed against an order passed by the President of the West Bengal Board of Primary Education on 7th June, 2004 appearing at page 98 of this writ petition by which the petitioners' prayer for grant of recognition to the proposed Primary Teachers' Training Institute (hereinafter referred to as the P.T.T.I.), was refused on three fold grounds; firstly, oh the ground that the proposed P.T.T.I. has no land building of its own, secondly on the ground that the applicant does not fulfil the required conditions for grant of recognition, and thirdly, on the ground that the recognition Committee constituted under the Act, did not recommend the name of the proposed P.T.T.I. for such grant.2. Mr. Asish Sanyal, learned Advocate, appearing for the petitioners, challenged the legality and/or validity of the said order, firstly, on the ground that the said order is a nullity, as the same was passed by an authority who is not authorised to pas such a...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1198; 2005(1)WLC436
Vyas, J.1. This appeal is directed against the judgment November 2,2002, passed by the Additional District & Sessions Judge, Fast Track, Laxmangarh, Alwar, whereby he convicted and sentenced accused-appellants Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 396, IPC, to life imprisonment and a fine of Rs. 1,000/- each, in default of payment of fine to further undergo six months rigorous imprisonment; accused Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 397, IPC, to Rigorous Imprisonment for seven years and a fine of Rs. 500/- each, in default of payment of fine to further undergo three months Rigorous Imprisonment; accused Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 395, IPC, to life imprisonment and a fine of Rs. 1,000/- each, in default of payment of fine ...
Tag this Judgment!Court : Sikkim
Reported in : AIR2004Sik41
R.K. Patra, C.J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks quashing of Notification No. 13(789)/L.R.(S) dated 3-3-1987 of the State Government in the Land Revenue Department (published in the Gazette dated 5-3-1987) at Annexure A1 made under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and the Notification No. 1(789)/L.R.(S) dated 25-8-1987 of the same department (published in the Gazette dated 27-8-1987) at Annexure A made under Section 6(1) of the Act. The petitioner also questions the validity of the Land Acquisition (Sikkim) Amendment Act, 1992.2. The writ petition was originally filed by Kazi Lhendup Dorji Khangsharpa as petitioner No. 1 and Nar Bahadur Khatiwada as petitioner No. 2. In his application dated 17-11-1988 Kazi Lhendup Dorji Khangsharpa sought permission to withdraw the writ petition saying that he did not want to proceed with the matter. By order dated 6-9-1990 this Court allowed his...
Tag this Judgment!Court : Allahabad
Reported in : (2008)11VST303(All)
ORDERPrakash Krishna, J.1. These revisions are at the instance of Commissioner of Trade Tax in respect of the same assessee involving similar question of law and fact for the assessment year's 1986-87 and 1987-88. The opposite party deals in kirana spices, oil-seed and dry fruits, etc. In the assessment year 1986-87 the dealer-opposite party claimed exemption from payment of tax on the sale of spices and haldi of Rs. 2,90,079.50 on the basis of export to Nepal. Similarly it claimed exemption from payment of tax for the subsequent assessment year on sale of haldi worth Rs. 2,24,579 on the basis of export to Nepal. The assessing authority accepted the books of account of the dealer but rejected the claim of exemption in respect of the aforesaid turnover. However, the first appellate authority and the Tribunal allowed the claim of the dealer-opposite party. Challenging the orders of the Tribunal present revisions have been filed by the Commissioner of Trade Tax under Section 11 of the U.P...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2004CriLJ4038
ORDERSatish Kumar Mittal, J.1. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the order dated 12-3-2003 (Annexure P-14) passed by the learned Additional Sessions Judge, Ropar, whereby, while rejecting the cancellation report submitted by the police, a direction has been issued to file the challan in the Court.2. The sole question involved in this petition is whether the Court can issue a direction to the police/investigating agency to file the challan in the Court while rejecting the cancellation report submitted by the police.3. The brief facts of the case are that on 7-1-2000, a dead body was found floating in the village, Khad which was spotted by the inhabitants of the village. Petitioner No. 1, who was an ex-Sarpanch and whose daughter-in-law was the Sarpanch of the village, lodged a DDR to the police regarding the aforesaid dead body. Later on, respondent No. 2 (hereinafter refer...
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