-
1986 (9) TMI 429
... ... ... ... ..... be liable to be reopened after lapse of many years at the instance of a party who has during the intervening period chosen to keep quiet. Raking up old matters like seniority after a long time is likely to result in administrative complications and difficulties. It would, therefore, appear to be in the interest of smoothness and efficiency of service that such matters should be given a quietus after lapse of some time. We feel that in the circumstances of this case, we should not embark upon on and enquiry into the merits ....... + More
-
1986 (9) TMI 428
... ... ... ... ..... in the form of injunction application for the purpose but the appointment of Receiver in this case where the defendant's business is running will not be just and convenient despite the provision in the agreement for credit facilities for appointment of the Receiver. 13. In view of what has been stated above, we find that the learned Assistant District Judge has rightly rejected the prayer for ad interim appointment of the Receiver. The appellant's application for appointment of the Receiver till the disposal of the....... + More
-
1986 (9) TMI 427
... ... ... ... ..... s whether the land in question over which the plaintiff had asserted his right was a street or not and whether the defendant had blocked the said street. The High Court held in the circumstances of that suit that the jurisdiction of the civil court had not been taken away by virtue of section 13 read with sections 13A and 13B of the Act which had been inserted by the Haryana Legislature into the Act. We are of the view that the above decision is clearly distinguishable from the present case since in this case the Panchayat....... + More
-
1986 (9) TMI 426
... ... ... ... ..... cording evidence since no prejudice or failure of justice was made out by the party assailing the order, as the order was discretionary. This much would be sufficient to indicate that in all cases of issue of a commission, interference by exercise of the revisional power is not called for. Where on the face of the order itself, it is found that the Court has not recorded the satisfaction supported by reasons, the Court is satisfied that parties themselves can adduce evidence and it is found that there is no immediate requi....... + More
-
1986 (9) TMI 425
... ... ... ... ..... f Section 17 is a profit in lieu of salary, his income is assessed at a higher rate than that it would otherwise have been assessed, the Income-tax Officer shall on an application made to him in this behalf grant such relief as may be prescribed. The prescribed relief is set out in Rule 21-A of the Income-tax Rules. The appellant is entitled to relief under Section 89 because compensation herein awarded includes salary which has been in arrears as also the compensation in lieu of reinstatement and the relief should be give....... + More
-
1986 (9) TMI 424
... ... ... ... ..... t of an overall settlement between the Central Government and the employees of the Posts Telegraph Department. It would certainly not subserve the interests of Justice to direct retrial of the respondents despite the settlement arrived at, after a lapse of nearly 18 years. Such a course would give rise to unnecessary industrial unrest for no reason whatever. We need not enter into the controversy whether this Court having in M.N. Sankarayarayanan Nair v P.V. Balakrlshnan and Ors. referred to the decision of the Full Bench ....... + More
-
1986 (9) TMI 423
... ... ... ... ..... to its validity can be made on that ground. Apart from that, we are of the view that the compensation that has been awarded to the Company is neither inadequate nor illusory as contended on behalf of the petitioners. It is not in dispute that the paid-up share capital of the Company was ₹ 60 lakhs and it paid dividend up to 1965. Thereafter, the Company did not pay any dividend from 1965 to 1970. It will not be unreasonable to presume that in specifying the compensation, the Legislature has taken these facts into con....... + More
-
1986 (9) TMI 422
... ... ... ... ..... of ₹ 1,00,000 was not liable to be included in the income of the assessee. That decision is Sukhdeo Charity Estate, Ladnu v. CIT, Rajasthan, Jaipur. There is no dispute that as a result of exclusion of this amount of ₹ 1,00,000 from the income of the assessee, the very foundation for imposition of penalty under sections 271(1)(c) has become non-existent. This is an undisputed position before us. It is therefore, clear that in this situation it is now unnecessary to answer the above question of law which has bee....... + More
-
1986 (9) TMI 421
... ... ... ... ..... re forthwith nonsuited. They did not choose to come up by way of revision against non-suiting or move the High Court on writ side for being made party to the acquisition proceedings. The reference was claimed only by the land-owner, Smt. Shanti Devi, who had the registered sale deed in her favour. She alone was a party in the proceeding before the Collector. The attempt now is to enlarge the scope of the enquiry under Section 18 into the inter se rights of the vendor, his coparceners and the vendee, and whether the vendor ....... + More
-
1986 (9) TMI 420
... ... ... ... ..... assed and having become entitled to the out flowing preferential treatment. Similar would be the outcome also in a case where a candidate's Confidential Record is bad and he earns no points in that item. Such an interpretation would thus be self-defeating and lead to absurd results, and accordingly, would be contrary to well-established canons of construction, not to speak of a common-sense-oriented approach. Since the rule does not specify a different passing standard for 'each' subject, the prescribed minimum....... + More
-
1986 (9) TMI 419
... ... ... ... ..... rtified copy being so delivered, the transferor company shall be dissolved without being could up and place all dominates relating to the transferor company and the files relating to the said two companies shall be consolidated accordingly; and That the above scheme of amalgamation is sectioned subject to the condition that no employee of the transferee company, that is, Alembic shall be transferred from the place where he is working to the place where the Neomer unit is situated; and It is further ordered that the transfe....... + More
-
1986 (9) TMI 418
... ... ... ... ..... the petition). 3. Having heard the learned counsel for the petitioner and the learned Standing Counsel, we are of the opinion that the recovery proceeding may continue against the assets of M/s Cawnpore Chemical Works Private Limited and not against the private assets of the petitioners, who are the Directors of the Company. There is, however, no justification to stay the recovery proceedings against the assets of the Company. The view that we are taking also finds support from a decision in L. Parmeshwari Das v. The Colle....... + More
-
1986 (9) TMI 417
... ... ... ... ..... Register maintained under Rule 1 of Part of the Rules. She will be entitled to her due place in the Seniority List of the 1984 batch. The petitioner will be entitled to her costs which we quantify at ₹ 5000. As a result of our finding a few more candidates would also be entitled to be included in the Select List and ordinarily we would have directed their inclusion in the list. But having regard to the fact that most of the others have not chosen to question the selection and the circumstance that two years have elap....... + More
-
1986 (9) TMI 416
... ... ... ... ..... e to the pre sent acquisition proceedings, we are of the view that the above provision in the Delhi Development Act contains a wholesome principle which should be followed by all Development Authorities throughout the country when they acquire large tracts of land for the purposes of land development in urban areas. We hope and trust that the Meerut Development Authority, for whose benefit the land in question has been acquired, will as far as practicable provide a house site or shop site of reasonable size on reasonable t....... + More
-
1986 (9) TMI 415
... ... ... ... ..... ecision. It is nonexistent in the eye of law. And hence a nullity. The Judgment under appeal is therefore no judgment in the eye of law. This Court in 1982(3) S.C.R. page 81 (State of Madhya Pradesh v. Dewadas Ors.) has taken a view which reinforces our view. We, therefore, allow the appeal, set aside the order passed by the learned Single Judge, and send the matter back to the High Court for being placed before a Division Bench of the High Court, which will afford reasonable opportunity of hearing to both the sides and di....... + More
-
1986 (9) TMI 414
... ... ... ... ..... ademic Council to exercise its power of superintendence. If as is claimed the Vice-Chancellor does not take the initiative to call a meeting of the Academic Council, the members of the Academic Council desiring to call a meeting of the Academic Council are free to take recourse to the provisions of the Act, the ordinances and the Statutes to requisition a meeting. We are, therefore, unable to hold that the Resolution of the Admissions Committee dated May 6, 1986 is tainted by any illegality. We set aside the judgment of th....... + More
-
1986 (9) TMI 413
... ... ... ... ..... not been contravened in any manner. 7. In regard to the third question, the Tribunal was not right in holding that the order of the Commissioner was based on surmises and conjectures. No enquiry had been held and, therefore, no concluded finding could be arrived at by the Commissioner and, therefore, there was no question of surmises and conjectures. 8. In regard to the fourth question, in our view, the decision of the Tribunal in the case of Smt. Rambha Devi ( supra) was not correct. The Tribunal was not right in holding ....... + More
-
1986 (9) TMI 412
... ... ... ... ..... on of such prosecutions by the Food Inspector, Faridkot as laid down by this Court in State of Bombay v. Parshottam Kanaiyalal, 1961 1 SCR 458 and The Corporation of Calcutta v. Md. Omer Ali Anr., 1976 4 SCC 527. In the premises, the impugned notification dated September 7, 1972 issued by the Food (Health) Authority must be declared as ultra vires the Food (Health) Authority insofar as the purported to delegate his powers to institute prosecutions for an offence under the Act under s. 20(1) to the Food Inspector, Faridkot........ + More
-
1986 (9) TMI 411
... ... ... ... ..... ighest bid made at the subsequent sale they have sufficient interest in the matter to contest the appellant's petition made under sec. 33 of the Act. We are therefore in agreement with the High Court that respondents should have been afforded opportunity of hearing before any order on the appellant's petition was passed. Since no such opportunity was afforded, the High Court was justified in quashing the orders of Sri Rajni Kant. We accordingly uphold the High Court's order to that extent. We therefore allow th....... + More
-
1986 (9) TMI 410
... ... ... ... ..... own for which it recovers various taxes. Furthermore, maintenance of roads, bridges etc. are statutory duties of the Municipal Board under Section 7 of the Act. The levy of the toll tax by the Municipal Board must therefore be struck down as ultra vires. 2. We are informed by learned Counsel for the respondents that the State Government by notification dated April 4, 1979 has withdrawn the transit tax on vehicles and other conveyances, animals and laden coolies who are merely passing through the municipal limits. Our atten....... + More
