Court : Supreme Court of India
Reported in : 114(2004)DLT106(SC); 2004(96)ECC369; JT2004(8)SC383; 2004(8)SCALE364; (2004)8SCC106
G.P. Mathur, J.1. This petition under Article 32 of the Constitution has been filed for quashing and setting aside the detention order dated 21.1.2002 issued by Government of Kerala for detaining the petitioner T.P. Moideen Koya under Section 3(i)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short 'COFEPOSA')-2. The residence of one Pulikuth Hamzath Abdussalam @ Kunjumon was searched on 18.8.2001 and gold biscuit of foreign origin weighing 4430.8 grams valued at Rs. 19,80,567, Indian currency worth Rs. 15,24,500 and foreign currencies worth Rs. 1,39,360 were recovered and some incriminating documents and a computer with accessories were also seized. The statement of M. Mohammed Mustafa, a distant relative and employee of Kunjumon which was recorded on 19.8.2001 and the seized documents showed that petitioner Moideen Koya had dealt with 290 smuggled gold biscuits valued at Rs. 1.5 crores. He had transaction worth Rs. 18 crores with Kun...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(4)AWC3376(SC); JT2004(8)SC376; (2005)1MLJ1(SC); 2004(8)SCALE358; (2005)9SCC759; 2005(1)LC260(SC)
C.K. Thakker, J.1. Leave granted.2. This appeal by special leave is directed against the judgment and order dated July 3, 2001 in First Appeal No. 758 of 1988 by the High Court of Judicature at Bombay partly allowing the appeal of the claimants for grant of enhanced compensation.3. The brief facts of the case are that the respondent-claimant, the Indian Standard Metal Company Limited ('Company' for short) owned various pieces of land admeasuring about 21 hectres and 31.5 acres (2,13,150 Sq. Mtrs.) located at village Wadghar in Taluka Panvel of District Raigard in Maharashtra. Those lands were acquired by the State Government for New Bombay Project by issuing notification dated February 3, 1970 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') which was published in Government Gazette on February 4, 1970. Corrigendum dated September 5, 1970 was published in Government Gazette on September 7, 1970. Thereafter, notification under Section 6 of the Act...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(3)BLJR2083; [2005(1)JCR72(SC)]; JT2004(8)SC155; RLW2004(4)SC615; 2004(8)SCALE335; (2004)7SCC642; [2004]137STC389(SC)
Arijit Pasayat, J. 1. Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Patna High Court.2. Appellant questioned legality of the notices issued on 30.5.2002 and 24.6.2002 by the Deputy Commissioner, Commercial Taxes, Patna Special Circle, Patna (Respondent No. 3) proposing to levy tax for the assessment years 1998-99, 1999-2000 and 1.4.2000 to 14.11.2000 under the Bihar Finances Act, 1981 (in short the 'Act') before the High Court. Notices were issued on the purported basis that the appellant was not entitled to adjustment of tax paid under the Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993 (hereinafter referred to as the 'Entry Tax Act'). The High Court upheld validity of the notice and action taken by concerned respondents.3. Factual position in a nutshell is as follows:Appellant is a public limited company registered under the c(in short the 'Act') and has two manufacturing units -one at Sindri an...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(1)AWC511(SC); 2004(8)SCALE857; (2005)9SCC742; 2005(1)SLJ386(SC)
ORDER1. Leave granted in Special Leave Petition Nos. 24015 of 1993 and 2197 of 2004.2. In the year 1990, the Uttar Pradesh Public Service Commission (for short 'the U.P.P.S.C.) conducted a combined State Services/Upper Subordinate Services (Preliminary) examination for selection to various posts such as Deputy Collectors in U.P. Civil (Executive) Services, Dy. Superintendent of Police in U.P. Police Services, Treasury Officers/Account Officers in U.P. Finance and Accounts Services, Sales Tax Officers, Asstt. Transport Officers, District Supply Officers and various other posts. Pursuant to the advertisement made by the U.P.S.C., a large number of candidates appeared for selection and the U.P.P.S.C. Published the list of selected candidates in August, 1992. Altogether 358 posts in various categories were filled up. The candidates belonging to the Backward Classes were entitled to get reservation in selection in respect of 57 posts in various categories, out of a total number of 358 posts...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)ALD(Cri)970; 2004(5)CTC201; JT2004(8)SC116; 2004(8)SCALE341; 2005(1)LC5(SC)
AR. Lakshmanan, J.1. This appeal is directed against the final judgment and order dated 14.03.1997 passed by the High Court of Rajasthan at Jaipur in S.B. Criminal Appeal No. 487 of 1996 whereby the High Court allowing the appeal held that the evidence adduced by the prosecution is not reliable and on the basis of such weak and unreliable evidence, the guilt of the respondents-accused cannot be proved successfully. 2. The short facts giving rise to the appeal are as follows:On 05.05.1993, the deceased Suman aged 18 years was married to the respondent-accused Teg Bahadur in accordance with Hindu rites and ceremonies. After the Gauna ceremony was completed, deceased Suman was sent back to her maternal house by her in-laws and she complained to her parents that she had been sent back because she had not brought enough dowry with her. She also told them that she had been threatened not to return if she was unable to bring a Television, Cooler and money. However, after lot of discussions an...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5047; 2004(2)ALD(Cri)911; JT2004(8)SC556; 2005(1)KarLJ23; 2004(8)SCALE382
1. The first accused in the Sessions Case No. 217/1994 on the file of Prl. Sessions Judge, Bijapur at Bijapur is the appellant before us.2. The appellant together with three other accused, who are petitioners in SLP(Crl.)...Crlmp 4951/2002, were charged under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Hanamant Basappa Byali at about 4.30 p.m. on 4.9.1994 at Sankanal village, Bijapur district. The victim was killed in his fields. The accused were also charged for the offence punishable under Section 324 read with Section 34 I.P.C. for causing hurt to the wife of the deceased and to the brother of the deceased, who is an informant in the case. The accused were also charged under Section 506 read with Section 34 I.P.C.3. After trial the accused were acquitted by the Sessions Judge. On an appeal filed by the State, the High Court reversed the verdict of acquittal and convicted the appellant herein under Section 302 I.P.C, and sentenced him to lif...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)ALD(Cri)941; 2004(5)CTC150; II(2004)DMC570SC; [2005(1)JCR157(SC)]; JT2004(8)SC124; 2004(3)KLT435(SC); RLW2004(4)SC621; 2004(8)SCALE273; (2004)8SCC251; 2005(1)LC235(S
AR. Lakshmanan, J.1. These appeals are directed against the impugned judgment and order dated 30.05.2003 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 161-SB of 2001. The High Court dismissed the said appeal of the appellant and confirmed the sentence of ten years rigorous imprisonment awarded by the Sessions Judge, Ludhiana but enhanced the fine from Rs.2000/- to Rs.2,00,000/- in Criminal Revision No. 1251 of 2001 filed by the complainant against the appellant. 2. Briefly stated, the case of the prosecution is as follows:The marriage between Seema, daughter of Ramesh Chander Bansal, PW-1 and the appellant-accused, Arun Garg took place on 25.02.1996. According to the prosecution, she died under very tragic circumstances on 30.03.1999, that is, within three years of her marriage with the appellant. The appellant was alleged to have administered aluminium phosphate causing unnatural death of the daughter of the respondent and thus the appellant was lia...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(8)SCALE313b
ORDERY.K. Sabharwal, J.1. In view of the order passed in Criminal Appeal No. 222 of 1997 (State of Himachal Pradesh v. Pawan Kumar) referring the said appeal to a larger Bench, this appeal is also referred to a larger Bench and be tagged with Criminal Appeal No. 222 of 1997. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(8)SC137; 2004(8)SCALE288; (2004)7SCC673; [2004]137STC438(SC)
Ruma Pal, J.1. A scheme was framed by the first appellant granting exemption to industrial units from payment of sales tax on intra-state and inter-state sale of goods and by-products manufactured within the State of Rajasthan. By a subsequent notification the extent of the percentage of exemption available to sick industries was sought to be corrected. The disputes in these appeals relate to the interpretation of the scheme and the effect of the corrigendum.2. The scheme was part of the New 4th Industrial Policy of the State. The Policy stated that the object of the scheme was to make Rajasthan 'a most favoured destination for industries' and to encourage the setting up of industries in the State. The policy describes the nature of the exemptions which were sought to be granted to the different kinds of industries with exemption/ deferment incentives for 11 years in respect of some industries and 14 years for others. A greater incentive was granted to industries being set up in the fi...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(3)JKJ25[SC]; JT2004(8)SC77; 2004(8)SCALE348; (2004)12SCC634
B.N. Srikrishna, J.1. These civil appeals and the special leave petition arise out of and impugn the same judgment of the Division Bench of the High Court of Jammu & Kashmir which allowed the Letters Patent Appeals of the respondents.2. A popular Hindu Shrine in Jammu thronged by devotees all round the year, Mata Vaishno Devi is situated on the Trikuta Hills, approximately 45 kilometers from Jammu city. The Shrine was originally managed by a trust known as 'Dharmarth Trust', which managed, not only the affairs of the shrine, but also looked after the welfare of the pilgrims. The actual duties of performance, of Pooja and protection of the Shrine were carried out by Baridars, who belonged to the two villages in the vicinity of the Shrine. With the popularity of the Shrine increasing, there was an exponential increase in the number of pilgrims visiting the Shrine. When the number of devotees visiting the Shrine became unmanageable, there were complaints with regard to administration and ...
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