Court : Mumbai
Decided on : Dec-04-2002
Reported in : 2003BomCR(Cri)882
D.D. Sinha, J.1. Heard Shri Dhote, learned Additional PublicProsecutor for the appellant, and Shri Gupta, learnedCounsel for the respondent.2. The State has filed the instant appeal against thejudgment and order dated 18.10.1989 passed by theAdditional Sessions Judge, Nagpur in Sessions Trial No.70/1996 whereby respondent is acquitted of the offencepunishable under Section 302 of Indian Penal Code.3. The prosecution case, in nutshell, is as follows :The respondent and deceased Ramesh were theresidents of village Banpuri and their agriculturalfields were adjacent to each other. It is alleged thatthere was a quarrel between them for taking water fromcanal. The incident occurred on 6.12.1985. It isalleged that on that day deceased Ramesh was sitting atabout 9.30 p.m. to 10 p.m. on the flag post. PW 4Doma and Raghoba came there and also sat on the platformof the flag post. After taking meal, people of thevillage normally used to assemble near the flag post forchitchatting. On the day of in...
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
Decided on : Dec-03-2002
Reported in : (2004)(1)SLJ152CAT
1. By the present O.A. the applicant is challenging the notification dated 11.10.2001 issued by Respondent No. 1 appointing Respondent No. 4 i.e. V.T. Thomas of the State Forest Service of Goa to the Indian Forest Service with immediate effect.2. The applicant was initially appointed as Assistant Conservator of Forests on adhoc basis vide order dated 20.1.1987 and has been working as Assistant Conservator of Forests/Deputy Conservator of Forests in the Goa Forest Department. The applicant was appointed on regular basis as ACF from 8.8.1990 and was confirmed on 8.8.1992 vide order dated 1st September, 1999 after completion of two years of probation. The State Forest Service Assistant Conservator of Forests (ACF for short)/Deputy Conservator of Forests (DCF for short) is the feeder grade for promotion to the IFS, The promotion to the IFS from the feeder grade is regulated by the Indian Forest Service (Recruitment) Rules, 1966 and Indian Forest Service (Appointment by Promotion) Regulati...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-03-2002
Reported in : JT2002(10)SC105; 2003(4)MhLj126; (2003)1SCC433
Brijesh Kumar, J.1. An advertisement was published in the Times of India dated 5.10.1999: it read as follows:'Accommodation available for two rooms self-contained apartment with sea-view, telephone optional, ideal for executives, couples, reasonable terms'.2. The appellant before us, namely, Feroze N. Dotivalaq approached the respondent namely, Wadhwanis in response to the above noted advertisement and he was given the accommodation on payment of certain amount as compensation for the same. The moot question that falls for consideration in this appeal is about the nature of occupation of the premises as to whether the appellant is a 'licensee' or a 'paying guest' in the light of the relevant provisions under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'the Act'). 3. According to the appellant, in the year 1975 after the death of the mother of the respondent No. 1, he wanted the appellant to give in writing that he was occupying the premises as a paying ...
Tag this Judgment!Court : Mumbai
Decided on : Dec-02-2002
Reported in : 2003(162)ELT25(Bom); 2003(2)MhLj84
V.C. Daga, J.1. This petition is directed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal, Mumbai ('CEGAT' for short) dated 20-4-1989, upholding the order of the Collector of Customs, except modification of reducing the redemption fine of Rs. 10 lakh to Rs. 5 lakh in respect of the order dated 13-6-1988.THE FACTS 2. The facts leading to filing of the petition in nutshell are as under, The petitioners are the exporters of 'Colour Picture Tubes' ('CPT' for short) to USSR. They were awarded contract for supply of CPT to USSR sometime in the month of December 1987. On 23rd February 1988, they entered into a contract with one M/s Samsung Co. Ltd. of Korea ('M/s Samsung' for short) for import of CPT to fulfil their obligation under the said contract. Accordingly, on 29-2-1988, the petitioners opened irrevocable Letter of Credit in favour of M/s Samsung for import of CPT.3. Upon publication of the new Import policy on 30th March 1988, petitioner No. 1 came to kn...
Tag this Judgment!Court : Allahabad
Decided on : Nov-29-2002
Reported in : 2003CriLJ2287
M.C. Jain, J.1. As many as 24 persons were tried in Sessions Trial No. 627 of 1983. State v. Harish Chandra and 23 others in the Court of 2nd Additional Sessions Judge, Bulandshahr. All of them came to be convicted and sentenced variously (as would appear from the discussion that follows) by judgment and order dated 18th July, 1984 passed by Sri Phool Singh, the then Presiding Officer, of the said Court.2. 23 of them (Harish Chandra and 22 others) filed Criminal Appeal No. 1959 of 1984, whereas the 24th accused Shyamu son of Harish Chandra filed connected appeal No. 2036 of 1984.3. There was another accused Ram Pal named in the F.I.R. but the chargesheet was not submitted against him.4. Appellant Narena of Criminal Appeal No. 1959 of 1984 died during the pendency of the appeal. As such, the appeal abates so far as he is concerned. Therefore, presently, there are 22 appellants in criminal appeal No. 1959 of 1984 and appellant Shyamu in connected criminal appeal No. 2036 of 1984. The app...
Tag this Judgment!Court : Allahabad
Decided on : Nov-28-2002
Reported in : 2003(1)AWC455
..... are not necessarily women of bad character but have been driven to the profession due to acute poverty in their family. it was reported in the press that 1,200 nepali girls are sold every year by their parents and brought to brothels in calcutta and elsewhere because the parents cannot feed those girls. similar is the plight in various parts .....
Tag this Judgment!Court : Kerala
Decided on : Nov-22-2002
Reported in : 2003(3)KLT968
ORDERPius C. Kuriakose, J. 1. Impugned in this revision initiated by the plaintiff is an order passed by the trial court in a suit in the nature of a public interest litigation. A resume of the facts is given below.2. The plaintiff one P. Sivadasan claims to be a 34 year old businessman and son of one Sankaran of Pillakkal House, Kakkad Desom, Kannur. The suit is instituted arraying the Secretary of the local authority (1st respondent herein) and one K.V. Muhammedkunhi Haji (2nd respondent herein) as the defendants. The cause of action alleged is the construction of two buildings in gross, violation of the Building Rules by the 2nd defendant., Reliefs sought for in the suit inter alia are perpetual injunction restraining the 2nd defendant not only from conversion of the parking area provided in one of the buildings into shops, but also from letting out the building to tenants.3. The first defendant-Municipality is yet to file a written statement in the suit. The 2nd defendant who will ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-2002
Reported in : 2003CriLJ1318
M.C. Jain, J.1. The appellants are Sheo Nath, his son Sarvadeo and one Suresh who have been convicted under Section 324, I.P.C. read with Section 34, I.P.C. and each sentenced to undergo R.I. for two years by judgment dated 11th June, 1981 passed by Sri Hem Raj Ram, the then II Additional Sessions Judge, Ballia in S.T. No. 45 of 1981. The trial was held under Section 307, I.P.C. read with Section 34, I.P.C.2. The basis of the prosecution was the F.I.R. lodged by Rajendra Singh son of injured Gauri Shanker Singh P.W. 1 at the concerned police station on 25-11-1979 at 2.30 a.m. The incident took place in between the night of 24/25-11-1979 24/25-11-1979 close to midnight at the tube well of the complainant situated in Village-Katahura, Police Station, Rashra, District Ballia.3. The relevant facts are that in the evening of 24-11-1979 Sheo Nath and Suresh accused approached Gauri Shanker Singh for providing water for irrigation from his tube well. Gauri Shanker Singh expressed his inabilit...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-14-2002
Reported in : (2003)(86)ECC352
1. In this appeal, the challenge is against the imposition, by the Commissioner of Customs, of a penalty of Rs. 75,000 on the appellant under Section H2(b) of the Customs Act.2. The appellant was one of the three occupants of the truck which was intercepted by Customs officers in the night of 4/5 March, 2001 on the Gorakhpur-Sonauli road. The other two occupants of the truck were the driver Shiv Achal Patel and the owner Virendra Pratap. The truck was coming from Sonauli, a place within the territory of India, near the Indo-Nepal border. On a thorough check of the vehicle, the officers discovered foreign origin computer parts bearing the marking 'Made in Phillipines' in secret cavities behind the driver's seat. On interrogation, the driver stated that the cavities had been constructed for smuggling of goods from Nepal; and that the computer parts found in the cavities were brought from Nepal. The officers, believing that the goods were liable to confiscation under Section 111 (d) of t...
Tag this Judgment!Court : Kolkata
Decided on : Nov-14-2002
Reported in : (2003)3CALLT100(HC),2005(1)CHN586,2005(30)PTC272(Cal)
Kalyan Jyoti Sengupta, J. 1. The plaintiff is the owner of the registered trade marks 'Odonil', 'Odopic', 'Odomos' both label and word under the common Classes-5, 3, 9, 11, 21, and it has also applied for further registration between the years 1985 and 2001, for the word 'Odo'. This action has been taken against infringement and passing of by the defendant who uses the name and mark 'Odoja' in their products which are under same class. With the word 'Odo' the plaintiff claims that the aforesaid registrations were effected at different point of time ranging from 24th August, 1962 to 26th February, 1990. Admittedly the defendant's mark is not a registered one and it has merely applied for registration of its mark on or about 27th of March, 2000. The plaintiff claims, that it was the first in using of the word 'Odo' in its trademarks for commercial purpose. 2. The defendant in his affidavit in opposition has taken defence that the word 'Odo' is a generic term and used by all the traders a...
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