Court : Karnataka
Decided on : Feb-06-2002
Reported in : ILR2002KAR1314; 2002(2)KarLJ322
ORDERN.K. Jain, C.J. 1. One M.T. Mariswamy Gowda and nine others have filed this PIT, staring that the Indian Red Cross Society ('Society' for short) is a Society created by the IRCS Act, 1920 ('Act' for short). It has been constituted to achieve the noble goal of serving the sick, wounded and other people in need of medical and nursing care. It is stated that the petitioners are life members of the Society. It is stated that the third respondent has invited tenders as per Annexure-C, dated 4th December, 2000 to develop the plot bearing No. 26, Race Course Road, Bangalore, on lease basisand that on account of high-handedness of the Managing Body and in an arbitrary manner the property is being alienated to a private party causing enormous loss to the Society. It is further stated that pursuant to the tender, four tenderers were called but without giving opportunity to the other three tenderers for negotiation, the 3rd respondent has granted lease in favour of 4th respondent for a perio...
Tag this Judgment!Court : Karnataka
Decided on : Feb-06-2002
Reported in : ILR2002KAR1694; 2003(2)KarLJ276
ORDERV. Gopala Gowda, J.1. This revision petition under Section 50(1) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the repealed Act'), is filed by the tenant against the order of eviction dated 27-6-1997 passed by the Small Causes Court in H.R.C. No. 4351 of 1980.2. The deceased respondent was the landlord and petitioner was the tenant in the Trial Court. The respondents herein are the legal heirs of deceased landlord. For the sake of convenience, the rank of the parties is referred to as 'landlord' and 'tenant' respectively.3. The brief facts of the case are, the landlord filed petition in H.R.C. No. 4351 of 1980 under Section 21(1)(a) and (h) of the repealed Act seeking eviction of the tenant on the ground that the tenant is in arrears of rent and that the landlord requires the petition schedule premises for his bona fide use and occupation. The tenant resisted the eviction petition denying the claim of the landlord and the jural relationship and taking variou...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2002
Reported in : 2002(2)ALD827
ORDERV.V.S. Rao, J.1. The petitioner hails from Kottayam District in Kerala. She joined the three-year Nursing Course in the first respondent Nursing School, namely, Mediciti School of Nursing ('Nursing School' for brevity). Allegedly she paid a hefty fees of Rs. 53,000/- and for that purpose her parents mortgaged the only house they possessed. She joined the course on 5-8-1999 and would be completing the course by January, 2003. She passed first year course and is likely to appear for the examination of second year course in January/February, 2002. On6-9-2001 she was permitted to leave the Nursing School situated at Ghanpur to enable her to meet her relatives, who came from Kerala. On her return the Principal of the Nursing School summoned her and she was told that she is no longer eligible to continue nursing course as her character is not good. The Principal extracted a confession from the petitioner by force. On 20-9-2001 the impugned order/letter was issued to the father of the pe...
Tag this Judgment!Court : Patna
Decided on : Feb-05-2002
R.S. Garg, J.1. By this appeal the appellant/petitioner seeks to challenge the correctness of the judgment dated 26.9.2001 passed in Green Poly Tubes Pvt. Ltd. v. The State of Bihar and Ors., C.W.J.C. No. 10859 of 2001.2. The short facts necessary for the present appeal are that the State of Bihar through Public Health Engineering Department came out with a Short Tender Notice for supply ofvarious items viz. ISI marked UPVc Plain Casing Pipes. The last date for submission of receiving and opening the tender was 25.1.2001. The appellant a registered Company engaged in manufacture of ISI marked UPVc Plain Casing Pipes (hereinafter referred to as 'Pipe' for short) has its Industrial Unit at Hajipur Industrial Area in the District of Vaishali. The petitioner/appellant says that he is registered under the provisions of the Bihar Finance Act, 1981 so also under the Central Sales-tax Act, 1956. The appellant claims that it being a new Industry, it is covered by Sales-tax Exemption Notificati...
Tag this Judgment!Court : Patna
Decided on : Feb-05-2002
Indu Prabha Singh, J. 1. Both the appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for six months each.2. The prosecution case as stated in the written report dated 25-4-1989 given by A.S.I. Baidnath Singh of Parihar P.S. is that for checking of smuggling of petroleum products from India to Nepal, informant Baidnath Singh, A.S.I., Constable Shiladhar Mishra and Chbwkidar, Badri Paswan were on duty at village Dharharwa near Dharharwa Kuti situated just by the side of Nepal Border. It has been stated that the abovenamed persons sat in a Kuti and they were Watching the situation and at about 4.30 a.m. they saw 4 to 5 persons coming towards Nepal after taking diesel kept in tins and jerricons on bicycle and on their heads. The informant and his other companions who were on duty, chased the aforesaid smugglers and blackmarketeers and out of them they caught Jai Narain Dubey alias Jiratia of village Dharharwa (app...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-05-2002
Reported in : (2002)(81)ECC428
1. The issue involved in these two appeals filed by M/s. A.C.C. Ltd. & M/s. Naveen Projects Ltd. is whether Belt Conveyor System installed in the factory premises of M/s. A.C.C. Ltd. is leviable to Central Excise duty.2. Shri B.L. Narasimhan, learned Advocate, submitted that M/s. Naveen Projects Ltd. (NPL) are engaged in the manufacture of Conveyors; that M/s, A.C.C. Ltd. placed an order for erection and commissioning of 16 Belt Conveyors for material handling at Bilaspur (H.P.); that NPL manufactured the Belt Conveyor and other parts of Conveyors in their factory at Ghaziabad which were cleared on payment of appropriate excise duty; that they procured the other items from other manufacturers and got them supplied directly to the site of A.C.C.; that with the help of these items they fabricated, erected and commissioned the Conveyor System and material handling facilities like gantry with walk-way, railings, structural supports, transfer towers, etc.; that the Conveyor System incl...
Tag this Judgment!Court : Allahabad
Decided on : Feb-05-2002
Reported in : 2002CriLJ2219
M. Katju, J.1. This writ petition has been filed against the impugned detention order dated 23-10-2000 passed under the Cofeposa which is said to have been served on the petitioner on 6-7-2001 vide Annexure-5 to the writ petition.2. We have heard the learned counsel for the parties.3. A perusal of the grounds of detention which has been annexed to the detention order shows that the allegations against the petitioner are that on 4-3-2000 at about 1 a.m. the Custom and Revenue authorities detained four persons including the petitioner travelling in the down train the Gorakhpur railway station. The petitioner and his associates on questioning accepted that they were secretly carrying foreign currency. They were brought to the office of the Reve-nue Intelligence Department, Gorakhpur where these persons took out two bundles of foreign currency each from their person and placed them before the authorities. This consisted of about 42,000 American dollars. These persons stated that they were ...
Tag this Judgment!Court : Chennai
Decided on : Feb-05-2002
Reported in : AIR2002Mad257; (2002)1MLJ580
ORDERB. Subhashan Reddy, C.J. 1. At issue is the constitutionality of the Governmental action in providing rural reservation for admission to professional courses conducted by the Government and self-financing colleges in the State of Tamil Nadu.2. Excepting W.P. No.16595 of 2001 and W.A. No.2624 of 2001 arising therefrom, which relate to admission to law course, all other writ petitions relate to medical admission. The genesis for this litigation is G.O.No.603 (Education), dated 30.8.1996, by which a high level committee was appointed to review the standard of education, basic facilities etc. The high level committee had recommended to the Government to reserve 15% of the seats for the students studying in panchayat schools in rural areas. The premise on which such recommendation was made is said to be the disparity in opportunity in securing admissions to professional courses between the students studying in the schools located in rural areas as compared to that of urban areas. Accor...
Tag this Judgment!Court : Mumbai
Decided on : Feb-04-2002
Reported in : (2002)104BOMLR86
D.S. Zoting, J.1. These are the two criminal appeals preferred by the original accused Nos. 1 and 2 against the order of conviction and sentence passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. 120 of 1993 on 14.2.1995. These two appellants along with one more accused namely Rakeshsingh @ Minty Tukmansing Bhadoriya, aged about 20 years were tried before the Sessions Court for offence punishable under Section 302 r/w Section 120B and in the alternative under Section 302 r/w Section 34 of the Indian Penal Code. Both the appellants along with Rakeshsingh were convicted for the offence punishable under Section 302 r/w Section 120B of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer further R.I. for one year. In addition to the above imprisonment awarded to the appellant Mangalabai, she is also convicted for offence punishable under Sections 194, 210, 203 of the Indian Penal Code an...
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2002
Reported in : 2002CriLJ4040; (2002)4GLR3165
Akshay H. Mehta, J.1. Both these appeals arise from the judgmentdelivered by the Ld. Sessions Judge, Amreli dated30/9/1992 in Sessions Case No. 38/1991. By saidjudgment original accused no. 1 - Gala Kana has beenconvicted for an offence u/S. 302 of the Indian PenalCode (for short 'IPC') and he has been sentenced tosuffer imprisonment for life. He has also been convictedfor offence u/S. 333 of the IPC for which no separatesentence has been imposed. Moreover, he has beenconvicted for the offence u/S. 135 of the Bombay PoliceAct and has been sentenced to suffer RI for three months.The substantive sentences are ordered to runconcurrently. He has, therefore, approached this Courtby filing Criminal Appeal No. 1200 of 1992.1.1. Original accused no.2 - Mitha Kanabhai has beenconvicted for offences u/Ss. 324 and 332 of the IPC readwith section 109 of the IPC and sentenced to suffer RIfor one year. However, he has been granted benefit underthe Probation of Offenders Act on the condition of givin...
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