Court : Rajasthan
Decided on : Feb-13-2008
Reported in : RLW2008(3)Raj1890
Guman Singh, J.1.In this appeal, appellants have challenged the judgment dated November 11, 2002 of the learned Additional District & Sessions Judge, (Fast Track), No. I, Bharatpur whereby each of appellants Navlaram, Kapoor Chand, Amit Kumar @ Ummed, Baldev, Balveer and Dalveer were convicted and sentenced as under:Under Section 302/149 IPC,to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months.Under Section 307/147 IPC,to suffer rigorous imprisonment for four years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.Under Section 325/149 IPC,to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.Under Section 148 IPC,to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.Under Section 323 IPC,to suffer rigorous imprisonment for six mon...
Tag this Judgment!Court : Guwahati
Decided on : Feb-13-2008
H. Baruah, J.1. Heard Mr. V. K. Jindal, learned Counsel for and on behalf of the appellant, M/s. Oriental Insurance Co. Ltd. and also heard Mr. H. Mongkhlaw, learned Counsel for and on behalf of the respondent.2. The appellant, M/s. Oriental Insurance Company Ltd. by presenting this instant appeal has challenged the legality and correctness of the judgment and order dated 28-5-2007 passed in MAC Case No. 13/2007 by the learned Member, MACT, Shillong.3. An accident took place at Ryngdang-briew under Umiam Police Station, Ri-Bhoi District on Guwahati Shillong Road of 24-12-2004 at 7-45 p.m. and in the said accident a Maruti Car being registration No. ML 05C-5768 belonging to respondent No. 1 herein got damaged on being hit by a Truck bearing registration No. TR IC-1592 belonging to respondent No. 2 herein. The owner, respondent No. 1 as claimant filed an application under Section 166 of the MV Act, 1988 seeking compensation for the damage caused to his vehicle from the insurer of the Tr...
Tag this Judgment!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 : Delhi
Decided on : Feb-12-2008
Reported in : 2008CriLJ4632; 149(2008)DLT591
S. Muralidhar, J.1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seek the quashing of criminal complaints filed against the plantation companies by the Securities and Exchange Board of India (SEBI) for offences under Sections 11B, 12(1-B) read with Section 24 of the Securities and Exchange Board of India Act, 1992 (`SEBI Act') read with Regulations 5(1), 68(1), 68(2), 73 and 74 of the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999 (`CIS Regulations'). These petitions raise common questions of law and are, thereforee, being disposed of by this common judgment.2. In the early 1990s, a large number of plantation companies came to be incorporated. Each of them promised attractive returns to persons prepared to invest their monies in what were known as 'collective investment schemes'. When it transpired that many of these schemes were in fact non-starters, and the investors were not getting back their monies, th...
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-07-2008
Anima Hazarika, J.1. Heard Mr. N. Chakravorty, learned Counsel for the appellant. Also heard Mr. D. Das, Additional Public Prosecutor, Assam.2. The accused appellant has questioned the legality and validity of the judgment and order dated 30-4-2002 passed under Section 366/376(1) IPC in sessions case No. 46(D-M) 1998 by the learned Sessions Judge, Darrang, Mangaldoi, convicting the accused appellant under Section 366 IPC and sentencing him to suffer RI for 4 years and to pay a fine of Rs. 1,00/-, in default, further RI for 2 months. The appellant was further convicted under Section 376(1) IPC and sentenced to suffer RI for 7 years and to pay a fine of Rs. 3,000/- in default, further RI for 2 months.3. The prosecution case In brief is that an FIR dated 5-1-98 has been lodged by one Smti Narmada Bhuyan, mother of the victim girl alleging that in the afternoon of 2-1-98 the victim girl was on the road at Tangla Town where she was intercepted by the accused. The accused appellant took her...
Tag this Judgment!Court : Delhi
Decided on : Feb-06-2008
Reported in : [2008]143CompCas541(Delhi); (2008)3CompLJ242(Del); [2009]89SCL137(Delhi)
ORDERS. Muralidhar, J.1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeking the quashing of criminal complaints filed against several plantation companies by the Securities and Exchange Board of India (SEBI) for offences under Sections 11B, 12(1-B) read with Section 24 of the Securities and Exchange Board of India Act, 1992 (`SEBI Act') read with Regulations 5(1), 68(1), 68(2), 73 and 74 of the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999 (`CIS Regulations'). These petitions raise common questions of law and are, thereforee, being disposed of by this common judgment.2. In the early 1990s, a large number of plantation companies came to be incorporated. Each of them promised attractive returns to persons prepared to invest their monies in what were known as 'collective investment schemes'. When it transpired that many of these schemes were in fact non-starters, and the investors were not getting back thei...
Tag this Judgment!Court : House of Lords
Decided on : Feb-06-2008
LORD BINGHAM OF CORNHILL My Lords, 1. On 23 April 1997 in the Crown Court at Worcester each of the appellants was convicted by a jury of causing grievous bodily harm with intent contrary to section 18 of the Offences against the Person Act 1861. For that offence each was sentenced to 12 years’ imprisonment. The first appellant received a concurrent sentence for another offence and the second appellant received a consecutive sentence of 2 years’ for other offences, making a total sentence in his case of 14 years’. For the purposes of this appeal, referred to the Court of Appeal by the Criminal Cases Review Commission, it is accepted that when the trial of the appellants began in April 1997, although leave to prefer voluntary bills had previously been given on two occasions, there was no signed indictment before the Crown Court. The evidence at the trial ended on Friday 18 April. On Monday 21 April 1997 the appellants were arraigned on an additional (but alternative) co...
Tag this Judgment!Court : House of Lords
Decided on : Feb-06-2008
LORD HOPE OF CRAIGHEAD My Lords, 1. I have had the advantage of reading in draft the speeches of my noble and learned friends, Lord Scott of Foscote and Baroness Hale of Richmond. I am grateful to Lord Scott for setting out the facts and the procedural history and to Baroness Hale for her explanation of the wider context in which the legislation that we are concerned with needs to be viewed. For the reasons Baroness Hale gives I would allow the appeal and make the order that she proposes. 2. The question is whether the phrase “the whole or a substantial part of any premises in which the flat is contained” in section 47(2)(b)(ii) of the Leasehold Reform, Housing and Urban Development Act 1993 enables the landlord, unconstrained by their existing state, to identify the premises by drawing his own line around the tenant’s flat in support of his counter-notice or whether it refers to the existing and objectively recognisable state of the premises. No direct assistance can...
Tag this Judgment!Court : House of Lords
Decided on : Feb-06-2008
LORD BINGHAM OF CORNHILL My Lords, 1. For the reasons given by my noble and learned friend Lord Hope of Craighead, with which I agree, I would dismiss this appeal. LORD HOPE OF CRAIGHEAD My Lords, 2. In April 2007 two European arrest warrants were issued by the Circuit Court of Legnica for the extradition of the appellant to Poland. The decisions on which the warrants were based were orders by Judge Bartlomiej Treter for the appellant to be arrested for the purpose of serving custodial sentences which had been imposed on him by the District Court in Lubin after his conviction for various offences and which had become final. The validity of each warrant falls to be determined under Part 1 of the Extradition Act 2003. This is the measure by which the United Kingdom has transposed into national law the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/548/JHA; OJ 2002 L 190, p1). Poland was designated as a ca...
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