Court : Rajasthan
Decided on : May-06-2008
Reported in : RLW2008(3)Raj2352
Shiv Kumar Sharma, J.Where can one go?This city has become a jungle,Hither serpants,Thither Mongooses dwell1. Uchchav Lal (since deceased) while subjected Khaju and Pappu, appellants in appeals No. 201/2004 and 401/2007, were indicted for having looted a sum of Rs. 3 lakhs and killing Uchchav Lal, before learned Additional Sessions Judge (Fast Track) Tonk, although Badri Lal and Smt.Kesanta, appellants in appeals No. 930/2003 and 931/2003, were charged under Sections 201 and 412 IPC. Learned Judge convicted and sentenced the appellants vide judgment dated June 2, 2003 thus:Rajendra, Bhanwar Pal, Pyare Lal, Rafeeq, and Khaju: Under Section 302/120B/149 & 396 IPC:Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months.Under Section 307/149 IPC:Each to suffer rigorous imprisonment for seven years and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months.Under Section 326/149 IPC:Each to su...
Tag this Judgment!Court : Guwahati
Decided on : May-06-2008
I.A. Ansari, J.1. The material facts, leading to this writ petition, may, in brief, be set out as follows:(i) The respondent No. 2 herein, namely, Smt. Ratna Chatterjee, had filed an application, under Section 166 of the Motor Vehicles Act, 1988, (in short, 'the M.V. Act'), seeking compensation for the death of her husband, who was killed in an accident, which had taken place, on 9-6-2006, near Medical Charali, at Chagkham, involving the vehicle (Tractor) bearing registration No. AS-06-2635. This claim application gave rise to MAC Case No. 9/2006.(ii) The claimant respondent No. 2 had also made an application, under Section 140 of the M.V. Act, seeking compensation on the basis of the principle of 'No Fault'.(iii) By an order, passed, on 11-9-2006, in MAC Case No. 9/2006, the learned Motor Accident Claims Tribunal, Tezu, directed the respondent No. 3 herein, namely, Sri Rajendra Kumar Lahoti, as owner of the said vehicle, and the present petitioner, as insurer of the said vehicle, to ...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2008
Reported in : 2008BusLR469(SC); (2008)216CTR(SC)289; [2008]301ITR309(SC); 2008(8)SCALE223; 2008AIRSCW4096
S.B. Sinha, J.1. Leave granted.2. Interpretation and/or application of the provisions of Section 115WB of the Income Tax Act, 1961 (for short, 'the Act') providing for imposition of tax on 'fringe benefits' is in question herein.3. Before embarking upon the said question, however, we may notice the basic fact of the matter.Appellant is incorporated under the laws of the Commonwealth of Australia. It is engaged in the business of providing Mobile Offshore Drilling Rig (MODR) along with crew on a day rate charter hire basis to drill offshore wells. The MODR operates offshore (upto 200 nautical miles off the coast of India). Allegedly, having regard to the harsh working environment and purported to be in line with global practices typical to such industry, the employees who may be residents of various countries including Australia, USA, UK, France etc. work on the MODR on a 'commuter basis'. They come to India, stay in the Rig for 28 days and go back to their own country being their place...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-06-2008
Reported in : 2008(2)ShimLC290
Dev Darshan Sud, J.1. This is the landlord's revision against the judgment of the learned Appellate Authority rejecting the appeal of the petitioner-landlady seeking eviction of the respondent-tenant from the demised premises.2. The petitioner instituted eviction proceedings against the respondent on the allegation that the premises were required bona fide for use and occupation by her and her family consisting of her son, daughter-in-law, and two minor grand-children. It was pleaded that she was owner of the suit premises known as Kuldip Niwas, Chhota Shimla. The respondent was in occupation of one room, one kitchen-cum-bath room in the ground floor of the building. In her sworn testimony as PW-1, she proved that her family consisted of herself, her son who was serving in the Indian Army, his wife and two minor children studying in school at Shimla. PW-2 Smt. Vinay Sharma, daughter-in-law of the landlady corroborated the case of the petitioner on all material particulars. She testifie...
Tag this Judgment!Court : Guwahati
Decided on : May-05-2008
Aftab H. Saikia, J.1. Heard Mr. P. Talukdar, the learned Counsel appearing for the Appellant as well as Mr. Z. Kamar, the learned P.P., Assam.2. The legality and correctness of the conviction of the appellant under Section 302 IPC and the sentence to suffer rigorous imprisonment (for short, 'the R.I.') for life and to pay fine of Rs. 500/- in default further 1 month's R.I. so handed down by the learned Additional Sessions Judge, Nagaon in Sessions Case No. 84(N)/88 by judgment and order dated 23.12.1994 have been assailed in this criminal appeal.3. The factual matrix of such conviction and sentence as unfolded by the witness in short compass is that the investigation ensued on the basis of the F.LR. lodged by one Sri Padum Bora, P.W.5 with the Officer-in-Charge, Nagaon Police Station on 07.10.85 wherein it was alleged that his elder brother Sri Pradip Bora (hereinafter referred to as the, 'deceased') when came out to Tinimuri from his home, the appellant way-laid him and caused grievo...
Tag this Judgment!Court : Mumbai
Decided on : May-05-2008
Reported in : (2008)110BOMLR1595
Bilal Nazki, J.1. Special Case No. 1 of 2000 was tried by the Sessions Judge, Pune, who was also a Special Judge for the Maharashtra Control of Organized Crimes Act. Seven accused persons faced trial for the offences under Sections 143, 147, 148, 302, 324 read with Sections 149 and 34 of the Indian Penal Code. They also faced trial for the offences punishable under Section 4 of the Arms Act and Sections 3(1)(i), 3(5) and 3(2) of the Maharashtra Control of Organised Crimes Act. By his judgment and order dated 30th April, 2002 of the learned Sessions Judge, all of them were convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 2,000/- each. They were also convicted for the offences punishable under Sections 143, 147 and 148 of the Indian Penal Code and sentenced to suffer R.I. for one year and fine of Rs. 200/- each. They were also convicted for the offence punishable under Section 4 read with Section 25 o...
Tag this Judgment!Court : Mumbai
Decided on : May-05-2008
Reported in : 2008(4)ALLMR133; (2008)110BOMLR1819
A.A. Kumbhakoni, J.1. Lord Siva in Guru Gita (Skanda Puranam) praises the Universal Guru thus:Gurur Brahma, Gurur Vishnu Gurur Devo Maheshwara Guru Saakshaat Parabrahma Tasmai Sree Gurave Namah.(Guru is Brahma, Guru is Vishnu and Guru is the God Siva. Guru verily is the Param Brahma -- the Supreme Being. I (Siva) salute that auspicious Guru). This is the reason why we Indians bow to Guru -- a TEACHER and place a teacher on a pedestal just below the parents. The character and conduct of a teacher is expected to be more like a `Rishi' and as loco-perentis. We will shortly refer to two Supreme Court judgements in this regard. 2. This occasion to remind ourselves of these expectations as to 'the status and dignity of a teacher' has arisen in view of this petition which is filed by a male teacher against whom such charges are held proved which allege Moral Turpitude and Misconduct by such teacher involving exhibition of immoral sexual behaviour towards girl students of the 1st respondent co...
Tag this Judgment!Court : Allahabad
Decided on : May-05-2008
Reported in : 2008(4)AWC3705
Ashok Bhushan, J.1. These two writ petitions raise similar questions, have been heard together and are being disposed of by this common judgment.Heard Sri Sunil Kumar, learned Counsel for the petitioners and learned standing Counsel appearing for the State-respondents.In view of the order, which is being passed in the writ petition no notices have been issued to respondents No. 4 and 5.Writ Petition No. 13548 of 2008 (hereinafter referred to as the first writ petition) has been filed praying for quashing the order dated 30th April, 2007 passed by the Additional Collector holding that application under Section 198(4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 filed by respondent No. 4 is maintainable and the date was fixed for hearing the parties on merits. Against the order dated 30th April, 2007 a revision was filed by the petitioners, which has been dismissed by the order dated 29th February, 2008.In Writ Petition No. 14110 of 2008 (hereinafter referred to as the second w...
Tag this Judgment!Court : Delhi
Decided on : May-02-2008
Reported in : 2009ACJ2116
V.B. Gupta, J.1. The present appeal has been filed by National Insurance Ltd. against the Interim Award passed under Section 140 of the Motor Vehicles Act, 1988 (for short as the 'Act') dated 12.03.08, by Dr. T.R. Naval, Judge, Motor Accident Claims Tribunal (for short as 'Tribunal'), Karkardooma, Shahdara, Delhi.2. Brief facts are that on 11.02.07, the deceased Sh. Umesh Kumar was going on his cycle, when he reached at National Highway No. 24, near Toll Tax, Gazipur, Delhi, the offending Truck bearing No. RJ-14-2G-7677 hit the deceased from the back side resulting in his death. The accident took place due to rash and negligent driving of the truck driver.3. Appellant in its written statement admitted that offending vehicle was insured with it vide insurance policy which was valid for the period 26.04.06 to 25.04.07.4. Vide impugned order, the Ld. Tribunal has granted interim compensation of Rs. 50,000/- along with interest @ 7% per annum from the date of filing of the petition i.e. 21...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-01-2008
Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520
A.K. Mathur, J.1. Leave granted.2. This appeal is directed against the order dated 17.8.2005 passed by the Calcutta High Court whereby learned Single Judge has set aside the order passed by the Assistant Controller of Patents & Designs, Kolkata dated 20.9.2004 whereby the Assistant Controller has cancelled the registration of the respondent herein and held that there was no material on record to show that the design had previously been applied to glass sheets. It was also held by learned Single Judge that the order impugned considered with the materials on record, including in particular the computer print-outs clearly revealed that the respondent has only compared the pattern and/or configuration considered the visual appeal thereof, but not the visual appeal of the pattern and/ or configuration on the article. In other words, the Assistant Controller has not considered the visual appeal of the finished product. The visual effect and/or appeal of a pattern embossed into glass sheets b...
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