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Showing 21 to 40 of 364 Records
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1995 (2) TMI 459 - CALCUTTA HIGH COURT
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... ... ..... oked the arbitration clause. An application under S. 20 of the Arbitration Act has already been filed and the same has been allowed although the matter is pending consideration at the instance of the respondent No. 2. It is now well known that when there exists an arbitration clause, the writ petition normally does not he. Reference, in this connection may be made to M/s. Industrial Fuel Company Pvt. Ltd. v. M/s. Heavy Engineering Corporation Ltd., 1993 (2) BLJR 1308, to which reference has been made earlier. 77. It is now welt settled that this Court does not exercise its jurisdiction under Article 226 of the Constitution of India only because it is lawful to do so. Reference in this connection may be made to 1994 BBCJ 74, and 1994 (2) BLJR 1, Ananda Shankar Prasad v. The State of Bihar. 78. For the reasons aforementioned, this writ application is dismissed. However, in the facts and circumstances of the case, there will be no order as to costs. . 79. Application dismissed.
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1995 (2) TMI 458 - RAJASTHAN HIGH COURT
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... ... ..... of the parties and it is not open to the petitioner to challenge the same. 18. The revision in the interest rate structure was brought forth in response to the changing economical and financial conditions and had been uniformly made applicable to all categories of borrowers in the Small Scale Sector. Further, it was in supersession of the existing interest rate structure and in keeping with revision in interest rates announced by the Reserve Bank of India on October 8th, 1991. 19. Unless the 'deed of modification' is set aside or cancelled by a court of competent jurisdiction on the ground of duress or coercion, it is binding between the parties as they have signed it with their eyes wide open. Accordingly, the petitioner has failed to make out a case for interference and is not entitled for any direction to the respondents not to demand enhanced rate of interest i.e. 18 and 18.75 from the petitioner. 20. The writ petitions being devoid of merit are hereby dismissed.
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1995 (2) TMI 457 - SUPREME COURT
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... ... ..... mentioned in this Court's aforesaid order dated 10.5.93, the respondents had made themselves liable to forfeiture of the earnest money. As, however, the earnest money which was deposited was not 10 of the premium as required by the amended Nazul Rules, but was a fixed sum of ₹ 5 lakhs in C.A. No.931/35 mentioned in the offer of 1. 10. 90, the earnest money which had become liable to be forfeited was a sum of ₹ 5 lakhs, and not 10 of the total premium calculated at the rate of ₹ 1650.65. 9. The appeals, therefore, stand allowed by modifying the High Court's order by stating that the amount to be refunded to the respondents would not include earnest money which had been deposited by them. The remaining amount would be refunded by the appellant within a period of 4 weeks from today, failing which the respondents would be entitled for interest 18 per annum from today till payment In the facts and circumstances of the cases, we make no order as to costs.
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1995 (2) TMI 456 - CALCUTTA HIGH COURT
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... ... ..... ars. If at this juncture that the dealership of the respondent No. 6 is cancelled he will suffer an irreparable injury. Equity, therefore, is in favour of respondent No. 6. 57. In Ramana Dayaram Shetty v. The International Airport Authority of India the Supreme Court while considering that the case of the writ petitioner therein was not considered and an illegality had been committed by the International Airport Authority in granting contract of 2nd class contractor refused to exercise its discretionary jurisdiction. 58. It is now well known that this Court does not exercise its jurisdiction only because it is lawful to do so. 59. Keeping in view of the conduct of the petitioner as also the facts and circumstances of this case, in my opinion, it is not a fit case in which this Court exercises Extraordinary Constitutional Writ Jurisdiction in favour of the petitioner. 60. This application is, therefore, dismissed. There will be no order as to costs. 61. Application dismissed.
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1995 (2) TMI 455 - DELHI HIGH COURT
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... ... ..... irrelevant material has been considered by the detaining authority showing non-application of mind. Reading of grounds of detention as a whole in the particular facts and circumstances of this case, I hold that the grounds are sufficient to support the detention order under Sec. 5A of the Cofeposa Act. In view of the explanation given in the counter-affidavit by the respondent I do not hold that there was undue delay in disposing of the representation of the pertitioner. Following the law laid down by the Supreme Court in Abdul Sathar Ibrahim Manik's case (supra) and Virender Kumar Rai's case (supra), I also find no force in the arguments of the learned counsel for the petitioner that there was inordinate delay in passing the detention order, keeping in view the voluminuous nature of documents and persons involved from whom the investigation was to be made by the Sponsoring Authority. (21) For the reasons stated above, I dismiss the writ petition. Rule is discharged.
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1995 (2) TMI 454 - RAJASTHAN HIGH COURT
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... ... ..... ot be sustained and Section 11AAAA inserted by the Act of 1990 cannot be quashed as ultra vires provisions of the Act of 1951. Even if the property which was mortgaged with the Corporation has been attached by them and has been sold by them, they will have to keep the proceeds of the sale of that property in trust and the dues of the Sales Tax Department, i.e., tax, penalty, interest and any other sum will have to be recovered from the sale proceeds of the property as a first charge. Accordingly, if the Rajasthan Sales Tax Department has attached and is auctioning the property of the industry, i.e., the respondent No. 3 for realization of its dues, it has authority to do so. That action of the Sales Tax Department being in accordance with the provisions of Section 11AAAA of the Rajasthan Sales Tax Act and accordingly, Annexures 5, 9 and 10 do not deserve to be quashed. 8. This writ petition, therefore, has no force and it is hereby dismissed in limine at the admission stage.
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1995 (2) TMI 453 - SUPREME COURT
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... ... ..... so on). The High Court has assumed, even without referring to Regulation 68 aforesaid that holding of an oral inquiry was obligatory. Indeed, one of the questions in the writ petition may be the interpretation of Regulation 68. On facts, the first respondent has his own version. In the circumstances, the writ petition could not have been allowed unless it was held that the appellant's version of events is not true and that the first respondent's version is true. In the circumstances, we have no alternative but to set aside the order under appeal and remit the matter to the High Court once again for disposal of the writ petition afresh in the light of the observations made herein. Since the matter is a very old one it is but appropriate that the matter is dealt with expeditiously. Perhaps, it would be appropriate if the Court looks into the records relating to the disciplinary proceedings also. 8. The appeal is accordingly allowed with the above directions. No costs.
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1995 (2) TMI 452 - SUPREME COURT
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... ... ..... the declaration given by it that Section 4 was ultra vires could not be put at naught by a decision given by this Court in respect of another Act. The proper course for the learned Single Judge was to refer the matter to the Division Bench. In the absence of any such decision by a larger bench the section could not revive. 6. Learned counsel for the respondent pointed out that in pursuance of the order passed by the High Court fair rent has been determined by the Rent Control Officer without reference to Section 4 of the Act and the matter is pending in appeal. Maybe, that is not the issue as the validity of that order shall be considered by the appellate authority. 7. In the result this appeal succeeds and the direction issued by the learned Judge to the following effect "The Rent Controller is directed to proceed with the determination of fair rent in terms of Section 4 of the A.P. Rent Control Act expeditiously." Shall stand deleted. 8. No costs. Appeal allowed.
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1995 (2) TMI 451 - SUPREME COURT
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... ... ..... inform itself fully about the peculiarities of a particular local situation, a court should hesitate to dub the legislative classification irrational (see Carmichael v. Southern Coal & Coak Co., (1936) 301 US 495) Tax Laws, for example, may respond closely to local needs and court’s familiarity with these needs is likely to be limited. Therefore, the Court must be aware of its own remoteness and lack of familiarity with the local problems. Classification is dependent on peculiar needs and specific difficulties of the community, The needs and the difficulties of a community are constituted out of facts and information beyond the easy ken of the court." The above perspective has been restated by the Constitution Bench in R.K Garg v. Union of India and Ors. (AIR 1981 SC 2138), at paragraph 2147,paragraph 8, which we have adverted to,in the earlier portion of this Judgment. 13. There is no merit in this appeal. It is dismissed. There shall be no order as to costs.
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1995 (2) TMI 450 - SUPREME COURT
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... ... ..... to the extent of the full sum assured. This para further states that the payments under lapsed Policies are purely on ex gratia basis. 4. From the impugned orders before us, it, however, appears that the subsequent circular was not brought to the notice of either the State Consumer Disputes Redressal Commission or the National Commission. Shri Rao submits it was on record, which is denied by Shri Mohan. Be that as it may, in the facts and circumstances of the case which includes the death of Vijay Kumar at the height of his youth at the hands of terrorists and his having been survived of his widow and three children, we are of the view that the interest of justice demands some further payment to be made to the appellant, which we quantify as ₹ 50,000/ -. We, therefore, order that a further sum of ₹ 50,000/- be paid to the appellant by the respondent on ex gratia basis. This would be done within a month. 5. The appeal is allowed accordingly. No order as to costs.
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1995 (2) TMI 449 - SUPREME COURT
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... ... ..... the 50 vacancies. If 8 vacancies are given to them then in the cadre of 100 posts the reserve categories would be holding 24 posts thereby increasing the reservation from 16 to 24 . On the contrary if the roster is permitted to operate till the total posts in a cadre are filled by the same category of persons whose retirement etc. caused the vacancies then the balance between the reserve category and the general category shall always be maintained. We make it clear that in the event of non-availability of a reserve candidate at the roster-point it Would be open to the State Government to carry forward the point in a just and fair manner. 12. We, therefore, find considerable force in the second point raised by the learned counsel for the petitioners. We, however, direct that the interpretation given by us to the working of the roster and our findings on this point shall be operative prospectively. 13. The writ petition is, therefore, disposed of in the above terms. No costs.
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1995 (2) TMI 448 - SUPREME COURT
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... ... ..... ether the Amendment Act applies not only to the proceedings which were pending when the Amendment was brought into force but also to the proceedings initiated afterwards in Shiorani v. State of Maharashtra (1994 Mah LJ 1821); and has opined that it applies to later proceedings also. We are in agreement with the reasoning and the conclusion of the Full Bench, as this is clear even from the opening part of sub-section (4). Therefore, the Division Bench of the High Court was not right its conclusion that the Amendment Act would apply only to the pending proceedings. 15. All the appeals, except Civil Appeal No. 62 of 1992, are allowed; Civil Appeal No. 62 of 1992, however, stands dismissed. The orders and judgments of the High Court in the appeals hereby allowed are set aside. Consequently, the notifications and the declarations which are the subject-matter of those appeals stand upheld. The authorities would be at liberty to proceed further in accordance with the law. No costs.
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1995 (2) TMI 447 - SC ORDER
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... ... ..... rnan, JJ. ORDER Appeal dismissed.
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1995 (2) TMI 446 - CESTAT NEW DELHI
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... ... ..... t Collector had replied on 21-5-1984, permission was not necessary as the appellants were bringing imported machine to which the Central Excise Rules were not applicable. From the reading of the above mentioned letters we are satisfied that there was a complete disclosure of all the facts to the Department and read together with the finding that what was imported were complete machines in CKD condition, the appellants cannot be held guilty of suppression so as to warrant the extended period of limitation being invoked by the Department. 14. We also agree with the learned Counsel for the appellants that, in the absence of any definite role assigned and established by the Department, as far as Managing Director and General Manager are concerned, the penalty imposed upon them is not sustainable and accordingly set aside the same. 15. In the light of the above discussion, we set aside the impugned order and allow the appeals with consequential relief to the appellants.
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1995 (2) TMI 445 - SUPREME COURT
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... ... ..... .Ws. 2 and 3 and in the absence of any independent corroboration such discrepancy does not inspire confidence about the reliability of the prosecution case. We have also noted another disturbing feature in this case. PW-3, Siri Chand, head Constable arrested the accused and on search being conducted by him a pistol and the cartridges were recovered from the accused. It was on his complaint a formal first information report was lodged and the case was initiated. He being complainant should not have proceeded with the investigation of the case. But it appears to us that he was not only the complainant in the case but he carried on with the investigation and examined witnesses under Section 161, Cr.P.C. Such practice, to say the least, should not be resorted to so that there may not be any occasion to suspect fair and impartial investigation. 5. In the aforesaid facts and circumstances, we allow this appeal and set aside the conviction and sentence passed against the appellant.
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1995 (2) TMI 444 - COLLECTOR OF CUSTOMS (APPEALS), MADRAS
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... ... ..... ow the appeals. ANNEXURE Sl. No. File No. Appellant Name O-in-O No. & Date 1. C50/24/94 M/s. TVS Whirlpool Ltd., Pondichery. S 4/550/93(B), dated 29-9-1994 2. C50/25/94 The Jay Engineering Works Ltd 3. C50/27/94 M/s. M.M. Rubber Co.Ltd., Madras. S4/550/93(B) (628), dated 3-10-1994 4. C50/29/94 M/s. Alagiri Spinning & Weaving Mills, Madras. S4/550/93(B) (3273), dated 4-10-1994 5. C50/30/94 M/s. Ramco Industries Ltd., Madras. S4/550/93(B) (2197), dated 29-9-1994 6. C50/31/94 M/s. India Cine Agencies, Madras. S4/550/93(B) (3412), dated 27-9-1994 7. C50/32/94 M/s. Orwo Films Eastern Unit, Madras. S4/550/93(B) (2102), dated 28-9-1994 8. C50/39/94 M/s. Ind-Ital Chemicals Ltd., Madras. S4/550/93(B), dated 30-9-1994 9. C50/4/95 M/s. Amco Batteries Ltd., Bangalore. S4/550/93(B) (589), dated 11-10-1994 10. C50/6/95 M/s. H.M. Brothers P. Ltd., Madras. S4/550/93(B) (3365), dated 25-10-1994 11. C50/7/95 M/s. Andrew Yule & Co. Ltd., Madras. S4/550/93(B) (1618), dated 27-9-1994
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1995 (2) TMI 443 - RAJASTHAN HIGH COURT
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... ... ..... freedom of trade or commerce as enshrined under Article 19(1)(g) of the Constitution. We are further of the opinion that Article 304(9) is an enabling Article and the levy of octroi duty on goods brought from other States or from foreign country will not amount to any discrimination qua the goods manufactured or produced in the State of Rajasthan. 13. The legislature has power to impose reasonable restriction on trade if it is intended in public interest and in conformity with Entry 52 of List II of VIIth Schedule of the Constitution of India. We are further of the opinion that these writ petitions are squarely covered by the ratio of the decisions of the Apex Court and the decision of this court in S.B. Civil Writ Petition No. 590/83 referred to above and for the reasons mentioned above these writ petitions deserve to be dismissed. 14. In view of the above discussions we find no force in these writ petitions and the same are accordingly dismissed with no order as to costs.
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1995 (2) TMI 442 - SUPREME COURT
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... ... ..... ty. Hence, in this case M/s Neo Chemical and Metal Products Pvt. Ltd. would be liable for the past arrears. 64. In view of the foregoing, we upheld the judgment of the High Court in Waxpol Industries (CWJC No. 25 of 1986). However, in view of the peculiar facts, the judgments of the High Court in Suman Packaging (CWJC No. 5358/92), Abhay Kumar (CWJC No. 11330/93) and North East Fertilizers Pvt. Ltd. (CWJC No. 7299 of 1992) are also upheld. 65 As regards M/s. Isha Marbles (CWJC No. 1536 of 1991) we set aside the judgment of the High Court. 66. Civil Appeal No. 1418 of 1995 (arising out of SLP(C) No. 617 of 1992 (Isha Marbles) is allowed accordingly with costs. Civil Appeal Nos. 1420, 1419, 1422 & 1421 of 1995 (arising out of SLP (C) Nos. 16227/92 - Waxpol Industries Pvt. Ltd., SLP (C) No. 18224 of 1993 - Suman Packaging Pvt. Ltd., SLP(C) No. 10253 of 1994 - Abhay Kumar and SLP(C) No. II 806 of 1994 - North East Fertilizers Pvt. Ltd. respectively) are dismissed with costs.
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1995 (2) TMI 441 - SUPREME COURT
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... ... ..... be available to general category candidates as listed in order of merits in the list at annexure-C. The moment these 11 posts are filled up within 1 year of the publication of list at annexureC this list will get exhausted or if for any reason these II vacancies could not be filled up by the time one year from the date of publication of the list is over, even then the list would get exhausted and fresh recruitment will have to be made in the light of fresh requisition from the State. For computing one year's currency of impugned select list as per rule 41, the period during which appointments were stayed during pendency of these proceedings would naturally got excluded. The contention no.8 therefore will stand accepted to the aforesaid extent. In the result this writ petition fails subject only to the directions issued by us to the State Government while accepting contention no. 8 aforesaid. In the facts and circumstances of the case, there will be no order as to costs.
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1995 (2) TMI 440 - GUJARAT HIGH COURT
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... ... ..... t is not imported as a conveyance. The vessel itself being goods, it comes on its own. It is not being conveyed in any other conveyance. It is concluded by decision of Hon’ble Supreme Court in the case of Chowgule & Company Pvt. Ltd. v. Union of India, reported in 1987 (28) E.L.T. 39 (S.C.) that vessel is goods within the meaning of the term goods defined in the Act. Therefore, the argument that the provisions regarding date of entry inwards which is in relation to the vessel is not relevant at all. The date of determination of rate of duty would be the presentation of the bill of entry and the bill of entry should be presented as provided under Section 46(1) on the date when the goods have been imported and are ready for inspection by the Port Officer. In the instant case, the goods were ready for inspection by the Port Officer only on the date of actual arrival on March 28, 1990. 22. For the aforesaid reasons, all the petitions are rejected. Rule discharged.
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