Reported in : [2007(1)JCR12(Jhr)]
.....that the learned trial court has erred also in placing reliance upon the testimony of a minor girl who is merely aged 3 and 1/2 years including the fact that the medical evidence does not support her statement.6. learned counsel for the state, on the other hand, while controverting the arguments advanced on behalf of the appellant, submits that from the deposition of the victim girl (pw 2) as recorded by the trial court, it appears that the trial court had satisfied itself that the witness was intelligent enough to understand the question and answer the same and thereafter proceeded to record her statement and furthermore, statements of the victim girl finds adequate corroboration by her parents (pw 1 and pw 3) and also from the evidence of pw 4 and that of the investigating officer (pw 7). learned counsel explains the reason why the doctor did not find any external mark of violence on the private part of the victim part as because the girl was examined almost more than three days after the alleged date of occurrence. it is further submitted that considering the evidence of the victim girl and that of her parents (pw 1 and pw 3) that the blood was found oozing out from the.....
Tag this Judgment! Ask ChatGPTReported in : [2007(2)JCR278(Jhr)]
.....is required to be taken by the special court constituted for it. it is not the allegation that the packets of rice which were seized were earmarked for the distribution through the public distribution system rather one thakur singh has claimed the rice packets to be his own and that thakur singh had filed a petition for the release of his rice packets. moreover, the government by notification has lifted the control from the rice of its sale, purchase and transportation.5. in the facts and circumstances, the cognizance taken of the offence under section 7 of the e.c. act and charge proposed to be framed against the petitioner under the same section of e.c. act is not sustainable and, therefore, the petitioner rameshwar singh is discharged in jaridih p.s. case no. 116/2005 for the alleged offence under section 7 e.c. act and this petition is allowed.
Tag this Judgment! Ask ChatGPTReported in : [2007(1)JCR369(Jhr)]
.....allegations, as levelled by the informant (pw 3) in her fardbeyan and repeated in her evidence, are totally false, baseless and motivated and this fact would be evident from the delay of more than 34 days in lodging of the fir. learned counsel explains that though, informant claims that on 10.12.1991 when she had visited her daughter at the hospital, the deceased had made the alleged oral dying declaration accusing the present appellants of causing the burn injuries to her, but the informant did not make any attempt to inform the police or the attending doctors about any such revelation of the deceased. her explanation that she was threatened to remain silent by her son-in-law. (a-1) and other accused persons, is most unconvincing and even if the same is considered for the sake of argument, there is no explanation offered by her as to why after the death of the deceased at the hospital she did not lodge any information even when, according to her, all the accused persons had left the dead body of the daughter at the hospital and fled away. even thereafter, the informant did not lodge any information even at the ramgarh police station under whose jurisdiction, house of the.....
Tag this Judgment! Ask ChatGPTReported in : [2007(1)JCR244(Jhr)]
.....under work charge establishment shall not be counted.8. from the impugned order as contained in annexure-18 to the writ application as well as from the government circular dated 27/03/1987 as contained in memo no. 1503 which has been discussed above, i hold that the concerned authority rightly held that the petitioner was not entitled to the relief as claimed by him. the impugned order is based on government orders and circular applicable to the petitioner and, therefore, in my view, no interference is required by this court in this writ application. accordingly, having found no merit, this writ application is dismissed.in the facts and circumstances of the case there shall be no order as to costs
Tag this Judgment! Ask ChatGPTReported in : [2007(1)JCR379(Jhr)]
.....bhagat was convicted for the offence under section 376 of the indian penal code and sentenced to undergo rigorous imprisonment for 10 years.2. brief facts of the case, which was registered on the basis of the first information report lodged by the prosecutrix on 27.1.1998, is that the accused had established sexual relation with her for the past 11 years prior to the date of lodging of the fir, on the assurances of marriage and during this period, she had conceived several times and was made to undergo termination of her pregnancy each time by the accused. it was when the accused refused to marry her and had proceeded to marry elsewhere, she decided to lodge complaint against the accused and had forwarded a letter to the superintendent of police and on his direction, she appeared at the police station where her fir was recorded and the case was registered against the accused.further case of the prosecution is that after registration of the case, prosecutrix was medically examined by the doctor, who had on the date of her examination had assessed the age of the prosecutrix in between 20 to 22 years.3. accursed had preferred to be tried, refusing to plead guilty to the charge.4......
Tag this Judgment! Ask ChatGPTReported in : 2007(I)OLR64
.....of criminal procedure.3. the petitioner in w.p.(crl) no. 267 of 2006 is a private limited company having its registered office at bhubaneswar and factory at dubalpal, telkoi in the district of keonjhar within the state of orissa. the company is engaged in manufacturing sponge iron. the company supplies sponge iron to different firms within and outside the state of orissa. it had supplied 2310.66 m.t. of sponge iron to m/s. saboo ispat pvt. limited and its sister concerns in the state of himachal pradesh. the said supply was made in between 17.4.2006 to 1.5.2006. the supplies were made through rail link. it is the case of the petitioners that before the materials in question were dispatched, they were subjected to chemical test and after being satisfied with the required quality, dispatch was made. the materials were transported from the factory premises at telkoi to rourkela by truck and thereafter in the goods train to the destination. the supplies were made through a trading firm in the name and style of 'nava bharat' located in calcutta. after the supplies were made, the petitioners received a letter on 18.5.2006 from the managing director of the informant-company in which.....
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.....violation of clause 3 of the orissa pulses edible oil seeds and edible oil dealers licence control order, 1977 and accordingly, the offence under section 7 of the essential commodities act has been committed.3. the defence plea is complete denial of the prosecution case.4. according to the appellant, he loaded the edible tins in the truck near bijaya trading company and on the way as the truck suffered a break down, he unloaded the oil tins and kept in the godown. two witnesses were examined in course of the hearing and none on behalf of the appellant. on the basis of the evidence of the aforesaid two witnesses, the trial court was of the view that the appellant violated clause-3 of the orissa pulses edible oil seeds and edible oil dealers licence control order, 1977 and accordingly committed an offence under section 7(1)(a)(ii) of the essential commodities act.5. the learned counsel appearing for the appellant challenges the order of conviction and sentence on the ground that the appellant was a transporter and he was supposed to transport the said edible oil from khetrajpur to jharsuguda. on the way the vehicle broke down as a result of which, the tins had to be unloaded and.....
Tag this Judgment! Ask ChatGPTReported in : [2007(114)FLR942]; (2007)147PLR226
.....this plea need not detain us any longer. the infirmity in retrenchment by reference to section 25n cannot be ventured to be found out without laying factual foundation attracting application of the provision. it is basically a question of fact. a bare perusal of the claim statement shows that there were no such pleadings before the labour court. in the absence of requisite pleadings having been raised and documents having been brought on record of the labour court, we are not persuaded to entertain the plea. thus, we refrain ourselves to entertain the said plea having been raised for the first time before this court in proceedings under article 226 of the constitution of india.6. clause (b) of section 25f of the act expressly provides for payment of retrenchment compensation being made at the time of retrenchment and by implication it would be permissible to pay the same before retrenchment. in other words, a tender of compensation under section 25f of the act, in order to be valid, should be of precise amount and should be made simultaneously with termination of service. this is a condition precedent to a valid order of retrenchment. in the instant case, perusal of the impugned.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007SC290; [2007(112)FLR162]; JT2006(10)SC276; (2007)2LLJ401SC; 2006(11)SCALE545; 2006(2)LC1507(SC); 2006AIRSCW6087; AIR2007SC290; 2007-II-LLJ-401(SC).
.....government and the central government had direct control over the drc and fund is being provided by central government and we are satisfied from facts that the prima facie it is for determination of the relationship between the employer and the employee which is in existence in this case; central government is employer of the applicants and the employees are entitled to claim to be employees of the central government. in view of the aforesaid circumstances, we find that there cannot be any dispute in this case that the tribunal has no jurisdiction to adjudicate the grievance of the applicants who were directly appointed and being controlled by the central government. it is true that the aforesaid applicants are getting the pay and allowances as per rate prescribed by the govt. of west bengal. it is found that the scale prescribed by the government of west bengal has been adopted by the concerned authorities under the scheme. so, were adoption of the scale of the state government does not disentitle the applicants the right of status of the central government employees under the scheme. 13. in view of the aforesaid circumstances we are of the view that the applicants are the.....
Tag this Judgment! Ask ChatGPTReported in : 2006(113)ECC73; 2006LC73(SC); 2006(204)ELT18(SC); JT2006(10)SC524; 2006(11)SCALE619; 2007AIRSCW1493; 2007-08(6)VatToday28
.....appellant, submitted that the tribunal went wrong in classifying the product of respondent as perfumed hair oil although it never disclosed the manufacturing process involved therein. mr. madhav rao, the learned counsel appearing on behalf of respondent, on the other hand, supported the judgment. 3. before the assessing authority, respondent disclosed the manufacturing process undertaken by it, which is as under:(a) aqueous extract of mehandi, bhringraj, amla, doodhibeej seeds, renukbeej, ambagotti, is prepared and concentrated.(b) coconut oil in hearted with nagarevel pan. (c) concentrated aqueous extract is added to coconut oil and boiled. (d) milk solution is added to hot coconut oil and boiled. then kapur kachli powder is added.(e) bulk is cooled and fragrance is added. it is kept for 7 days and filtered.the assessing authority in its order furthermore noticed:they further submitted that the coconut oil is used in the said product for the purpose of using the same as base to enable application of the above referred ayurvedic ingredients. their product contains, time tested herbs with well known properties. they submitted the various properties of the said ayurvedic......
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