Court : Supreme Court of India
Decided on : Jan-08-2013
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.928 OF 200.Rishipal Appellant Versus State of Uttarakhand Respondent JUDGMENT T.S. THAKUR, J.1. This appeal arises out of a judgment and order dated 27th August, 2008 passed by the High Court of Uttarakhand at Nainital whereby Criminal Appeal No.298 of 2001 filed by the appellant has been partly allowed. The High Court has while setting aside the conviction and sentence awarded to the appellant under Section 302 IPC upheld his conviction for offences punishable under Sections 171, 201 and 420 IPC and the sentence awarded by the trial Court for these offences. The High Court has further convicted the appellant for an offence punishable under Section 365 IPC and sentenced him to undergo rigorous imprisonment for a period of seven years on that count.2. The facts giving rise to the arrest and eventual conviction of the appellant have been set out by the High Court at length. We need not, therefore,...
Tag this Judgment!Court : Chennai
Decided on : Jan-08-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :08. 01.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN Writ Petition No.31921 of 2012 M.S.Arasa Kumar ... Petitioner. vs. 1.The Government of Tamilnadu, rep. by its Chief Secretary, Secretariat, Chennai-600 009. 2.The Secretary to Government, Public Works Department, Secretariat, Chennai-600 009. 3.The Chief Engineer, Highways Department, Government of Tamilnadu, Chennai. 4.The Divisional Engineer (H) Chennai City Road, Government of Tamilnadu, No.394/4, Anna Salai, Saidapet, Chennai-600 015. ... Respondents Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus forbearing the Respondents from erecting any Arch on Rajaji Salai and Kamarajar Salai (Beach Road), Chennai including erection of Tamilnadu Assembly's Diamond Jubilee Memorial Arch. For Petitioner : Mrs.C.Dakshayini Reddy for Mr.D.Suresh For Respondents : Mr.A.Navaneetha Krishnan Advocat...
Tag this Judgment!Court : Kerala
Decided on : Jan-08-2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 8TH DAY OF JANUARY 2013 18TH POUSHA 193 WP(C).No. 2894 of 2010 (J) -------------------------- PETITIONER(S): ------------- 1. KAMALASANAN, S/O.GOPALAN P.K., AISWARYA BHAVAN, ERUMELY NORTH VILLAGE KANJIRAPPILLY, KOTTAYAM.2. THEVAN, S/O.CHOTHI, KOTTANKUDIYIL HOUSE, OORAMANA P.O., MUVATTUPUZHA ERNAKULAM.3. THANKAPPAN M.P., S/O.THEVAN, MUKKATHUPARAMBIL, THIRUVANKULAM, KANAYANNUR TALUK ERNAKULAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): -------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES, ERNAKULAM SOUTH BRANCH, ERNAKULAM.2. THE BRANCH MANAGER, KSFE LTD., ERNAKULAM SOUTH BRANCH, ERNAKULAM.3. THE SPECIAL DEPUTY TAHSILDAR(R.R.), KSFE LTD., ERNAKULAM SOUTH BRANCH, ERNAKULAM-18.4. THE MATERIAL SUPERINTENDENT, MATERIAL ORGANISATION, NAVAL BASE, KOCHI-4.5. N.C.THOMAS, S/O.AJUSTHY CHACKO, NARAKATHARA VEEDU, ELAMKULAM VILLAGE, ERNAKULAM. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-08-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR Cri. Appeal No.2279/1996 Killu, aged 50 years, son of Baldeva Kachhi, Resident Of Village Jaitpur, P.S. Kishangarh, Distt. Chhatarpur Appellant vs. State of M.P., through SHO P.S. Kishangarh, Distt. Chhatarpur Respondent .. Shri Shyam Vishwakarma, Advocate for the appellant. Shri Ajay Tamrakar, P.L. for respondent-State. JUDGMENT (8/1/13) The appellant stands convicted under Section 8 read with 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1 lakh and in default, to suffer R.I. for 2 years. Corresponding judgment dated 12.12.1996 passed by Special Judge (under the Act), Chhatarpur, in Special Case No.36/96 is the subject matter of challenge in this appeal.2. Prosecution story, in short, is that on 9/3/1996 at about 12.30 p.m., on being informed that appellant was involved in an illegal cultivation of opium poppy on the field lo...
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-08-2013
Oral Judgment: (V.M. Kanade, J.) Heard learned Counsel appearing on behalf of the petitioners and learned Counsel appearing on behalf of the respondents. 2. By this petition under Article 226 of the Constitution of India, the reliefs claimed by the petitioners in para (A), are as under : "(A) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Respondent Nos.1 to 5 to take appropriate action in the matter of illegal constructions/activities being carried out by the Respondent Nos.6 and 7, viz.:- (a) The installation and operation of Restaurant in the basement of Building Nos.22, 23 and 24; (b) The installation and commencement of Outdoor Restaurant and tandoori kitchen in the open spaces as indicated in Photograph at "ANNEXURE D"; (c) The illegal construction and storage of L.P.G. Cylinders therein as indicated in Photograph at "ANNEXURE C"; (d) Construction of Building Nos.33 and...
Tag this Judgment!Court : Chennai
Decided on : Jan-07-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 07.01.2013 Coram:- The Hon'ble Mr. Justice T.RAJA Writ Petition No.8187 of 2002 R.Dhanabalan ... Petitioner vs.1. Neyveli Lignite Corporation Ltd, through Chairman cum Managing Director.2. Director, Planning & Projects, Neyveli Lignite Corpn, Ltd, 3. J.L.Mehta, Director (Planning & Projects), Respondents 1 to 3 having office at Neyveli Lignite Corporation Ltd, Corporation Office, Block 1, Neyveli. ... Respondents Writ Petition under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus as stated therein. For Petitioner : Mr.R.Singaravelan For Respondents : Mr.N.A.K.Sarma The present writ petition has been filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus to call for the records relating to the order in Memo not D (P&P) C 21/SM/2002, dt.14.02.2002, passed by the 2nd respondent, quash the same and consequently direct the respond...
Tag this Judgment!Court : Kerala
Decided on : Jan-07-2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE K.HARILAL MONDAY, THE 7TH DAY OF JANUARY 2013 17TH POUSHA 193 MACA.No. 1018 of 2009 (G) ------------------------- OPMV.729/2004 of THE PRL. M.A.C.T.,KOZHIKODE APPELLANT(S): ------------ NABEEL.N.K., AGED 2 YEARS, S/O.ABOOBACKER, NIYAS MANZIL, AZHCHAVATTOM P.O. MANKAVU, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): -------------- 1. P.K.NAZEER, S/O.MAMMED KOYA, PUTHIYA PATTAM THARIPARAMBA, 23/1802, PANNIYANKARA KALLAI, KOZHIKODE-673 003.2. U.SATHEESHAN, S/O.CHEKU, UPPUTHANU HOUSE, MANARIPADAM, P.O.KALLAI KOZHIKODE DISTRICT.3. NEW INDIA ASSURANCE CO.LTD., THRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. BY ADV. SRI.K.C.SANTHOSHKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan & K. Harilal, JJ.=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= M.A.C.A. No. 1018 of 2009 =-=-=-=-=-=-=...
Tag this Judgment!Court : Mumbai
Decided on : Jan-04-2013
The Petitioner has applied for Letters of Administration with the Will of the deceased Prakash Ramji Chawande annexed thereto. The Petitioner is the sole beneficiary under the Will of the deceased. The deceased has left his wife, son and daughter as his heirs and legal representatives. The wife filed a Caveat and has claimed that the Will is forged and fabricated. 2. The Petitioner is stated to be the second wife of the deceased, however that contention is irrelevant since the Petitioner is the beneficiary under the Will of the deceased. It would be for the Petitioner to prove the valid execution and attestation of the Will by the deceased. The Testamentary Court is not concerned with the relationship of the parties when the Will is proved. However the wife of the deceased Caveatrix herein alleged that she was the first wife of the deceased. That aspect has been admitted by the deceased in his Will as also by the Plaintiff in this Petition. 3. Based upon the pleadings the following iss...
Tag this Judgment!Court : Delhi
Decided on : Jan-04-2013
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:04. 01.2013 CRL. A. 388/1997 HARGIYAN SINGH ... Appellant ... Respondent versus STATE Advocates who appeared in this case: For the Appellant For the Respondent /State : Mr Avadh Bihari Kaushik, Amicus Curiae with Mr Pankaj Kumar and Mr Prakash Chandra : Ms Richa Kapur CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MS JUSTICE VEENA BIRBAL JUDGMENT BADAR DURREZ AHMED, J 1.This appeal is directed against the judgment dated 09.04.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No.105/1996 arising out of FIR No.232/1990 under Section 302 IPC registered at police station Nand Nagri. By virtue of the said judgment, the appellant Hargiyan has been convicted for the murders of Smt. Rukmani and Mohd Sharif and the appellant has been held guilty of the offence punishable under Section 302 IPC. He was also convicted for the offence punishable under Section 27 of the Arms Act, 1959. This appe...
Tag this Judgment!Court : Kerala
Decided on : Jan-04-2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 4TH DAY OF JANUARY 2013 14TH POUSHA 193 Bail Appl..No. 9310 of 2012 (C) ------------------------------------------ (CRIME NO.1973/12 OF KATTAPPANA POLICE STATION, IDUKKI DISTRICT) PETITIONER/ACCUSED --------------------------------- ROY, AGED 4 YEARS, S/O. M.G.MATHEW, NYAVALLIL HOUSE, KATTAPPANA KARA, UDUMBANCHOLA TALUK (CONDUCTOR OF HOLLY FAMILY BUS) BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENTS/STATE: ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 031. (CRIME NO.1973/12 OF KATTAPPPANA POLICE STATION, IDUKKI DISTRICT) 2. STATION HOUSE OFFICER, KATTAPPANA POLICE STATION, IDUKKI DISTRICT 508. (CRIME NO.1973/12 OF KATTAPPANA POLICE STATION, IDUKKI DISTRICT) BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M...
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