Court : Chhattisgarh
Reported in : AIR2008Chh57
ORDERDhirendra Mishra, J.1. These revision petitions are being disposed of by this common order as the subject-matter of the dispute involved in these petition is identical and common questions of law are involved for adjudication of these petitions.2. In Criminal Revision No. 49/07 the report was lodged by Chhattisgarh Electricity Board (for brevity 'the Board') against the non-applicant No. 2 on 31-3-2006 regarding theft of electricity on 23-2-2006 and accordingly, Crime No. 227/06 for the offence punishable under Sections 126 and 135 of the Electricity Act, 2003 (in short 'the Act of 2003) was registered and charge-sheet was filed in the Court of Special Judge, Bilaspur. The Special Judge by the impugned order dated 26th September, 2006 passed in E. Cr. Case No. 4/06 allowed the application of the non-applicants for the present and discharged the non-applicants with liberty to the Board that it can take proper action in accordance with law.3. In Criminal Revision No. 573/06 on the r...
Tag this Judgment!Court : House of Lords
LORD BINGHAM OF CORNHILL My Lords, 1. In December 2002 the appellant, the Mersey Care National Health Service Trust, as managers of Ashworth Hospital, implemented a written policy governing the seclusion of patients detained at the hospital. The issue in this appeal is whether that policy is unlawful, either because it is inconsistent with the domestic law of England and Wales or because it fails to comply with the European Convention on Human Rights. Sullivan J at first instance held the policy to be lawful in both respects: [2002] EWHC 1521 (Admin). For reasons given in a judgment of the court delivered by Hale LJ, the Court of Appeal (also including Lord Phillips of Worth Matravers MR and Latham LJ) declared the policy to be unlawful: [2003] EWCA Civ 1036, [2004] QB 395. In this appeal the Trust challenges that decision. Its legal submissions are supported by the Secretary of State for Health as an interested party. Mr Colonel Munjaz seeks to uphold the Court of Appeal decision. His...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
1. M/s Hissar Medical Diagnostic & Hospitals Limited filed Bill of Entry No. 105274 dated 06.11.1992 for import of one Toshiba make TCT 300S Whole Body CT Scanning machine. It was cleared on 12.11.1992 without payment of duty on the strength of customs duty exemption certificate issued by the Directorate General of Health Services under Notification No. 64/88-Cus dated 01.03.1988. Show cause notice dated 24.5.1997 was issued to M/s Hissar Medical Diagnostic & Hospitals Limited that they were required to submit the installation certificate from Directorate General of Health Services within a reasonable period and no such certificate was produced by them demanding duty of Rs. 79,11,176/-. This show cause notice is still said to pending for decision.2. To check the fulfillment of other conditions prescribed under Notification No. 64/88-Cus dated 01.03.1988, the office of the Accountant General (Audit), Haryana conducted an audit of this Hospital on 04.10.1996 and submitted their ...
Tag this Judgment!Court : US Supreme Court
Washington v. Glucksberg - 521 U.S. 702 (1997) OCTOBER TERM, 1996 Syllabus WASHINGTON ET AL. v. GLUCKSBERG ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-110. Argued January 8, 1997-Decided June 26,1997 It has always been a crime to assist a suicide in the State of Washington. The State's present law makes "[p]romoting a suicide attempt" a felony, and provides: "A person is guilty of [that crime] when he knowingly causes or aids another person to attempt suicide." Respondents, four Washington physicians who occasionally treat terminally ill, suffering patients, declare that they would assist these patients in ending their lives if not for the State's assisted-suicide ban. They, along with three gravely ill plaintiffs who have since died and a nonprofit organization that counsels people considering physician-assisted suicide, filed this suit against petitioners, the State and its Attorney General, seeking a declaration that the ban is, on ...
Tag this Judgment!Court : House of Lords
LORD SCOTT OF FOSCOTE My Lords, 1. I have had the advantage of reading in draft the opinions on this appeal of my noble and learned friends Lord Rodger of Earlsferry and Baroness Hale of Richmond and am in full agreement that, for the reasons they give, this appeal should be dismissed. There are two matters, however, on which I want to add a few words of my own. In doing so I gratefully adopt and need not repeat Baroness Hale’s outline of the facts and of the relevant legislative background to the issues. 2. The first matter on which I want to comment is the locus standi of the respondent, the adult daughter of Mrs Savage, the deceased, to have instituted the action that has led to this appeal. Following Mrs Savage’s self-inflicted death, an inquest was held into the causes and circumstances of her death. The inquest was held in public, the investigation by the coroner into the circumstances and causes of the death was a full one - no one has suggested that it was in any re...
Tag this Judgment!Court : Punjab and Haryana
CRM not M-17772 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (221) CRM not M-17772 of 2011 (O&M) Date of decision:31. 07.2013. Gurdavinder Singh and another ......Petitioners Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.B.D.Sharma, Advocate for the petitioneRs.Mr.Deep Singh, DAG, Punjab. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.28 dated 07.05.2011 under Sections 342, 343, 344 and 420 of the Indian Penal Code, 1860 (in short IPC).registered at Police Station Kambo, District Amritsar Rural and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the FIR in question has been registered on the basis of secret information that the petitioners were running unauthorized de- addiction center in the name and style of Navjeevan Drug Sandeep Sethi 2013.08.05 10:39 I ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2000)(117)ELT97Tri(Mum.)bai
1. This is the party's appeal against the above captioned impugned order dated 23-7-1998 praying for setting aside the same, with deemed suitable relief.1. The facts of the case in brief are that the appellant imported a consignment of Teletherapy unit - Theratron 980C valued at Rs. 45,38,597 (assessable value) and filed Bill of Entry No. 9293/23-8-1989 claiming duty free clearance under Notification No. 64/88-Cus., dated 1-3-1988 by furnishing NMIC and CDEC No. NMI/ENGG/389/88/506, dated 23-8-1989 and Z-37011/ 16/88-MG, dated 21-10-1988. The goods were allowed clearance without payment of duty. Department found that the appellant failed to produce installation certificate in terms of para 4(iii) of the notification, and so goods were liable to confiscation under Section 111(o) of Customs Act. Jurisdictional authority was requested to seize the same. It was found by it (jurisdictional authority) that the imported goods was found in the treatment room of the Importer's premises. Under ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023NSC857 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 7175 OF2021CPL ASHISH KUMAR CHAUHAN (RETD.) APPELLANT(S) VERSUS COMMANDING OFFICER & ORS. RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. The present civil appeal challenges an order of the National Consumer Disputes Redressal Commission, New Delhi1 (hereafter, Commission). The application by CPL Ashish Kumar Chauhan (hereafter, appellant) for compensation was dismissed by the Commission. The Commanding Officer, 171 Military Hospital is arrayed as the first Respondent; the Medical Officer at the 171 Military Hospital (171 MH) is the second respondent; the Principal Director, Directorate of Air Veterans is impleaded as the third respondent; the Commanding Officer of the South Western Air Command (Gandhinagar HQ) is arrayed as fourth respondent, and the Senior Medical Officer at the said Military facility is impleaded as the fifth respondent. The first, second and fifth 1 In Consumer Compla...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2002)(83)ECC630
1. This matter has been referred to the Larger Bench in terms of majority order reading as under: 65. In terms of majority order, all the above noted appeals are referred to Hon'ble President for constituting a Larger Bench to decide various issues involved in these group of appeals as noted by Member (Technical), Shri Lajja Ram in his differing order which has been concurred to by Shri Jeet Ram Kait, Member (Technical). The Larger Bench shall also consider the final order which is required to be passed in respect of each of the appellants noted above.2. In the majority order there is a request for deciding various issues involved in the appeals as noted by Member (Technical) Shri Lajja Ram in his differing order.3. Shri Lajja Ram in his differing order which is in para 24 at a page 108 is reproduced as under: 24. The main issue for consideration and decision in these group of appeals relating to alleged violations of the conditions as laid down in the Customs Exemption Notification N...
Tag this Judgment!Court : Mumbai
Reported in : [2000]70ITD330(Mum)
ORDERR. V. Easiwar, J M. A group of migrants, in the aftermath of partition, led by Mr. Parmanand Deepchand Hinduja came and settled in Bombay. They felt the need for medical care. These persons banded together and on account of their efforts, a small outdoor clinic was opened in December 1951. In February 1953, the clinic was converted into an indoor hospital with 30 beds which was progressively increased to 70. In 1954, the persons who started the clinic in a small way, formed a society which was named the 'National Health and Education Society'. It was registered under the Societies Registration Act on 13-4-1954. In 1963 a new 100 bed hospital was commissioned in the same plot of land. Gradually this 100 bed hospital increased its activities and in 1972 ventured into medical research. The research institution also came to be recognised by the Government of India. The name of the hospital, after the advent of the research centre, was changed from National Hospital to 'P.D. Hinduja Na...
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