Court : Gujarat
Reported in : (2004)2GLR1764
R.K. Abhichandani, J.1. These two petitions raising common questions seek to challenge the provisions of Sections 7(1)(b), 14 and 15 of the Immoral Traffic (Prevention) Act, 1956 on the ground that they violate the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India. They also challenge the notification dated 23.2.2000 issued by the Commissioner of Police under the provisions of Section 7(1)(b) by which the areas within the jurisdiction of Chakla Bazaar Police Station, Surat were notified rendering carrying on prostitution in any premises within those areas as an offence.Brief facts and pleadings:2. Special Civil Application No.15195 of 2003 has been filed by a public trust, registered only on 25.1.2002, purporting to be an organization consisting of 214 women in prostitution/sex work as its members at Surat. According to the petitioner-organization, it works along with other non-governmental organizations in the field of HIV/AIDS in Surat and the pr...
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN571
D. K. Seth, J.1. These three appeals by consent of the parties were taken up together for hearing in view of the fact that these appeals arise out of the one and the same judgment passed by the learned Single Judge in Writ Petition No. 2234 (W) of 1998 on 7th April, 1998. The respective appellants had challenged the order appealed against on various grounds founded upon the same set of facts involving identical question of Jaw.1.1. The principal question that arises for our determination is as to whether the respondent Siliguri Hindi High School is a minority institution within the meaning of and protection guaranteed under Article 30 of the Constitution of India.Facts :2. The Siliguri Hindi High School was established as an Anglo Hindi English Medium School in 1935 by the Hindi speaking Marwari business community of Siliguri after this community had felt in 1934 the need to establish an Anglo Hindi English Medium School. It also appears that local several merchants' association had fo...
Tag this Judgment!Court : Delhi
Reported in : 2003VIIIAD(Delhi)176; 2004CriLJ684; 108(2003)DLT134; 2004(72)DRJ124; 2003(3)JCC1846
J.D. Kapoor, J.1. Though through instant Crl.M(M) petition extension for interim bail was sought but through Crl.M.558/03 moved in this main petition prayer for regular bail has been made. 2. Petitioner is facing a trial in a murder case arising out of FIR No. 287/1999 registered under Sections 302/201/212/120B/34 IPC at P.S.Mehrauli for having allegedly fired in the late midnight hours a shot aiming at a young lady Jessica Lal, a Model, who was acting as a Bar-tender in a weekly party being held at a place known as Qutub Colonnade at Mehrauli where Ms. Beena Ramani and her Model daughter Malini Ramani were running a restaurant by the name and style of 'Once Upon A time'.3. It was unfaithful day of 29th of April 1999. Around 300 to 400 people had attended that party. After 1.00 a.m or so 70-80 people remained while other had left. It was 2.00 a.m in the night when Malini Ramani and deceased Jessica Lal and complainant Shyan Munshi and a waiter were present Along with 5-6 more persons i...
Tag this Judgment!Court : Delhi
Reported in : 2004IAD(Delhi)637; 108(2003)DLT175
Badar Durrez Ahmed, J.1. Rule. With the consent of parties the matter is taken up for hearing today. 2. The petitioners are seeking a direction in the nature of mandamus directing the respondent no.1 to issue sale permission in favor of the petitioner no.1 in respect of the property bearing No.J-7, B.K. Dutt Colony, New Delhi-110003 (hereinafter referred to as 'the said property') 3. This property which is a lease-hold property was initially owned by one Mr Chunni Lal Nepali. Upon his demise, it came to be owned by his son Shri Bal Krishan Nepali, who is respondent no.2 herein. Despite service, nobody has entered appearance on behalf of respondent no.2. 4. On 17.07.1989, an agreement to sell was entered into by and between the said Shri Bal Krishan Nepali and the petitioner No.1's husband (Sh. H.S. Khurmi). On 03.10.1989, other documents, such as Special Power of Attorney, General Power of Attorney and Will, etc. were executed. Since this was a lease-hold property, before the sale coul...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR549
A.S. Naidu, J.1. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has filed this petition praying to quash the order passed by the Sessions Judge, Dhenkanal in Criminal Revision No. 44 of 1990 confirming an order passed by the S.D.J.M., Hindol in ICC No. 16 of 1990 taking cognizance of an offence alleged against the petitioner under Section 500 of the Indian Penal Code.2. According to the petitioner, the alleged commission of offence under Section 500 IPC is levelled against him while he was discharging the duties as an Executive Magistrate being in charge of law and order situation and as such he is protected by the umbrella provided under Section 197 CrPC and unless the impugned order is set aside it will not only prejudice the rights of the petitioner but will also amount to abuse of the process of law.3. To appreciate the backdrop of the factual scenario, it is necessary to state the facts of the case, shorn of unn...
Tag this Judgment!Court : Sikkim
Reported in : 2004CriLJ4080
R.K. Patra, C.J.1. The aforesaid twin appeals are directed against the judgment and order dated 17th January, 2003 passed by the learned Sessions Judge (E and N) Sikkim at Gangtok in Criminal Case No. 19 of 2000 by which the three appellants stand convicted under Section 302 read with 34, IPC and sentenced each to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand) each with defaulting clause of sentence.2. Criminal Appeal No. 2 of 2003 has been filed by the appellant Ben Kumar Rai alias Jhony Rai whereas Criminal Appeal No. 3 of 2003 by Lhakpa Sherpa and Karma Sonam Sherpa alias Jaggu.3. Briefly stated, the prosecution case is that Ashok Kumar Bansal (hereinafter referred to as the deceased) was residing at Singtam Bazar with his wife PW-19 Sushma and two minor children. In his residential building, he was running a hardware shop. In the evening of 15th October, 1999 (prior to the date of occurrence, i.e., 16th October, 1999) appellant Ben Ku...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2003)(161)ELT1025TriDel
1. This order will dispose of all the captioned three appeals filed by the appellants against the orders-in-original, dated 30-10-2001 passed by the Commissioner vide which he had ordered the confiscation of the goods i.e. Ginger and imposed penalties on the appellants, as detailed therein.2. The learned Counsel has contended that there is no evidence on the record to prove that the goods which were validly imported from Nepal after clearance by the Nepal Customs Authorities as well as by the Indian Customs Authorities were of Chinese origin. The trade opinion relied upon by the Revenue to hold that the goods were of Chinese origin was neither admissible nor sufficient to bring home the allegations of the smuggling of the Chinese origin goods (Ginger) by the appellants. The learned Counsel has also referred to the certificate issued by the Nepal Customs Authorities certifying the origin of the goods as 'Nepal'. Therefore, neither the goods could be confiscated nor any penalty could be...
Tag this Judgment!Court : Guwahati
P. P. Naolekar, C.J.1. Heard Mr. P. Roy, learned counsel for the appellant. None appears for the respondents.2. The facts in brief necessary for adjudication of the question involved in a case are set out herein below.3. Shri Baleshwar Shah purchased the following land from Smti. Urmila Brahama who admittedly belong to Scheduled Tribe, by registered sale deeds:'(1) OB.2k. 2Ls. out of total 2B., 4K, 3Ls. in Dag No. 21, K. P. Patta No. 3 by Regd. Sale Deed No. 621 of 25.1.1973.(2) OB.2K. 2Ls. out of total land 1B. 2K, 5 Ls. in Dag No. 104 covered by Annual Patta No. 1 by Regd. Sale Deed No. 622 dtd.25.1.1973.(3) Again OB. IVz Ls. out of land in Dag No. 21, K.P. Patta No. 3 by Regd. Sale Deed No. 5380 dtd. 23.5.1974.(4) OB. OK. 12 Ls. in Dag No. 104, Annual Patta No. 1 by Regd. Sale Deed No. 5381 dtd. 23.5.1974.'4. The Deputy Commissioner, Kamrup has issued notice-cum-order under Section 165 of the Assam Land and Revenue Regulation, 1886 (hereinafter shall be referred to as 'Regulation')...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR263
A.S. Naidu, J.1. The appellants in all these Jail Criminal Appeals faced trial for alleged commission of offence under Section 376(2)(g) of the Indian Penal Code in the Court of the Addl. C.J.M.-cum- Assistant Sessions Judges, Rourkela in S.T. No. 224/60 of 1996.2. On the basis of an FIR lodged by Laxmi Tirki (P.W. 1) the criminal action was set in motion. Shorn of all unnecessary details, the short facts alleged in the said FIR were that on 10.5.1996 at about 9 p.m. taking advantage of a beautiful moonlit night, P.W.I and her boy friend Birendra (P.W.7) along with her friend Marsha Lugun and her boy friend Sunil (P.W. 5) were chatting with each other in a field near the house of one Clara Kor.The love birds were sitting apart from each other and were busy in the world of their own. After some time P.W. 1 and Marsha strolled towards a nearby hillock and P.W. 7 and P.W. 5 followed them. Near the hillock P.W.I and P.W. 7, so also Marsha and P.W. 5 again resumed their chatting. All of a s...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2003)(90)ECC541
1. These appeals are against the order of the Commissioner (Appeals) rejecting the order of the original authority whereby a penalty of Rs. 25,000 had been imposed under Section 112 of the Customs Act on Krishna Prasad Keshari (appellant in A. No. C/290/2002) and Indian currency of Rs. 2.5 lakhs on which a claim of ownership had been staked by Shri Rajesh Kumar Soni (Appellant in A. No. C/289/2002) was confiscated under Section 121 of the Act.2. Examined the records and heard both the sides. The relevant facts of the case are as under: Officer of Customs recovered 14 gold biscuit of foreign origin valued at over Rs. 7 lakhs from the possession of two Nepali nationals namely S/Shri Dil Prasad Sapkota and Gyan Hari Sapkota on the premis that the gold biscuits had been smuggled into India from Nepal. The officers seized the goods under a panchnama. The two Sapkotas, in their statements recorded by the officers, stated that the gold biscuits were meant for delivery to one Shri R.C. Jaiswa...
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