Court : Mumbai Nagpur
Decided on : Sep-22-2014
..... provisions of section 2 (e) of the mcoc act in particular fell for consideration of full bench of this court in the case of state of maharashtra...versus...jagan gagansingh nepali @ jagya and another, reported in 2011 all mr (cri) 2961. the reference to the larger bench arose on account of difference of opinion between two division benches of this court ..... ) mh.l.j. (cri.) 322. [6] shoraj singh ahlawat and others .vs. state of u.p. and another, 2013 cri.l.j. 331. [7] state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, 2011 all mr (cri) 2961. [8] govind sakharam ubhe .vrs. state of maharashtra 2009 (3) mh.l.j. (cri.) 131. 13. insofar as the submission regarding the ..... the act would not stand attracted. the learned counsel also placed reliance on a full bench decision of this court in the case of state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, 2011 all mr (cri) 2961 in support of the submission that the prosecution is obliged to establish the prior existence of an organised crime syndicate indulging in ..... is the offence contemplated under the said act. reliance is then placed on the division bench decision of this court in the case of state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, reported in 2011 all mr (cri) 2961 in order to submit that mere allegations about filing of more than one chargesheets, in respect of offence/s with .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-25-2014
..... .r sadhanantham vs. arunachalam and anr, air 1980 sc 856 (xi) kishan singh vs. the king emperor, air 1928 pc 54 privy council (xii) state of maharashtra vs. jagan gagansingh nepali, criminal appeal no.20 of 2011. 17. a number of arguments based on the principles of interpretation of statutes have also been advanced by him, and in support thereof, he ..... has placed reliance on the following reported decisions. (i) state of maharashtra vs. jagan gagansingh nepali, 2011(3) bom.c.r. (cri) 790. (ii) state of kerala vs. mathal verghese and ors, air 1987 sc 33 (iii) balaram kumawat vs. union of india (uoi) and ors .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2014
..... of maharashtra (2007) (1) bom.c.r. (cri.) 26. vii] state of maharashtra v. rahul ramchandra taru criminal appeal no.239 of 2011. viii] state of maharashtra v. jagan gagansingh nepali @ jagya criminal appeal no.20 of 2011. 14. the aforesaid judgments relied upon by the learned counsel for the appellant can be classified into two broad categories i.e. scope .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-25-2014
..... violations of arms act, the findings recorded by the special judge do not warrant any interference.178. however, the argument raised is that yusuf nepali was not the part of the conspiracy of hijacking of aircraft and that his retracted confessional statement, does not disclose that he was part of ..... mumbai) under ticket no.31191460, which tallies with the ticket recovered from his possession. the appellant has also stated in his confession that yusuf nepali was made to travel as informed by abdul rauf.170. the appellant made calls to bbc on the instructions of abdul rauf is again established ..... .c. for recalling the witnesses for cross- examination. the revision was preferred by abdul latif, which was decided on 23.04.2004. accused yusuf nepali and bhujel have accepted the order passed by the learned trial court. such application was filed when their writ petition challenging the convening of court in ..... referred to as a-1 to a-10 respectively.3. the appellants namely abdul latif and bhujel are the indian nationals, whereas appellant yusuf nepali is a national of nepal. all other accused are the pakistan nationals and are proclaimed offenders.4. the brief facts leading to the present ..... bhola 5. shakir @ rajesh gopal verma @ r.g.verma @ farooq abdul aziz siddiqui @ shankar 6. abdul latif adam momin 7. bhupal man damai @ yusuf nepali 8. abdul rauf brother of masood azhar 9. yusuf azhar @ mohd. salim sister's husband of masood azhar 10. dilip kumar bhujel all the aforesaid ten accused .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-2014
..... pushpinder singh @ noni was arrested by the police party on the identification of mohinder singh. therefore, there was no need of identification parade qua him. regarding vishal arya @ sonu nepali and sukhjit singh @ kaka, they were certainly not previously known to the complainant. they were shown to the complainant in the police station and identified in the court. therefore, ..... but remaining three accused were not known. no identification parade was arranged. the mere identification in the court is meaningless. moreover, mohinder singh has admitted that vishal arya (nepali) and sukhjit singh were shown to him in the police station and there is no reason why their identification parade was not organized. we are of the view that so ..... .p.c., accused pushpinder singh @ noni stated that he is innocent and has been falsely implicated. the remaining accused kulwinder singh @ kinda, sukhjit singh @ kaka, vishal arya @ sonu nepali and malkiat singh also took the similar plea. in defence, accused examined nirmal kaur (dw1) and closed the evidence. after hearing the learned additional public prosecutor for the state, learned ..... kuldip singh, j. this judgment will dispose of cra no.d-765-db of 2009, filed by accused/appellants pushpinder singh @ noni, kulwinder singh @ kinda, vishal arya @ sonu nepali and sukhjit singh @ kaka against the judgment and order dated 10.8.2009, passed by the learned additional sessions judge, jalandhar, vide which the accused kulwinder singh @ kinda was convicted .....
Tag this Judgment!Court : Sikkim
Decided on : Mar-27-2014
..... of enmity and hatred amongst the two above mentioned communities. the wordings and the intent as contained in the news article is provocative in nature and as it is a nepali newspaper widely circulated in the state of sikkim there is every likelihood of breach of peace and tranquility. the imputation as made in the news article in question that ..... communities in publishing the offending article. as per him, it was an article having relevance to the social issues of the time authored by one mr. duknath napal, editor of nepali newspaper, namely, sangrila times. the letter written by the deputy director, department of information and public relations, government of sikkim to the editor of the newspaper, hamro prajashakti objecting ..... only with one published on 24-04-2008 as the other one was not found to be incriminating by the trial court, a finding which remained unchallenged. 3. in the nepali newspaper, hamro prajashakti in its issue dated 24-04-2008, an article titled aaj dharamshalama tala lagayo bholee rangpoko gatema tala lagauncha dhikkar cha aaphno matoma aurulai dharamshala banauna ..... been alleged that the respondent no.1 who is the editor and publisher sikkim social empowerment association vs. shri anjan upadhyaya and another of local dailies, namely, hamro prajashakti in nepali and himalayan mirror in english had indulged in publishing various offending news articles which tended to promote feelings of enmity or hatred or ill-will between sikkimese and non-sikkimese .....
Tag this Judgment!Court : Delhi
Decided on : Jul-30-2014
..... named laxmi and sheela lived nearby and laxmi had an issue with rajbala concerning rajbala spreading in the neighbourhood that she had seen laxmi in a compromising position with a nepali boy. that apart, before asi om prakash entered the scene, the first police personnel to have met rajbala was ct.ramesh pw-22, on duty at the casualty of the ..... -3 deposed that sunita was her elder sister. her mother s name was rajbala. she knew laxmi and sheela. her mother had seen laxmi in a compromising position with a nepali boy and this was the reason for the strained relationship between her mother and laxmi. on september 20, 1995 she and her sisters sunita and shyama were in their house ..... these were not the clothes worn by her mother at the time of incident.8. on bring cross-examined she said that she did not know the name of the nepali boy with whom laxmi was having illicit relations. she said that she was 15 years old when her mother died. she said that besides her babita and shyama, her sisters ..... she knew the accused since they were distantly related to them. her mother rajbala had strained relations with laxmi because she had seen laxmi in a compromising position with a nepali boy. she deposed that on september 20, 1995 she was present in her house at 1:45 pm and so was her sister and her brother. laxmi and sheela came .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-2014
..... was informed by the superintendent mr. patil to contact mr. s.a. khan and proceed to kalpak estate, antop hill where they would find ajay kumar das @ ajay nepali. accused no.5 ajay nepali was apprehended by the police. p.w. 1 identified all the accused in the court and also identified the articles seized in the course of investigation. he also .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-19-2014
..... was served upon the petitioner, when was posted as incharge of the police post barwala levelling allegations that a small child of about two years of age, a son of nepali labourer working at a poultry farm known as amit poultry farm, barwala, who had fallen in the water tank and died, when information in this regard was received by the ..... reached there for taking necessary action. a compromise was got arrived at between the owner of amit poultry farm, namely, nitin garg and the father of the deceased child, a nepali labourer, named ramdev, where a sum of `60,000/- was paid by the owner of the poultry farm to the labourer, who was allowed to go away to an unknown .....
Tag this Judgment!Court : Sikkim
Decided on : Aug-11-2014
..... -chief gets diminished when he states "since i am illiterate i cannot read the contents of the affidavit in evidence filed by me i also cannot write in nepali although i can sign in nepali", and gives rise to grave suspicion on the veracity of the evidence on affidavit affirmed on 27-11 2009 and its confirmation on 18-02-2010. (vii .....
Tag this Judgment!