Court : US Supreme Court
..... .5%), (1996) (15,249; 40.8%) online at http://www-nrd.nhtsa. dot.gov/cmsweb/listpublications.aspx?id=e&showby;=doctype (all internet materials as visited apr. 11, 2008, and available in clerk of court s case file); see also michigan dept. of state police v. sitz , 496 u. s. 444 , 451 (1990) ( no one can seriously dispute the magnitude of the ..... facts, 2006 traffic safety annual assessment alcohol-related fatalities 1 (no. 810821, aug. 2007), http://www-nrd.nhtsa.dot.gov/pubs/810821.pdf (as visited apr. 11, 2008, and available in clerk of court s case file). even so, we find that dui falls outside the scope of clause (ii). it is simply too unlike the provision s listed examples for us ..... the united states no. 06-11543 larry begay, petitioner v. united states on writ of certiorari to the united states court of appeals for the tenth circuit [april 16, 2008] justice breyer delivered the opinion of the court. the armed career criminal act imposes a special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who also have three or ..... the united states begay v . united states certiorari to the united states court of appeals for the tenth circuit no. 06 11543.?argued january 15, 2008 decided april 16, 2008 the armed career criminal act (act) imposes a special mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior convictions for committing certain drug crimes .....Tag this Judgment!
Court : Kolkata
..... understand the questions. jahangir hossain similarly was confronted with 47 questions which included his identification by p.w. 2 in the t.i. parade in the court and of recovery against him and to all the questions his common answer was 'he knew nothing about the incident'. the entire prosecution evidence was similarly ..... 22) sahid ali (exbt. 23), jahangir hossain (exbt. 24) and ramesh singh (exbt. 25) recorded by the i.o. under section 27 of the evidence act on 09-03-2000, 10-03-2000, 15-03-2000 and 18-03-2000 respectively could not be relied upon. their statements were lengthy but the entire statements have ..... statements under section 27 of the evidence act are not to be relied upon and the evidence of recovery of monies consequently pursuant to such statements have no force in the eye of law. ..... points strenuously urged are that the evidence of p.w. 24 to the effect that the appellants made statements allegedly under section 27 of the evidence act cannot be believed. in other words, it has been submitted that the statements of the appellants recorded by the i.o. said to be the ..... statements of sahid ali, jahangir hossain, tony anthony, parameswarlal soni and ramesh singh and pursuant to their statements leading to recovery under section 27 of the evidence act he recovered 1 lac from parameswarlal soni, rs. 2.20 lac from tony anthony, rs. 60,000/- from sahid ali, rs. 10,000/-from jahangir .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(5)ALD110; 2008(5)ALT66
..... line of enquiry further.24. in anna narasimharao and ors. v. kurra venkata narasaiah and ors. (1981) 1 an.wr 323, the learned judge of this court while dealing with section 85 of the act, the scope and ambit thereof observed at para 4 as hereunder:the question that arises for consideration in this case is no longer res integra. a long ..... the appellant-society.23. in gram panchayat, mandapaka and ors. v. district collector, w.g. district, eluru and ors. : air1982ap15 , the division bench of this court while dealing with section 85(1) and (3) of the act aforesaid observed at paras 7 to 10 as hereunder:on a consideration of the rival contentions, we are inclined to accept the construction contended for ..... the light of section 86 of the act in particular then the findings recorded by the appellate court cannot be sustained and the decree and judgment made by the court of first instance may have to be restored by allowing the second appeal.17. as already specified above, the second ..... rules, the plaintiff has an enforceable legal right over the tank in question, the findings recorded by the appellate court to be confirmed. if, on the contrary, this court arrives at a conclusion that in the light of the different provisions of the act, especially, in the absence of any resolution by the gram panchayat setting apart this tank for washing purposes in .....Tag this Judgment!
Court : Kolkata
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
..... on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct.17. while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation of principles ..... . 11 sought leave and filed a supporting affidavit on such day. in the order of march 5, 2008, it was provided, inter alia, as follows:the substance of the affidavit filed by the respondent no. 11 may be dealt with by the university in its affidavit-in-opposition ..... that the two sail on the same boat and have either to stand or fall together. an order passed by this court at the initial stage of the proceedings is placed on behalf of the respondent no. 11. on march 5, 2008 when this matter was first called on, the university sought two weeks' time to use an affidavit. the respondent no ..... thinking. the university's affidavit was not filed within two weeks, or even after three weeks. on march 28, 2008 the university sought a further adjournment of two weeks to file its affidavit. the university was allowed time till april 12, 2008 and the petitioner was permitted two days' time to use a reply.32. the respondent no. 11 submits that the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(4)ALT369
..... its favour.39. the principles laid down by these authorities, applied to the facts of the present case, indicate the ultimate refusal of the trial court to act upon the will to be not a sound exercise of judicial discretion. the only discrepancy in the evidence for the plaintiffs about the will was the ..... the cross-examination of p. w.1 or during the evidence of d.ws. 1 to 3, presumed the will to be genuine and acted upon. the trial court also noted that ex. a-2 pattadar pass book covers s.no.227/3 which was item 5 of the plaint schedule and ex. a ..... on record in this case shows nothing unusual or suspicious behind ex. a-5 as to displace the presumption rightly drawn by the trial court under section 90 of the evidence act.34. in haradhan mahatha v. dukhu mahatha : air1993pat129 , it was observed that it is extremely difficult and sometimes impossible to prove handwriting ..... taking an active part in getting ex. a-5 will executed, also was considered as a strong suspicious circumstance and though the trial court noted that the hindu succession act conferring absolute rights on women in properties, came into force only in 1956, still considered that it cannot be said that the sons and ..... he was about. this presumption was justified under section 90 of the evidence act also and fortified under section 114 of the evidence act also.37. in munshi ram v. thakar dass air 1951 pepsu 87, it was pointed out that the court is not bound to raise a presumption with respect to every document said to .....Tag this Judgment!
Court : Guwahati
..... set aside on the grounds of unsustainability in law and facts, i do not feel it necessary to address the question of the legality of the 2008(4) board of trustees for the port of calcutta v. batliboi & co. ltd. 453 arbitration proceeding itself being vitiated due to appointment of a ..... judicial notice of any pecuniary benefit given to a particular contractor by another department under certain special circumstances. i am also of the view that courts and arbitrators should decide the disputes within the framework of the contract agreement itself and there is no scope of giving any latitude in interpreting ..... usages of the trade. hence, the impugned award is also de hors to section 28(3) of the arbitration act.16. it is needless to say that while deciding commercial disputes the courts/tribunals/arbitrators cannot travel beyond the terms and conditions of the contract agreement. in other words, there is no ..... such contract have to be read with all rigidity and there cannot be any scope of giving liberal interpretation thereof nor can an arbitrator or court travel beyond the terms and conditions of the contract agreement. as noted earlier the contract of transportation of some goods was awarded to the respondent ..... , it can be held that the term 'public policy of india' is required to be interpreted in the context of the jurisdiction of the court where the validity of award is challenged before it becomes final and executable. the concept of enforcement of the award after it becomes final is .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 2008CriLJ3117
..... accidentally. no suggestion on the lines of this plea was put either to pw-16 jai dev sharma or his wife nisha, who was examined as a court witness by us. also, the accused did not lead any evidence on the lines of this plea. he even did not disclose the names and addresses ..... on account of grave provocation and also upon sudden quarrel and in the heat of passion. it was also urged by him that even if the court felt that neither there was any provocation offered by the deceased nor was there any sudden quarrel and fight, still the facts and the circumstances of ..... having physical relations with her for the last several years and, therefore, there was no motive or intention on his part to kill her.8. trial court did not accept any of the aforesaid self contradictory stands of the accused and convicted him of the offence of murder, under section 302, ipc and section ..... witnesses in all. evidence of some of them is of formal nature. witnesses, whose evidence is material and has been placed reliance upon by the trial court for basing the conviction of the accused, are p.w. 16 jai dev sharma, who was present on the spot when the incident took place and who ..... called accused, is directed against the judgment of sessions court, whereby he has been convicted of offence of murder, punishable under section 302, ipc and illegal use of licensed fire arm for the commission of the offence of murder, punishable under section 30 of the arms act, 1959, and sentenced to undergo imprisonment for life and .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 2008CriLJ2927
..... extraordinary jurisdiction.26. learned counsel for the complainant-respondent by placing reliance on the judgment of the hon'ble supreme court in the case of sunita jain v. pawan kumar jain : (2008)2scc705 , contended that inherent power under section 482 of the code can be exercised only in rarest of rare cases ..... ground for proceedings against the accused.(iii) where the allegations were so vexatious and frivolous so as to amount to abuse of process of court.(iv) where there were manifestly attended by a mala fide grudge or oblique purpose or personal vendetta prior to lodging of complaint/fir and ..... by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceeding the high court would be justified in quashing the proceeding on that ground. absence of the requisite sanction, may, for instance, furnish cases under this category. ..... of the complaint, contended that the allegations made therein constitute an offence as the complainant was induced to subscribe to the scheme and after having acted on the said scheme on the basis of inducement by the petitioners therein, the petitioners could not back out from the same and, thus, ..... alleged, is made out and the continuation of proceedings would be nothing but an abuse of the process of the court.2. petitioner no. 1 is a company registered under the companies act, whereas petitioner no. 2 is its managing director while petitioner nos. 3 and 4 were connected with the affairs .....Tag this Judgment!
Court : Delhi
Reported in : 2008CriLJ4107
..... that any particular case or appeal be transferred from high court to another high court or from a criminal court subordinate to one high court to another criminal court of equal or superior jurisdiction subordinate to another high court.(2) the supreme court may act under this section only on the application of the attorney ..... argue the matter for the respondents in crl. rev. p. 114/2007 and crl. rev. p. 280/2007, thus this court vide order dated 20-03-2008 closed the right of the said respondents to advance any further submissions. however, the gpa holder of the respondent in crl. rev. ..... the position of law on obscenity and summarized the various tests laid down of obscenity. 43. recently, in vinay mohan v. delhi administration 2008 ii ad (delhi) 315, pradeep nandrajog j. while dismissing the petition against framing of charge held that it is a recognised principle of law ..... interest in protecting children from exposure to harmful material was held not to justify 'an unnecessarily broad suppression of speech addressed to adults'. the court observed that the undefined terms 'patently offensive' and 'indecent' were wide enough to cover large amounts of non-pornographic material with serious educational ..... p. 280/2007 entered appearance on 31-03-2008 and requested to make further submissions in that behalf which was permitted. 8. india has embraced different eras and civilizations which have given her .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(128)ECC117; 2008(154)LC117(SC); 2008(227)ELT52(SC); JT2008(7)SC83; 2008(8)SCALE643; (2008)8SCC358; 2008(3)Supreme596
..... 25 kgs. 'brimstone'38. in h.p.l. chemicals ltd. v. commissioner of c. excise, chandigarh : 2006(197)elt324(sc) whereupon strong reliance has been placed by mr. doabia, this court was concerned with classification of salt and `denatured salt', the tribunal in that case also held:.on a study of the process of manufacture we find that certain chemicals are ..... are attracted only when the heading is not specific or the product is a composite one.the said finding of the tribunal was held to be not correct by this court stating that 'denatured salt' is specifically included in chapter heading no. 25.01.39. in regard to chapter note 1 of chapter 25 in hsn, this ..... court observed:apart from this, similar chapter notes also appears in chapter no. 1 of chapter 25 in hsn which clearly provides that residuary sodium chloride left after chemical processing is .....Tag this Judgment!