|
Advanced Search Options
Case Laws
Showing 1 to 20 of 772 Records
-
2005 (2) TMI 913 - MADHYA PRADESH HIGH COURT
... ...
... ... ..... nt of any rights therein cannot be extended to mean the extinguishment of rights independent of or otherwise than on account of transfer. To so read the expression is to render it ineffective and its use meaningless. As we read it, therefore, the expression does include the extinguishment of rights in a capital asset independent of and otherwise than on account of transfer. 19. In view of foregoing discussion, we answer the question referred to us in favour of CIT (Revenue) and against an assessee. In other words, we answer the question by holding that Tribunal was not justified in holding the amount of Rs. 7,34,000 as capital receipt not exigible to capital gains tax as no transfer of any property was involved within the meaning of Section 2(47) of the IT Act. Instead, we hold by answering the question that amount of Rs. 7,34,000 is a capital receipt exigible to capital gains tax as it involved transfer of property within the meaning of Section 2(47) of the IT Act. No costs.
-
2005 (2) TMI 912 - BOMBAY HIGH COURT
... ...
... ... ..... isclose the same and yet he carried the same while going abroad, certainly it amounts to attempt to drain out the foreign exchange from the country and to that extent it would be detrimental and prejudicial to the augmentation of the foreign exchange in the country. 20. Apart from mere submission that such an activity would not amount to detrimental to foreign exchange, no further elaboration has made in that regard by the learned advocate for the Petitioner. Considering the materials on record and case put forth by the respondents in reply to the said contention, certainly the subjective satisfaction for the detention of the detenu cannot be said to be without application of mind and therefore, it does not warrant interference in the impugned order on the alleged ground. 21. As no other ground is canvassed against the impugned order there i s no case to interference in the impugned order, and therefore, the petition is dismissed. Rule is discharged with no order as to costs.
-
2005 (2) TMI 911 - BOMBAY HIGH COURT
... ...
... ... ..... er requires consideration. 2. Hence Rule. 3. The advocate on record for revenue waives service. 4. Though it will be open to the Assessing Officer to continue the proceedings pursuant to the notice under Section 148 of the Income Tax Act, 1961, however, he shall not pass final order until further order of this Court. 5. Hearing expedited. 6. Liberty to revenue to apply for fixation of date of hearing after the return is filed.
-
2005 (2) TMI 910 - GUJARAT HIGH COURT
... ...
... ... ..... payment to the Chartered Accountant and the Valuer as stated above out of the amount already deposited in this Court by the applicant. The O.L. is further directed to retain the amount of Rs.10,000/towards the expenses from the aforesaid amount and the balance amount lying in the said separate account may be refunded to the applicant within a period of one week from the date of receipt of writ or certified copy of this order, whichever is earlier. The O.L. is permitted to prematurely encash the fixed deposit, if so required for this purpose. 12. The Court passes this order on the basis of the settlement arrived at between the parties. This is, however, without prejudice to the rights of the parties, including, other Creditors, if any of the Company who are not before the Court and if they are, in any way affected by this order, they can approach this Court by filing appropriate applications. 13. With this direction and observation, this application is accordingly disposed of.
-
2005 (2) TMI 909 - SUPREME COURT
... ...
... ... ..... deal with such new buildings. As the order passed on 15th February, 1988 by the assessing authority was without jurisdiction, it was open to the said authority to exercise the power of rectification of mistake on the basis of determination of capital value by the local authority and the action was taken in compliance with proviso to Sub-section (1) of Section 15 of the Act after observing the principles of natural justice by giving reasonable opportunity of being heard to the appellant-assessee in the matter. The action taken by the assessing authority cannot be said to be illegal or unlawful. Neither the District Collector nor the High Court could be said to have exceeded the jurisdiction in confirming the order passed by the assessing authority and we see no infirmity therein. 33. For the foregoing reasons, the appeal deserves to be dismissed and is accordingly dismissed. Having regard to the facts and circumstances of the case, however, there shall be no order as to costs.
-
2005 (2) TMI 908 - DELHI HIGH COURT
... ...
... ... ..... 9. For all the aforesaid reasons, we find no infirmity in the reasoning and the conclusion arrived at by learned Single Judge in the impugned order and the appeal is accordingly dismissed. CM No. 203/2004 Counsel for the applicant requests that he may be permitted to withdraw the application in view of CM No. 1493/2005. Permission granted. Dismissed as withdrawn. CM No. 1493/2005 This is an application preferred by respondent No. 6 to be impleaded as one of the appellants. The said applicant was respondent in the original writ petition and did not even enter appearance. No appeal was filed by the said respondent No. 6 and, thus, the judgment was accepted by the said respondent. The said applicant / respondent No. 6 cannot, thus, be permitted by this indirect mode to challenge the decision of learned Single Judge belatedly, without even an application for condensation of delay being filed as also for the reasons referred to aforesaid. The application is accordingly dismissed.
-
2005 (2) TMI 907 - MADRAS HIGH COURT
... ...
... ... ..... e decretal amount is covered by the mortgage decree, to force the decree-holder to proceed against the mortgaged property first and then to proceed against the guarantor. In view of the provisions contained in Section 128 of the Indian Contract Act and in the light of the law laid down by the Apex Court in A.I.R. 1992 S.C. 1740 Clause-IV of the decree is liable to be set-aside and accordingly Clause - IV of the decree is hereby set-aside. The Trial Court erred in directing the plaintiff to first proceed against the principal debtor and his properties and then to proceed against the defendant if the suit claim could not be recovered. This part of the decree is against law and hence it is liable to be set-aside and accordingly it is set-aside. Consequently, A.S. No. 834 of 1989 filed by the plaintiff is allowed and A.S. No. 569 of 1989 filed by the defendant is dismissed; however there will be no order as to costs. The decree of the trial court shall stand modified accordingly.
-
2005 (2) TMI 906 - SUPREME COURT
... ...
... ... ..... and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences. Anything less than a penalty of greatest severity for any serious crime is thought to be a measure of toleration that is unwarranted and unwise. But in fact quite apart from those considerations that make punishment unjustifiable when it is out of proportion to the crime, uniformly disproportionate punishment has some very undesirable practical consequences. Considering the view expressed by this Court in Bachan Singh's case (supra) and Machhi Singh's case (supra) we have no hesitation in holding that the case at hand falls in rarest of rare category and death sentence awarded by the trial Court was appropriate. The acquittal of the respondent-accused is clearly unsustainable and is set aside. In the ultimate result, the judgment of the High Court is set aside and that of the trial Court is restored. The appeals are allowed.
-
2005 (2) TMI 905 - ITAT MUMBAI
... ...
... ... ..... g Officer was erroneous as also prejudicial to the interests of the Revenue inasmuch as it was passed without making appropriate enquiries relevant in the context of the provisions of section 40A(2) . The learned Commissioner has simply set aside the assessment order and directed the Assessing Officer to make requisite enquiries and then pass a speaking order. We do not find any infirmity in the order of the Commissioner. 27. Several judicial authorities have been referred to in the impugned order of the Commissioner. Before us also, both the parties have cited a long line of decisions. Both the parties claimed that the authorities cited by them supported their case and covered it in their favour. The judicial principles circumscribing the powers of the Commissioner under section 263 are well known. It is basically a question of applying them to a given set of facts. And this is what we have attempted to do in the case before us. The appeal filed by the assessee is dismissed.
-
2005 (2) TMI 904 - SUPREME COURT
... ...
... ... ..... ion to compound the offence. Section 147 of the Negotiable Instruments Act, as amended, makes the offence compoundable and we find no ground to reject the prayer for compounding the offence. 4. In the circumstances, we allow these appeals and permit the compounding of offence by setting aside the sentence of imprisonment but in the circumstances we shall maintain the sentence of fine. The appeals are accordingly allowed. 5. As we have allowed the compounding of offence, the applicants shall be released forthwith.
-
2005 (2) TMI 903 - KERALA HIGH COURT
... ...
... ... ..... nable period. No time limit has been prescribed under the Act. The Apex Court in Attorney General for India v. Amratlal Prajivandas and others (AIR 1994 S.C. 2179) has dealt with the scope and ambit of the Act which requires no reiteration. However we may refer to the recent decision of the apex court in Kesar Devi v. Union of India (2003) 7 SCC 427). The apex court while dealing with Section 2(2)(c) of the Act has categorically held that the burden of proving that such property is not illegally acquired property will be upon the person to whom notice has been issued. On facts petitioners could not establish that the properties were legally acquired. Competent authority and the Tribunal concurrently found so and this court in writ jurisdiction will not be justified in a taking a different view in the absence of any contra evidence. We therefore find no infirmity in the orders passed by the competent authority. The writ petition lacks merits and the same would stand dismissed.
-
2005 (2) TMI 902 - MADHYA PRADESH HIGH COURT
... ...
... ... ..... substituted by holder of power of attorney or his agent. The view taken by this Court in case of Ramesh (supra) that examination of the complainant as a witness for further prosecution is essential, is not sustainable in the case of complaint filed under Section 138 of the Criminal Procedure Code in view of the provision under Section 145 of the Act (ibid) but this view is applicable in the complaint cases filed for the offences under the Indian Penal Code or under any other penal provisions of the Acts wherein no special provision is prescribed in such enactments. In view of the aforementioned factual and legal discussion, this Court does not find any substance in both the petitions worth for invoking inherent power enshrined under Section 482 of Criminal Procedure Code. Therefore, both the petitions are hereby dismissed. Original order be retained in Misc. Criminal Case No. 2972/2004 and a copy thereof be placed in the record of connected Misc. Criminal Case No. 4198/2004.
-
2005 (2) TMI 901 - ANDHRA PRADESH HIGH COURT
... ...
... ... ..... ney by giving a notice, in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid, and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation.--For the purpose of this Section, 'debt or other liability' means a legally enforceable debt or other liability." 20. From the above, it is obvious that it is only the payee or the holder in due course can be the complainant when the cheque is dishonoured. When the complainant is not a holder in due course he cannot maintain the complaint. 21. For the above reasons, the criminal petition is allowed and the complaint filed against the petitioner in C. C. No. 488 of 2002 on the file of the Judicial Magistrate of First Class, Dharmavaram, is hereby quashed.
-
2005 (2) TMI 900 - KERALA HIGH COURT
... ...
... ... ..... undergo imprisonment till rising of the court. They are further directed under Sec. 357(3) Cr. P.C. to pay an amount of ₹ 1,00,000/- (Rupees one lakh only) each as compensation under Sec. 357(3) and in default, to undergo simple imprisonment for a period of three months. The sentence imposed on the 1st accused is upheld. If realised, the entire compensation amount shall be released to the complainant/1st respondent herein as compensation. The revision petitioners are not present in court. Accused 2 and 3 shall appear and their sureties shall produce them before the learned Magistrate at 11 a.m. on 18-4-2005 for execution of the modified sentence. The learned Magistrate shall take necessary steps to execute the modified sentence hereby imposed. Needless to say, the learned Magistrate shall be at liberty to invoke his powers under Sec. 446 of the Cr.P.C. against the petitioners and their sureties if the petitioners do not appear before the learned Magistrate, as directed.
-
2005 (2) TMI 899 - SUPREME COURT
... ...
... ... ..... 9; titled "Doomed by Dowry" written by one Kakoli Poddar based on her interview of the family of the deceased. Giving version of the tragedy and extensively quoting the father of the deceased as to his version of the case. The facts narrated therein are all materials that may be used in the forthcoming trial in this case and we have no hesitation that this type of articles appearing in the media would certainly interfere with the administration of justice. We deprecate this practice and caution the publisher, editor and the journalist who was responsible for the said article against indulging in such trial by media when the issue is subjudiced. However, to prevent any further issue being raised in this regard, we treat this matter as closed and hope that the other concerned in journalism would take note of this displeasure expressed by us for interfering with the administration of justice. For the reasons stated above, these appeals succeed and the same are allowed.
-
2005 (2) TMI 898 - DELHI HIGH COURT
... ...
... ... ..... respondent company that it is a solvent company would also not hold any water. This petition is accordingly admitted to hearing. Let citations be published in Statesman (English) and Jansatta (Hindi). The question of appointment of provisional Liquidator shall be considered after the citation is published. However, liberty is grated to the respondent company to deposit balance amount of ₹ 1,52,471/- (₹ 2,00,000/- already deposited pursuant to the Division Bench order) along with interest calculated at the rate of 6 per cent per annum on ₹ 3,52,471/- from 1st August, 1998 (keeping in view that registered notice was sent on 31st July, 1998) with the Registrar General of this Court within six weeks from the date of this order. The petitioner shall not get the citations published for a period of six weeks. In case the aforesaid amount is not deposited, the petitioner shall proceed with the publication of citations, 19. List for further orders on 12th July, 2005.
-
2005 (2) TMI 897 - SC ORDER
... ...
... ... ..... the order of the Tribunal. The appeal is, accordingly, dismissed. There will be no order as to costs.
-
2005 (2) TMI 896 - DELHI HIGH COURT
... ...
... ... ..... record for filing. j) That the re-typing of the record took some time, as the typists were preoccupied. k) That immediately after receiving the typed copies of the CAT record, the matter has been filed. 3. It has not been averred as to when the matter was sent to the Railway Advocate and when the opinion of the Railway Advocate was obtained; when the Railway Panel changed; when the new Advocate was appointed; when the application for certified copies was filed. In our opinion the decision to file the writ petition has not been taken with due diligence by the officers concerned so as to condone the delay in the facts and circumstances of this case. The condensation of delay is not a matter of right. The delay has to be properly explained and from the averments made in this application, we do not find any semblance of explanation tendered by the petitioner. C.M. 557/2005 is dismissed. W.P.(C) No.710-11/2005 In view of the order passed above, the writ petition stands dismissed.
-
2005 (2) TMI 895 - SUPREME COURT
... ...
... ... ..... ore the arbitrator " Furthermore, we are of the opinion that the law operating in the field must be stated with precision and clarity and in that view of the matter also it was necessary for us to deal with the legal question raised by Mr. Lalit. CONCLUSION For the reasons aforementioned, the impugned judgments of the Labour Court and the High Court cannot be upheld. They are set aside accordingly. However, in the facts and circumstances of this case and particularly in view of the fact that the Appellant was agreeable to pay 50% back wages to the Respondent, as directed by the learned Single Judge and further having regard to the fact that a substantial portion thereof is said to have already been paid, we would direct the Appellant to pay the balance amount, if any, to the Respondent in terms thereof within eight weeks from today. The appeals are allowed with the aforementioned directions. In the facts and circumstances of the case, there shall be no order as to costs.
-
2005 (2) TMI 894 - SC ORDER
... ...
... ... ..... ter four weeks. In the meantime, copy of the reply of the other side may be given to the learned counsel appearing on behalf of the petitioners.
........
|
