Judgment Search Results Home > Cases Phrase: nepali Sorted by: recent Year: 2008 Page 3 of about 424 results (0.009 seconds)

R (on the Application of Jl) (Respondent) Vs. Secretary of State for J ...

Court : House of Lords

LORD PHILLIPS OF WORTH MATRAVERS My Lords, 1. This appeal raises the question of the nature of the investigation that must be carried out by the State whenever a prisoner in custody makes an attempt to commit suicide that nearly succeeds and which leaves him with serious injury. 2. The respondent, who has been referred to as JL, was born in Jamaica on 5 October 1981. He came to this country in May 2002 and, on 18 July 2002, was arrested and charged with possessing cocaine with intent to supply. He was remanded in custody to Feltham Young Offender Institution (“Feltham”). There, on 19 August 2002, he was found hanging from the bars of the window of his cell, having used a sheet to make a noose around his neck. He had stopped breathing, but was resuscitated. Deprivation of oxygen had resulted in serious brain damage. He has been left incompetent to conduct his own affairs. 3. The London Area Manager of the Prison Service initiated an investigation into what had occurred. He ...

Kay (Fc) (Appellant) Vs. Commissioner of the Police of the Metropolis ...

Court : House of Lords

LORD PHILLIPS OF WORTH MATRAVERS My Lords, Introduction 1. The facts of this case raise issues of public importance as to the ambit of section 11 of the Public Order Act 1986. It is unfortunate that both before the Court of Appeal and this House the appellant was content to found his case on one narrow issue that is fact specific and much less significant than the wider issues. Those wider issues were canvassed in argument, though Mr Pannick QC for the respondent made the point that he had not come prepared to deal with them. Your Lordships will on this appeal resolve the narrow issue. I propose however to make some provisional observations on the wider issues so that the effect of the decision in this case is not misconstrued. 2. The appellant is an environmental educator and performing artist who is a regular participant in the monthly Critical Mass Cycle Ride (“Critical Mass”). The nature of Critical Mass is central to both the narrow and the wider issues. It has been a...

Md. Rafique @ Chachu Vs. State of West Bengal

Court : Supreme Court of India

Reported in : 2008(6)LHSC4219

Arijit Pasayat, J.1. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court which by the impugned judgment upheld the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the `IPC') while setting aside the conviction under Section 398 IPC as done by learned Additional Sessions Judge, Alipore, in connection with Sessions trial No. 6 (1) of 1997.2. Prosecution case in a nutshell is as follows:On 1st August, 1996, at about 11.40 in the night the present appellant along with others came in a white Ambassador car having fake number plate in front of the grocery shop under the name and style 'Prabhat Stores' situated at 7/1, Bampass Road, Calcutta-29. The persons who came in the Ambassador car were armed with weapons like pistol, nepala etc. and they entered into the grocery shop and demanded key of the cash box from the proprietor of the shop namely Gulab Mehata (hereinafter referred to as the `dece...

Moorthy Vs. State of Tamil Nadu

Court : Supreme Court of India

Reported in : 2009CriLJ1104

Dalveer Bhandari, J.1. This appeal is filed by Moorthy son of Kuppan against the judgment of the High Court of judicature at Madras in Criminal Appeal No. 377 of 1991 by which the appellant was convicted under section 304 Part I IPC and sentenced to seven years of imprisonment.2. Brief facts of the case which are necessary to dispose of this appeal are as under:-PW1, Palaniammal and her son, Murugan, the deceased in this case were in possession and enjoyment of a porambok land and regarding that there was a dispute at the instance of the accused claiming a right to enjoyment and possession to the said property. Accused 1 and 2 are brothers and the 3rd accused has two young children called Senthil and Subhash. The incident had taken place on 18.5.1988 in the evening at about 4.30 p.m. Even on that morning there was an incident in which the parents of accused 1 and 2 and the wife of the 2nd accused sustained injuries which resulted in a complaint against the deceased and others before th...

A. Syed Hassan Vs. the Principal District Judge,

Court : Chennai

Reported in : (2009)1MLJ7

ORDERV. Dhanapalan, J.1. Petitioner has come forward with this writ petition seeking to set aside the proceedings of the 1st respondent in A. No. 338 of 2002 dated 05.08.2008 and direct the respondents to continue him in service and to regularize his service in the post of Junior Assistant.2.The case of the petitioner, as stated in the affidavit, is as under:The petitioner's father, by name, I.Syed Akbar, who was employed as Head Clerk in the Principal District Munsif Court at Villupuram died on 10.11.2001, while in service. Pursuant to his father's death, the petitioner made an application to the 1st respondent for compassionate appointment as Junior Assistant, as he possessed requisite qualification. After careful consideration of the application made by the petitioner, the 1st respondent herein appointed the petitioner as Junior Assistant in the Principal Sub Court at Tindivanam on compassionate grounds. In pursuance of the order of appointment, the petitioner joined duty on 07.03.2...

Surjit Kaur Vs. Bhupinder Kaur and anr.

Court : Punjab and Haryana

Reported in : AIR2009P& H73; (2009)153PLR469

Rakesh Kumar Jain, J.1. The substantial question of law involved in this appeal is that in case a testator bequeaths his property jointly to two lineal descendants by way of a Will and if one of the legatees dies during the life time of the testator, whether the bequeathed property would be taken away by other surviving legatee in terms of Section 106 of the Indian Succession Act, 1925 (in short 'the Act') or if the legatee dies during the life time of the testator leaving behind his mother as Class-I heir and has no lineal descendant, should the mother take the share of that legatee in view of Section 109 of the Act and whether mother is a lineal descendant.2. The facts firstThe appellant is the mother-in-law of respondent Bhupinder Kaur;Kartar Singh (deceased) had two sons called Ujjagar Singh and Saudagar Singh. Ujjagar Singh had a wife Surjit Kaur and two sons Harinder Singh and Avtar Singh. Harinder Singh had a wife Bhupinder Kaur and a minor son Amritpal Singh, whereas Avtar Sing...

Director of Income Tax Vs. Jindal Drilling and Industries Ltd.

Court : Delhi

Reported in : [2010]321ITR104(Delhi); [2009]182TAXMAN59(Delhi)

Badar Durrez Ahmed, J.1. These two appeals arise out of the common order dated 21.4.2006 passed in IT Appeal Nos 3416 and 3417/Del/2003 in respect of financial years 2000-01 and 2001-02, respectively. The sole issue sought to be raised in these appeals is whether the services rendered by the non-resident company Noble Denton and Associates Ltd, (NDAL), UAE for the transportation and jacking up of rigs, review of design and issuance of suitability certificate is covered under Section 9(1)(vii) read with Explanation 2 thereto or under Section 44-BB of the Income Tax Act, 1961. This is in connection with deduction of tax at source.2. The Tribunal concluded that a reading of the provisions of Section 44-BB as well as Explanation 2 to Section 9(1)(vii) of the said Act clearly showed that the consideration in question paid or payable by the assessee to NDAL for the services rendered was covered by the provisions of Section 44-BB and not by Section 9(1)(vii) of the Act.3. This conclusion of t...

Om Prakash and ors. Vs. State of U.P.

Court : Allahabad

Reported in : 2009CriLJ1677

Saroj Bala, J.1. This Criminal appeal is directed against the judgment and order dated 26-8-1982 passed by the Additional Sessions Judge-I, Bijnor in Sessions Trial No. 337 of 1981 whereby convicting the accused appellant No. 1 Om Prakash under Sections 302 I.P.C. and 307/34 I.P.C. and appellants No. 2 and 3 Jai Prakash and Ram Kumar under Sections 302, 302/34 and 307/34 I.P.C. and sentencing them to rigorous imprisonment for life for the offence under Section 302/34 and five years' rigorous imprisonment for the offence under Section 307/34 I.P.C. All the sentences were to run concurrently. The appeal filed on behalf of accused appellant No. 4 Ganga Ram stood abated vide order dated 9-10-2007.2. The prosecution case as unfolded at the trial was that the first informant Kela Ram (P.W.3) was a peon in Janta Junior High School, Ganjalpur and Suresh Chand (P.W. 1) was the Manager of said school. There was a dispute over the office of Manager between Suresh Chand (P.W.1) and accused appella...

Asif Mamu Vs. State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR2009SC600; RLW2009(2)SC1364; 2008AIRSCW7744; 2008(6)LHSC4251

..... order of acquittal passed by the trial court in sessions trial no. 379 / 1996, whereby, appellants asif mamu and mukhtiyar malik @ javed, besides accused rajiulla khan and sheru @ sher khan nepali [in short 'asif', mukhtiyar', 'rajiulla' and 'sheru', respectively] were acquitted. criminal appeal no. 718 of 2007 arises out of the said common judgment of conviction passed by the high court .....

Zalewska (Ap) (Appellant) Vs. Department for Social Development (Respo ...

Court : House of Lords

LORD HOPE OF CRAIGHEAD My Lords, 1. By the Treaty on Accession that was signed in Athens on 16 April 2003 an agreement was entered into for the accession on 1 May 2004 of 10 new member states to the European Union, including the Republic of Poland. The European Union (Accessions) Act 2003 made provision for the Accession Treaty to be implemented into domestic law. One of the issues that the Accession Treaty addressed in the case of the acceding member states other than Cyprus and Malta (“the A8 states”) was the freedom of movement for workers which is guaranteed by article 39 of the Treaty establishing the European Community (“article 39EC”). The accession of Cyprus and Malta, on account of their small size, was not seen as being likely to overload the labour markets of the 15 existing member states. But it was decided as an integral part of the Treaty to lay down conditions as to access to their labour markets by nationals of the A8 states. 2. Part 2 of Annex ...