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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.

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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.

Ramesh Kumar vs Union Of India & Ors on 31 July, 2015
R. BANUMATHI, J. Challenge in this appeal is the order of the High Court of Delhi in W.P. (C) No.6466 of 2002 dated 02.12.2004, whereby the High Court dismissed the writ petition filed against the order of denial of pay and allowances to the appellant for the period from 01.08.1997 till the date of his actual promotion i.e. 13.11.2000 and also the order dated 18.03.2005 dismissing the Review Application No.55 of 2005. 2. Background facts which led to the filing of this appeal are as under:- The appellant got enrolled in the Indian Army on the post of Store Keeper Technical/Sepoy on 19.03.1983 and was subsequently promoted to the rank of Havildar on 01.08.1989. While the appellant was so working, a Summary Court Martial (SCM) for the offences under Sections 41(i), 39 (a) and 63 of the Army Act was initiated against him. After completion of the inquiry and on proved charges by an order dated 03.06.1992, the appellant was sentenced to:- (i) reduction in rank; (ii) dismissal from service and
Yakub Abdul Razak Memon vs State Of Maharashtra And Anr on 30 July, 2015
Dipak Misra, J. The issue that had seen the end after the day’s drill at 4.15 p.m. yesterday, i.e., 29.07.2015, appears to have unending character because precisely after ten hours, about 3.15 a.m. on 30.07.2015, it has risen like a phoenix possibly harbouring the idea that it has the potentiality to urge for a second lease of life as put forth by Mr. Anand Grover, learned Senior Counsel and Mr. Yug Chaudhry, learned counsel, appearing for the petitioner, stating that the assail has become inevitable after the President of India in exercise of his power under Article 72 of the Constitution has rejected the mercy petition preferred by the petitioner. Be it stated, it is contended by the learned counsel for the petitioner that by virtue of the rejection of the mercy petition, the death warrant issued on 30.4.2015 would be executed today, without waiting for 14 days, and hence, there should be a grant of stay.
Shabina Abraham & Ors vs Collector Of Central Excise & ... on 29 July, 2015
R.F. Nariman, J. 1. “Nothing is certain except death and taxes.” Thus spake Benjamin Franklin in his letter of November 13, 1789 to Jean Baptiste Leroy. To tax the dead is a contradiction in terms. Tax laws are made by the living to tax the living. What survives the dead person is what is left behind in the form of such person’s property. This appeal raises questions as to whether the dead person’s property, in the form of his or her estate, can be taxed without the necessary machinery provisions in a tax statute. The precise question that arises in the present case is whether an assessment proceeding under the Central Excises and Salt Act, 1944, can continue against the legal representatives/estate of a sole proprietor/manufacturer after he is dead. The facts of the case are as follows.
Rajendra Shankar Shukla And Ors. ... vs State Of Chhatisgarh And Ors. Etc. ... on 29 July, 2015
V. GOPALA GOWDA, J. Leave granted. The appellants-land owners have filed the present group of appeals challenging the common impugned judgment and order dated 16.6.2014 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur, in Writ Appeal Nos.379, 380, 381, 382, 389 and 393 of 2013 wherein the High Court upheld the order dated 15.4.2013 passed by the learned single Judge of the High Court of Chhattisgarh, Bilaspur, upholding the validity of the Town Development Scheme, namely, ‘Kamal Vihar Township Development Scheme No. 4’ (for short ‘the KVTDS’). The facts of the case are stated hereunder:- The appellants herein are the landowners of portions of land (with some construction thereon) situated in the villages Dumartarai, Tikrapara, Boriya Khurd, Deopuri and Dunda of Raipur District in Chhattisgarh State. The respondent No.2-Raipur Development Authority (RDA) was established under Section 38(1) of the M.P. (C.G.) Nagar Thatha Gram Nivesh Adhiniyam, 1973 (for short ‘the Act of 1973’). The KVTDS was planned by the respondent No.2 - RDA while discharging its functions under Section 38(2) of the Act of 1973. Though the KVTDS initially started as a small Town Development Scheme, it subsequently included the aforesaid five villages in Raipur within its Scheme.
Union Of India & Ors vs M/S. N.S. Rathnam & Sons on 29 July, 2015
A.K. SIKRI, J. The respondent herein impugned the validity of Notifications Nos.102/87-CE and 103/87-CE, both dated 27.03.1987, whereby whole of the duty of excise was exempted in respect of iron and steel scrap obtained by breaking the ship subject to the condition that customs duty should have been levied at the rate of Rs.1400/- per Light Displacement Tonnage (LDT). With the stipulation of such a condition, giving the exemption of payment of excise duty only to those who had paid customs duty at Rs.1400/- per LDT, another class of persons who also paid custom duty under Section 3 of the Customs Tariff Act, 1975, albeit at a lesser rate, was excluded. The respondent who belonged to excluded category, had challenged the said Notification as arbitrary and violative of Article 14 of the Constitution. Though the learned Single Judge dismissed the writ petition, the Division Bench in appeal has accepted the aforesaid plea of the respondent and vide judgment dated 18.08.2003 held that the second category of persons shall also be entitled to the benefit of this Notification. It is this judgment which is impugned by the Union of India and is the subject matter of the instant appeal.
Sh. Dharam Chand vs Chairman, Ndmc & Ors on 29 July, 2015
M. Y. EQBAL, J. Leave granted. 2. This appeal by special leave is directed against the judgment dated 13.11.2014 of the Division Bench of the Delhi High Court, which dismissed the Letters Patent Appeal preferred by the appellant against the decision of learned Single Judge of the High Court, which dismissed the appellant’s writ petition challenging the order dated 03.12.2013 issued by the Enforcement Department, New Delhi Municipal Council (NDMC) deciding to relocate the appellant (a squatter) from his existing site outside Supreme Court to a site near Gate of Baroda House adjacent to the existing stalls due to security reasons. 3. The appellant’s case in brief is that since 1965 he was squatting in the area of Chandni Chowk as a Hawker selling cloths and thereafter Tehbazari of selling tea was given by the NDMC to him at Bhagwan Das Road and he remained there till 1982, when he was shifted to the present place opposite to the Supreme Court. In 1989, a large number of writ petitions claiming a right to trade on the pavements in different parts of Delhi were filed under Article 32 of the Constitution and the Apex Court appointed a Committee known as Thareja Committee to examine the claims made by the squatters in the light of Scheme prepared by the NDMC and the decision in Sodan Singh vs. New Delhi Municipal Corporation, (1989) 4 SCC 155 to identify street pavement in different areas where the street hawking could be regulated without being a hindrance to general public. On the application of the appellant before the Thareja Committee, in May, 1999, he had been allotted one stall bearing size 6’ x 4’, opposite Supreme Court, towards Bhagwan Das Road and near Office Complex of Supreme Court Lawyers and Purana Quila Road Bungalows in May, 1999 by Director (Enforcement) NDMC, New Delhi.
Rajeshwar Baburao Bone vs State Of Maharashtra & Anr on 29 July, 2015
M. Y. EQBAL, J. Leave granted. 2. This appeal by special leave is directed against the order dated 17.12.2013 passed by the High Court of Bombay, Bench at Aurangabad, whereby the High Court has dismissed the writ petition filed by the appellant herein. 3. The facts of the case lie in a narrow compass. 4. The appellant herein claims to be belonging to ‘Koli Mahadev’ a scheduled tribe community. According to the appellant he separated from his family as there was dispute in respect of the property with his father and for quite some time, the appellant have no relationship or communication with his father and other family members. 5. Since the appellant has secured employment with Zilla Parishad, Beed, on the post reserved for Scheduled Tribe category, the tribe certificate issued in his favour was referred to the Scrutiny Committee for verification after 18 years from the date of appointment. The appellant submitted several documents in support of his claim including the oldest record of 1348 fasali pertaining to his grandfather namely Gundaji Narsingh Bone wherein his caste is recorded as Mahadev Koli.
M/S. Poonam Spark (P) Ltd vs Commnr. Of Central Excise, New ... on 29 July, 2015
A.K. SIKRI, J. The question of law which arises for consideration in the present case is whether the activity of mounting of Water Purification and Filteration System (WPFS) on a base frame carried out by M/s Poonam Spark (P) Ltd. amounts to manufacture or not. The aforesaid issue is to be determined in the following factual background: One M/s Perfect Drug Limited (PDL) had been purchasing/importing various components of WPFS classifiable under Tariff Heading 8421. PDL, after importing these materials, supplied the same to the appellant herein. Job work was assigned to the appellant for the assembly of WPFS on behalf of PDL. Appellant takes job charges from PDL. Various parts which were supplied by the PDL to the appellant were as follows: Filter Housing & Cartridge UV Units Timer Mounting Plate & screws Tubings and Fittings According to the Department of Revenue, the aforesaid work being carried out by the appellant, namely, assemble of the components resulted into a new product known as WPFS having different name and character and it amounted to “manufacture” as per Section 2(f) of the Central Excise Act, 1944 and, therefore, appellant was liable to pay excise duty. Show cause notice dated 13.05.1998 was served upon the appellant.
V.K.Mishra & Anr vs State Of Uttarakhand & Anr on 28 July, 2015
R. BANUMATHI, J. These appeals arise out of the judgment dated 26.09.2011 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.42 of 2002, whereby High Court confirmed the conviction of the appellants under Section 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and the sentence of imprisonment for life was imposed on each of them. 2. Brief facts which led to filing of these appeals are as under:- Deceased-Archana was given in marriage to accused Rahul Mishra on 28.06.1997. Before marriage and after the engagement, Dr. Hirday Narayan Tripathi, father of the deceased, had given a sum of Rs.50,000/- each on three occasions and Rs.63,200/- on 11.07.1997 and also gifted jewellery worth Rs.2,00,000/- to Archana. Archana, after return from honeymoon, visited her parents house and complained several times to her father, mother and brother about the continuous harassment and torture meted out to Archana by her in-laws and husband and that they used to abuse her in connection with demand of dowry. Between 09.08.1997 to 10.08.1997, Archana visited her parents house. On 09.08.1997, Archana informed her brother- Santosh (PW-2) about the demand of Rs. 5,00,000/- by the appellants and PW- 2 told Archana that he will talk to the appellants. On 10.08.1997, appellant Rahul came to Archana’s house and had taken back Archana to his house. On 10.08.1997, PW2-Santosh Kumar visited the house of the accused and tried to pacify the accused regarding their demand of Rs. 5,00,000/-; but the accused persisted in their demand. On 13.08.1997, PW1-Dr. Hirday Narayan Tripathi visited various institutions to find job for Archana. On the same day, Archana was admitted in the hospital as a suspected case of poisoning and she died due to poisoning. Law was set in motion by PW1-Dr. Hirday Narayan Tripathi and on the basis of the complaint, FIR was registered against the accused in FIR Case No.571/1997 under Sections 306 and 498A IPC at P.S. Kotwali, Dehradun. After investigation, charge-sheet was filed and charges were framed against the appellants-accused by the trial court under Sections 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act.
Yakub Abdul Razak Memon vs State Of Maharashtra, Thr. The ... on 28 July, 2015
ANIL R. DAVE, J. Heard the learned senior counsel appearing for both the sides at length. It is a fact that the conviction of the petitioner has been confirmed by this Court and the Review Petition as well as the Curative Petition filed by the petitioner have also been dismissed by this Court. Moreover, His Excellency Hon'ble The President of India and His Excellency The Governor of Maharashtra have also rejected applications for pardon made by the petitioner, possibly because of the gravity of the offence committed by the petitioner. It has been submitted by the learned counsel appearing for the petitioner that one more application made to His Excellency The Governor of Maharashtra is still pending.
Commissioner Of Central Excise ... vs M/S Global Health Care Products ... on 28 July, 2015
A.K. SIKRI, J. The respondent No.1 (hereinafter referred to as the 'assessee') is engaged in the manufacture of different brands of toothpaste and these are manufactured exclusively for M/s. Hindustan Lever Limited, Mumbai (for short, 'HLL') since 1998. Major brands of HLL manufactured by the assessee are Close-Up Red, Close-Up Blue, Close-Up Green and Pepsodent falling under Chapter 33 of the Excise Tariff. The assessee is registered with the appellant/Revenue and has been paying the excise duty on the aforesaid products under Chapter sub-heading 3306.10 of the tariff. There is no dispute about these products. From July 01, 2001, a new product known as 'Close-Up Whitening' was introduced by the assessee. The assessee classified this product under Chapter sub-heading 3306.90. The Revenue treated the aforesaid classification as erroneous as according to it Close-Up Whitening also falls under Chapter sub-heading 3306.10 and not 3306.90. It also suspected that this product was deliberately misclassified in the said heading to evade payment of proper central excise duties by resorting to assessment of the product under Section 4 of the Central Excise Act, 1944 (hereinafter referred to as the 'Act') instead of assessment under Section 4A thereof. Investigation into the matter was initiated resulting into searching of the premises of the assessee. Some documents, which the Revenue claims to be incriminating in nature, were seized under Section 12 of the Act, including a Box File with Heading 'Production Manual', namely, the literature containing pages 1 to 235 issued by the Dental Information Centre of HLL.
Nanjappa vs State Of Karnataka on 24 July, 2015
T.S. THAKUR, J. 1. This appeal arises out of a judgment and order dated 9th February, 2012 passed by the High Court of Karnataka at Bangalore whereby the High Court has, while reversing an order of acquittal passed by the Trial Court, convicted the appellant under Sections 7 and 13 read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo imprisonment for a period of six months under Section 7 and a period of one year under Section 13 besides fine and sentence of imprisonment in default of payment of the same. The facts giving rise to the filing of the appeal may be summarised as under: 2. The appellant was working as a Bill Collector in Sabbanakruppe Grama Panchayath, in S.R. Patna Taluk of the State of Karnataka. The prosecution case is that the complainant who was examined at the trial as PW-1, appeared before the Lokayukta Police to allege that the appellant had demanded a bribe of Rs.500/- from him for issue of a copy of a certain resolution dated 13th March, 1998 passed by the Sabbanakruppe Grama Panchayath. Since the complainant was unwilling to pay the bribe amount, he prayed for action against the appellant. The Lokayukta Police appears to have secured panch witnesses, prepared an entrustment memo and handed over the intended bribe amount to the complainant after applying phenolphthalein powder to the currency notes for being paid to the appellant upon demand. The prosecution case is that the bribe amount was demanded by the appellant and paid to him by the complainant whereupon the raiding party on a signal given by the complainant arrived at the spot and recovered the said amount from his possession. The appellant’s hands were got washed in sodium carbonate solution which turned pink, clearly suggesting that the bribe money had been handled by the appellant. On completion of the investigation, the police filed charge-sheet before the jurisdictional court where the prosecution examined as many as 5 witnesses in support of its case. The appellant did not, however, adduce any evidence in his defence. The Trial Court eventually came to the conclusion that the prosecution had failed to prove the charges framed against the appellant and accordingly acquitted him of the same. The Trial Court held that the prosecution had failed to prove that the appellant had any role in the passing of the resolution by the members of the Panchayat, a copy whereof was demanded by the complainant. The Trial Court further held that there was no material to suggest that the Sabbanakruppe Grama Panchayat had joined hands with the appellant in converting the road running in front of the complainant’s house into sites for allotment to third parties. The Trial Court found that the property purchased by the complainant did not actually show a road on the northern side of the said property. The Trial Court, on those findings, concluded that the complainant’s accusation about the appellant demanding bribe from him was unreliable and unworthy of credit. Relying upon the decision of this Court in Kaliram vs. State of Himachal Pradesh (AIR 1973 SC 2773), the Trial Court held that since two views were possible on the evidence adduced in the case, one pointing to the guilt of the appellant and the other to his innocence, the view that was favourable to the appellant had to be accepted. The Trial Court further held that the sanction for prosecution of the appellant had not been granted by the competent authority and was, therefore, not in accordance with Section 19 of the P.C. Act. Relying upon the deposition of PW-4 examined at the trial, the Trial Court held that the Chief Officer, Zilla Panchayat was the only competent authority to grant sanction for prosecution in terms of Section 113 of the Panchayat Raj Act. The prosecution case against the appellant was on those findings rejected by the Trial Court and the appellant acquitted.
Bhanushali Hsg. Coop. Society Ltd vs Mangilal & Ors on 24 July, 2015
T.S. THAKUR, J. Leave granted. 1. The short question that arises for consideration in this appeal, by special leave, is whether a dispute arising out of a contract for sale and purchase of immovable property owned by the respondents was amenable to adjudication under Section 64 of the M.P. Cooperative Societies Act, 1960. By his order dated 1st March, 2004, the Deputy Registrar, Co-operative Societies, Ujjain, before whom the proceedings were initiated, answered that question in the affirmative and decreed specific performance of the contract entered into between the parties. A first appeal preferred by the sellers (respondents-herein) before the Joint Registrar Ujjain failed and was dismissed by his order dated 7th August, 2009. Aggrieved by the said two orders, the respondents preferred a second appeal before the M.P. State Co-operative Tribunal, Bhopal who allowed the same and set aside the orders passed by the Deputy Registrar and that passed by the Joint Registrar holding that the dispute raised by the purchaser-society could not be made the subject matter of proceeding under Section 64 of the M.P. Cooperative Societies Act, 1960. The purchaser-society then filed writ petition No.15195 of 2011 which was heard and dismissed by a Division Bench of the High Court of Madhya Pradesh. The High Court concurred with the view taken by the Tribunal that a dispute arising out of a contract of sale and purchase of immovable property was beyond the purview of Section 64 of the Act. The present appeal calls in the question the correctness of the said judgments and orders.
Shri Dilip K. Basu vs State Of West Bengal & Ors on 24 July, 2015
T.S. THAKUR, J. 1. In D.K. Basu etc. v. State of West Bengal etc.[1] [D.K. Basu (1)] this Court lamented the growing incidence of torture and deaths in police custody. This Court noted that although violation of one or the other of the human rights has been the subject matter of several Conventions and Declarations and although commitments have been made to eliminate the scourge of custodial torture yet gruesome incidents of such torture continue unabated. The court described ‘custodial torture’ as a naked violation of human dignity and degradation that destroys self esteem of the victim and does not even spare his personality. Custodial torture observed the Court is a calculated assault on human dignity and whenever human dignity is wounded, civilisation takes a step backwards. The Court relied upon the Report of the Royal Commission on Criminal Procedure and the Third Report of the National Police Commission in India to hold that despite recommendations for banishing torture from investigative system, growing incidence of torture and deaths in police custody come back to haunt. Relying upon the decisions of this Court in Joginder Kumar v. State of U.P. and Ors.[2]; Smt. Nilabati Behera alias Lalita Behera v. State of Orissa and Ors.[3]; State of M.P. v. Shyamsunder Trivedi and Ors.[4]; and the 113th report of the Law Commission of India recommending insertion of Section 114-B in the Indian Evidence Act, this Court held that while the freedom of an individual must yield to the security of the State, the right to interrogate the detenus, culprits or arrestees in the interest of the nation must take precedence over an individual’s right to personal liberty. Having said that the action of the State, observed this Court, must be just and fair. Using any form of torture for extracting any kind of information would neither be right nor just or fair, hence, impermissible, and offensive to Article 21 of the Constitution. A crime suspect, declared the court, may be interrogated and subjected to sustained and scientific interrogation in the manner determined by the provisions of law, but, no such suspect can be tortured or subjected to third degree methods or eliminated with a view to eliciting information, extracting a confession or deriving knowledge about his accomplices, weapons etc. His constitutional right cannot be abridged except in the manner permitted by law, though in the very nature of things there would be a qualitative difference in the method of interrogation of such a person as compared to an ordinary criminal. State terrorism declared this Court is no answer to combat terrorism. It may only provide legitimacy to terrorism, which is bad for the State and the community and above all for the rule of law. Having said that, the Court issued the following directions and guidelines in all cases of arrest and/or detention:
Eshwarappa vs State Of Karnataka on 24 July, 2015
T.S. THAKUR, J. 1. This appeal arises out of a judgment and order dated 10th August, 2011 passed by the High Court of Karnataka at Bangalore, whereby the High Court has dismissed Criminal Appeal No.1676 of 2007 filed by the appellant thereby affirming his conviction for offences punishable under Sections 302, 498A and 201 of the Indian Penal Code, 1860 and the varying sentences of imprisonment and fine awarded to him for the same. 2. The deceased-Latha and the appellant herein got married to each other on 20th March, 2003. The prosecution version is that the deceased-Latha and her husband the appellant herein lived happily for a few months after their marriage in March 2003 during which time Latha conceived and gave birth to a female child. The marital relationship, however, soured when the appellant developed illicit relations with one Sarpina @ Sarfunnisa arrayed as accused no.2 before the Trial Court. The deceased-Latha, but naturally took exception to this relationship and informed her parents about the same who had a panchayat convened in the village to resolve the matter. The panchayat, according to the prosecution, advised the appellant to end his relationship with Sarpina, his paramour, which the appellant agreed to do. That commitment was however observed but only in breach as the illicit relationship between the appellant and Sarpina continued resulting in frequent quarrels between the appellant and the deceased-Latha. The prosecution case is that although the parents of the deceased had given dowry articles to the deceased including a sum of rupees one lakh towards cash, the appellant was demanding more money for purchase of a site. In order to satisfy that demand, the parents of the deceased had mortgaged their land and paid a sum of Rs.50,000/- to the appellant. It is also alleged that the appellant was neglecting the deceased and was residing with Sarpina, accused no.2. The deceased was provoked by this conduct and is alleged to have gone to the house of Sarpina (A-2) to lodge her protest in an attempt to wean the appellant away from the illicit relationship. This provoked the appellant, who assaulted the deceased. The parents of the deceased had in that background taken the deceased away to her parental home with her minor child. The prosecution case is that a day prior to the incident the parents of the deceased brought the deceased-Latha back to her matrimonial home in village Lakya, but the appellant’s cruel behaviour towards her continued unabated. On the fateful day, the deceased appears to have asked the appellant to pay her some money so that she could take her sick child to the doctor. The appellant is alleged to have asked her to come to the field, where the appellant was going for work to collect the money. According to the prosecution, Latha followed her husband to the field while her parents returned to their village, but only to receive by evening the sad news that their daughter was lying dead under a tamarind tree near the land of the appellant in his village. They rushed to the village and the place of occurrence only to find that the deceased had died of strangulation. The matter was, thereupon, reported to the police who registered a case, commenced and completed the investigation and filed a charge-sheet not only against the appellant whom the prosecution accused of committing offences punishable under Sections 498A, 302 and 201 IPC but even against the parents of the appellant and Sarpina, the alleged lady love of the appellant.
Gurjant Singh vs State Of Punjab on 24 July, 2015
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 24.12.2014, passed by the High Court of Punjab and Haryana in Criminal Appeal No. 2065- SB of 2005, whereby the criminal appeal is dismissed, and order dated 5.11.2005, passed by the Sessions Judge, Faridkot, convicting and sentencing the appellant Gurjant Singh under Sections 7/13(2) of the Prevention Act, 1988, is upheld. 2. We have heard learned counsel for the parties and perused the papers on record. 3. Prosecution story in brief is that complainant Harpal Singh (PW- 1) was President of Rice Millers Association, Kotkapura. Appellant Gurjant Singh was posted as Technical Assistant with Food Corporation of India (for short “the FCI”). On 29.5.2003, complainant, after holding a meeting with other rice millers, met the appellant regarding supply of 20 consignments of advance rice belonging to ten shellers to the FCI, on which he (appellant) demanded rupees one lakh as illegal gratification for approving the quality of the rice. The complainant reluctantly agreed to pay Rs.50,000/- on next day, i.e. 30.5.2003. The complainant disclosed about the same to Sandip Kataria (PW-2) who advised him to complain to the Vigilance Department. Thereafter, they complained the matter to Deputy Superintendent of Police, Vigilance Bureau, Faridkot. On the basis of said complaint, a First Information Report No.22 dated 30.5.2003 was registered, and a trap was laid by the Vigilance Department. Jetha Ram (PW-3), District Welfare Officer, Faridkot, and Surjit Singh, Junior Assistant in the office of the District Welfare Officer, were requested to be official witnesses. Hundred currency notes of denomination of Rs.500 were produced by the complainant in the office of Vigilance Department, in order to use the same to trap the appellant. Phenolphthalein powder was applied to the currency notes by the Vigilance Officers and the numbers of the currency notes were jotted down in memorandum (Ext. P8). Tainted currency notes were then handed over to complainant Harpal Singh (PW-1) so that he may offer the same to the appellant in response to the demand made by him. Sandip Kataria (PW-2), shadow witness, was directed to hear the conversation between the appellant and the complainant, and to give signal to the raiding party. Baldev Singh Dhaliwal (PW-11) Deputy Superintendent of Police, Vigilance, led the team along with other personnel of the Department, and the witnesses. On 30.5.2003, he along with the complainant and the witnesses went to Mahan Laxmi Rice Mills, Kotkapura where the amount was to be handed over to the appellant. The complainant and witnesses were dropped at some distance from the mill, and raiding party remained outside the mill. After some time, the shadow witness (Sandip Kataria) gave a signal to the raiding party on which it rushed to the mill. Appellant Gurjant Singh, who was found in the mill, was given identity by Baldev Singh Dhaliwal, Deputy Superintendent of Police, Vigilance (PW-11), and the appellant was made to dip his both hands in the glass of sodium carbonate solution on which the colour of the solution turned to light pink. The solution was then put into a clear nip (M02) with seal bearing impression “BS”, whereafter signatures of the witnesses were taken on it. Thereafter the Deputy Superintendent of Police asked the appellant to hand over the tainted currency notes accepted by him. The appellant produced a packet of Rs.50,000/- consisting of hundred currency notes each of denomination of Rs.500/- from the pocket of his trousers. After the numbers of the currency notes got tallied with the numbers mentioned in the memorandum earlier prepared, the appellant was arrested. After investigation, charge sheet against accused Gurjant Singh, relating to offences punishable under Section 7/13(2) of the Prevention of Corruption Act, 1988 was submitted to the trial court.
State Of Maharashtra vs Shiva @Shivaji Ramaji Sonawane & ... on 24 July, 2015
T.S. THAKUR, J. 1. High Court of Bombay has, by a common order dated 18th November, 2008, impugned in these appeals, set aside orders passed by the Special Court under Maharashtra Control of Organised Crime Act, 1999 and acquitted the respondents of the charges framed against them. The High Court has relying upon several earlier pronouncements on the subject, held that mere proof of filing of charge sheets in the past was not enough to hold the persons accused in such charge sheets to be guilty of the offences of committing organised crime punishable under Section 3 of MCOCA for such charge sheets satisfy but one of the requirements under the said Act. What is according to the High Court equally important is to prove that the accused were guilty of committing the offence of organised crime by reason of their continuing unlawful activities. The High Court further held that any such unlawful activity should be by use of threat of violence, intimidation, coercion or other unlawful means with the objective of “gaining pecuniary or other advantages”, and that the provisions of MCOCA can be invoked only by strictly complying with the provisions of Section 23 of the Act. The competent authority was, declared the High Court, duty bound to apply its mind to the attendant facts while permitting registration of an FIR under MCOCA or granting sanction for prosecution. The High Court held that the competent authority, in the case at hand, had not applied its mind properly which rendered the registration of the cases and the filing of the charge sheets against the respondents legally unsustainable. The High Court further held that the respondents were, in the facts of the cases before it, not shown to have committed any offence for pecuniary, economic or similar other advantage which was one of the requirements to be satisfied before they could be held guilty of an organised crime. The orders of conviction recorded by the Special Court, and the sentences awarded to the respondents were on those findings set aside.
Talukdar Singh vs Tata Engineering And Locomotive ... on 24 July, 2015
R. BANUMATHI, J. Leave granted. 2. This appeal arises out of the order passed by the High Court of Bombay in Writ Petition No.3646 of 2001 dated 19.06.2014, in and by which, the High Court enhanced the retrenchment compensation of Rs.6,049/- awarded by the Labour Court to Rs. 1,00,000/- without any interest. 3. A charge-sheet dated 07.05.1988 was issued to the appellant for committing the misconduct of slapping his colleague, Mr. Kunjumon who was working with the respondent-company. An enquiry was conducted against the appellant and the services of the appellant were terminated on 07.05.1990. The appellant challenged his termination and a reference was made to the Labour Court, Pune. By the award dated 28.02.2000, Labour Court held that the enquiry against the appellant was fair and proper and the misconduct was proved. However, the Labour Court held that the punishment of dismissal from service was shockingly disproportionate and awarded retrenchment compensation of Rs.6,049/- to the appellant. Being aggrieved, the appellant filed writ petition contending that the punishment of dismissal was harsh and that the retrenchment compensation of Rs. 6,049/- awarded was no compensation at all. By the impugned judgment, the High Court while upholding the punishment of dismissal, enhanced the compensation to Rs.1,00,000/- minus Rs.6,049/- which was already paid to the appellant. Still aggrieved, the appellant has preferred this appeal.
Dm Wayanad Institute Of Medical ... vs Union Of India & Anr on 23 July, 2015
M. Y. EQBAL, J. Knocking the doors of this Court in the first instance under the garb of a petition under Article 32 of the Constitution, instead of approaching the High Court, for the enforcement of right claimed in these writ petitions is the preliminary question we are deciding herein. 2. In these two writ petitions, the petitioners have invoked the jurisdiction of this Court under Article 32 of the Constitution of India challenging the refusal of the Medical Council of India (MCI) to recommend the renewal of permission for admitting students for the academic year 2015- 16 in the MBBS Course of the petitioner institutes and the consequent refusal of the Union Government to renew such permission.
Prabhu Dayal Khandelwal vs Chairman, U.P.S.C. & Ors on 23 July, 2015
J.S. Khehar, J. 1. The claim of the appellant-Prabhu Dayal Khandelwal was to be considered for promotion from the post of Commissioner of Income Tax to that of Chief Commissioner of Income Tax. 55 vacancies in the cadre of Chief Commissioner of Income Tax arose in the year 2000-2001, and a further 46 vacancies arose during the year 2001-2002. 2. It is not a matter of dispute, that the benchmark for promotion to the post of Chief Commissioner of Income Tax, under the prevailing DoPT guidelines was “very good”. In other words only such of the Commissioners of Income Tax, whose service record was “very good” would be treated as satisfying the “merit” component in the process of selection. When the claim of the appellant arose for consideration, the five Annual Confidential Reports which were liable to be taken into consideration were, for the years 1995-1996 to 1999-2000. Of the aforesaid Reports, in three the appellant was graded as “good” (for the years 1995-1996, 1996-1997 and 1998-1999), and in the remaining two he was graded as “very good” (for the years 1997-1998 and 1999-2000). On account of the fact, that the appellant did not satisfy the benchmark stipulated in the DoPT guidelines, he was not considered fit for promotion, to the post of Chief Commissioner of Income Tax.
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