Court : National Green Tribunal Principal Bench New Delhi
Decided on : May-09-2013
Swatanter Kumar, (Chairperson) 1. The Legislature has vested the Central Government with the power to issue directions, in writing, to any person, officer or authority, in exercise of its powers and in performance of its functions under the provisions of Section 5 of the Environmental (Protection) Act, 1986 (for short the Act). Section 5 has two distinct and significant features. Firstly, it opens with a non-obstante clause to give an overriding effect to such directions but such directions have to be subject to the provisions of the Act. Secondly, in explanation to Section 5, the scope of the power to issue directions has been described by use of inclusive language. It extends to issuance of directions even for closure, prohibition or regulation of any industry, operation or process. It further goes to the extent of issuing directions with regard to the stoppage or regulation of the supply of electricity or water or any other services. This wide power has been vested in the Central Go...
Tag this Judgment!Court : Mumbai
Decided on : May-09-2013
Oral Judgment: The appellant herein stands convicted for the offence punishable under Section 22 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and is sentenced to suffer R.I. for a period of ten years and to pay fine of Rs.1 lakh in default S.I. for six months in NDPS Special Case No.116 of 2007 by the Special Judge under NDPS Act for Greater Mumbai, vide Judgment and order dated 24th December, 2009. Being aggrieved by the said judgment and order, the original accused No.1 (hereinafter referred to as "the appellant") has filed the present appeal. 2. Such of the facts, which are necessary for the decision of this appeal, are as follows :- In the intervening night of 5.1.2007 and 6.1.2007, PI Raut working as Senior Police Inspector in Shivaji Nagar Police Station was on a combing operation along with the other police personnel. At about 1.45 a.m. her patrolling party came near Madina Masjid. They saw light i...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-08-2013
Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal is directed against the judgment of the Division Bench of Punjab & Haryana High Court at Chandigarh dated 12.09.2008 in Criminal Appeal No.350-DB of 1998. 2. The case of the prosecution as projected before the Court below was that the deceased Dr. Jasbir Singh was running a chemist shop in the village Wadala Banger, that on 20.08.1996 at 08:00 pm, the cousin of the deceased P.W.2 Gurmeet Singh, along with one Baldev Singh wanted to meet the deceased, that he was proceeding from Kalanaur in his scooter and that near Mir Kachana, near a brick kiln, they found people gathered around on the road and learnt that somebody was murdered. When they went to the spot P.W.2 found that his cousin Dr. Jasbir Singh was found dead with stab wounds and blood was oozing out. He also found the scooter belonging to the deceased lying nearby. He further found 100 rupee currency notes were also lying scattered around the deceased. P.W.2, thereafter, asked ...
Tag this Judgment!Court : Delhi
Decided on : May-08-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:19. 03.2013 Judgment pronounced on:08. 05.2013 1. CRIMINAL APPEAL NO.496/2011 ASHISH @ DANGER Through: Mr. Sumeet (DHCLSC). ..... Appellant Verma, Advocate versus STATE Through:2. ..... Respondent Mr. Sanjay Lao, APP. CRIMINAL APPEAL NO.1076/2010 NAZIM Through: Ms. Saahila (DHCLSC). ..... Appellant Lamba, Advocate versus THE STATE OF NCT OF DELHI ..... Respondent Through: Mr. Sanjay Lao, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. Ashish and Nazim have preferred these appeals against their conviction by the impugned judgment of the Additional Sessions Judge dated 30.03.2010 under Sections 302/34 of The Indian Penal Code, 1860 (IPC) for murder of Vinod. By the order of sentence dated 31.03.2010, the appellants have been sentenced to imprisonment for life for the offence under Section 302/34 and with fine of `5,000/-. In case of default for payment of fine o...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2013
K.S. Radhakrishnan, J. 1. Leave granted. 2. We are in these appeals concerned with an issue of considerable national and international importance, pertaining to the setting up of a nuclear power plant in the South-Eastern tip of India, at Kudankulam in the State of Tamil Nadu. The incidents occurred in Three Miles Island Power Plant USA, Chernobyl, Ukraine, USSR, Fukoshima, Japan, Union Carbide, Bhopal might be haunting the memory of the people living in and around Kudankulam, leading to large-scale agitation and emotional reaction to the setting up of the Nuclear Power Plant (NPP) and its commissioning. The nature of potential adverse effect of ionizing radiation, adds to fears and unrest which might not have even thought of by Enrico Fermi a noble laureate in physics in 1938, who was responsible for the setting up of the first Nuclear reactor in a Doubles quash Court at Slagg Field, at the Chicago University, USA. Since then, it is history, India has now 20 Nuclear Reactors, in place...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2013
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPEALLATE JURISDICTION CIVIL APPEAL No.4440 OF 201.(Arising out of S.L.P. (C) No.27335 of 2012) G. Sundarrajan . Appellant Versus Union of India and others Respondents WITH CIVIL APPEAL No.4441 OF 201.(Arising out of S.L.P. (C) No.27813 of 2012) WITH CIVIL APPEAL No.4442 OF 201.(Arising out of S.L.P. (C) No.29121 of 2012) WITH CIVIL APPEAL No.4443 OF 200.(Arising out of S.L.P. (C) No.32013 of 2012) JUDGMENT K.S. Radhakrishnan, J.1. Leave granted.2. We are in these appeals concerned with an issue of considerable national and international importance, pertaining to the setting up of a nuclear power plant in the South-Eastern tip of India, at Kudankulam in the State of Tamil Nadu. The incidents occurred in Three Miles Island Power Plant USA, Chernobyl, Ukraine, USSR, Fukoshima, Japan, Union Carbide, Bhopal might be haunting the memory of the people living in and around Kudankulam, leading to large-scale agitation and emotional reaction to t...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-2013
Fakkir Mohamed Ibrahim Kalifulla, J. 1. In these appeals the challenge is to the common judgment of the Division Bench of the High Court of Uttarakhand at Nainital dated 14.6.2007 in Criminal Appeal Nos.17, 18, 19, 21, 22, 23, 24, 25 and 95 of 2005. The High Court by the impugned judgment confirmed the conviction and sentences awarded by the trial Court in its judgment and order dated 01.2.2005, in Sessions Case No.156/2002 State v. Soma and Others. The appellants were all convicted for offences under Section 302, 307 read with Section 149 and Sections 147 & 148 of Indian Penal Code (IPC). Each of the accused was awarded the punishment of life imprisonment and fine of Rs.5000/- under Sections 302/149 IPC and seven years rigorous imprisonment and fine of Rs.3000/- under Section 307/149 IPC and one year’s rigorous imprisonment and Rs.1000/- fine under Section 148 IPC and six months’ rigorous imprisonment and Rs.500/- fine under Section 147 IPC. All the sentences were directed...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-2013
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1156 OF 200.Manga @ Man Singh .Appellant VERSUS State of Uttarakhand .Respondent WITH Criminal Appeal No.1157 of 2008 Criminal Appeal No.1158 of 2008 Criminal Appeal No.1159 of 2008 Criminal Appeal No.1160 of 2008 Criminal Appeal No.1161 of 2008 Criminal Appeal No.1162 of 2008 Criminal Appeal No.1163 of 2008 Criminal Appeal No.1164 of 2008 Criminal Appeal No.1165 of 2008 Criminal Appeal No.1166 of 2008 JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.1. In these appeals the challenge is to the common judgment of the Division Bench of the High Court of Uttarakhand at Nainital dated 14.6.2007 in Criminal Appeal Nos.17, 18, 19, 21, 22, 23, 24, 25 and 95 of 2005. The High Court by the impugned judgment confirmed the conviction and sentences awarded by the trial Court in its judgment and order dated 01.2.2005, in Sessions Case No.156/2002 State v. Soma and Others. The appellants were all convicted for of...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-03-2013
In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Appeal not D-760-DB of 2007 ..... Date of decision:3.5.2013 Santokh Singh and another ...Appellants v. State of Punjab ...Respondent .... Coram: Hon'ble Mr. Justice M. Jeyapaul Hon'ble Mr. Justice Inderjit Singh ..... Present: Mr. R.K. Rana, Advocate for the appellants. Mr. B.S. Bhalla, Additional Advocate General, Punjab for the respondent-State. ...... Inderjit Singh, J.This appeal has been filed by appellants Santokh Singh and Gurmilap Singh against the judgment of conviction and order of sentence dated 25.7.2007/26.7.2007 passed by Additional Sessions Judge, (Ad hoc), Fast Track Court, Amritsar, whereby Santokh Singh, accused-appellant No.1 has been held guilty and convicted for the offences punishable under Sections 302, 326, 324 and 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as `IPC') for causing murder of Amolak Singh and Nirmal Singh on two counts and for the offence under Sect...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-03-2013
Dharam Chand Chaudhary, J. Challenge in these appeals is to the judgment dated 8.12.2008, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 20-N/7 of 2007, convicting and sentencing thereby the appellant (in Cr. Appeal No.40/2009), hereinafter referred to as accused No.1, to undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- under Section 302 IPC and in default of payment of fine to undergo further imprisonment for a period of one year; whereas acquitting the respondent (in Cr. Appeal No. 290 of 2009), hereinafter referred to as accused No.2, of the charge under Section 302 of the Indian Penal Code read with Section 34 IPC, by giving him benefit of doubt. 2. The occurrence having taken place on 23.7.2007 in broad daylight around 3.30 p.m. in village Sawana, Tehsil Rajgarh, District Sirmaur, has taken away a precious and valuable human life as the victim, Naresh Kumar succumbed to stab injuries he received on vital part of...
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