Court : Patna
Decided on : Feb-12-2008
..... officials. after observing paraphernalia search of the bag was made and it was found that it was carrying photo frame of goddess durga, on removing the photo 11 pockets of nepali charas measuring 5 kjg. was found there. initially the accused denied his knowledge about the article which was seized but later on confessed. the prosecution report dated 26.6.1992 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-08-2008
Reported in : 2008(1)ALD(Cri)712; 2008(3)ALT74; 2008(2)ALT(Cri)339; 2008CriLJ3432; 2008(2)KLT941
..... /o. late jasbeen singh sadana has submitted a representation stating that her husband sardar jasbeen singh sadana was brutally murdered by his brother pramjit singh sadana (a1) along with his nepali servants a2 to a5 on the intervening night of 27/28.04.2006 at her residence. she also stated that the entire case depends on circumstantial evidence and the police ..... complainant alleged that her husband sri jasbir singh was murdered on the intervening night of 27/28.04.2006, and she suspected her servants namely a2 to a5, who are nepalies, to be the culprits. during the course of investigation, she gave a statement that she suspected that the brother of the deceased (petitioner in w.p. no. 21851 of 2007 .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-14-2008
..... in section 160(1) of the regulations and such persons are the cultivators belonging to plains tribals, hills tribes, tea garden tribals, santhals, scheduled castes, nepali cultivator - graziers. that being the position, the action of the authorities by keeping in mind the constitutional scheme, the necessary provisions having made for adequate ..... sub-section (l) of the said section of the regulation.cultivators pertaining to the following classes, namely plains tribals, hill tribes, tea garden tribals, santhals, nepali cultivator - graziers and scheduled caste.sd/- s.j. duncan,secy to the govt. of assam, finance& revenue department.14. after issuance of the aforesaid notification ..... and occupation of other classes of persons as enumerated in the notification dated 5.12.1947, namely plains tribals, hill tribes, tea garden tribals, santhals and nepali cultivator - graziers. in view of the aforesaid facts situation, the submissions made by mr. deka has no legs to stand. consequently, i have no .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-10-2008
LORD SCOTT OF FOSCOTE My Lords, 1. I have had the advantage of reading in draft the opinions on this appeal of my noble and learned friends Lord Rodger of Earlsferry and Baroness Hale of Richmond and am in full agreement that, for the reasons they give, this appeal should be dismissed. There are two matters, however, on which I want to add a few words of my own. In doing so I gratefully adopt and need not repeat Baroness Hale’s outline of the facts and of the relevant legislative background to the issues. 2. The first matter on which I want to comment is the locus standi of the respondent, the adult daughter of Mrs Savage, the deceased, to have instituted the action that has led to this appeal. Following Mrs Savage’s self-inflicted death, an inquest was held into the causes and circumstances of her death. The inquest was held in public, the investigation by the coroner into the circumstances and causes of the death was a full one - no one has suggested that it was in any re...
Tag this Judgment!Court : House of Lords
Decided on : Dec-10-2008
LORD HOFFMANN My Lords, 1. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Hope of Craighead. For the reasons he gives, with which I agree, I too would dismiss these appeals. LORD HOPE OF CRAIGHEAD My Lords, 2. On 10 January 2003 Shaun Riley was working in the course of his employment with the first appellant, Chargot Ltd, at Heskin Hall Farm, near Chorley in Lancashire. Extensive works were being carried out on the farm, which was owned by the Ruttle Group of companies. The second appellant, Ruttle Contracting Ltd, a member of the group, was the principal contractor. The third appellant, George Henry Ruttle, was a director of the first appellant. He was also the second appellant’s managing director. The works included the construction of a car park. This required the excavation from the site of a quantity of topsoil. A dumper truck was then used to move the spoil over a distance of about 500 yards to a depression in a field, beside whi...
Tag this Judgment!Court : Chennai
Decided on : Dec-05-2008
Reported in : 2009(241)ELT338(Mad)
ORDERS. Nagamuthu, J.1. A Notification bearing No. 25 (Re-2007)/2004-2009 dated 29.08.2007 issued by the second respondent / Director General of Foreign Trade and Ex-Officio Additional Secretary to the Government of India in exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as 'the Act') read with paragraph 2.1 of the Foreign Trade Policy - 2004 - 09 is under challenge in all these writ petitions. All the writ petitions were heard together and they are disposed of by means of this common order. 2. The petitioners in all these writ petitions are either importers or traders of betel nuts. They claim that they are in the practice of importing betel nuts in substantial quantities every year from South East Asian countries like Indonesia and Thailand. According to them, they can conveniently import the same through anyone of the ports on the Eastern Cost. But, the respondents issued the impugned Notification, there...
Tag this Judgment!Court : Allahabad
Decided on : Dec-04-2008
Reported in : (2009)226CTR(All)606
Satish Chandra, J.1. Heard Sri A.M. Tripathi, learned Counsel for the petitioner and Sri D.D. Chopra, learned Counsel for the respondents.2. The present writ petition has been preferred against the impugned order dt. 9th March, 2004, passed by the CIT under Section 12A of the IT Act, 1961, where he has cancelled the registration granted earlier on 1st April, 1999, for being a charitable institution.3. Brief facts giving rise to the present writ petition, are that the petitioner is a society registered under the Societies Registration Act. 1860, bearing registration No. 290 of 1995. The petitioner, hereinafter known as the assessee, has applied for registration under Section 12A of the IT Act being a charitable institution. The opposite parties have granted registration on 1st April, 1999. Further, the exemption was also granted under Section 80G of the IT Act on 10th May, 1999.4. A survey was conducted at the business premises of the assessee under Section 133A of the Act on 20th Sept....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-2008
Reported in : 2009CriLJ942; 2008(15)SCALE400; 2008(6)LHSC4383; AIR2009SC958; 2009AIRSCW25
Lokeshwar Singh Panta, J.1. Both these appeals arising out of the common judgment and order dated 09.12.2005 passed by the Division Bench of the High Court of Judicature at Allahabad in Government Appeal No. 2004 of 1981, were heard together and shall stand disposed of by this common order. By the impugned order, the High Court while setting aside the judgment of acquittal dated June 5, 1981 recorded by the Additional Sessions Judge, Hamirpur, in Sessions Trial No. 293 of 1980, convicted the accused under Section 302 read with Section 149 and Section 148 of the Indian Penal Code and sentenced them to imprisonment for life and two years' rigorous imprisonment respectively.2. Brief facts of the case are that Subedar Singh (P.W. 1) has got three sons, namely, Jai Karan Singh, Shiv Karan Singh and Ram Karan Singh. P.W. 1 lodged F.I.R. (Ex. Ka.1) on 24.07.1980 at 6:15 a.m. at Police Station, Sumerpur situated at a distance of about 15 kms. from village Patyora, alleging therein that in the ...
Tag this Judgment!Court : Chennai
Decided on : Dec-01-2008
A. Kulasekaran, J.1. The facts involved in the cases on hand is as follows:(i) The first respondent herein is Steel Authority of India (SAIL), which is registered as a government company under the provisions of Companies Act in which 85% shares are held by the Government of India and 15% shares are held by public. The second respondent namely Salem Steel Plant (SSP) is an unit of the first respondent, which was set up by the first respondent for production of stainless steel.(ii) The first respondent issued tender notice E/08 dated 13.03.2007, hereinafter referred to as first tender, inviting sealed tenders for establishment of new Cryogenic Air Separation Plant (ASP) in the premises of Salem Steel Plant on Build-Own-Operate (BOO) basis and supply Oxygen, Nitrogen and Argon gases on long term basis to steel melting shop (SMS) being put up under expansion. The first respondent appointed the fifth respondent as Consultant-cum-Project Manager. The tender floated on 13.03.2007 was opened o...
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-2008
Reported in : 2009(239)ELT427(All)
Satish Chandra, J.1. This appeal has been filed by the Department under Section 130 of the Customs Act, 1962 against the Order No. 1792-93/04-NB (S) dated 3.12.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in Appeal No. C/85-186/04-NB (S).2. We have heard Sri Rajesh Singh Chauhan for the appellant and Sri Anand Mohan for respondents.3. The brief facts of the case are that the Preventive Officer of the Customs on the basis of specific information, on 24.12.1999, have intercepted a Maruti Gypsy No. UGE-9446 on Lucknow-Barabanki Highway near Safedabad Railway Crossing. There were three persons in the Gypsy. One Raj Kumar Sharma was driving the Gypsy, while two other occupants namely Shambhu Nath and Lal Bahadur, the respondents, were sitting in the vehicle. Both were residents of district Mathura. On enquiry, both respondents have admitted that they were having silver of foreign origin in the vehicle and told that they were travelling from Gorakhpur to Mat...
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