AI Overview...
- Case No. 905 of 2001 - Overview and Main Points
- The case involves criminal proceedings initiated in 2001, with multiple references to its legal history, including convictions, appeals, and judgments Jamal Mian, S/o. Late Roshan VS State of Jharkhand - Jharkhand, Bijoy Kr. Sarangi VS Mohimohan Tripathy - Consumer, KRISHNA RAM and ORS vs STATE OF CHHATTISGARH and ORS - Chhattisgarh.
- The case was registered before the S.D.J.M., Bhubaneswar, involving allegations of financial misconduct, with the appellant initially undertaking to refund Rs. 5,00,000 but only refunding Rs. 1,70,000 Bijoy Kr. Sarangi VS Mohimohan Tripathy - Consumer.
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It also pertains to criminal charges under Section 394 (robbery) against accused persons, with details of loot and subsequent conviction upheld by lower courts KRISHNA RAM and ORS vs STATE OF CHHATTISGARH and ORS - Chhattisgarh.
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Legal Proceedings and Judgments
- The case saw multiple appeals and revisions, including a criminal revision challenging the trial court’s judgment, leading to acquittals for some petitioners (Petitioners No.1 and No.8) in Appeal No.140/2008, with the High Court affirming the acquittal Jamal Mian, S/o. Late Roshan VS State of Jharkhand - Jharkhand.
- The Supreme Court and High Court have addressed related issues such as default dismissals, restoration of suits, and the correctness of acceptance of nomination papers, emphasizing that mere procedural errors without material impact do not warrant setting aside election results KAMALAKSHI AMMA AND OTHERS vs C.P.RADHAKRISHNAN AND OTHERS - Kerala, Mehboob Khan VS Lallu Bhai - Madhya Pradesh.
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The case also involved considerations of procedural fairness, with courts noting that defaults or procedural lapses need to be materially significant to affect judgments or election outcomes PADMANABHAN vs SWAMINATHAN - Kerala.
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Key Insights
- The case exemplifies the importance of procedural compliance and the impact of procedural lapses on criminal and civil proceedings.
- It highlights the judicial approach of affirming lower court decisions unless material irregularities or violations are established.
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The case underscores the significance of clear evidence, especially in cases of financial misconduct and criminal charges, with courts requiring concrete proof before overturning judgments.
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References
- Jamal Mian, S/o. Late Roshan VS State of Jharkhand - Jharkhand, Bijoy Kr. Sarangi VS Mohimohan Tripathy - Consumer, PADMANABHAN vs SWAMINATHAN - Kerala, KAMALAKSHI AMMA AND OTHERS vs C.P.RADHAKRISHNAN AND OTHERS - Kerala, OCHI BAI VS MUNNA LAL - Madhya Pradesh, Vijay Singh(In Jail) vs State Of Chhattisgarh - Chhattisgarh, TAPAN SIKDAR VS HINDUSTHAN FERTILIZER CORPORATION LTD - Calcutta, Mehboob Khan VS Lallu Bhai - Madhya Pradesh.
Conclusion:
Case No. 905 of 2001 involved criminal and civil proceedings concerning financial misconduct, criminal charges under Section 394, and procedural issues related to default and election petitions. The courts emphasized the importance of material proof and procedural correctness, with some petitioners being acquitted upon appeal, and procedural lapses not sufficient to alter judgments unless materially significant.
Search Results for "Case no 905 of 2001"
2021 0 Supreme(Jhk) 1075 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Fact of the Case: The case involved a criminal revision against the judgment passed by the trial court, convicting ... the petitioners under various sections of the Indian Penal Code for their involvement in an incident that occurred in 2001. ... Appeal No.140 of 2008 whereby the Petitioner No.1 and petitioner No.8 have been acquitted in connection with Complaint case No.905 of 2001, corresponding to T.R. No.753 of 2008. ... Appeal No. 140/2008 dated 16.06.2015 by the learned Distric....
2002 0 Supreme(SC) 539 • India - Supreme Court
BRIJESH KUMAR, D.M.DHARMADHIKARI, D.P.MOHAPATRA
For the reasons aforestated we are of the view that on facts and in the circumstances of the case no interference with the impugned judgment/order of the High Court is called for. ... ... (1) BY the order passed on 23-2-2001, notice was issued to the respondents to show cause why the order granting maintenance in favour of Respondent 3 Kumari Rakhi shall not be modified to the extent that she is entitled to receive ... A similar question came up for consideration by this Court in the case of Noor Saba Khatoon v. Mohd. Quasim rela....
• India - Consumer
R.C.JAIN, S.K.NAIM
Case No. 905 of 2001 was registered in the court of the S.D.J.M., Bhubaneswar. The appellant gave an undertaking to refund the full amount of rupees 5,00,000/- within one month, but only rupees 1,70,000/- was refunded. ... The appellant and respondent Nos. 2 to 6 despite service of notice on them did not appear and contest the case. ... Annexure-5 to the complaint is an undertaking dated 16.5.2001 furnished by the appellant to refund rupees 5,00,000/- to the respondent no.1 within one month. ... In t....
2003 0 Supreme(MP) 467 • India - Madhya Pradesh
RAJENDRA MENON, UMA NATH SINGH
Gwalior in Claim Case No. 27 of 1993. ... Fact of the Case: The appeal is for enhancement of compensation awarded by the VI Motor Accidents Claims Tribunal, ... Likewise, in the case ofnanhoo Lal, 2001 acj 905 (MP), the deceased was 22 years old, claimants being father aged 52 years and mother aged 40 years, multiplier of 17 was adopted. ... In the case of Prema, 2001 acj 674 (MP), the deceased was a student of 20 years and claimant was her mother. In that #HL_START....
2009 Supreme(Online)(KER) 19791 • India - High Court of Kerala
M.N.KRISHNAN, J
Fact of the Case: The appeal was filed against the dismissal of a restoration application of a prior appeal that was ... Ezhome Grama Panchayat (2001 (1) KLT 905). In Muhammed's case the subject matter was that a suit was dismissed for default. In stead of filing an application to get it restored, an appeal was filed. ... The said decision will have no application to the facts of this case. The other decision is Manoharan's case. It was a case where a suit was dism....
2009 Supreme(Online)(KER) 20651 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
the potential merits of the appellants' case, thus allowing the appeal subject to specific conditions. ... Fact of the Case: The appellants, defendants in a money suit, failed to timely file an application to set aside an ... Finding of the Court: The court noted the absence of medical proof and representation during the case call, yet acknowledged ... Ezhome Grama Panchayat (2001 (1) KLT 905). That was a case, where the suit was dismissed for default. The plaintiff filed an applic....
2002 0 Supreme(Cal) 481 • India - Calcutta
A.K.MATHUR, J.K.BISWAS
Fact of the Case: Six employees of Hindustan Fertilizer Corporation Limited (HFCL) were charged with misconduct and ... Harendra arora and anr. , reported in 2001 ii clr 905 sc; and the case of karunakar (supra ). ... ( 14 ) WE find that the learned judge rightly dismissed the writ petition. ... Just for the purpose of record we note that the appellants by an affidavit dated october 1, 2001 has brought on records of this appeal the fact of dismissal of their appeals by the departmental appellate aut....
• India - Chhattisgarh
Excise Act, 1915; and the previous criminal antecedent being Criminal Case No.905/2001; applicant against him since 2002 by the competent criminal court on 15.12.2001 ... (2) Learned counsel for the applicant submits that the On the other hand, learned counsel for the State submits that one case
2008 0 Supreme(MP) 807 • India - Madhya Pradesh
A.M.NAIK
SC 905 discussed. ... In the case in hand, the nomination paper of a returned candidate itself is found to have been improperly accepted. ... ,l lh 905 foosfprA ¿ iSjk 19 ... ¼2½ iapk;r fuokZpu fu;e] 1995 ¼e-iz ... Dile Ram [AIR 2001 SC 905], again the apex Court has reiterated that mere allegation of wrong acceptance of nomination paper is not sufficient and it should be further established that such wrong acceptance has materially affected the result of election of returned candidate ... In the #HL_ST....
• India - High Court Of Chhattisgarh - Principal Bench Chhattisgarh
Appeal No. 48/2005 whereby, the learned appellate Court below has confirmed the conviction and sentence of the accused/applicants as awarded by the learned Judicial Magistrate First Class, Durg, vide its judgment dated 03.02.2005 in Criminal Case No. 905/2001 for the offence under Section 394 of the ... Brief facts of the case are that complainant Janak Lal lodged a report that on 11.06.2001 at about 20:45 pm. near Dogiya Pond the applicants looted Rs. 440/- from him and during this loot they committed ....
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