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1802 was a landmark year in the Judicial history of North Malabar in which year the first zilla court was established at Thalassery (formerly known as Tellicherry). To begin with, it was three bench Court of which, Two Judges were on circuit. H.Clephen was the First Judge of the Zilla Court, Thalassery. In 1816 a District Munsiff Court was established at Thalassery. In 1845 all Courts were abolished and in their place a Civil and Sessions Court and a Principal Sudir Amin’s Courts were established. In 1873 the Civil and Sessions Court was changed into District and Sessions Court. It is worth remembering that the Thalassery Bench and Bar celebrated the Bi-Centenary of the establishment of Zilla Court at Thalassery in 2002-2003 in a befitting manner.

Thalassery Courts has its Glorious past and that name and fame, by erudits Bar and eminent Judges due to their performance well. The contribution of Thalassery Courts to the higher Judiciary is worth mentioning viz; Justice V.R.Krishna Iyer, Justice V.Khalid, Justice K.Bhaskaran, Justice K.Bhaskaran Nambiar, Justice P.A.Muhammed, late Justice P.V.Narayanan Nambiar and Justice A.K.Basheer. Minister of State for External Affairs E. Ahamed was also a former member of the Bar Association.The present Director General of Prosecution Mr.T.Asaf Ali is also a member of the glorious Bar.


Thalassery is the Judicial head quarter of Kannur Revenue District. 13 regular Courts are functioning here and camp Courts like Labour Court, Human Right Commission etc. are also conducting sittings at Thalassery Court Complex. There are 700 members on the role of the District Court Bar Association and has a well stocked and up-dated Library. As part of the Bi –Centenary celebration, a well equipped Library has also started functioning in the Court premises for the use of members and Judicial officers (Remembering the contributions of senior lawyer Mr. K K Venugopal to the library in memory of Barrister M K  Nambiar). The district court bar association library is known as ‘Reid Libraray’ named after Justice J W Reed.

Noted Malayalam writer Chandu Menon who wrote Malayalam's first novel 'Indulekha' was a Judge at Thalassery. William Logan, who served as district judge at Thalassery in 1873, is still remembered for his Malabar Manual.

Commnr.,Customs & Cent.Excise ... vs M/S. Roofit Industries Ltd on 23 April, 2015
A.K. SIKRI, J. Respondent is the holder of Central Excise Registration for manufacture of RCC and PSC pipes falling under Chapter Heading 6804/6807 for the first schedule to the Central Excise Tariff Act, 1985. The respondent entered into four agreements for designing, manufacturing, providing at site, laying, jointing and testing of PSC pipes of specified sizes. These are agreements dated 24.06.1996, 01.09.1997, 25.09.1997 and 25.05.1999. 2) It is the case of the Revenue that on the basis of general intelligence collected, respondent/assessee was indulging in evasion of central excise duty by not computing the assessable value of finished goods properly to the extent that it was deducting the amount of freight, insurance and unloading charges from the price excisable goods though the place of removal of finished goods was different from the factory gate. The preventive party visited the factory premises of the assessee on 25.03.2000, conducted enquiries and resumed the records for further scrutiny. After scrutiny of various records and documents, it was revealed that the assessee had received work orders from various Government authorities and private contractors and the agreements entered into by the assessee with the above mentioned parties were for designing, manufacturing, providing at site, laying, jointing and testing of PSC pipes of specified sizes. The agreement entered, therefore, entailed upon the assessee, for delivery of the finished goods and not at the factory gate. It was found that no sale took place till the goods reached the test of the projects.
Raj Singh vs State Of Haryana, Etc on 23 April, 2015
R. BANUMATHI , J. Leave granted. 2. These appeals by way of Special Leave arise out of the common judgment dated 30.01.2013, passed by the Punjab and Haryana High Court in Criminal Appeal No.D-440-DB of 2008 & Criminal Revision No.2758 of 2008, by which, the High Court dismissed the Criminal Appeal of the appellant-Raj Singh and partly allowed the Criminal Revision qua Raj Singh filed by Bharat Singh and thereby converting the conviction of the appellant under Section 304 Part 1 IPC to Section 302 IPC and maintained sentence of life imprisonment imposed on him and dismissed the revision qua Rishi Pal and Rajpal. 3. Brief facts which led to the filing of these appeals are as follows: The complainant-Bharat Singh serves in the Army and on 23.11.2004, he came to his village for fifteen days holidays. They are three brothers, Girdhari Lal, Devender Singh and Bharat Singh. In his complaint, Bharat Singh alleged that on 3.12.2004 at about 6.00 pm, when he was standing at the main gate of his cousin’s house with one Tilak Raj, Rishipal-brother of the appellant came there with an axe in his hand and there was wordy altercation. Rishipal assaulted the complainant-Bharat Singh with a Kulhari on his left buttock, however, Bharat Singh managed to save his life, and rushed towards his home. The complainant narrated the whole incident to his brother Devender Singh and he was taken to the hospital wherein Dr. Gobind Singh at village Badshahpur treated him and thereafter both the brothers returned to the village. When the elder brother Girdhari returned home at about 8.30 P.M., Bharat Singh narrated the whole incident to him and he was rebuked by his elder brother.
M.P. Steel Corporation vs Commnr. Of Central Excise on 23 April, 2015
R.F. Nariman, J. 1. The facts giving rise to the present appeal are as follows. The appellant is engaged in ship breaking activity at Alang Ship Breaking Yard. The appellant imported a vessel, namely, M.V. Olinda, for the purpose of breaking the same, and filed a Bill of Entry when the vessel was imported on 7.2.1992. It declared in the said Bill of Entry that the Light Displacement Tonnage of the vessel was 7009 metric tons. On 19.2.1992, the appellant was informed by the Superintendent of Customs and Central Excise Alang that the Light Displacement Tonnage of the ship is actually 8570 tons and that customs duty was to be levied on this tonnage. On 3.3.1992, the appellant cleared the vessel on payment of customs duty on the basis of 7009 metric tons and executed a bank guarantee for Rs.19,90,275/- being the difference in customs duty on 1561 metric tons. On 25.3.1992, the Collector of Customs, Rajkot, directed the Assistant Collector, Bhavnagar to encash the bank guarantee furnished by the appellant. On 2.4.1992, the Superintendent of Customs and Central Excise sent a letter to the appellant communicating the decision of the Collector, as aforesaid. The bank guarantee was duly encashed on 3.4.1992. After protesting against the said illegal action of the Department in encashing the bank guarantee, the appellant preferred an appeal against the Superintendent’s letter dated 2.4.1992 and the Collector’s order dated 25.3.1992 before CEGAT. On 23.6.1998, the Appellate Tribunal allowed the appeal and set aside the order of the Collector dated 25.3.1992. In the year 2000, the Department preferred an appeal before this Court. On 12.3.2003, this Court allowed the appeal holding:
M/S. K.R.C.D. (I) Pvt. Ltd vs Commnr. Of Central Excise, Mumbai on 23 April, 2015
R.F. Nariman, J. 1. The facts of the present case reveal that the appellant started manufacturing duplicate CDs from a master tape/CD issued to them by a distributor who had copyright in the contents of the CD. The following chain will show exactly how the present transaction of job work is done. The artist/lyricist who is the owner of copyright parts with the copyright for a certain consideration to a producer of music which music/picture is then captured on video CD and CD. The producer in turn parts with such copyright in favour of a distributor who, ultimately, gets the said CDs duplicated as has been stated aforesaid by the appellant on job work basis, and who then sells the CDs in the market to the ultimate customer. The facts also demonstrate that the appellant/assessee is only given the master CD from which it duplicates such master tape/CD on blank CDs that are owned by it and then sold to the distributor copyright holder, having paid a lump sum royalty to the producer of the music which is on the CD. The process adopted by the appellant for duplicating the CDs from the master tape/CD or DAT has been detailed in the impugned order of the Commissioner (Appeals). From the DAT supplied by the customers, the appellants arrange to manufacture a stamper i.e. Nickel plate on which the data is coded. The stamper is used as a mould to manufacture a CD, which while manufacturing the CD, transfers data from the stamper to a CD. The programme which is duplicated on the CD is owned by the customer who is either himself the distributor or is a copyright owner. The distributor/copyright holder then, upon receipt of the duplicate copies from the appellant loads part of the royalty paid to the music producer on each such CD which as has been stated above is then sold to the ultimate customer in the market. The entire stock of duplicate CDs can only be sold to the distributor/copyright holder and to nobody else.
M/S. Cochin Port Trust vs State Of Kerala on 22 April, 2015
H.L. DATTU, CJI. This appeal is directed against the judgment and order passed by the High Court of Kerala at Ernakulam in TRC No. 412 of 2002 and Sales Tax Revision Nos. 321 and 326 of 2005, dated 23.12.2005, whereby and whereunder, the High Court has held that the appellant-assessee is a dealer under the Kerala General Sales Tax Act, 1963 (for short, “the Act”) and dismissed the tax revision preferred by the appellant-assessee. The question that arises for consideration in this appeal is whether the appellant-Trust is a dealer under the Act and liable to pay sales tax under the Act on account of certain activities in the nature of sale transactions carried on by it besides its statutory functions. For the sake of convenience and brevity, we would only notice the facts relevant to the discussion with respect to the question(s) before us in this appeal.
Makhan Singh vs State Of Haryana on 21 April, 2015
R. BANUMATHI, J. Delay condoned. Leave granted. 2. This appeal arises out of the judgment dated 10.12.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.777-SB of 1996, whereby the High Court affirmed the conviction of the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and also the sentence of imprisonment of ten years along with a fine of Rs.1,00,000/- imposed on the appellant. 3. Briefly stated case of prosecution is that on 27.07.1994, the police officials during patrolling, when talking with one Manjeet Singh-PW1 and Gamdur Singh-DW2, saw the suspicious 'fitter-rehra' (a vehicle) driven by the appellant. Police intercepted the vehicle and questioned the appellant about his whereabouts, and found some dubious bags lying in the vehicle. Before searching the bags, police intimated to the appellant that instead of being searched by police whether he wishes to be searched by a Gazetted Officer or a Magistrate and the appellant declined to be searched by them and a consent memo (Ext.PA) was drawn. Then, the police in the presence of independent witnesses, i.e. Manjeet Singh and Gamdur Singh, conducted the search and during the search, three bags containing commercial quantity of poppy husk (120 kgms.) were recovered from the appellant's vehicle. Police seized the bags, took sample of 200 grams from each of the bag and sealed them separately, and then sealed the remaining quantity in separate parcels and deposited the same with MHC. The sealed samples were sent to Chemical Examiner, who vide his report (Ext. PK) found the samples to be 'Powdered Poppy Husk'. On completion of investigation, police laid the chargesheet against the appellant under Section 15 of NDPS Act.
Mohan Lal vs State Of Rajasthan on 17 April, 2015
Dipak Misra, J. Calling in question the legal pregnability of the judgment and order dated 16.7.09 passed by the learned Single Judge of the High Court of Judicature of Rajasthan at Jodhpur whereby the learned Single Judge has affirmed the conviction and sentence recorded by the learned Additional Sessions Judge, Jodhpur in Sessions Case No. 9 of 1986 convicting the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act 1985 (for short, 'the NDPS Act') and sentencing him to suffer rigorous imprisonment for 10 years and pay a fine of Rs. 1 lakh, in default, to suffer one year simple imprisonment and also for offence punishable under Sections 457 and 380 of the Indian Penal Code (IPC) and imposing separate sentences for the said offences with a stipulation that all the sentences would run concurrently.
Ongc Ltd vs Petroleum Coal Labour Union & Ors on 17 April, 2015
V. GOPALA GOWDA, J. Leave granted. The appellant-Corporation has questioned the correctness of the judgment and order dated 11.08.2011 passed by the High Court of Judicature at Madras whereby the High Court dismissed the Writ Appeal No. 1006 of 2011 filed by the appellant-Corporation against the dismissal of their W.P. No. 1846 of 2000 challenging the award dated 26.05.1999 passed by the Industrial Tribunal, Tamil Nadu, in I.D. No.66 of 1991, wherein it was held that non- regularisation of the concerned workmen in the dispute is not justified and directed the appellant-Corporation to regularise the services of the concerned workmen with effect from 14.01.1990, the date on which all of them completed 480 days.
Monju Roy & Ors vs State Of West Bengal on 17 April, 2015
ADARSH KUMAR GOEL, J. 1. The appellants stand convicted under Sections 498A, 306 and 304B of the Indian Penal Code (“IPC”) and sentenced to undergo Rigorous Imprisonment (“RI”) for 10 years and to pay fine of Rs.5000/-. In default, to undergo further imprisonment for two years. They also stand sentenced to suffer RI for three years and to pay fine of Rs.1000/- and in default to suffer further imprisonment for three months under Sections 498A and 306 IPC. 2. The deceased Shanti Roy was married to Sekhar Roy on 20th February, 1994. According to the prosecution, Sekhar Roy, his mother, two sisters and brother raised a demand of Rs.5000/- and since the said demand was not fulfilled, Shanti Roy was harassed and even kept without food. On 31 st July, Page 1 Criminal Appeal No.1797 of 2012 1995, she committed suicide by pouring kerosene and setting herself on fire. She was pregnant carrying eight months’ old foetus. Chittaranjan Saha (PW1), brother of the deceased lodged First Information Report. After conducting investigation, appellants Monju Roy, Anju Roy, sisters of Sekhar Roy, Tulshi Roy, brother of Sekhar Roy, Sumitra Roy, mother of Sekhar Roy and Sekhar Roy, husband of the deceased were sent up for trial. Sumitra Roy died on 27 th August, 2001 during pendency of the trial.
H. Lakshmaiah Reddy & Ors vs L. Venkatesh Reddy on 17 April, 2015
C. NAGAPPAN, J. Leave granted. These appeals are preferred against judgment dated 8.9.2010 in R.S.A. No.1500 of 2009 by which the High Court of Karnataka at Bangalore allowed the Second Appeal filed by the respondent herein and against the final order dated 25.11.2010 in RP No.398/2010 by which the High Court dismissed the Review Petition filed by the appellant. The respondent herein filed the suit against the appellants seeking for the relief of declaration of his title to the suit property and for consequential relief of permanent injunction restraining the appellants herein from interfering with his physical possession. Briefly the case of the plaintiff is that the suit property belonged to Guramma wife of the first defendant and the mother of the plaintiff and on her death the first defendant had given declaration before the revenue authorities to change the Katha in the name of the plaintiff in respect of the suit schedule property and mutation was effected accordingly and the revenue record stood in the name of the plaintiff for a long period of time. It is the further case of the plaintiff that the first defendant entered into second marriage with one Jayamma and defendants 2 to 5 are their children and they denied the ownership of the plaintiff in the suit property and therefore, the suit came to be filed.
Vinay & Ors vs State Of Karnataka & Anr on 16 April, 2015
R. BANUMATHI, J. Leave granted. 2. This appeal arises out of the judgment dated 30.11.2011 passed by the High Court of Karantaka, Circuit Bench at Dharwad in Criminal Appeal No.515/2010 modifying the conviction of the appellants from Section 307 IPC read with Section 34 IPC to Section 326 IPC read with Section 34 IPC reducing the sentence of imprisonment from three years to three months and confirming the conviction under Section 427 IPC read with Section 34 IPC, thereby reducing the sentence of imprisonment imposed on each of the accused from six months to three months further directing the sentences to run concurrently and imposing a fine of Rs.10,000/-.
Gauri Shanker vs State Of Rajasthan on 16 April, 2015
V. GOPALA GOWDA, J. Delay condoned. Leave granted. This appeal is directed against the impugned judgment and order dated 4.4.2014 passed by the High Court of Judicature of Rajasthan at Jodhpur in D.B. Civil Special Appeal (Writ) No. 54 of 2014, wherein the High Court declined to interfere with the order dated 18.11.2013 of the learned single Judge passed in S.B. Civil Writ Petition No. 4253 of 2002 wherein the learned single Judge proceeded to consider the writ petition filed by the respondent-Department against the award dated 28.6.2001 of the Labour Court, Bikaner in Labour Dispute Case NO. 94 of 1994 whereby the Labour Court after adjudication of the points of dispute held that the retrenchment of the appellant-workman (for short "the workman") from his services with effect from 1.4.1992 is improper and invalid and directed the employer for the reinstatement of the workman in his post.
Ashwani Kumar @ Ashu & Anr vs State Of Punjab on 16 April, 2015
Uday Umesh Lalit, J. 1. These appeals by special leave challenge the judgment and order dated 15.02.2008 passed by the High Court of Punjab and Haryana. Criminal Appeal Nos.1041-1042 of 2008 are by Ashwani Kumar @ Ashu and Joginder Singh, Criminal Appeal No.1043 of 2008 is by Anil Kumar while Criminal Appeal No.1814 of 2009 is by Darshan Singh. The appellants stand convicted under Sections 364/302/307 read with Section 120B IPC. Since these appeals arise from the same judgment, they are being dealt with and disposed by this common judgment. Initially eleven persons were sent for trial while two absconding accused were marked as proclaimed offenders. The trial court convicted seven out of those eleven accused and acquitted four accused. In the appeals by the convicted accused, the High Court acquitted three more accused, confirming the conviction and sentence of the present appellants. Since the acquittal of others has attained finality, the facts narrated hereafter are confined to the appellants herein.
Wipro Ltd vs Asst. Collector Of Customs & Ors on 16 April, 2015
A.K. SIKRI, J. These appeals are preferred by the appellant challenging the validity of judgment dated 11.10.2002 passed by the Division Bench of the High Court of Judicature at Madras. The High Court has, vide the said judgment, disposed of few writ petitions filed under Article 226 of the Constitution of India as well as certain writ appeals which were filed against the orders of the single Judge. All the aforesaid writ petitions and writ appeals were preferred by the appellants herein. 2) The subject matter of those writ petitions/writ appeals was the constitutional validity of proviso (II-i) of Rule 9(2) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 (hereinafter referred to as the "Valuation Rules"). This proviso has been inserted by Notification No.39/90 dated 05.07.1990 issued by the Ministry of Finance, Department of Revenue, Union of India. As per the appellant, this proviso is not only ultravires Section 14(1) and Section 14(1-A) of the Customs Act, 1962 (hereinafter referred to as the 'Act') but is also violative of Article 14 and Article 19(1)(g) of the Constitution of India. The challenge, however, stands repelled by the High Court in the impugned judgment leading to dismissal of writ petitions and writ appeals. This is how these appeals have come up in this Court, via special leave petition route, in which leave was granted.
Ashapura Mine-Chem Ltd vs Gujarat Mineral Devlopment ... on 16 April, 2015
Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted. This appeal is directed against the judgment of the High Court of Judicature of Gujarat at Ahmedabad in Arbitration Petition No. 9/2013 dated 27.9.13/04.10.2013. By the impugned judgment, the learned Single Judge of the High Court dismissed the appellant's application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to "Act"). Short facts which are required to be noted are that the appellant and the respondent entered into a Memorandum of Understanding (MoU) on 17.08.2007. Under the said MoU, the appellant proposed to constitute a joint venture along with Chinese Company, namely, "M/s Qing TongXia Aluminium Group Co. Ltd. Ningxia of China (hereinafter referred to as "QTX") as well as the respondent for setting up an alumina plant of appropriate capacity in the Kutch District of Gujarat. The MoU also records that the Government of Gujarat agreed to encourage and support the proposed joint venture for setting up of the alumina plant. The respondent agreed to supply on priority basis, medium grade Bauxite to the proposed plant from its 10 existing and 18 expected Bauxite mining leases in the Kutch District.
Control Print Ltd And Anr vs Narcotics Control Bureau And Ors on 16 April, 2015
RANJAN GOGOI, J. 1. The first petitioner is a company registered under the Companies Act, 1956. It is, inter alia, engaged in the business of manufacture of coding and marking machines and consumables like inks and solvents for inkjet printing machines. Amongst others, Methyl Ethyl Ketone (MEK) is one of the raw materials used by the first petitioner in its manufacturing process. 2. Under the provisions of the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 (hereinafter referred to as 'the Regulations') the petitioners had submitted an application in form 'K' for grant of No Objection Certificate (NoC) for import of 79.2 metric tonnes of MEK. The said application dated 27.7.2013 was submitted to the Narcotics Commissioner, Gwalior on 07.08.2013. The goods i.e. MEK in 480 drums were dispatched from Taiwan on 27.07.2013 by vessel Zimdjibouti with the port of destination shown as Nhava Sheva Port India. The ship arrived at Nhava Sheva Port, Thane, Navi Mumbai on 12.08.2013. At the request of the petitioners the Customs authorities permitted lodgment of the goods in the customs bonded warehouse. By a letter dated 23.8.2013 of the Central Bureau of Narcotics issued to the petitioners (dispatched on 26.9.2013 according to the petitioners) further information/clarification from the petitioners was sought in the matter for grant of NoC. According to the petitioners, it received the said letter on 08.10.2013 and by reply dated 18.10.2013 the requisite information was supplied alongwith the further information that the goods had been shipped on 27.07.2013 and had landed at the Jawaharlal Nehru Port Trust -Nhava Sheva Port, Thane, Navi Mumbai on 12.08.2013 and were "awaiting for customs clearance purposes." Thereafter, on 29.11.2013 the Central Bureau of Narcotics informed the petitioners that "the matter has been taken up with the Commissioner of Customs (Import), Nhava Sheva to ascertain the status of the material." Eventually, on 11.12.2013 the Commissioner of Customs (Import) informed the office of the Narcotics Commissioner, Gwalior that the goods have been lodged in the customs bonded warehouse pending clearance from the Central Bureau of Narcotics. On 17.01.2014 the goods were seized at the instance of the Narcotics Commissioner apparently on the ground that the same have been imported without proper NoC and a FIR was also lodged. It is in these circumstances that the petitioners had instituted the writ proceeding (Writ Petition No. 900 of 2014) before the Bombay High Court out of which the present special leave petition has arisen. While the writ petition remained pending a letter dated 14.03.2014 from the Central Bureau of Narcotics was received by the petitioner communicating the following decision:
Central Bank Of India vs Jagbir Singh on 16 April, 2015
Prafulla C. Pant, J. This appeal is directed against order dated 19.11.2013, passed by National Consumer Disputes Redressal Commission (for short "NCDRC"), New Delhi, in Revision Petition No. 3648 of 2013 whereby the revision filed by the present appellant is dismissed. 2. We have heard learned counsel for the parties and perused the papers on record. 3. Brief facts of the case, giving rise to this appeal, are that respondent Jagbir Singh purchased a tractor bearing registration No. HR-14B-3913, after getting loan sanctioned from the appellant-Bank. In terms of conditions of loan the respondent was making deposits of the loan instalments of loan to the Bank. The vehicle was initially insured as required under Motor Vehicles Act, 1988, but no premium of insurance was paid by the respondent for the period after 25.5.2005. On 24.9.2007 at about 11.50 a.m., an accident occurred between the above vehicle and motorcycle bearing registration No. DL-3S-AY-0421, in which Pankaj son of Babu Ram Garg, died due to rash and negligent driving on the part of Diwan Singh, driver of the tractor owned by respondent Jagbir Singh. The parents of the deceased filed claim petition No. 208/11/2007 before Motor Accident Claims Tribunal-II, Dwarka Courts, New Delhi, which was allowed by said Tribunal, vide its order dated 17.11.2012 awarding compensation to the tune of Rs.4,01,460/- with 7.5% interest per annum, against driver and owner of the vehicle. It has not been disputed between the parties that on the date of accident the vehicle No. HR-14B-3913 was not insured with any of the insurance companies, as required under Section 146 of the Motor Vehicles Act, 1988.
K. Anbazhagan vs State Of Karnataka And Others on 15 April, 2015
Madan B. Lokur, J. Leave granted. 2. The question for consideration is whether Mr. G. Bhavani Singh appointed as a Special Public Prosecutor in the trial of the case against Ms. Jayalalithaa and other accused persons in the Special Court in Bengaluru was entitled to represent the prosecution in the appeals filed in the Karnataka High Court by the accused persons against their conviction. 3. My answer to this question is in the negative on an appreciation of earlier directions given by this court, on a reading of the notification appointing Mr. Bhavani Singh as a Special Public Prosecutor and on an interpretation of Sections 24, 25, 25-A and 301(1) of the Code of Criminal Procedure, 1973. The result is that the hearing of the appeals in the High Court stands vitiated, since the prosecution was not represented by an authorized person. The appeals will have to be heard afresh by the High Court with the prosecution represented by a Public Prosecutor appointed under Section 24(1) of the Criminal Procedure Code, 1973 or a Special Public Prosecutor appointed by the State of Karnataka under Section 24(8) of the said Code.
Prasad Shrikant Purohit vs State Of Maharashtra & Anr on 15 April, 2015
Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted in SLP (Crl.) No.8132 of 2010 and SLP (Crl.) Nos.9370-71 of 2011. As in all the above appeals the issue that arises for consideration is the applicability of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter called "MCOCA"), all these appeals are disposed of by this common judgment. Criminal Appeal Nos.1969-70/2010 have been preferred by Lt. Col. Prasad Shrikant Purohit challenging the judgment in Criminal Appeal No.867 of 2009 which was disposed of by the common order passed by the Division Bench of the Bombay High Court in Criminal Appeal Nos.866, 867, 868, 869 and 1024 of 2009 dated 19.07.2010. By the said order the Division Bench reversed the order of the Special Judge dated 31.7.2009 passed in Special Case No.1 of 2009 wherein he held that the charges against the accused in C.R.No.18 of 2008 registered with Anti-Terrorist Squad, Mumbai (hereinafter referred to as "ATS") under the MCOCA do not survive and were discharged from the case. The Special Court by invoking Section 11 of the MCOCA directed the case to be tried by the regular Court. The Division Bench while allowing the Criminal Appeal Nos.866 to 869 of 2009 set aside the order of the Special Judge 31.07.2009 in Special Case No.1 of 2009 as well as orders passed in Bail Application Nos.40 to 42 of 2008, restored those applications to the file in MCOCA Special Case No. 01 of 2009 for being decided on merits by Special Judge himself. In Criminal Appeal No.1024 of 2009 while allowing the said appeal, Bail Application No.41 of 2008 was directed to be restored in MCOCA Special Case No. 01 of 2009 for being heard and decided on merits.
M/S Ivrcl. Infrastructure & ... vs Commnr. Of Customs, Chennai on 15 April, 2015
R.F. Nariman, J. 1. The facts necessary to decide this appeal are as follows. The appellant entered into a Joint Venture Agreement with M/s Shapoorji Pallonji & Company Limited for the purpose of construction of roads in the State of Andhra Pradesh. The Joint Venture was awarded a contract by the National Highways Authority of India for construction of roads as a part of the Golden Quadrilateral, Phase-2 Project in Andhra Pradesh. 2. Vide a notification dated 1.3.2001, in exercise of powers under Section 25(1) of the Customs Act, certain items were exempted from payment of customs duty and additional duty leviable under the Customs Tariff Act. We are concerned with serial No.217 of this notification which reads as follows:
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