Court : Delhi
Decided on : Nov-03-2015
..... of them pointed out the place of incident. accused satender @ satte had stated in his disclosure statement that he had purchased a knife having a hole for firm grip of finger, while sushil @ jalebi had a daantedaar knife. they saw a nepali looking man passing from near sewa nagar railway crossing hearing songs on his mobile. they planned to rob his mobile. ram singh @ aarami stopped him and demanded his mobile phone and on being refused, he took him .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-01-2015
..... has not conclusively been identified by any one.12. the learned counsel for the appellant has said that even the seizure list witness for exihibit 2/5, doman ram has said that for the items of hmt watch, full sweater and one nepali khukri, it was not read over to him , as to what was written. hence he had signed on it, he did not know what was written and hence this witness is unreliable and he cannot be used to convict promod kumar verma.13. the learned counsel ..... , so it would have much credibility 18. regarding p.w.9, doman ram, he in his deposition stated that his signature is on the seizur list, exhibit no. 2/5, in which the hmt watch, full sweater and nepali khukri or dagger is mentioned. in his deposition he further stated that one watch and one knife were recovered from the house of pramod kumar verma and also adds that the seizure list was made in front of his house which is the distance of 15-20 .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-07-2015
..... in paragraph 18 of the examination in chief that brij came to india departing hong kong in 1980-1981. she had smuggled in some diamonds. she was caught by the custom authorities and detained. there was a criminal prosecution. brij absconded from india and arrived in dubai on a nepali passport in april, 1981. that passport bearing no.025152 was issued on 26th april, 1981 valid up to 25th april, 1983. pushpa has produced a photocopy of the passport of brij showing her name as brij maya sharma marked exh ..... be with brij. brij has not refuted the passport altogether. brij has, however, claimed that the documents produced by pushpa were stolen by pushpa whilst she was living in dubai. this could be during the period 1974-1975 or thereafter. the copy of her nepali passport shows that it was issued on 26th april, 1981 and was valid till 25th april, 1983. it bears one uae stamp in arabic language which cannot show the date on the same as it is not translated. this is during the period that brij .....
Tag this Judgment!Court : Delhi
Decided on : Apr-16-2015
..... yadav vs. state of maharashta , 2003 bomcr (crl.) 1606, state of maharashtra vs. shantilal shah , (2008) 13 scc5 mahipal singh and ors. vs. cbi & anr. , 2012 lawsuit (del.) 1261; state of maharashta vs. jagan gagansingh nepali , 2011 (5) mhlj386 state vs. satya prakash , crl. m.c.no.2138/2010 decided on 03.11.2011(delhi); sachin bansilal ghailal, umesh mohan kirve vs. state of maharashta , 2014 lawsuit (bom .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-15-2015
..... that insurgency is a grave disturbance of public order and, therefore, the question of pecuniary advantage was not needed where promotion of insurgency formed the basis for prosecuting the appellants under mcoca. on 'other advantage', learned asg relied upon state of maharashtra v. jagan gagansingh nepali @ jagya -2011 (5) mh.l.j.386. mr. mariaarputham, learned senior counsel appearing for the state of maharashtra and nia after referring to the accusations against the accused submitted that going by the allegations and the gravity of the offence, they are not entitled for bail .....
Tag this Judgment!Court : Kerala
Decided on : Dec-23-2015
P.R. Ramachandra Menon, J. Dismissal of the Insurance cases filed by the appellants/educational institutions before the Employees Insurance Court under Section 75 r/w Sec. 77 of the Employees Insurance Act (for short Act ) for a declaration that their Institutions are not liable to be covered under the Act; that no contribution is liable to be paid by them under any circumstance; that Teachers are not liable to be considered as employees as defined under Section 2(9) of the Act and thus seeking to set aside the notice/proceedings issued by the authorities of the ESI Corporation, is the subject matter of challenge in all these cases preferred under Section 82 of the Act. In some of the cases, violation of Article 30(1) of the Constitution of India, for intruding into the minority status/rights is also projected as a ground for interference. 2. One of the main contentions raised in these appeals is as to the incompetency on the part of the authorities concerned to proceed with further st...
Tag this Judgment!Court : Kerala
Decided on : Dec-23-2015
Shaffique, J. 1. All these writ petitions have been referred to this Court by a common reference order dated 6/8/2015 wherein the learned Single Judge having considered the matter in detail and answering certain issues, expressed doubt regarding the power of Central Board of Secondary Education (for short 'CBSE') to reduce the limitation period for correcting the date of birth in the mark sheet by one year, by observing that the period of five years have been specified based on a concession made before a Division Bench of this Court. 2. All these writ petitions were filed by separate writ petitioners claiming that the CBSE and the respective Principals/Headmasters of the school should be directed to correct the date of birth in the mark sheet and the registers maintained by the said authorities, as the date of birth appearing in the Register maintained by the local authority is different. 3. The short facts in WP(C) No.1362/2015 are: The petitioner was born at Abudhabi, United Arab Emi...
Tag this Judgment!Court : Mumbai
Decided on : Dec-22-2015
Dr. Shalini Phansalkar-Joshi, J. 1. The Appellants, who are convicted by the 3rd Ad-Hoc Additional Sessions Judge, Mumbai, by Judgment and Order dated 31st March 2009 in Sessions Case No.745 of 2007, for the offence punishable under Section 302 r/w. 34 of IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- each, in default to suffer R.I. for three months, by this Appeal challenge their conviction and sentence. 2. Brief facts of the Appeal can be stated as follows:- PW-1, the Informant Farida Shaikh is the sister-in-law of deceased Mohammad Rafiq. On 12th June 2007, at about 5:00 pm,, when she had taken her niece Heena for hair-cut to Goodluck Hair Cutting Saloon and was standing in front of the said Saloon, she saw her brother-in-law deceased Mohammad Rafiq was coming from his house on the motorcycle. At that time four persons, coming from the opposite direction, intercepted him and assaulted him with sharp-edged weapons like knives. Due to the assault, Moha...
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2015
1. These appeals are directed against the impugned judgment and order on sentence dated 09.8.2012 and 18.8.2012 respectively wherein out of the four appellants three of them namely Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand were convicted for the offences punishable under Sections 323/342/304/34 of the IPC as also under Section 218 read with Section 109 of the IPC. The fourth appellant K.K.Arora had been convicted for the substantive offence under Section 218 of the IPC. Accused Jagmal Singh Yadav had died during the course of trial and the proceedings stood abated against him. The maximum sentence imposed upon Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand was RI for a period of 10 years. This was for their conviction under Section 304 of the IPC. Each of them had also been sentenced to pay a fine of Rs.25,000/- which was to be paid by way of compensation to Kashmiri Devi, widow of the deceased Gopi Ram. In default of payment of compensation they were to undergo SI...
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2015
Dr. S. Muralidhar, J. 1. These two appeals, one by the Revenue and the other by the Assessee, under Section 260 A of the Income Tax Act 1961 ('Act') are directed against the common order dated 13th January 2014 passed by the Income Tax Appellate Tribunal ( ˜ITAT') in ITA No. 426/Del/2013 for the Assessment Year ( ˜AY') 2008-09. The issue 2. These appeals concern the issue of transfer pricing ( ˜TP') adjustment in relation to the incurring of advertisement, marketing and sales promotion ( ˜AMP') expenses by the Indian entities involved in international transactions with their respective foreign associated enterprises ( ˜AEs'). The case of the Revenue is that the arm's length price ( ˜ALP') of the AMP expenses incurred by the Indian entity i.e the Assessee is required to be determined since it has been using, for marketing and promotion or otherwise the brand of its foreign AE and that the incurring of such AMP expenses, while enuring to the benefit of...
Tag this Judgment!