Court : Supreme Court of India
Reported in : AIR2005SC2119; 2005(1)ALD(Cri)717; 2005CriLJ2161; 118(2005)DLT329(SC); JT2005(3)SC195; 2005(3)MhLj530; 2005(II)OLR(SC)102; (2005)4SCC370; 2005(1)LC675(SC)
G.P. Mathur, J.1. Leave granted in Special Leave Petition (Crl) No.4111 of 2000.2. In view of conflict of opinion between two decisions of this Court each rendered by a bench of three learned Judges in Surjit Singh v. Balbir Singh : 1996CriLJ2304 and Sachida Nand Singh v. State of Bihar 1998 (2) SCC 493, regarding interpretation of Section 195(1)(b)(ii) of Code of Criminal Procedure 1973 (for short 'Cr.P.C.'), this appeal has been placed before the present Bench.3. The facts of the case may be noticed in brief. The appellant nos.1 and 2 are real brothers of Mukhtar Singh Marwah, while respondent nos.1 and 2 are his widow and son respectively. Mukhtar Singh Marwah died on 3.6.1993. The appellant no.1 filed Probate Case No.363 of 1993 in the Court of District Judge, Delhi, for being granted probate of the will allegedly executed by Mukhtar Singh Marwah on 20.1.1993. The petition was contested by the respondents on the ground that the will was forged. On their application the appellant no...
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2298; RLW2009(3)Raj2117
ORDERRaghuvendra S. Rathore, J.1. This criminal misc. petition has been filed against the order dated 14-12-1989 passed by the learned Additional Chief Judicial Magistrate, No. 1, Alwar, whereby he had rejected the protest petition filed by the petitioner and accepted the Final Report, submitted by the investigation agency in F.I.R. No. 24/1985. Being aggrieved of the said order, the complainant-petitioner preferred a revision petition and the same came to be dismissed by the learned Additional Sessions Judge, No. 2, Alwar on 2-7-1998.2. Briefly stated, the facts of the case are that the complainant-petitioner had lodged a report on 17-2-1985, at Police Station Malkhera, District Alwar, for the offences under Sections 120-B, 416, 467, 468 and 420, I.P.C. After registration of the report, the police investigated the matter and came to the conclusion that no offence was made out and, as such, they submitted a Final Report before the concerning Court. The petitioner-complainant then filed...
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN369
N.L. Tibrewal, J.1. The petitioner is aggrieved against the order of the Additional Munisf and Judicial Magistrate, Laxmangarh, by which the applications of the petitioner and of other co-accused persons to drop Criminal proceedings against them for want of sanction Under Section 197 Code of Criminal Procedure (for short 'the Code'), were rejected. After being unsuccessful in the revision in the Court of Additional Sessions Judge No. 1, Alwar, the present petition Under Section 482 of the Code has been filed. In the normal course, I would not have entertained this petitioner after the right of revision having been exercised by the petitioner, but the question involved in the matter goes to the root of the case and is jurisdictional one, I propose to decide the same.To appreciate the question of law which calls for consideration, it is necessary to narrate the facts in brief.2. Non-petitioner Tikka Kan Singh filed a complaint on 14.6.82 against the petitioner and three other police cons...
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR486
Ashok Agarwal, J.1. The petitioner is working as Cost-cum-Financial Controller with the respondent No. 1 which is a Housing Board Establishment under the Goa, Daman and Diu Housing Board Act, 1968 (hereinafter for the sake of brevity called 'the Act'). The said post of Financial Controller is not one of the posts contemplated under the Act but one created later. Annexure-II to the Goa, Daman and Diu Housing Board Cadre, Recruitment of Staff, Functions, Powers and Sphere of duties of Officers and other Employees (Fourth Amendment) Regulations, 1983 (hereinafter, for the sake of brevity called 'the Regulations of 1993), provides for the hierarchy of the officers of the first respondent-Board. The Board is headed by the Chairman. The next in rank is the Secretary who has been impleaded in this petition as respondent No. 2. Next after the Secretary are the heads of three branches, the Administration Branch, Engineering Branch and the Accounts Branch. The Administration Branch is headed by ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL/CIVIL APPELLATE JURISDICTION WRIT PETITION (CRIMINAL) No.113 OF2016KAUSHAL KISHOR PETITIONER(S) VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENT(S) WITH SPECIAL LEAVE PETITION @ (DIARY) No.34629 OF2017JUDGMENT V. RAMASUBRAMANIAN, J.PRELUDE Said the Tamil PoetPhilosopher Tiruvalluvar of the Tamil Sangam age (31, BCE) in his classic Tirukkural. Emphasizing the importance of sweet speech, he said that the scar left behind by a burn injury may heal, but not the one left behind by an offensive 1 speech. The translation of this verse by G.U. Pope in English reads thus: In flesh by fire inflamed, nature may thoroughly heal the sore; In soul by tongue inflamed, the ulcer healeth never more. A Sanskrit Text contains a piece of advice on what to speak and how to speak. satyam bryt priya bryn na bryt satyam apriyam | priya ca nnta bryd ea dharma santana || The meaning of this verse is: Speak what is true; sp...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP83; 1968CriLJ294
Jaganmohan Reddy, C.J. 1. This Full Bench has been formed to consider the Constitutional validity of Sections 5(2) and 13 of the Madras Revenue Malversation Regulation (Madras Regulation DC of 1822) (hereinafter called 'the Regulation') as offending Articles 14, 19(1)(d), 21 and 22 of the Constitution A Bench of the Madras High Court, consisting of Rama-krishnan and Sadasivani, JJ., had, in Srinivasa Iyer v. Revenue Divisional Officer, Tiruchirapalli, 1966-1 Mad L) 459, held the aforesaid provisions as offending Article 14 of the Constitution and had struck them down. The correctness of that decision having been challenged by the learned Government Pleader before two of us (namely Basi Reddy and Anantanarayana Ayyar, JJ.) these three petitions have been directed to be posted before a Full Bench, as the issues insolved are of great public importance.2. In Crl. M. P. No. 1740/1965, the petitioner is a village munsif of Biradavada group of villages in Nellore District. The Revenue Divisio...
Tag this Judgment!Court : Karnataka Dharwad
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.102152 OF2022(S RES) BETWEEN: SRI MALLAYYA KORAVANAVAR S/O CHANNABASAPPA AGED ABOUT47YEARS ASSISTANT DIRECTOR OF AGRICULTURE (M AND E) OFFICE OF JOINT DIRECTOR OF AGRICULTURE GADAG 582 101. ... PETITIONER (BY SRI NITIN RAMESH, ADVOCATE AND SRI LINGESH V.KATTEMANE., ADVOCATE) (VIDEO CONFERENCING) AND:1. . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE4H FLOOR, M.S.BUILDING BENGALURU 560 001. 2 . THE COMMISSIONER OF AGRICULTURE SESHADRI ROAD BENGALURU 560 001. 3 . KARNATAKA LOKAYUKTA2REPRESENTED BY ITS REGISTRAR M.S.BUILDING BENGALURU 560 001. ... RESPONDENTS (BY SRI A.T.KATTIMANI, GOVERNMENT ADVOCATE FOR R1 & R2; SRI ANIL KALE, SPL.PP FOR R3) (VIDEO CONFERENCING) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATU...
Tag this Judgment!Court : Mumbai
Reported in : (1973)IILLJ558Bom; 1974MhLJ83
Kantawala, C.J.1. Damodar Shantaram, Nadkarni, the petitioner, has filed this appeal against the judgment and order of Vimadalal, J., dated July 3, 1969, whereby he dismissed the petition that was filed by the petitioner. At the material time the petitioner was employed as a tutor in Chemical Pathology in the Department of Pathology and Bacteriology of the Topiwala National Medical College and he worked in that capacity until he was dismissed from service in October, 1964. In the month of July, 1963 certain irregularities were suspected in the affairs of the Stores Department of the Pathology Department and investigation was started and, in the course of the investigation, certain statements were recorded including that of the petitioner. After completion of the preliminary enquiry on December 28, 1963, G. W. Shiveshwarkar, Officer on Special Duty, was appointed as Enquiry Officer to hold a departmental enquiry. On January 4, 1964, the petitioner was suspended. On or after February 4, ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD1; 2003(1)ALT636
Motilal B. Naik, J.1. The issues involved in these two Writ Petitions are inter-related and are heard and disposed off together by the following common order.2. Writ Petition No. 239 of 2000 is filed by the Government of Andhra Pradesh, represented by its Principal Secretary to Government, Revenue (Endts.I) Department, Hyderabad, (2) Commissioner, Endowments Department, Government of Andhra Pradesh, Tilak Road, Hyderabad and (3) The Assistant Commissioner, Sri Bramarambika Mallikarjuna Swamy Devasthanam, Srisailam, Kurnool District assailing the judgment of the Andhra Pradesh Administrative Tribunal passed in O.A. No. 7137 of 1999 dated 27-12-1999. Whereas Writ Petition No. 602 of 2000 is filed by Sri G. Kesavulu, Executive Officer (under transfer), Srisailam Devasthanam questioning the competency of the Upa-Lokayukta of Andhra Pradesh, Hyderabad, sole respondent in the said Writ Petition, in issuing the interim order on 15-11-1999 and final order on 15-12-1999 in complaint No. 792/99/...
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1113
Amitava Lala, J.1. Petitioners made this writ petition in the form of a Public Interest Litigation (sometimes called as PIL) praying inter alia as follows:I. Issue a writ, order, or direction in the nature of mandamus/prohibition thereby prohibiting the construction of the proposed 'Haj House' over the land of Khasra 1399 (area 4.535 acre) at village Arthala, situated at the bank ('doob kshetra') of river Hindon, near the National Highway No. 58 E in pargana Loni, tehsil and district Ghaziabad.II. Issue a writ, order, or direction in the nature of mandamus commanding the respondents to immediately stop the construction of the proposed 'Haj House' over the land of Khasra 1399 (area 4.535 acre) at village Arthala, situated at the bank ('doob kshetra') of river Hindon, near the National Highway No. 58 E in pargana Loni, tehsil and district Ghaziabad.III. Issue any other writ, order, or direction, which this court may deem fit and proper.IV. Award the cost of the petition to the petitioner...
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