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sanjay kumar

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Death sentence converted in to 30 years without remission = not a fit case where the death sentence awarded to the appellants should be affirmed.= ends of justice would meet if they are awarded the sentence of 30 years without remission. The facts and circumstances involved in the instant case do not meet the requirement of rarest of rare cases as explained hereinabove and we are of the considered view that it is not a fit case where the death sentence awarded to the appellants should be affirmed. Considering the current trend in view of the judgment of this Court in Swamy Shraddanand (2) @ Murali Manohar Mishra v. State of Karnataka, (2008) 13 SCC 767 which has subsequently been followed by this Court as is evident from the judgments in State of Uttar Pradesh v. Sanjay Kumar, (2012) 8 SCC 537; and Gurvail Singh @ Gala v. State of Punjab, (2013) 2 SCC 713, we are of the considered opinion that ends of justice would meet if they are awarded the sentence of 30 years without remission. = Madhu @ Madhuranatha & Anr. …Appellants Versus State of Karnataka …Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41020

Death sentence converted in to 30 years without remission =   not a fit case where  the           death  sentence  awarded  to  the  appellants  should   be   affirmed.= ends  of         justice would meet if they  are  awarded  the  sentence  of  30  years         without remission.   … Continue reading

Motive : 19. Normally, there is a motive behind every criminal act and that is why investigating agency as well as the Court while examining the complicity of an accused try to ascertain as to what was the motive of the accused to commit the crime. In a case, which is based on circumstantial evidence, motive for committing the crime assumes greater importance. Of course, if each of the circumstances proved on behalf of the prosecution is accepted for purpose of recording a finding that it was the accused who committed the crime, even in absence of proof of a motive for commission of such a crime, the Crl.A.Nos. 939/2001, 27/2002 & 953/2001 Page 9 of 20 accused can be convicted. But the investigating agency as well as the Court should ascertain as far as possible what was the immediate motive on the part of the accused which led him to commit the crime. 20. No doubt in circumstantial evidence, motive assumes greater importance but absence of it does not undermine credibility of the prosecution case. Motive remains hidden/ locked in the heart of the culprit and it is a well known dictum that even the devil may not know the thoughts of a man. Motive is a fact which no human being but the party himself can divine. Therefore, failure to discover a motive for an offence does not signify its absence and failure to produce evidence does not fatally affect it.

Crl.A.Nos. 939/2001, 27/2002 & 953/2001 Page 1 of 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : 23rd January, 2012 % DECIDED ON : 17th February, 2012 + CRL.A. 939/2001 ALOK KUMAR ….. Appellant Through : Mr.O.P.Malviya with Ms.Gitanjali Malviya Advocates. CRL.A. 27/2002 SANTOSH KUMAR ….. Appellant Through : Mr.Ravinder … Continue reading

The petitioner is the owner of construction equipment vehicles which are used in the mining industry. The question whether they are liable to life tax under the Andhra Pradesh Motor Vehicles Taxation Act=whether or not the Rocket Boomers used for tunneling and drilling works are motor vehicles. On such application being made, the RTA shall, if necessary, consult the manufacturers of those vehicles or experts in the field of construction equipment and determine the question as to whether the owners of those vehicles are liable to pay life tax after getting their vehicles registered under the MV Act. All the other writ petitions, subject to the observations in this common order, shall stand dismissed. There shall be no order as to costs.”

THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR                                WRIT PETITION NO.51 OF 2012 DATED:3.1.2012 Between:   SMS Infrastructure Ltd., Thummalapally, Uranium Mine Project Vemula Mandal, Y.S.R. Kadapa District Rep. by its Chief Vigilance and Administrative Officer S.M. Khaleel, S/o. Late S.M. Bazlullah R/o.D.No.4-8-205/6 Subhakar Reddy Colony Pulivendula … Continue reading

The Andhra Pradesh Electricity Regulatory Commission entertained a Fuel Surcharge Adjustment (FSA) claim made by the Andhra Pradesh Power Co-ordination Committee on behalf of the four Distributing Companies (DISCOMS) in the State for the financial year 2008-09 and by its proceedings dated 05.06.2010 permitted them to levy FSA charges as indicated therein on all consumers, except LT agricultural consumers, for the four quarters of that financial year. The proceedings dated 05.06.2010 came to be challenged before this Court in a batch of writ petitions by aggrieved consumers.=Whether the Andhra Pradesh Power Co-ordination Committee constituted under G.O.Ms.No.59 dated 07.06.2005 has locus standi to file an application on behalf of the four Distributing Companies? 3) Whether the application filed by the Andhra Pradesh Power Co-ordination Committee on behalf of the Distributing Companies is barred by limitation? Whether the Andhra Pradesh Electricity Regulatory Commission has inherent power under Regulation 55 of the Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 to condone such delay? 4) Whether the Andhra Pradesh Electricity Regulatory Commission is obligated to comply with the principles of natural justice while passing the impugned order determining FSA?

THE HON’BLETHE CHIEF JUSTICE SHRI MADAN B.LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR   WRIT APPEAL NOS.858 OF 2011 AND BATCH   DATED 20TH JANUARY, 2012 BETWEEN   M/s.Jairaj Ispat Limited, Plot No.8, Phase-III, I.D.A., Jeedimetla, Hyderabad, Rep. by its Managing Director, S.K.Goenka and others. …Petitioners   And   A.P. Electricity Regulatory Commission, Rep. by its … Continue reading

the Andhra Pradesh Electricity Regulatory Commission has no power under Regulation 59 of the Business Regulations to enlarge the time stipulated in Regulation 45-B(4) thereof for the purpose of entertaining applications from the DISCOMS for determination of FSA. Such claims by the DISCOMS for the financial year 2008-09 are therefore hopelessly time barred.

THE HON’BLETHE CHIEF JUSTICE SHRI MADAN B.LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR   WRIT APPEAL NOS.858 OF 2011 AND BATCH   DATED 20TH JANUARY, 2012 BETWEEN M/s.Jairaj Ispat Limited, Plot No.8, Phase-III, I.D.A., Jeedimetla, Hyderabad, Rep. by its Managing Director, S.K.Goenka and others. …Petitioners And A.P. Electricity Regulatory Commission, Rep. by its Secretary, A.P. Singareni … Continue reading

in terms of Section 7(3) and Section 7(3-A) of the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act’), Gratuity is required to be paid within a period of thirty days from the date on which it becomes due and if it is not paid within that period, then interest is required to be paid at the rate notified by the Central Government from time to time for repayment on long term deposits. 9. In the present case, the Circular issued by the petitioners goes well beyond the statute and gives six months’ time for the petitioners to make payment. But, unfortunately, even this period has not been adhered to by the petitioners. The Tribunal was justified, on the facts of this case, to direct the petitioners to pay interest to the 1st respondent.

THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR                                          Writ Petition No. 1389 OF 2012 DATED:24-01-2012 Between: Union of India Represented by its Secretary, Railway Board, Ministry of Railways, New Delhi and others.                         …  Petitioners   And   K. Radha Krishna and others.                                     … Respondents               … Continue reading

“(ii) Levy of life tax on the CEVs in mining industry: Some CEVs are designed for digging, carrying, loading/unloading, drilling with or without special modification for use in mining industry. Section 10 of the Taxation Act exempts such CEVs used solely in mining and agricultural purposes from payment of MV Tax. The Section makes it conditional that all these vehicles should also be registered under the MV Act. Indeed any class of motor vehicles cannot be permitted to be driven in a public place without being registered in accordance with Chapter IV of the MV Act. As per Section 41, an application for registration shall be accompanied by such documents as may be prescribed by the Central Government by the Rules. As per Rule 47 of the Central Rules, an application for registration shall be made in Form 20 to the Registering Authority. There is no dispute that at the time of registration, Rule 3 of the Andhra Pradesh Motor Vehicles Taxation Rules, 1963 (the A.P. Rules) requires the Registering Authority to make an entry regarding the amount of tax paid in the certificate of registration. Rule 6 of the A.P. Rules requires the owner to make the payment of tax at the time of registration of the vehicle. Therefore even when a motor vehicle is designed and used for mining purpose, first it has to obtain registration by paying tax so as to seek exemption under Section 10 of the Taxation Act. The grievance of the petitioners, though well founded, in view of the additional affidavit filed by the Principal Secretary the position is now clear that all those petitioners who use the CEVs for mining operations, can seek refund of the life tax after obtaining the exemption from the competent authority.”

THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR                                WRIT PETITION NO.51 OF 2012 DATED:3.1.2012 Between:   SMS Infrastructure Ltd., Thummalapally, Uranium Mine Project Vemula Mandal, Y.S.R. Kadapa District Rep. by its Chief Vigilance and Administrative Officer S.M. Khaleel, S/o. Late S.M. Bazlullah R/o.D.No.4-8-205/6 Subhakar Reddy Colony Pulivendula … Continue reading

MOTOR VEHICLES ACT, 1988: s. 168 – Motor accident – Driver not holding valid driving licence – Tribunal’s direction to Insurance Company to pay compensation to dependants of victim and to recover the amounts from driver and owner of offending vehicle – Executing court directing Insurance Company to file suits for recovery – High Court declining to interfere – HELD: Tribunal must be held to have issued the directions in exercise of its inherent powers, keeping in view the social justice doctrine and in the interest of claimants – Impugned orders are set aside – Executing courts will proceed with the execution expeditiously – Execution of awards made by Motor Accident Claims Tribunal – Social Justice. The claim petitions filed by the dependents of the persons killed in motor accidents were allowed by the Motor Accident Claims Tribunals. However, as the drivers of the offending vehicles did not hold valid licences at the time of accidents, the Tribunals directed the Insurance Company to pay the amounts to the claimants and recover it from the respondent-drivers and owners of the offending vehicles. In the execution petitions, the executing court directed the Insurance Company to file suits for recovery. The petitions filed by the Insurance Company under Article 227 of the Constitution, having been dismissed by the High Court, it filed the appeals. -Allowing the appeals, the Court HELD: 1. The rights and liabilities of the parties to the contract of insurance would be governed thereby subject to the provisions of the Motor Vehicles Act, 1988. One of the conditions which would make the insurance company liable to reimburse the owner of the vehicle in respect of payment of the amount of compensation in favour of a claimant is that the driver of the vehicle must possess a valid driving licence. In the instant case, the licence of the driver of the offending vehicle was proved to be invalid. The courts, however, keeping in view the social justice doctrine wherefor the Act was enacted and in the interest of the claimants ,had been passing orders directing Insurance Company to make the payment and recover the same from the drivers and/or owners of the vehicles. The directions by the Tribunal must be held to have been issued in exercise of its inherent power. It would be travesty of justice, if the Insurance Company, which is directed to pay the amount, has to face immense difficulties in executing a decree. The impugned judgments cannot be sustained, and are set aside. The executing courts are directed to proceed with the execution and dispose of the same as expeditiously as possible. [Para 7 and 10] National Insurance Co. Ltd. v. Baljit Kaur (2004) 2 SCC 1; Oriental Insurance Company Ltd. v. Shri Nanjappan & Ors. (2004) 13 SCC 224; National Insurance Co. Ltd. v. Kusum Rai (2006) 3 SCALE 519; Oriental Insurance Co. Ltd. v. Zaharulnisha (2008) 12 SCC 385; and Dedappa v. National Insurance Co. Ltd. (2008) 2 SCC 595, relied on. Case Law Reference: (2004) 13 SCC 224 relied on para 6 (2004) 2 SCC 1 relied on para 8 (2006) 3 SCALE 519 relied on para 8 (2008) 12 SCC 385 relied on para 8 (2008) 2 SCC 595 relied on para 8 CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 5082 of 2009. From the Judgment & Order dated 25.09.2006 of the High Court of Punjab & Haryana at Chandigarh in C.R. No. 3231 of 2004. WITH C.A. No. 5083 of 2009. Nanita Sharma, Satbir Pillaina, M.K. Bhardwaj, Ashok K. Mahajan, A.K. De, Rajesh Dwivedi, R.C. Kaushik, Madhuri Gupta, Rani Chhabra for the appearing parties.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2009 (Arising out of SLP (C) No.3372 of 2007) New India Assurance Co. Ltd. … Appellant Versus Kusum & Ors. … Respondents WITH CIVIL APPEAL NO. OF 2009 (Arising out of SLP (C) No.4176 of 2007) United India Insurance Co. Ltd. … Continue reading

Narcotic Drugs and Psychotropic Substances Act: 1985: s. 37-Application for bail-Companies providing network facilities for arranging supply of banned psychotropic substance on line-Owner arrested u/ss. 24 and 29-Plea of applicant that his companies were protected from prosecution by s. 79 of Information Technology Act-Held: Applicant and his associates were not innocent intermediaries or network service providers as defined under s. 79 of I.T. Act but the said business was only a facade and comouflage for more sinister activity-In this situation, s. 79 will not grant immunity to an accused who has violated provisions of the Act as this provision gives immunity from prosecution for an offence only under I.T. Act itself-In the face of overwhelming inculpatory evidence it is not possible to give finding envisaged under s.37 of the Act for grant of bail that there were reasonable grounds for believing that applicant was not guilty of offence alleged, or that he would not resume his activities should bail be granted-Information Technology Act, 2000-s. 79. K.T.S. Tulsi and Uday Umesh Lalit, Arun Kumar Srivasma, Manoj Prasad, Amit Pawan and G. Bhargava for the Appellant. Vikas Singh, ASG., B.B. Singh, Binu Tamta and Sushma Suri for the Respondents.

CASE NO.: Appeal (crl.) 1659 of 2007 PETITIONER: Sanjay Kumar Kedia RESPONDENT: Narcotics Control Bureau & Anr DATE OF JUDGMENT: 03/12/2007 BENCH: S.B.SINHA & HARJIT SINGH BEDI JUDGMENT: JUDGMENT O R D E R CRIMINAL APPEAL NO. 1659 OF 2007 (@SLP (Crl.) No. 3892 of 2007) HARJIT SINGH BEDI, J. 1. Special Leave granted. 2. … Continue reading

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