advocatemmmohan
Jharkhand High Court
Sec. 304 B I.P.C.= PANCHANAND MANDAL @ … APPELLANTS PACHAN MANDAL & ANR. VERSUS STATE OF JHARKHAND … RESPONDENT published in judis.nic.in/supremecourt/filename=40850
REPORTABLE Sec. 304 B I.P.C. Non – examination of the scribe A.S.I. of dying declaration is fatal to the prosecution; No evidence of cruelty or harassment in connection with demand of dowry soon before the death; prosecution failed to prove it’s case beyong reasonable doubts – Appeal allowed; Thus, we find that, practically there was … Continue reading
Whether the State Government had no jurisdiction to authorise the Special Judge to try these cases under FERA. on transfer from Magistrate court by way of Notification ? =Section 62 of FERA made the offence under Section 56 non-cognizable. Besides, Section 61 (1) of FERA stated that ‘it shall be lawful’ for the Magistrate to pass the necessary sentence under Section 56. It does not state that the Magistrate alone is empowered to pass the necessary sentence, in which case the proceeding cannot be transferred from his Court. = The error in A.S. Impex was correctly understood by the Division Bench of the Delhi High Court in Mahender Singh v. High Court of Delhi, (2009) 151 Comp Cas 485 (Delhi) and in N.G. Sheth v. C.B.I., 151 (2008) DLT 89. The Division Bench in both cases took a view different from that in A.S. Impex. However, both decisions having been rendered by Division Benches, A.S. Impex, could not be overruled. Therefore, I complete the formality and overrule A.S. Impex since it does not lay down the correct law in this regard. For the reasons stated above, there is no substance in the objections raised by the petitioners. The High Court has looked into Section 407 of Cr.P.C., referred to Articles 227 and 235 of the Constitution of India, and thereafter in its impugned judgment has observed as follows:- “Having perused Section 407 Cr.P.C. and Article 227 and 235, I have no hesitation to hold that this Court either in the administration side or in the judicial side has absolute jurisdiction to transfer any criminal cases pending before one competent Court to be heard and decided by another Court within the jurisdiction of this Court. This Court in its administrative power can issue direction that cases of particular nature shall be heard by particular court having jurisdiction.” For the reasons above mentioned, the Special Leave Petitions are dismissed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40834 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) Nos. 6219-6220 OF 2012 Kamlesh Kumar & Ors. … Petitioners Versus The State of Jharkhand & Ors. … Respondents J U D G E M E N T H.L. GOKHALE, J These Special Leave Petitions (Criminal) seek … Continue reading
whether the Coal Mines Provident Fund Commissioner is a public officer under the Union of India so as to attract the provisions of Order XXVII Rule 5A of the Code of Civil Procedure.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.41 OF 2012 (Arising out of SLP(C) No.5827 of 2011) COAL MINES P.F. COMMR. THR. BOARD OF TRUSTEE … APPELLANT Vs. RAMESH CHANDRA JHA … RESPONDENT J U D G M E N T ALTAMAS KABIR, J. 1. Leave granted. 2. The appellant … Continue reading
“If the sale and agreement to repurchase are embodied in separate documents, then the transaction cannot be a mortgage, whether the documents, are contemporaneously executed or not. In the case of agreement of re-purchase, the conditions of repurchase must be construed strictly against the original vendor and the stipulation with regard to time of performance of the agreement must be strictly complied with as the time must be treated as being of the essence of the contract in the case of an agreement of reconveyance.”
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1756 OF 2002 Gauri Shankar Prasad and Ors. …Appellants Versus Brahma Nand Singh …Respondent JUDGMENT Dr. ARIJIT PASAYAT, J. 1. Appellants’ Second appeal in terms of Section 100 of the Code of Civil Procedure, 1908 (in short the `Code’) having been dismissed … Continue reading
whether such negligence of the appellant was sufficient for the disciplinary authority to dismiss him from service. There was no charge against the appellant that he had in any way aided or abetted the offence under Section 392 IPC or that he knew that his son had stolen the car and yet he did not inform the police. The appellant, as we have held, was guilty of negligence of not having enquired from his son about the car kept in front of the government quarters occupied by him. The appellant had served the government as a Constable and thereafter as a Head Constable from 07.08.1971 till he was dismissed from service on 28.02.2005, i.e. for 34 years, and for such long service he had earned pension. In our considered opinion, the punishment of dismissal of the appellant from service so as to deprive him of his pension for the service that he had rendered for long 34 years was shockingly disproportionate to the negligence proved against him.
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 7548 OF 2011 (Arising out of S.L.P. (C) No. 19150 of 2008) Surendra Prasad Shukla … Appellant Versus The State of Jharkhand & Ors. … Respondents O R D E R A. K. PATNAIK, J. Leave granted. 2. This is an appeal … Continue reading
“498A. Husband or relative of husband of a woman subjecting her to cruelty. – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation. – For the purpose of this section, “cruelty” means- (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1745 OF 2010 (@ SPECIAL LEAVE PETITION(CRL.) No.4758 of 2009) SUNITA JHA … APPELLANT Vs. STATE OF JHARKHAND & ANR. … RESPONDENTS J U D G M E N T ALTAMAS KABIR, J. 1. Leave granted. 2. This Appeal is directed against … Continue reading
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