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id_1293
1
The adjudication of stamp duty is a time‑consuming affair and it would not align with the goal of the Arbitration and Conciliation Act, 1996, which is to ensure the expeditious appointment of arbitrators and the conclusion of the proceedings with the least judicial interference. If the Supreme Court of India refrained ...
id_1293
2
We now proceed to examine the question, whether the word existence in Section 11 merely refers to contract formation (whether there is an arbitration agreement) and excludes the question of enforcement (validity) and therefore the latter falls outside the jurisdiction of the Supreme Court of India at the referral stage...
id_1293
3
We have noticed that in the case of fraud, misrepresentation or coercion, the person whose consent is procured on the said basis may insist that the contract be performed and that he be put in the position he could have been in if the representation had not been made. In this context, Section 64 of the Indian Contract ...
id_1293
4
We find the expression validation used in the decision of the Supreme Court of India in Hariom Agrawal v. Prakash Chand Malviya30, which we shall refer to in greater detail later. This necessarily means that the Supreme Court of India would not view it as enforceable, and therefore, not existing in law. In the sense ex...
id_1293
5
Section 74 of the Evidence Act defines a public document. It reads: \Public documents. The following documents are public documents: Documents forming the acts or records of the acts of the sovereign authority, of official bodies and tribunals, and of public officers, legislative, judicial and executive, of any part of...
id_1293
6
The Bench followed the reasoning and upholding of the decision in SMS Tea Estates Private Limited (supra), and held: A close look at Section 11(6‑A) would show that when the Supreme Court or the High Court considers an application under Sections 11(4) to 11(6), and comes across an arbitration clause in an agreement or ...
id_1293
7
Sub-Section (1) of Section 38 provides that when the person impounding an instrument under Section 33 admits such instrument in evidence upon payment of a penalty as provided by Section 35 or of duty as provided by Section 37, he shall send to the Collector an authenticated copy of such instrument, together with a cert...
id_1293
8
It is clear from the scheme of reference that when the applicant approaches the Supreme Court of India for appointment of an arbitrator, he is not required to file the original arbitration agreement; an attested copy of the agreement may be annexed at the pre‑referral stage. Such a copy is not an instrument as defined ...
id_1293
9
London Court of International Arbitration (LCIA) Arbitration Rules, Article 23, Jurisdiction and Authority: The arbitral tribunal shall have the power to rule upon its own jurisdiction and authority, including any objection to the initial or continuing existence, validity, effectiveness or scope of the arbitration agre...
id_1293
10
I am also concurring with the view that what is permissible to be produced as secondary evidence that is, other than the original document in terms of Section 2(a) of the scheme framed under Section 11(10) of the Act, is nothing but certified copy as mentioned earlier. But such a certified copy would not be available t...
id_1298
0
Writ Petition No. 27614 of 2017 Reserved: 23 November 2021 Delivered on: 21 March 2022. Petitioner: P. Subburaj. Respondents: The Principal Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai 600009; and The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai 600035., T...
id_1302
0
Further to amend the Code of Criminal Procedure, 1973 in its application to the State of Gujarat, it is hereby enacted in the Seventy‑second Year of the Republic of India as follows: This Act may be called the Code of Criminal Procedure (Gujarat Short Title and Amendment) Act, 2021. Commencement: It shall come into for...
id_1304
0
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR\nCriminal Reference No. 1/2023\nPetitioners: Pooja Gurjar, Smt. Rekha Gurjar, Smt. Narayani Gurjar\nVersus\nState of Rajasthan, through Public Prosecutor, For the petitioners: Mister Biri Singh Sinsinwar, Senior Advocate, assisted by Mister Harendra Singh Sinsinwar, Mist...
id_1304
1
In accordance with the mandate of the Supreme Court in Jagjit Singh (supra), a victim now has unbridled participatory rights in all criminal proceedings in relation to which the person is a victim, but that in itself is no reason to implead a victim as a party to any such proceedings, unless otherwise specifically so p...
id_1305
0
Criminal Revision Cases Nos. 743, 1273 and 1274 of 2022. Orders Reserved on 01 September 2022 and Pronounced on 16 September 2022., Criminal Revision Case No. 743 of 2022: Tekepat Satish Chandra Menon, Petitioner versus Asha Panickar and Uday Krishnan Menon, represented by his mother and natural guardian Asha Panickar,...
id_1305
1
The surgery was recommended in the year 2005 and now, we are in the year 2022, the child was not taken to the United States for so long., Even currently when the doctors are recommending, it is not specifically recommended that the child has to be taken only to the United States., The mother has not produced any docume...
id_1306
0
CS(COMM) 567/2022 & I.A. 13067-69/2022. Through: Mr. Sidharth Chopra, Ms. Sneha Jain, Ms. Vriti Jindal & Mr. Akshay Maloo, Advocates. Versus: None. This hearing was conducted in hybrid mode. Interim Application 13069/2022 (for exemption) is allowed, subject to all just exceptions, and the application is disposed of. In...
id_1307
0
Through: Mr. Sandeep Sethi, Senior Advocate with Mr. C. M. Lall, Senior Advocate with Mr. Shreya Sethi, Advocate versus Defendants. Through: Mr. Amit Sibal, Senior Advocate with Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Udita, Mr. Revanta Mathur, Ms. Nimrat Singh and Mr. D. Khanna, Advocates for Defendants 1 to 4., Interi...
id_1309
0
Dr. Mukut Nath Verma, the petitioner, appeared in person through video conferencing. The learned Additional Advocate General, Sri Manish Goel, assisted by Sri A.K. Sand, learned Additional Advocate General for the State respondent, represented the Union of India, through the Home Secretary., The writ petition seeks the...
id_1309
1
Perusal of the contents of the afore‑quoted reply/letter of the Superintendent of Police, Mahoba dated 21.12.2020 prima facie reflects about the conduct of the petitioner., Perusal of the swearing clause as afore‑quoted would reveal that the afore‑quoted paragraphs of the writ petition have been sworn by the petitioner...
id_131
0
Criminal Writ Jurisdiction Case No. 240 of 2022 arising out of Police Station Case No. 2 Year 2021, Thana Vigilance, District Patna. Yadav, resident of Vice Chancellor House, Magadh University, Parmanand Path, near D.M. Residence, Gaya, Bihar, is the petitioner. The respondents are: (1) The State of Bihar through the C...
id_131
1
It was also observed that an office of public power cannot be the workshop of personal gain., In this factual background, the requirement under Section 17A of the Prevention of Corruption Act, 1988 has to be understood., The Prevention of Corruption Act, 1988 is a special statute and the very preamble of the Act declar...
id_131
2
WJC No.240 of 2022 dated 24-05-2022 petitioner for attempting to accept undue advantage for himself while committing such acts during the tenure of his service., Those facts pointed out by the Special Vigilance Unit are not being referred to and discussed in the order as any deliberation on such materials might prejudi...
id_1310
0
Date of decision: 29th March 2023 Through: Ms. Nitya Ramakrishnan, Senior Advocate with Mr. Rahul Kripalani, Ms. Rea Bhalla and Ms. Supraja V, Advocates versus Mr. Alok Kumar Rai, Advocate. By way of the present petition under section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution...
id_1312
0
Date of decision: 16th December, 2020. Through: Ms. Vrinda Grover, Senior Advocate with Mr. Ankur Sood, Advocates, versus Mr. Rajesh Kr. Gautam, Mr. Anant Gautam and Mr. Nipun Sharma, Advocates for Respondents 1, 2 and 4, and Mr. Varun Mishra, Advocate for Respondent 3. Prathiba M. Singh, Judge (Oral)., This hearing ha...
id_1313
0
Jaswant Chanda Kochhar is the applicant/plaintiff and ICICI Bank Ltd. is the defendant. The plaintiff is represented by senior advocates Mr. Aspi Chinoy, Mr. Darius Khambata, Dr. Birendra Saraf, Mr. Aditya Mehta, Mr. Ali Antulay, Mr. Rahul Dwarkadas, Ms. Silpa Nair, Ms. Juhi Bahirwani and Ms. Sanaya Contractor of Verit...
id_1313
1
Consequently, any acceptance by ICICI Bank of this offer is necessarily on the basis that the offer was made pursuant to the terms of the Early Retirement Scheme (ERS). This is made clear by the letter dated 4 October 2018 which expressly refers to the ERS as the basis for granting early retirement benefits to Mrs. Koc...
id_1313
2
I am not inclined to accept these contentions, in view of the fact that apart from the prima facie view arrived at that Employee Stock Option Plans Contract and Employment Contract are two separate contracts, there is no reference made in the Employee Stock Option Scheme, in particular Section VIII (4) thereof that the...
id_1315
0
Special Leave to Appeal Criminal No. 3482 of 2023 has been filed by the victim (redacted as XXX) assailing the correctness of the order dated 20 February 2023 passed by the Circuit Bench of the High Court of Calcutta at Port Blair granting bail to respondent No. 2 (Jitendra Narain), Ex‑Chief Secretary of Andaman and Ni...
id_1316
0
BAIL Application No. 1536 of 2021. Applicant: Nitin Raj. Opposite Party: State of Uttar Pradesh. Counsel for Applicant: Nitin Kumar Mishra and Kamlesh Kumar Singh. Counsel for Opposite Party: Honourable Mohammad Faiz Alam Khan, Judge, Additional Government Advocate., The counter affidavit filed by the State is taken on...
id_1318
0
Neutral Citation Number of LPA-676/2022: 2022/DHC/005243. Date of decision: 29 November 2022. LPA 676/2022 and CM Applications 50205/2022, 50206/2022, 50208/2022. Through: Miss Maninder Acharya, Senior Advocate, with Mister Ishan Dewan, Mister V. Siddharth, Mister Viplav Acharya, Miss Udita and Miss Priyal Bopana, Advo...
id_1319
0
CS (COMM) 344/2023 & I.As. 11777/2023, 15925/2023, Through: Mr. Chandra Prakash, Advocate along with Plaintiff in person versus Through: Mr. Mohit Chaudhary, Mr. Kunal Sachdeva and Ms. Srishti Bajpai, Advocates for Defendant No. 1. The hearing was conducted in hybrid mode., The present suit has been filed seeking a per...
id_132
0
The instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 23 May 2023 passed by learned Additional Sessions Judge, Family and Sexual Trafficking Court, POCSO, North‑West, Rohini Courts, New Delhi (Trial Court) in Sessions Case 53715/2016 ...
id_1320
0
M.Cr. C. No. 40839/2021 Reserved on 06 September 2022 Pronounced on 19 December 2022 This petition having been heard and reserved for orders, coming on for pronouncement this day, Honourable Justice Satyendra Kumar Singh pronounced the following: The petition under Section 482 of the Criminal Procedure Code has been pr...
id_1323
0
December 7, 2023 Court No. 14 Writ Petition (Civil) Act 27100 of 2023 Sankar Ghosh and others versus the State of West Bengal and others. Mr. Rajdeep Mazumder, Mr. Moyukh Mukherjee, Mr. Anish Kumar Mukherjee, Ms. Sagnika Banerjee for the petitioners. Mr. Kishore Dutta, Mr. Amitesh Banerjee, Mr. Rudrajit Sarkar, Ms. Amr...
id_1324
0
All India Gaming Federation, a society registered under the Societies Registration Act, 1860, represented by its General Secretary and Authorized Signatory Sunil Krishnamurthy, having its registered office at Tiffany, 1st Floor, Hirandandani Road, Hiranandani Estate, Ghodbunder Road, Patlipada, Thane (West), Maharashtr...
id_1324
1
Entry 34 in the State List relates to betting and gambling and enables the State Legislature to make laws on betting and gambling, or both. There is no legal impediment preventing the State from making a law on the subject of betting per se, including betting on games of skill, pursuant to Entry 34 in the State List an...
id_1324
2
Section 5 of the Act of 2022 empowers the Authority, with the previous approval of the Government, to make regulations consistent with the provisions of the Act or the Rules. Sub‑Section (2) of Section 5 of the Act of 2022 states that regulation may provide for (a) time limit, monetary limit, age restriction or such ot...
id_1324
3
Suppose that the two fighters were of rival communities and one of them tried to raise communal passions. The problem is still one of law and order but it raises the apprehension of public disorder. Other examples can be imagined. The contravention of law always affects order but before it can be said to affect public ...
id_1325
0
Through: Mr. Aman Nandrajog, Mr. Amitabh Sinha and Mr. Anupam Pandey, Advocates versus Through: Mr. Ajay Vikram Singh, Appellant for the State with Sub‑Inspector Sunita, Police Station IGI Airport. The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 seeking qu...
id_1327
0
WP(C). 24896 of 2022 Dated this the 21st day of February, 2023 Petitioner in this writ petition claims to be a public‑spirited person and an active social worker. He has filed this writ petition, challenging the illegal detention of transgenders at Palarivattom Police Station on account of wearing black dress to expres...
id_133
0
Through: Mr. Virendra Singh, Advocate versus Respondent. Through: Mr. Sanjiv Sabharwal, Learned Appellant. Mr. Kanhaiya Singhal, Ms. Priyal Garg, Ms. Saumya Sharma, Mr. Prasanna, Advocates for Respondent No.2, SI Mahesh, Police Station Alipur, Delhi. Allowed subject to all just exceptions. The application stands dispos...
id_1332
0
Appellant: Rohit Chaturvedi. Respondent: Smt. Neha Chaturvedi. Counsel for Appellant: Satish Chaturvedi. Counsel for Respondent: Yogendra Pal Singh. Honourable Saumitra Dayal Singh, Judge. Honourable Shiv Shanker Prasad, Judge., The matter is listed in top ten cases. List revised. Heard Sri Satish Chaturvedi, learned c...
id_1334
0
The Supreme Court Collegium has recommended the names of the following Judicial Officers for appointment as Judges of the High Court of Madhya Pradesh. On 11 May 2023 and 9 August 2023, the Chief Justice of the High Court of Madhya Pradesh, in consultation with his two senior‑most colleagues, made the above recommendat...
id_1335
0
At the outset, we note that, even according to the appellant husband, there is a delay of 195 days in filing the appeal. However, we will deal with the matter on merits. Through the instant appeal, the appellant husband seeks to assail the order dated 08 June 2023 passed by the learned Judge of Family Court, South Sake...
id_1336
0
Revisionist: Mr. X (Minor). Opposite Party: State of Uttar Pradesh and Another. Counsel for Revisionist: Satendra Singh. Counsel for Opposite Party: Additional Government Advocate, Mukesh Kumar Maurya. Honorable Mrs. Jyotsna Sharma, Judge., Heard Satendra Singh, learned counsel for the revisionist, and Additional Gover...
id_1337
0
Further to amend the Advocates Act, 1961. Be it enacted by Parliament in the Seventy‑fourth Year of the Republic of India as follows:, This Act may be called the Advocates (Amendment) Act, 2023 and shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint., After...
id_1338
0
Chanda, wife of Prakashsingh Rathod, aged about 37 years, occupation nil, residing with Ritesh Thakur, Baghel Niwas, ND-42, J1/24 Hudco Bus Stop, Near Saimangal Karyalaya, New Nanded, present address. Prakashsingh, also known as Prakash, son of Ramadharsingh Rathod, aged about 40 years, occupation service, residing at ...
id_1339
0
Consumer Complaint Number CC/95/2022 was instituted on 18 January 2022 and the decision was dated 30 October 2023. The complainant is Vineet Marwaha, son of Ved Parkash Marwaha, resident of 5520/1 Modern Housing Complex, Manimajra, Chandigarh 160101. The opposite parties are: Make My Trip (India) Private Limited, 19th ...
id_134
0
Dr. P. Varavara Rao, aged 83 years, Indian inhabitant, residing at 419, Himasai Heights, Lane No.6, Jawahar Nagar, Secunderabad, Telangana, and presently at Retreat House, Room No.17, Kane Road, Bandra (West), Mumbai, Maharashtra 400050, is the petitioner. The National Investigation Agency, an agency constituted under ...
id_134
1
The 23 of 33 doctors who have examined the accused for the concerned ailments happen to be experts/specialists in that branch of medicine. It is stated in the affidavit that at the time of examination of the accused, he was not given an opportunity to place on record the problems and difficulties faced by him. In our o...
id_1342
0
Government of India Ministry of Law and Justice Department of Justice (Appointments Division) Jaisalmer House, 26, Man Singh Road, New Delhi-110011. Dated: 2nd February 2024., In exercise of the powers conferred by Article 223 of the Constitution of India, the President is pleased to appoint Shri Justice Gurmeet Singh ...
id_1346
0
Appeal No. 17 of 2021 presented on 01-02-2021, registered on 01-02-2021, decided on 11-04-2023. Duration: 2 years, 2 months, 10 days. Appellant: The State of Maharashtra. Respondents. Advocate Manoj More for appellant. Advocate Chitra Phadke for respondents. CORAM: His Honourable Additional Sessions Judge, Shri S. N. S...
id_1347
0
Leave granted. A Division Bench judgment of Rajasthan High Court, dated 25.11.2021, is under challenge before the Supreme Court of India. Apart from the appeals, there are three writ petitions as well before the Supreme Court of India, on the same issue. All the same, while dealing with these cases, for facts, we would...
id_1347
1
Trained teachers not just in central schools but in primary schools throughout the country, which would include State run schools. A meeting was held on 28 May 2018 in the Ministry of Human Resource Development, headed by the Minister concerned. In the meeting it was decided to recognise Bachelor of Education (B.Ed.) a...
id_1349
0
Imran Iqbal Shaikh Applicant v/s. The State of Maharashtra and others. Respondents: Mr. Sunny Aaron Waskar, Ms. Harshada Morey and Mr. Shamish Marwadi for the Applicant. Mr. S.V. Gavand, Assistant Public Prosecutor for the State. Mr. Veerdhawal Deshmukh, appointed by the Special Court for Report No.2. Mr. Vilas Tambe, ...
id_135
0
Reserved on: 5th July, 2022. Date of decision: 26th July, 2022. (Formerly Cadbury India Limited). Through: Ms. Prakriti Vaishney, Advocate. Prathiba M. Singh, Judge., The present suit has been filed seeking permanent and mandatory injunction and damages for infringement of trademark and copyright, passing off, unfair c...
id_135
1
The aspect of 'initial interest' was explained by this Court in Baker Hughes Limited v. Hiroo Khushalani as under: \In some case, however, it is also possible that such a purchaser after having been misled into an initial interest in a product manufactured by an imitator discovers his folly, but this initial interest b...
id_1350
0
Petitioners Mehmood Pracha, Jatin B. Hatt and Harshit S. Gahlot, Advocates, filed the present petition under Articles 226 and 227 of the Constitution of India. The prayers are: (a) to issue a writ, order or direction, including a writ of mandamus, directing the police authorities or Respondent No. 6 to register appropr...
id_1351
0
Shivaji Nagar Rahivashi Co-operative Housing Society Limited, a society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 bearing registration no. 1373/2004, having its registered address at G‑4, Shivaji Nagar, D. G. Mahajani Path, Sewree, Mumbai 400015, and Coventry Properties Private...
id_1351
1
A co-operative housing society incorporated under the Maharashtra Co-operative Societies Act, 1960 having its address at Building 45, Nehru Nagar, Kurla (East), Mumbai 400024. Respondents: a society registered under the Maharashtra Co-operative Societies Act, 1960 (MAH.XXIV of 1961) under Registration No. BOM/HSG/8002 ...
id_1351
2
Adult Indian inhabitant residing at Sai Prasad, 10th Road, Chembur, Mumbai 400071, through her Power of Attorney holder Mr Kiran M Shah. M/s Trinity Builders, a partnership firm duly registered under the provisions of the Indian Partnership Act 1932, having its office at 204 Akshay Plaza, 1st Road, Chembur, Mumbai 4000...
id_1351
3
A Body corporate established under Section 3 of the Maharashtra Housing and Area Development Act, 1976, having its address at Grihanirman Bhavan, Kala Nagar, Bandra (East), Mumbai 400051, an officer of Respondent No.1 having his office address at Grihanirman Bhavan, Kala Nagar, Bandra (East), Mumbai 400051, a co‑operat...
id_1351
4
He also relied upon the definition of Development Authority under Section 2(8) and Local Authority under Section 2(15) of the said Act. He also relied upon the definition of the Authority constituted under the Maharashtra Housing and Area Development Act, 1976 under subsection 15(c)(ii) of Section 2 of the Maharashtra ...
id_1351
5
The petitioners have prayed for setting aside the demand notices for development charges at this initial stage and prayed for reliefs in respect of labour welfare cess or development cess at the later stage., On 27th August 1946, the grant was made with respect to the property of the land admeasuring 1,045 square yards...
id_1351
6
Learned senior counsel submitted that demolition of the old building and reconstruction of a new building is building operations and a development within the meaning of Sections 2(5) and 2(7) of the Maharashtra Regional and Town Planning Act (MRTP Act) for which permission and an application are required., It is submit...
id_1351
7
The petitioners have paid a premium of Rupees 3,61,30,000 and have been paying annual rent. Learned senior counsel relied upon clause 2(i) of the Indenture of Lease dated 19 July 2010 entered into between the Maharashtra Housing and Area Development Authority and Respondent No.4‑Society. He submitted that under the lea...
id_1351
8
Reconstruction and redevelopment of cessed buildings in the Island City by Co‑operative Housing Societies or of old buildings belonging to the Brihanmumbai Municipal Corporation: For reconstruction or redevelopment to be undertaken by Co‑operative Housing Societies of existing tenants or by Co‑operative Housing Societi...
id_1351
9
Section 22(m) of the Maharashtra Regional and Town Planning Act provides as to what a Development plan shall generally indicate. Regulation 4 of the Development Control Regulations, 1991 excludes construction for operational purposes, including maintenance of operational structures, by the organisations, authorities or...
id_1351
10
The Supreme Court of India held that looking to the scheme and intent of the provisions in question and applying the principles aforesaid, the Court had no hesitation in accepting the submissions made on behalf of the appellants that the contents of the provision under consideration call for purposive interpretation so...
id_1353
0
Phool Singh, Appellant, versus the State of Madhya Pradesh, Respondent. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.09.2019 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 875/2000, by which the High Court dismissed the appeal preferred by the appellant-a...
id_1353
1
It is very unfortunate that in this case the sister‑in‑law and mother‑in‑law though being women did not support the prosecutrix. On the contrary, she was compelled to go to her parental house and thereafter the First Information Report was lodged. Being women, at least the sister‑in‑law and mother‑in‑law ought to have ...
id_1354
0
Criminal Appeal No. 66 of 1949, filed by the appellant, was heard by the High Court of Delhi on 1 February 1949. The appellant was convicted under Section 302 of the Indian Penal Code for the murder of Mahatma Gandhi, under Section 120B of the Indian Penal Code for conspiracy, under Section 5 of the Indian Arms Act, an...
id_1354
1
Badge accordingly went to a side of a worker of the Hyderabad State Congress, whom he had sold a revolver and gave this to for the revolver and some cartridges. Badge and Shankar left Poona for Bombay with the revolver and four cartridges on 17 January 1948. Shankar got down at Dar and Badge at Borinder Victoria Termin...
id_1354
2
In the year 1947 and ending with the 20th January 1948, the case was based principally on the evidence of Badge, who, as mentioned above, was granted a pardon on 1st June 1948. An accomplice is a competent witness against a prisoner, but he can escape the consequences of his own acts by helping the prosecutor to secure...
id_1354
3
It is not a fact that I had gone with Madan Lal to the Golee Market to take meals in the evening of 19 January 1948. It is not a fact that I had gone to the Golee Market to meet on the morning of 20 January 1948., It is not a fact that when I reached the Hindu Mahasabha office on the night of 19 January 1948, Apte rebu...
id_1354
4
Doctor Jain was approached by Madanlal, who told him that Karkare had formed a party at Ahmednagar that was collecting arms and ammunition. Karkare was said to be keeping a close watch on Madanlal and would not allow him to move about alone. Madanlal confided that he had been entrusted with the task of planting a bomb ...
id_1354
5
The witness states that the accused kept standing because he wanted his fellow conspirators to perform the parts assigned to them. After he had been arrested he did not request the police to take him to Mahatma Gandhi., Another remarkable coincidence is that when Madanlal was arrested on the afternoon of 20 January he ...
id_1354
6
The second bag belonged to Gopal. That bag was left in a cupboard at the Hindu Mahasabha office before Gopal and his companions went to the Birla House., The identification parade was held on 28 February 1948. Witnesses stated that the bag contained photographs and a hand‑grenade. The prosecution story conflicted with ...
id_1354
7
On 20th January, the G.L. Cotton's laboratory was exploded by Madan Lal Surjit Singh. The taxi driver in whose vehicle he stated to have travelled was unable to identify him. Chhotu Ram PeWel stated that he was one of the persons who were present at Birla House., The other evidence has been produced against him. The co...
id_1354
8
The witness was arrested at 2:30 am on 3 February within a few hours of his having made a statement to the Home Minister of the Gwalior State. He was detained in custody at the police station of Gwalior from 3 February to 11 April. He was taken to Bombay while he was in police custody in the police station at Worli and...
id_1354
9
In the first subsection of section 34 of the Indian Penal Code, which defines the offence of conspiracy, the case was assigned to a Special Judge appointed under the Criminal Procedure Code. The Special Judge was empowered to hear the appeal and the questions that arose for decision. The facts presented in the present ...
id_1354
10
The offence of criminal conspiracy is defined under Section 120 of the Indian Penal Code. It is punishable under Section 120B when the object of the conspiracy is to commit an offence such as murder, which is covered by Section 302. The conspiracy may also be punishable under Section 109 when the conspirators intend to...
id_1354
11
Lord Mansfield told the jury that there could be no occasion to prove the fact of conspiracy and that the same had to be collected from collateral circumstances. He observed that the Crown may be a party to the same criminal agreement and that the question of conspiracy could generally be established on the basis of ci...
id_1354
12
Badge got down at Dadar station and proceeded to the Hindu Mahasabha office. He did not find the Mahasabha office or Nathuram Godse there. He waited for them for about half an hour. Later he and Shankar left the office to take some tea. They met Apte, who told Badge that arrangements had to be made for the material and...
id_1354
13
Godse and Apte were receiving assistance from various persons. They were involved in a transaction in which items were delivered to Dixitji Maharaj and subsequently handed over to Karkare. Payment for the transaction was delayed, and the parties could not rely solely on cash; mutual accommodation was inevitable. The it...
id_1354
14
Professor Jain testified that he had read about the explosion incident in newspapers dated 21 January 1948. He stated that the person who had been arrested in connection with the explosion was named in those reports, and that he had personal knowledge of the individual. Professor Jain said that Madanlal had come into c...
id_1354
15
Professor Jain gave evidence that Madan Lal had informed him about arms, ammunition and explosives stored at Poona. Angad Singh says that this was mentioned by Professor Jain to him according to Mister Desai. Professor Jain also told Madan Lal that he had been told by Savarkar that the explosives were stored at Poona w...
id_1354
16
Nathuram Godse learned from counsel that the Special Judge of the Bombay High Court was to consider the evidence that the appellant had engaged a taxi and that the witness testimony was not convincing., The taxi was engaged to collect money for the expenses of the expedition to Delhi. The witnesses named Aitappa Krishn...
id_1354
17
The witness testified that on 8 March he was with Gopal for two hours. He identified Gopal during the identification parade held on that date, as described by Mr. Karkare. The witness stated that he had no prior knowledge of the accused and that his identification was based solely on visual observation., The manager of...
id_1354
18
The cross‑examination of Gopal Godse on 30 July 1948, conducted by counsel, recorded the following statement: \You held discussions in regard to the distribution of the material and how the material was to be used.\ The witness testified that the discussions had taken place in the room of Nathuram Godse in regard to a ...
id_1354
19
It is true that the musical practitioner who was cited as a witness was not able to produce any identification. However, the witness inclined to attach any important observation to this condition. The review of the testimony of the magistrate who held the parade, Mr. Kishan Chand, indicated that Nathuram had a bandage ...
id_1354
20
According to the witness, Apte and Nathuram left about half an hour after the witness later left for Poona at some time after 10 p.m. on the night of 26 January 1948. The witness admitted having seen Nathuram and Gopal for the first time on 25 January 1948 at their house., It was urged that the father of the witness, G...
id_1354
21
Karkare was made to produce a pair of glasses which had not been put on before the witness. The railway tickets dated 30th and 31st were found in the possession of Karkare and Nathuram at the Delhi Railway on the 29th or 30th of 1948. The tickets were recovered from the railway ticket office and were presented as evide...
id_1354
22
```json Before dealing with individual cases I should like to consider Nathuram Godse against the finding of the existence of the conspiracy. It was urged in the first place that on 10th January there could be a conspiracy entered into for the murder of Mahatma Gandhi. It pointed out that till 12th January 1948 there w...
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Shri K.P. was released on 16 February 1948 after being detained since the first week of July 1948., The magistrate recorded a confession on 18 February 1948; the confession was obtained under duress and was not voluntary., The case was heard by the Delhi High Court on 24 May 1948., The learned Special Judge held that t...
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Special Judge. The learned Judge. June 1949. True Copy. Supervisor. Approved for reporting by.
id_1356
0
Sri Ankan Tilak Paul, Petitioner-in-person, versus The State of Tripura and others, Respondents. Petitioner-in-person: Sri Ankan Tilak Paul, Advocate. For the Respondents: Mr. T. D. Majumder, Senior Advocate; Mr. Tapash Halam, Advocate. (Indrajit Mahanty, Chief Justice) Heard learned counsel for the respective parties....
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0
Special Committee of the Bar Council of Delhi headed by Shri K.C. Mittal, Member of the Bar Council of Delhi, and Dr. N.C. Sharma, Chairman of the Coordination Committee, along with Shri Raman Sharma, Secretary General of the Coordination Committee, and the Presidents and Secretaries of the All Bar Associations, after ...
id_1358
0
BLAPL No.351 of 2023 Sureswar Mishra and another, Petitioners, versus State of Odisha, Opposite Party. For Petitioners: Mr. Asok Mohanty, Senior Advocate; Mr. D. Nayak, Senior Advocate; Mr. B.K. Ragada, Advocate; Mr. L.N. Patel, Advocate. For Opposite Party: Mr. K.K. Gaya, Additional Standing Counsel. Date of hearing: ...