Supreme Court of India Raja @ Ayyappan vs State Of Tamil Nadu on 1 April, 2020Author: S. Abdul Nazeer Bench: L. Nageswara Rao, S. Abdul Nazeer 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1120 OF…
Supreme Court of India Alembic Pharmaceuticals Ltd. vs Rohit Prajapati . on 1 April, 2020Author: Hon’Ble Dr. Chandrachud Bench: Hon’Ble Dr. Chandrachud, M.R. Shah REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No. 1526 of 2016 Alembic Pharmaceuticals…
1. Not on Board. Due to extreme urgency the matter has
been moved at my residence at 6:30 p.m. today (Tuesday).
Learned counsel tenders a copy of a screenshot of website
www.marinetraffic.com indicating that the defendant vessel is
within the territorial waters falling within the jurisdiction of this
court at 5:13 pm today. The said copy is taken on record and
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marked “X” for identification.
2. Heard the learned Counsel appearing on behalf of the
plaintiff and also considered the averments made in the plaint. On
going through the plaint, I find that a prima facie case for arrest of
the defendant vessel is made out. In the present case, the claim in
the plaint is a maritime claim. They are the dues of the plaintiff
for providing services to the defendant vessel as evidenced from
the Purchase Orders and Invoices annexed to the Plaint. This
claim will therefore squarely fall within the meaning of a maritime
claim as defined in Section 4(1)(l) of the Admiralty (Jurisdiction
& Settlement of Maritime Claims) Act, 2017.
2. This Criminal Application is filed for suspension of
substantive sentence and for grant of bail.
3. Applicant No.1 is convicted and sentenced for offences
punishable under Sections 354, 147, 148, 323, 504, 506 of the
Indian Penal Code and U/Ss. 3(1)(x) and 3(1)(xi) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
and appellants No. 2 to 5 are convicted for the offences punishable
under Sections 147, 148, 323, 504, 506 of the Indian Penal Code
and U/Ss. 3(1)(x) and 3(1)(xi) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. The maximum
sentence of imprisonment of three years is given to accused No.1
and other accused are sentenced to suffer R.I for two years and fine
is also imposed.
2. Copy of the appeal memo is perused by this Court.
Copy of the order made by the learned Addl. Sessions Judge,
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2 Cri.Appeal No. 297/2020
Bhoom Dist. Osmanabad, in Criminal Bail Appln. No. 37/2020 dated
13th March 2020 is seen.
3. The first information report is given by one hotel owner.
According to him, in incident dated 15 th February 2020 he was
virtually kidnapped from his residential place and he was assaulted.
He has made allegation that he is labour, who belongs to Scheduled
Caste. Present applicant No.1 Ashok Lakhe owed him some amount
in respect of catering services given by the informant and he was
not ready to make payment of that amount. Even further
allegations are made that from his pocket, cash amount was taken
away by the present applicants. In the said complaint, allegations
are made that the report was given to falsely implicate him in the
case of theft of battery of Solar Lamp. The first information report
is given on 18th February 2020.
2. This Court has gone through the first information report,
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which is given by the Naib Tahsildar. The incident in question took
place on 29th February 2020. There was information of illegal
excavation of sand and so the Revenue Authorities went to the spot.
The persons, who are owners of the vehicle and who were involved
in illegal excavation and carrying sand, obstructed public servants.
Allegations are made that the persons, namely Sachin Chalse and
his associates threw stones at the Revenue Officers. Present
applicant was one of them. The learned Addl. Sessions Judge, Jalna,
rejected the application filed U/S. 438 of Cr.P.C. bearing Bail Appln.
No. 273/2020 by holding that provision of section 149 of I.P.C. is
used and as there is section 307 of I.P.C., which is punishable with
life imprisonment, anticipatory bail cannot be granted.
2. Heard the learned Counsel for the applicant for the
interim relief. Seen the order passed by the learned Addl. Sessions
Judge, Bhoom Dist. Osmanabad. Seen the copy of F.I.R., complaint
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2 A.B.A. No. 359/2020
dated 6th March 2020 by present applicant given to the Tahsildar in
respect of illegal excavation of sand and the copy of panchnama
prepared by the Revenue Authority in respect of illegal excavation of
sand. The learned Counsel for the applicant submitted that on the
basis of the complaint made by the present applicant, action was
taken against uncle of informant of the present matter and due to
that false F.I.R. is lodged against him. Allegations are made by the
informant that present applicant demanded Rs. 50,000/- as ransom
money for not making complaint against the informant. The
informant is running a fair price shop.
2. Both the sides are heard.
3. This Court has seen the copy of the first information
report. Incident in question took place on 25th December 2019.
There are allegations against present applicant that he intercepted
S.T. bus by using motorcycle, pulled the informant/driver down from
the bus, abused him and assaulted him in the presence of
Conductor and passengers. The first information report was given
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2 B.A. No. 280/2020
immediately and the crime came to be registered for the offences
punishable U/Ss. 353, 341, 332 and 294 of the Indian Penal Code at
Basmat (Rural) Police Station.
2. Both the sides are heard.
3. This Court has gone through the copy of the first
information report. Victim girl is aged about 16 years and she has
made allegation against present appellant that he was following her
with an ill intention. Her photograph was posted on whats-app by
the present appellant and due to all this circumstance, she gave
report to the police station on 11 th February 2020. The photograph
was posted on whats-app on 3rd February 2020. Since 27th February
2020, appellant is behind bar.
4. In view of the nature of allegations, the appellant is
behind the bar, and after hearing the learned Addl. Public Prosecutor
and it is not certain when the case will be decided when there is
scare of Corona virus, this Court holds that the appeal needs to be
allowed. In the result, the following order is passed:
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2 Cri.Appln. 991/2020
2. Seen the judgment and order passed by the learned
Addl. Sessions Judge, Ahmednagar, in Sessions Case No. 10/2019
dated 11th March 2020. The appellants/applicants are convicted for
the offences punishable under Sections 307, 325, 427, 450, 506
read with Section 149 of the Indian Penal Code and the maximum
sentence of imprisonment of four years is given and fine is also
3. Notice of the Criminal Application for suspension of
substantive sentence is already given to the learned Addl. Public