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Case Laws
Showing 1 to 20 of 254 Records
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1983 (9) TMI 333 - SUPREME COURT
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... ... ..... sion to enhance the security. Keeping in view the likelihood of replacement or substantial repair, we suggested to learned Counsel for the Board that the escalation may be reduced by 50%, i.e. in place of the enhanced demand varying between Rs. 5,000 and Rs. 10,000, it should be limited to Rs. 2,500 and Rs. 5,000. Learned Counsel has agreed that steps would be taken by the Board to evolve a formula by which the demand for security for the meter would be revised being limited to Rs. 2,500 at the minimum and Rs. 5,000 at the maximum in regard to industrial meters in respect of which the demand now is between Rs. 5,000 and Rs. 10,000. It would, therefore, follow that the Board would not enforce its decision in regard to escalation of the meter Security until the new formula is evolved and it will be open for the Board to ask for additional security effective from October 1, 1983, in accordance with the new formula towards security for the meter. 14. We make no Order as to costs.
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1983 (9) TMI 332 - SUPREME COURT
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... ... ..... be exercised within a reasonable time and period of one year was held to be too late. This aspect must be present to the mind of House Allotment Officer before just rushing in on an unproved technical contravention brought to his notice contrived by the successor in interest of the deceased landlord, and evicting the appellant 22 years after his entry and 9 years after his retirement on the short ground that his entry in the year 1954 was in contravention of Clause 22(2). 13. Having examined all the aspects of the matter, we are satisfied that the order of the House Allotment Officer suffers from numerous infirmities and is unsustainable and must be quashed and set aside as also the order of the High Court dismissing the Special Civil Application No. 1957 of 1977 preferred by the present appellant. Accordingly this appeal succeeds and is allowed and the application made by the first respondent to the House Allotment Officer is dismissed with No l order as to costs throughout.
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1983 (9) TMI 331 - SUPREME COURT
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... ... ..... n 466, I.P.C. was, therefore, an offence as described in Section 463, I.P.C. which was committed in relation to a record or proceeding of or in a Court of justice. What was said in the aforesaid decision in regard to the offence under Section 466, I.P.C. has full application to an offence under Section 467, I.P.C. Therefore, the ratio of the last cited decision has full application to the present case. 8. In view of what we have said above, the prosecution in the instant case on the basis of a private complaint and in the absence of a complaint from the appropriate civil court where the alleged fraudulent receipt has been produced, would not be sustainable. As we are of the view that if the prosecution is allowed to continue serious prejudice would be caused to the appellants and they would be called upon to face a trial which would not be sustainable, we allow this appeal and set aside the decision of the High Court and quash the complaint case filed against the appellants.
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1983 (9) TMI 330 - DELHI HIGH COURT
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... ... ..... an inadvertent error on behalf of the plaintiff who firmly believed that they were entitled to sue in the name of the Trust through one of its trustees after authorisation from the other co-trustees. That may be described as a blunder, or negligence or inadvertence. We do not think that this is a case in which the plaintiff should be forced to withdraw the suit and file a fresh suit. (26) We would accordingly accept the application for amendment of the plaint on payment of ₹ 200.00 as costs. (27) We would accordingly accept this appeal and set aside the judgment and decree of the trial Court. The appellant will get costs in this Court. In view of the amendment permitted by us, the suit will be remanded back to the trial Court for trial. The costs of this appeal as well as the other costs for amendment will be paid to the defendant before the amended plaint is taken on record. The trial Court will permit the plaintiff sufficient time to pay this amount in its discretion.
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1983 (9) TMI 329 - SUPREME COURT
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... ... ..... er Section 97.The law reports are full of cases where parties have failed because of their failure strictly to conform to the letter of the law in regard to the procedure laid down under the Act and the Rules. 19. Several decisions were cited before us by Mr. Ray for respondent No. 1 which we think unnecessary to refer to in view of the clear pronouncements and the state of the law as indicated by these decisions. In the absence of a recrimination petition conforming to the requirements of Section97 of the Act the appellant who happens to be an Advocate and is presumed to know the law, was not entitled to combat the claim of the election petitioner on the ground that if the remaining rejected ballot papers had been counted, the election petitioner would not have been found to have polled the majority of the valid votes. 20. For the reasons we have indicated, this appeal has to be dismissed. In the circumstances we direct the parties to bear their respective costs throughout.
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1983 (9) TMI 327 - DELHI HIGH COURT
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... ... ..... yright but it appears from the figure '82' attached with the registration No. that registration took place in 1982, which obviously was later than 1977 in which year registration with respect to Glucons-D took place and that was also later than registration of Glucon-D, which took place in 1980. (17) The balance of convenience obviously favors the plaintiff. The plaintiff will suffer irreparable, injury in as much as firstly the sale of articles of the plaintiff will be decreased by that much by which the sale of the articles of the defendants takes place and secondly if the article of defendant is inferior in quality to article of the plaintiffs, there is bound to be damage to the reputation of the plaintiff resulting in considerable decrease of sales of the articles of the plaintiff. There cannot be any injury to the defendant when he is not allowed to sell his articles in such a a manner as to deceive the public and pass off his products as that of the plaintiffs.
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1983 (9) TMI 326 - SUPREME COURT
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... ... ..... my learned brother has observed therefore, as soon as it is shown that the Act invades a right guaranteed by Article 21, it is necessary to enquire whether the State has proved that the person has been deprived of his life or persona liberty according to procedure established by law, that is to say, by a procedure which is just, fair and reasonable. I respectfully agree that as soon as it is shown that a Statute or Act in question invades a right guaranteed by Article 21, it is necessary to enquire whether the State has proved that the person has been deprived of his life or personal liberty according to procedure established by law. I, however, respectfully at present would not express my opinion whether in all such cases, the State has a further initial burden to prove that the procedure established by law is just, fair and reasonable. With this observation, I respectfully agree with all the other conclusions and observations made by my brother, the learned Chief Justice.
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1983 (9) TMI 325 - SUPREME COURT
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... ... ..... the petitioners about the disturbance of public order. A counter affidavit has been filed on behalf of the detaining authority and in paragraph 3 it has been averred that apart from the first information report in the two cases there was the supervision note of the Deputy Superintendent of Police, Dhanbad and the detaining authority was satisfied on the basis of materials before him that there was apprehension of breach of public order from the petitioners. The absence of an allegation about the disturbance of public order in the two first information reports will not effect the position because there was additional material before the detaining authority which satisfied him about the apprehension of breach of public order from the petitioners in case they were enlarged on bail. This contention has, therefore no substance. For the foregoing discussion we find no force in any of the contentions and the petitions must fail. They are accordingly dismissed. Petitions dismissed.
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1983 (9) TMI 324 - SUPREME COURT
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... ... ..... ner in which computation was to be made as held by the Allahabad High Court was challenged by the State which also we have now decided in this judgment. We hope and trust that all the States will now go ahead with implementing the Act and take over the excess land in order to distribute them according to the tenor, spirit and provisions of the Act. Any further delay is likely to defeat the very object for which the Act was passed. For the reasons given above, we allow all these petitions and appeals, set aside the judgments of the High Court and send back the cases to the competent authority to get fresh computations done in all the cases and then determine the ceiling area in the light of the principles enunciated and the law laid down by us. Civil appeal No. 995 of 1980 is also remanded to the competent authority for redetermination of the ceiling area as indicated above. In the circumstances of the case, there will be no order as to costs. Appeals and petitions dismissed.
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1983 (9) TMI 323 - SUPREME COURT
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... ... ..... hushan urged that if none of his contentions finds favour with the Court and the petitions are likely to be dismissed, some time should be given to the petitioners to pay the balance because the burden would be unbearably heavy if the tax in arrears has to be paid forthwith. We find this request to be quite reasonable. We therefore, direct that the balance of the tax in arrears shall be paid by the petitioners and the appellants in two equal installments of six months duration, meaning thereby that the balance will be paid within one year; the first installment being half the amount payable shall be paid by 31st March, 1984 and the balance by 30th September, 1984. 15. Having examined all the contentions meticulously we find no merit in any of them and therefore all these appeals and special leave petitions fail and are dismissed with costs in each. The balance of the tax in arrears for which security was given under the orders of this Court shall be paid as herein indicated.
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1983 (9) TMI 322 - SUPREME COURT
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... ... ..... Kumar that he was prevented from entering the auction hall was false and that the bids secured at the auction were adequate. But, when he so reported to the Government he did not have before him the deposit of ₹ 9,65,000/- made by Shanti Kumar and the affidavit of Shanti Kumar containing the offer already mentioned. He received the affidavit and the Bank draft on 26th and it was thereafter that he decided to order re-auction. It may be that the Excise Commissioner is not bound to order re-auction every time he receives a better offer and the Court will not interfere if he refuses to entertain better offers after the auction is held, On the other hand, if he receives substantially better offers and so, in the interest of the revenue, he orders re-auction, then too the Court should not interfere. 4. We, therefore, allow all the appeals, set aside the order of the High Court and restore the order of the Excise Commissioner in each case. There will be no order as to costs.
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1983 (9) TMI 321 - SUPREME COURT
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... ... ..... dates in their absolute and unfettered choice to seats in Medical Colleges outside the State is declared invalid. The Medical Council of India is directed to formulate a proper constitutional basis for determining the selection of candidates for nomination to seats in Medical Colleges outside the State in the light of the observations contained in this judgment. Until a policy is so formulated and concrete criteria are embodied in the procedure selected, the nominations shall be made by selecting candidates strictly on the basis of merit, the candidates nominated being those, in order of merit, immediately below the candidates selected for admission to the Medical Colleges of the home State. The judgment dated December 31, 1982 of the Andhra Pradesh High Court is modified accordingly. In the circumstances of these cases, we make no order as to costs. A copy of this judgment and order shall be sent to the Medical Council of India. H.S.K. Appeals & Petition partly allowed.
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1983 (9) TMI 320 - SUPREME COURT
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... ... ..... estimony of PWs 1, Z and 3 particularly when the evidence of PWs 1 and 3 was fully corroborated by PW 2 who was doubtless an independent witness and whose evidence did not suffer from any manifest defect. We, therefore, fully believe the tostimony of the eye-witnesses and hold that from the evidence on record the prosecution case has been proved beyond reasonable doubt and the order of acquittal passed by the High Court was wrong on a point of law which is sufficient to warrant our interference. In these circumstances, it is impossible to sustain, the judgment of the High Court. We, therefore, allow the appeal, set aside the judgment of the High Court and convict the respondents under s. 302 read with s. 34 of the Indian Penal Code and sentence them to imprisonment for life for causing the death of the deceased, Rajinder Kumar. The respondents who were on bail, will now surrender to their bail-bonds and be taken into custody to serve out the sentence imposed. Appeal allowed.
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1983 (9) TMI 319 - SUPREME COURT
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... ... ..... to be absolutely in pari-materia with the language of the various sections of the U. P. Act. Even so the pivotal conclusions derived by the Madhya Pradesh High Court and the Gujarat High Court do not appeal to us. The mere fact that payment is not made at the time of entering the premises is irrelevant. Payment made at a later, stage by inserting a coin is nonetheless for being admitted to a place of entertainment. Thus the fee being charged in a different manner at a different stage is in any case for providing entertainment. We, therefore, with due respect to the High Courts, disapprove their decisions. For the reasons given above we hold that the decision of the Allahabad High Court is correct and we hereby over rule the decisions of the Gujarat and Madhya Pradesh High Courts. In our opinion, the video show in the instant case is clearly exigible to tax under section 3 of the Act. The Writ petitions are accordingly dismissed with no order as to costs. Petitions dismissed.
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1983 (9) TMI 318 - SUPREME COURT
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... ... ..... work of the agents though he is required to train them and assist them. He is to be the 'friend, philosopher and guide' of the agents working within his jurisdiction and no more. He is expected to stimulate and excite tho agents to work, while exercising no administrative control over them. The agents are not his subordinates. In fact, it is admitted that he has no subordinate staff working under him. It is thus clear that the development officer cannot by any stretch of imagination be said to be engaged in any administrative or managerial work. He is a workman within the meaning of s. 2 (s) of the Industrial, Disputes Act. The order of the Industrial Tribunal and the judgment of the High Court are set aside and the matter is remitted to the Industrial Tribunal for disposal according to law. The Industrial Tribunal may dispose of the reference within three months from the date of receipt of this order. The respondent workman is entitled to his costs. Appeal allowed.
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1983 (9) TMI 317 - SUPREME COURT
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... ... ..... evant evidence and next, all that we can say from the qualifications and the letters is that the appellant was occasionally deputed by the Managing Director to undertake some important missions. The question is what were his main duties and not whether he was occasionally entrusted with other work. On that question, the clear finding of the Labour Court is that he was mainly discharging duties of a clerical nature. We are clearly of the opinion that the High Court was totally unjustified in interfering with the order of the Labour Court under Art. 226 of the Constitution. We set aside the judgments of the Learned Single Judge and the Division Bench of the Delhi High Court, restore the order of the Additional Labour Court and direct the Additional Labour Court to dispose of the reference within a period of three months from the date of communication of this order to that Court. That appellant is entitled to his costs which we stipulate at Rupees five thousand. Appeal allowed.
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1983 (9) TMI 315 - SUPREME COURT
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... ... ..... f r. 74 (1) are satisfied, the petitioners are not entitled to any relief. There is very little that we could add in the connected matters. The question as to the constitutional validity of sub-s. (6) of s. 7 of the Act and sub-s. (1) of s. 12 of the Act which is common to Writ Petition No. 1286 of 1973, Civil Appeal No. 2108 of 1972 and Civil Appeal No. 4013 of 1982 stands disposed of. The question regarding the validity of the notification issued by the State Government declaring rice to be a notified agricultural produce under s. 2 (i) of the Act and that declaring the notified market area of Kothavalasa Market Committee for the district of Visakhapatnam under sub-s. (4) of s. 4 of the Act has not been pressed at the hearing. Arguments in these matters were more or less the same and they have been dealt with in the judgment. The result therefore is that all the writ petitions and the connected appeals must fail and are dismissed with costs. Appeals and Petition dismissed.
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1983 (9) TMI 314 - CEGAT NEW DELHI
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... ... ..... re of other petroleum products”. 12. Subsequent amendments, if any, are not relevant for the periods in question. 13. Petroleum products fall necessarily under Items 6 to 11 A of the First Schedule and it is such petroleum products that are to be manufactured with the aid, as fuel, of any of the petroleum products. 14. Now, in the case before us, it was not petroleum product that were manufactured by the use, as fuel, of petroleum products, but electricity- a product that became exigible to duty not under Items 6 to 11 (A) but under Item 68 of the First Schedule right from 1975. 15. Regardless therefore of its use ultimately as fuel, once electricity exigible to duty under an Item other than 6 to 11 A comes into existence, the condition of the Notification is not fulfilled. And we cannot go into the intent of the legislature casting aside the plain terms of the exemption. 16. In the premises, I am of opinion that the Appeal should be dismissed.
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1983 (9) TMI 313 - CEGAT NEW DELHI
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... ... ..... structure, load carrying capacity, retention of roller in position by special grooves, tracks, cage and load, torque hardness and tensile strength. These various operations add to the value of the goods and the respondents have stated that the resultant product is valued three or four times the cost of input raw material. This has not been contradicted by the appellants or the Departmental Representative on their behalf. In this view of the matter the two precedents are not applicable to the facts of the present case. We hold that the imported rough forgings in pairs do not have the essential character of finished bearing races and cannot be called incomplete or unfinished bearing races. In view of the foregoing we would drop the show cause notice issued to the respondent by the Government of India and dismiss the appeal and uphold the orders passed by the Appellate Collector of Customs, Bombay. ORDER In accordance with the decision of the majority, the appeal is dismissed.
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1983 (9) TMI 312 - CEGAT NEW DELHI
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... ... ..... t. The correspondence between the appellants and M/s. Metal Box India Ltd., clearly shows that M/s. Metal Box India Ltd., believed the articles to be excisable, and that the appellants had been specifically advised by the Central Excise authorities at Nagpur that they were excisable. Reference has been made to some advice to the contrary which is stated to have been given by the legal adviser of the appellants. There is nothing in the record to indicate who gave this advice and in what terms. The conduct of the appellants, as set out in the Additional Collector’s order (vide para 5 above) also clearly brings out their consciousness that what they were doing was unlawful. In the circumstances we consider that the Additional Collector was fully justified in holding that offences punishable under Rule 173 had been established and in imposing on them a penalty of ₹ 50,000. 24. In the result we confirm the Additional Collector’s order and reject the appeal.
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