Court : UK Supreme Court
Decided on : Jul-13-2011
..... them depends upon a classification of the kind adopted by the court of appeal: see eg the wardship and children cases, including in re t (wardship: impact of police intelligence  ewhc 2440 (fam),  1 flr 1048, chief constable v yk  ewhc 2438 fam and in re d (minors) (adoption reports: ..... held that there was no justification for a claim for immunity for the entire class of documents generated by an investigation into a complaint against the police. 145.i would accept the submission made by ms rose that the following principles correctly state the approach to pii as it has stood until ..... having found (at pp 996-997) that there was nothing in them which was in any way prejudicial to the proper administration of the relevant police force or to the general public interest, directed that they be disclosed for use in the litigation. 144.it is common ground that the current ..... the countervailing public interest in having the claim litigated on the available relevant evidence. in reality such a position could only be avoided if the police made comprehensive admissions which absolved the court from the duty to enter into any of these issues. but a case which can only be ..... terrorism act 2008. 15. a striking example of a case where the court had to balance these two competing interests is carnduff v rock  ewca civ 680,  1 wlr 1786. a registered police informer brought an action against the police to recover payment for information and assistance provided to the police. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-05-2011
..... 7.40 a.m.) the appellant is said to have made a detailed confessional statement that was recorded by ashok kumar singh (pw18), inspector of police of s.r. nagar police station, near ap transco bill-payment office, ameerpet in the presence of two panchas, namely, s. chengaiah chetty and g. venkateswara reddy (pw12 ..... have obtained the cyanide as per his confessional statement. in his deposition before the court, pw4 stated that he was threatened and cajoled by the police to say that the appellant had obtained cyanide form him on the pretext of cleaning the computer parts. he stated before the court that in ..... venkateswara reddy (who had witnessed the recording of his confessional statement) to his residence at yellareddiguda where this time, at the instance of the accused, the police officer was able to find and recover one empty limca bottle-300 m.l., lying on a shelf. the limca bottle was seized in the presence ..... reserved his opinion as to the cause of death awaiting report from the forensic experts.9. according to the appellant, he was taken in custody by the police on september 4, 2000 itself, though was shown as formally arrested three days later, on september 7, 2000. but we may, for the present, ..... 302 of the penal code. he was not charged under sections 304b or 498a of the penal code or under the provisions of the dowry prohibition act, 1961.21. before the trial court, the prosecution examined as many as 18 witnesses and produced 20 documents that were marked as exhibits. the .....Tag this Judgment!
Court : Chennai
Decided on : Feb-07-2011
..... prosecution witness in the oral enquiry and only by production of documents everything was concluded without corroborating the charges and in effect, the enquiry officer has acted as a prosecutor. the petitioner has raised a specific point, as it is found in the report of the enquiry officer, as follows: " ..... was conducted itself is not in accordance with law, then the subsequent proceedings which have been conducted legally are not going to validate the unlawful act. for the reasons aforesaid, the writ petition is allowed and the order of dismissal passed by the first respondent stands set aside. it is ..... legal proof, as follows:"23. .... a decision must be arrived at on some evidence, which is legally admissible. the provisions of the evidence act may not be applicable in a departmental proceeding but the principles of natural justice are. as the report of the enquiry officer was based on merely ..... defeated. in this enquiry the prosecution just presented the documents and did not corroborate charges. in effect the prosecution has expected the inquiry officer to act as prosecution. this is not valid."10. even as per the details given in the report of the enquiry officer, it is not seen ..... been placed by the enquiry officer was the purported confession made by the appellant before the police. according to the appellant, he was forced to sign on the said confession, as he was tortured in the police station. appellant being an employee of the bank, the said confession should have been proved .....Tag this Judgment!
Court : Jharkhand Ranchi
Decided on : Feb-15-2011
..... secluded place near christian graveyard (hereinafter referred to as the place of occurrence). at about 6.30 a.m. p.w. 9 nand lal prasad, a police-man of hatia police station, on being informed, came to the place of occurrence. the fire was extinguished, and the body of the deceased was found in a badly burnt ..... expected that they would produce the said photographs and have them proved by this witness pw-22 as being the same photographs which were handed over to the police or to the c.b.i. since no such attempt has been made, therefore, the secondary and hearsay evidence of this witness on the point of ..... be to give out every fact which would lead to the punishment of the culprit, and (3) his deceased sister had earlier launched a criminal case in bariyatu police station based on her love affair with one p.p.n. rai, thus the back-ground is not so 'prestigious' as to sustain the explanation. the post ..... any independent corroboration, solely on the bald and dogmatic opinion of such a person, even if such opinion is assumed to be admissible u/s 45 of evidence act.26. to summarise, we find (a) that the motive which has been proved is at best that there was some relationship between the accused and the deceased ..... of examination1. the three .38" revolvers (marked w/1, w/2 and w/3) ofthe parcel q-2 described above are 'firearms' as defined in the arms act, 1959 and are in working order.2. the .38" fired bullet (marked bc/1 contained in the parcel no.q-1 had been fired from the .38" revolver .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-18-2011
..... he at his own, collected the piece of evidence in his personal laptop, on which so called confessional statement of accused shekhar tewari and vinay tewari, while they were in police custody, are said to have beenrecorded by him. further, he made an attempt to get proved the said material, furnished from his personal laptop by summoning anant jananey as cw ..... sessions judge has also observed that the defence would be permitted to produce the persons, who had interviewed smt. shashi gupta in his defence, which establishes that learned judge is acting very fairly without prejudiceness to any one, but is proceeding to decide the matter expeditiously under the directives of this court as well as honble supreme court. after hearing the ..... required in this matter by this court. in reply, the learned counsel for the petitioners submitted that so far as mr. pal singh and gajraj singh are concerned, they are acting either on allurement or under pressure of learned trial judge, therefore, their confessions are not so much relevant. so far as the evidence of that very piece is concerned, he ..... which came to his knowledge in court as such judge or magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. illustrations (a) a, on his trial before the court of session, says that a deposition was improperly taken by b, the magistrate. b cannot be compelled to answer questions as .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-31-2011
..... the scheme of amalgamation. a meeting of the shareholders of rukmani commodities private limited shall be convened and held at 7c, kiran shankar roy road, ground floor, calcutta-700001 on the 14th day of april, 2011 at 2.30 p.m. for the purpose of considering and if thought fit approving with or without modification, the ..... the shareholders of amit barter private limited (hereinafter referred to as the transferee company) shall be convened and held at 7c, kiran shankar roy road, ground floor, calcutta-700001 on the 14th day of april, 2011 at 2.00 p.m. for the purpose of considering and if thought fit approving with or without modification, the ..... said meeting of the shareholders of rukmani commodities private limited to be held as aforesaid at a remuneration of 600 gms. in default of either, the other may act. such chairpersons appointed for the said meetings, or any person(s) authorised by them do issue and send out the notice of the meeting(s) referred to ..... the place and times as aforesaid together with a copy of the said scheme of amalgamation, a copy of the statement under section 393 of the companies act, 1956 and the prescribed form of proxy be sent and received by ordinary post or by hand delivery to each of the said shareholders of the applicant ..... said meetings and his reports shall be verified by their respective affidavits. this application is disposed of. the chairpersons and all parties concerned are to act on a signed photocopy of this order on the usual undertakings. .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-30-2011
..... the scheme of amalgamation. 3. a meeting of the shareholders of prachi agencies private limited shall be convened and held at 10, kiran shankar roy road, 1st floor, calcutta- 700001 on the 29th day of april, 2011 at 2.30 p.m. for the purpose of considering and if thought fit approving with or without modification, the scheme ..... of the shareholders of hi-tech heritage limited (hereinafter referred to as the transferee company) shall be convened and held at 10, kiran shankar roy road, 1st floor, calcutta-700001 on the 29th day of april, 2011 at 2.00 p.m. for the purpose of considering and if thought fit approving with or without modification, the scheme ..... said meetings and stating that the copies of the said scheme together with the copy of the statement required to be sent under section 393 of the companies act, 1956 and the prescribed form of proxy can be obtained free of charge at the respective registered office of the applicant companies or at the office of their ..... with a copy of the said scheme of amalgamation as also a copy of the statement required to be sent and received under section 393 of the companies act, 1956 and the prescribed form of proxy be served by courier or by hand delivery or by registered post to each of the shareholders of the applicant companies ..... date of the meetings and his reports shall be verified by his affidavit. this application is disposed of. the chairperson and all parties concerned are to act on a signed photocopy of this order on the usual undertakings .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-17-2011
..... , an advertisement convening the same and stating that copies of the said scheme of amalgamation and the statement required to be furnished pursuant to the section 393 of the companies act, 1956 and the forms of proxy can be obtained free of charge at the registered office of the applicant companies or at the office of their advocates, be inserted once ..... in business standard calcutta edition and once in dainik statesman. publication of the notice of the meetings in the calcutta gazette is dispensed with. that the advocates for the transferee company do within seven days from this day file in court the ..... place and time as aforesaid together with a copy of the said scheme of amalgamation, a copy of the statement required to be sent under section 393 of the companies act, 1956 and the prescribed form of proxy be served by under certificate of posting or by hand delivery to each of the equity shareholders of the applicant companies concerned at ..... be verified by their respective affidavits. let the summons be signed as of date c.a. no.274 of 2011 is disposed of. the chairpersons and all parties concerned to act on a photocopy of the minutes of this order duly signed by an officer of this court being served on them on the usual undertaking. .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Apr-07-2011
..... the respondent union. the learned single judge also committed a serious error in law upon holding that the whole organization of the appellant no.1 at calcutta is covered and controlled by the nathdwara temple act, 1959 and the rules framed there under overlooking the evidence on record, written statement of the respondent union and the specific findings of the learned tribunal ..... sri nathji temple at nathdwara district. udaipur, rajesthan. hence, my considered view is that sri nathji bhandar, calcutta cannot be held to be a temple for the sake of industrial disputes act, 1947. 21. the learned tribunal also held that a third category employees are employed in the establishment of the appellant no.1. the learned ..... and order under appeal passed by the learned single judge are set out hereunder: in the present case, the specific act and rules do not say that sri nathji bhandar of calcutta is a temple as per section 2(viii) of the act. the persons concerned are not directly involved with such type of religious and spiritual activities of the idol situate at ..... . the learned judge of the tribunal also specifically admitted the aforesaid fact in the impugned award as hereunder:sri nathji bhandar at calcutta is not included in temple of nathdwara as per act and rules and is purely of commercial in nature as also held by the gratuity commissioner, govt. of west bengal in worker govind lal upadhyays award in the year .....Tag this Judgment!
Court : Mumbai
Decided on : May-06-2011
..... he is a estate agent having his office in matunga. at the relevant time, he was proceeding towards v.t. station. that time police constable called him to act as a panch. when he visited the office of c.i.d., he was explained about the purpose for which he was called. ..... had a duty to protect people, particularly, women, children and helpless has betrayed the confidence reposed in him and brought bad name to the entire police force. according to him, the learned additional sessions judge committed error in not awarding sentence of imprisonment for life. as against this it is ..... facility of taking print-outs showing incoming and outgoing calls. the mobile no. 9224132263 is of tata mobile. after receipt of request letter from the police for seeking information of incoming and outgoing calls from the aforesaid mobile number, he arranged to take print-outs. in the court, he had produced ..... incomplete sexual intercourse." 21 initial cross-examination of pw-16 dr. chavan is centered around format to be used while recording findings, presence of lady police officers and obtaining consent of the victim and conversation with the victim. in cross-examination, pw-16 gave some far reaching admissions, which we would ..... 15.00 hours. prosecutrix and pw-2 pramod followed pw-3 sumit to the police chowky where they met the accused. the other 4 boys and 4 girls also joined them. alleging that they were involved in indecent acts, the accused asked all others to go away except prosecutrix and pw-2 pramod .....Tag this Judgment!