Court : Delhi
Decided on : Jan-22-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :16. h DECEMBER, 2013 DECIDED ON :22. d JANUARY, 2014 + CRL.A. 768/2000 MADAN LAL Through : ....Appellant Mr.Jitendra Sethi, Advocate with Mr.Rajesh Kaushik & Mr.Hemendra Jailia, Advocates. versus THE STATE (GOVT. OF NATIONAL CAPITAL TERRITORY) OF DELHI .Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Madan Lal (the appellant) questions the legality and correctness of a judgment dated 17.11.2000 of learned Addl. Sessions Judge in Sessions Case No.499/96 arising out of FIR No.214/85 PS Subzi Mandi by which he was held guilty for committing offence punishable under Section 307 IPC. By an order dated 23.11.2000, he was awarded RI for three years with fine ` 5,000/-.2. Allegations against the appellant were that on 29.04.1985 at about 09.45 P.M. in front of house No.10621, Gali No.6, Andha Mugal, he inflicted injuries to Tara Chand in an attempt to murder him. During the course of investigatio...
Tag this Judgment!Court : Delhi
Decided on : Aug-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : July 07, 2014 Judgment Pronounced on : August 12, 2014 + CRL.A. 1172/2012 BUBAY @ MAYA Represented by: ..... Appellant Mr.Sidharth Agarwal Advocate with Mr.Kumar Vaibhav, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP SI Roshan Lal, PS Nangloi CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.1. Bubay @ Maya is a transgender. She was living with Ramu as his wife in a room at No.RZ-C-213, Ambika Enclave, Nihal Vihar, Nangloi, Delhi. Ramu was earning his livelihood by plying a cycle rickshaw. On February 22, 2008 he died due to haemorrhagic shock occasioned by excessive bleeding. The place where he received the injury was the room in which he resided with Maya. The injury was caused with the knife Ex.P-5. Maya was present in the room when Ramu was stabbed.2. Post mortem report of the dead body of Ramu was conducted on February 23, 2008 by Dr.Man...
Tag this Judgment!Court : Chennai
Decided on : Feb-06-2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:06. 02.2014 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.No.37980 of 2003 A.Pavadai ... Petitioner Versus 1. The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi, Villupuram.2. The Superintendent of Police, Villupuram, Villupuram District.3. The Station House Officer, Chinna Salem Police Station, Chinna Salem, Kallakurichi Taluk, Villupuram District.4. The Station House Officer, Attur Police Station, Attur, Salem District.5. The Correspondent, St. Little Flower Higher Secondary School, Chinna Salem, Kallakurichi Taluk, Villupuram District.6. The State of Tamil Nadu, rep., by its Secretary to Government, Home Department, 7. The State of Tamil Nadu, rep., by its Secretary to Government, Education Department, Fort St. George, Chennai 600 009. ... Respondents [Respondents 6 and 7 are impleaded, vide order of this Court, dated 04.07.2012, in W.P.M.P.No.226 of 2012]. Writ Petition filed under Article 226 of Constitution of...
Tag this Judgment!Court : Delhi
Decided on : Mar-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: March 24, 2014 + CRL.A. 316/1998 NARESH GUPTA ..... Appellant Through: Mr. Anurag Jain, Advocate Versus STATE (NCT OF DELHI) Through ..... Respondent Mr. Sunil Sharma, APP for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J.1. Challenge in the present appeal is the impugned judgment dated and order on sentence dated 30.07.1998 passed by the learned Additional Sessions Judge whereby the appellant has been held guilty for committing an offence punishable under Section 302 of Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo life imprisonment together with fine of Rs.5,000/- and in default of payment of fine, the appellant was directed to further undergo RI for a period of six months.2. The case of the prosecution in brief, can be summarized as under:On 24.06.1984 at about 6.55 p.m., SI Ashutosh was handed over a copy of the DD Report...
Tag this Judgment!Court : Delhi
Decided on : Dec-01-2014
$~R-101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA5692005 Reserved on 21st November, 2014 Delivered on 1st December, 2014 INDIAN AIRLINES Through ..... Appellant : Mr. Amit K. Pateria, Adv. Versus ANGELIQUE INTERNATIONAL LIMITED & ANR..... Through : None ..... Respondents CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.1. During the course of hearing, learned counsel for the appellant has canvassed that wrong delivery of goods will fall within the ambit and scope of Clause 18 of the Carriage by Air Act, 1972 (the Act, for short), thus, suit for recovery of `6,46,800/- filed by the respondent No.1 against appellant was barred by time, having been filed after two years of loss of goods, in view of Rule 29 of the first Schedule and Rule 30 of the second Schedule to the Act.2. By placing reliance on M/s. Vij Sales Corporation vs. Lufthansa Airlines, 1981 2 ILR (Del) 749, which was later on followed in Old Village Ind. Vs. British Airways 1991 RLR443 trial court, in the context of...
Tag this Judgment!Court : Mumbai
Decided on : Dec-15-2014
S.C. Dharmadhikari, J. 1. Rule. Respondents waives service. By consent, Rule made returnable forthwith. 2. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner, a practicing advocate prays for the following reliefs:- (a) Declare the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of India and/or section 66 of the Finance Act, 1994 and/or be pleased to strike down the said provisions as ultra vires, arbitrary and violative of Articles 13, 14, 19(1)(g), 246, 265 and 268A of the Constitution of India. (b) Issue a writ, order of direction in the nature of certiorari or any other writ, order or direction of like nature, quashing section 71(A)(5)(d) of the Finance Act, 2011. (c) Issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, restraining the Respondents themselves, by their servants, ag...
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-2014
Oral Judgment Smt. V.K. Tahilramani, J. 1 The appellant-original accused has preferred this appeal against the judgment and order dated 28.11.2011 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.490 of 2008. By the said judgment and order, the learned Additional Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and fine of Rs.2000/-, in default RI for 3 months. 2 The prosecution case briefly stated, is as under: (i) The deceased Govind alias Rajesh Thapa was the husband of Nirmala. He along with his wife and two children were residing at Indrayani Darshan Colony, Dehu Road, District-Pune. Deceased Govind was serving as wireman in Military Engineering Services, Dehu Road. Appellant was the brother of deceased Govind. Appellant was jobless and was addicted to liquor. (ii) The incident had taken place on 3.4.2008. Deceased Govind came home at about 10 p.m. After completing dinner, Govind went out of his house as usu...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.562 OF2012Assam Sanmilita Mahasangha & Ors. ...Petitioners Versus Union of India & Ors. ...Respondents WITH WRIT PETITION (CIVIL) No.274 OF2009Assam Public Works ...Petitioner Versus Union of India & Ors. ...Respondents WITH WRIT PETITION (CIVIL) No.876 OF2014All Assam Ahom Association & Ors. ...Petitioners Versus Union of India & Ors. ...Respondents JUDGMENT R.F. Nariman, J.1. A Prophet is without honour in his own country. Substitute 'citizen' for 'prophet' and you will get the gist of the various writ petitions filed under Article 32 of the Constitution of India assailing Section 6A of the Citizenship Act.2. It all began when the Burmese ceded Assam to the British on 24th February, 1826 as per the treaty of Yandabo, thus bringing to an end Ahom rule in Assam which had begun sometime in the 13th century. The British annexed Assam and placed it as an administrative unit of the Bengal Province...
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.383/1998 Reserved on:10. h January, 2014 Date of Decision:24. h January, 2014 % CHANDER PAL SINGH ..... Appellant Through Mr. K.B. Andley, Sr. Advocate with Mr. M.L. Yadav, Advocate. Versus STATE OF DELHI ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CRIMINAL APPEAL No.450/1998 ANGREJ SINGH ..... Appellant Through Mr. L.K. Passi, Advocate. Versus STATE ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P.MITTAL SANJIV KHANNA, J.: The appellants Chander Pal Singh and Angrej Singh by the impugned judgment dated 19th August, 1998 stand convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Harvinder Kataria on 13th May, 1994 at about 9.30 P.M. According to the prosecution, Chander Pal Singh had inflicted injury on the chest of the deceased with a kripan, while Angrej Singh, the conductor restrained h...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-15-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.400 OF2012National Legal Services Authority Petitioner Versus Union of India and others Respondents WITH WRIT PETITION (CIVIL) NO.604 OF2013JUDGMENT K.S. Radhakrishnan, J.1. Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex. Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the societys unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change.2. We are, in this case, concerned with the grievances ...
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