Court : Singapore Supreme Court
Decided on : Mar-13-2014
Chao Hick Tin JA (delivering the grounds of decision of the court): 1. These were two related appeals brought by the accused person (hereinafter referred to as "the Appellant") and the Public Prosecutor, respectively, following a trial and the finding of guilt by the High Court judge ("the Judge") against the Appellant on three sexual offence charges and the acquittal of the Appellant of a single charge of impersonation under s 170 of the Penal Code (Cap 224, 2008 Rev Ed) ("s 170" and "the Code" respectively). CCA No 7 of 2013 ("CCA 7") was the Appellant's appeal against the convictions found against him as well as the sentences imposed. CCA No 8 of 2013 ("CCA 8") was the Public Prosecutor's appeal against the acquittal. 2. At the conclusion of the hearing, we dismissed CCA 7 but allowed CCA 8 and convicted the Appellant on the charge of impersonation. We now give our reasons. The Charges 3. The charges which were brought against the Appellant were as follows: 1st Charge: [You, the Ac...
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Mar-11-2014
Chan Wei Sern, Paul AR: 1. The plaintiff is a Singapore citizen who for many years carried on business activities in Malaysia. As a result of unsatisfied personal guarantees which he issued in favour of Malaysian companies, two separate judgments were rendered against the plaintiff by the High Court of Malaya in Kuala Lumpur. The rights to these judgments were subsequently transferred to the first defendant. On the basis of one of these judgments, the 1st defendant petitioned for the plaintiff to be adjudged a bankrupt in Malaysia. On the basis of the other, the 1st defendant applied for the plaintiff to be adjudged a bankrupt in Singapore. On both counts, the 1st defendant was successful and the plaintiff was declared a bankrupt in Malaysia and Singapore in turn. In respect of the Singapore bankruptcy, the 2nd, 3rd and 4th defendants were appointed as private trustees to act in place of the Official Assignee. 2. The plaintiff now seeks to annul the Singapore bankruptcy order. To persu...
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-25-2014
Choo Han Teck J: 1. The plaintiff is a Chinese woman married to a German of Caucasian descent. They have a son conceived in 2006 through an assisted fertilisation procedure commonly known as In-Vitro Fertilisation or "IVF" for short. In October 2010 the plaintiff delivered a daughter (named "Baby P" in this action) also conceived through IVF. When the IVF procedure was carried out in respect of Baby P, a mistake was made and the plaintiff's egg was fertilised with the sperm of a third party male ("the Donor") instead of the sperm of the plaintiff's husband. The plaintiff sued the defendants in the tort of negligence and breach of contract. 2. The first defendant is the company that owned the second defendant, which was the medical centre in which the IVF procedure was carried out on the plaintiff. The third defendant was the embryologist who was responsible for the collection and storage of the bottle containing the plaintiff's husband's sperms. The fourth defendant was the Chief Embry...
Tag this Judgment!Court : UK Supreme Court
Decided on : Feb-19-2014
1. The facts of this case can fairly be described as exotic, but very few of them are relevant to the present appeal. Dr Williams claims to be the victim of a fraud instigated by the Nigerian State Security Services which occurred in 1986. His case is that he was induced to serve as guarantor of a bogus transaction for the importation of foodstuffs into Nigeria. In connection with that transaction, he paid $6,520,190 to an English solicitor, Mr Reuben Gale, to be held on trust for him on terms that it should not be released until certain funds had been made available to him in Nigeria. Dr Williams says that in fraudulent breach of that trust, Mr Gale, knowing that those funds were not available to him in Nigeria, paid out $6,020,190 of the money to an account of the Central Bank of Nigeria with Midland Bank in London, and that he pocketed the remaining $500,000. The Central Bank is said to have been party to Mr Gale's fraud. The Bank applied for an order setting aside the permission gi...
Tag this Judgment!Court : Patna
Decided on : May-16-2014
1. This appeal has been preferred by the appellant Rajiv Singh against the judgment of conviction dated 21.10.2011 whereunder, he has been found guilty for an offence punishable under Sections 304B, 201, 498A of the I.P.C. and sentence dated 25.10.2011 directing to undergo rigorous imprisonment for ten years under Section 304B of the I.P.C., rigorous imprisonment for two years as well as also slapped with fine appertaining to Rs. Five thousand in default thereof, to undergo simple imprisonment for one month additionally under Section 201 of the I.P.C., rigorous imprisonment for two years as well as also fined Rs. Five thousand in default thereof, to undergo S.I. for one month additionally, under Section 498A of the I.P.C. with a further direction to run the sentences concurrently. 2. After hearing both sides as well as going through the record, certain admitted fact is to be taken note of for better appreciation. Appellant Rajiv Singh happens to be the husband of Rani Archana Sinha (so...
Tag this Judgment!Court : Patna
Decided on : Apr-30-2014
Anjana Prakash, J. 1. The Appellants of Cr. Appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 IPC and sentenced to death and also under Section 394 IPC and 27 of the Arms Act and sentenced to ten years and two years respectively with a fine of Rs.5,000/- . Death Reference is in regard to the same Appellants. Criminal Appeal No. 379 of 2013 and Government Appeal 19 of 2013 have been preferred by the Informant against the acquittal of initial accused Kamlesh Jha. The said Judgment was delivered by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial 441 of 2011 on 9th April, 2013. 2. The Fard-byan of Ram Pukar Rai, P.W-3 recorded at 8.20 P.M. at the place of occurrence, i.e. Soni Fuel Petrol Pump at Nehra, P.S. Manigachhi, Distt. Darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 P.M. when he was checking the Diesel on the Tanker the nephew of the owner Jai Ram Choudhary i.e. Ashwani Kr. Chaudhary (deceased) and Daya Shankar Roy (decea...
Tag this Judgment!Court : Patna
Decided on : Apr-25-2014
I.A. Ansari, J. 1. By the judgment, dated 29.07.2009, passed, in Sessions Trial No. 261 of 2003, by learned Additional Sessions Judge V, Rohtas at Sasaram, the appellant, Shivji Sah, stands convicted under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959. Following his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Shivji Sah, has been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for six months. Consequent upon his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Shivji Sah, has been sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for one month. The sentences have been directed to run concurrently. 2. The case of the prosecution may, in brief, be described thus: (i) Bharat Sah (since deceased) was brother of...
Tag this Judgment!Court : Patna
Decided on : Apr-24-2014
1. Appellant, Dinesh Das has been found guilty for an offence punishable under Sections 22(C) of the NDPS Act vide judgment dated 28.02.2012 and sentence to undergo RI for 10 years as well as fined of Rs. 1 Lac in default thereof, to undergo SI for two years vide order dated 29.02.2012 by 2nd Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in Kangli P.S. Case No. 18/2010 has preferred this appeal. 2. Ganke Atwa, a SSB Constable filed a written report on 03.07.2010 before Officer-in-charge, Kangli P.S. alleging inter alia that on the same day at about 5.30 a.m., SSB Hawildar No. 9187147, Wamsi Atwa on getting confidential information, along with constable, Narendra Pd. Dewari, K. Pawalingam, Prashant Goswami, Tumo Kamdak came near Kangli railway halt at about 6:00 a.m. where they found one person standing west to road near tea stall of Jainuddin Mian in suspicious state and on account thereof, was apprehended. Local inhabitants were requested to become seizure lis...
Tag this Judgment!Court : Patna
Decided on : Apr-02-2014
1. In spite of repeated calls, none turns up to represent the appellant. However, Shri Mrityunjay Kumar, learned Advocate has volunteered himself to assist the Court as Amicus Curiae and is acclaimed. 2. Sole appellant, Ram Dayal Rai has been found guilty for an offence punishable under Sections 148 IPC, 323/149 IPC, 448/149 IPC, 379/149 IPC, 307 of the IPC and 27 of the Arms Act and sentenced to undergo RI for one year, RI for six months, RI for six months, RI for one year, RI for seven years as well as fined of Rs. 5000/- in default thereof, to undergo RI for six months additionally, RI for five years as well as fined Rs. 2000/- in default thereof, to undergo RI for three months respectively with a further direction to run the sentences concurrently vide judgment of conviction dated 17.01.2012 and sentence dated 21.01.2012 passed by 1st Additional Sessions Judge, Banka in connection with Sessions Trial No. 390/1999, challenged the same under present appeal. 3. PW-6, Vijay Rai who als...
Tag this Judgment!Court : Uttaranchal
Decided on : Mar-12-2014
1. Appellants Rampal, Moni Sharma, Satis and Somdutt have assailed the judgment and order of conviction dated 2.7.2002 rendered against them by the Additional Sessions Judge/Ist F.T.C., Roorkee in Sessions Trial No. 284/95, State v. Rampal and 3 Others. The said trial pertains to Police Station Gangnahar, Crime No. 113/95. All these accused persons were tried for the offences of Section 452, 307, 323, 324, 504 IPC. Trial culminated into their conviction for the offences of Section 452 and 307/34 IPC. They have been appropriately sentenced by the Trial Judge. 2. The backdrop of the prosecution version as disclosed in the FIR is that Rampal Kashyap, resident of Nayi Basti, Shyam Nagar, Roorkee intruded in the house of injured Mulkraj along with his some companions. They started to beat Mulkraj. Seeing the occurrence, his daughter Ms. Geeta Saini (informant) and his father raised alarm. Meanwhile, Rampal Kashyap stabbed the knife blow in the abdomen of her father while his other companion...
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