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1990 (9) TMI 367
... ... ... ... ..... the scene by the investigating officer. 6. The plea of the appellant, namely, the State in the present appeal that the reasons assigned by the High Court for recording the order of acquittal are erroneous, cannot be accepted for a moment since in our considered opinion the High Court has given valid and weighty reasons for its in assailable logical conclusion. As rightly pointed out by the High Court, the entire version of the prosecution and the evidence of the eye witnesses as well the evidence of Sheo Narain are directl....... + More
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1990 (9) TMI 366
... ... ... ... ..... esponsible for this crime. We perused the injury report and we could not find any reason to adopt its authenticity. 12. Before parting with this case we consider it necessary to record that the Judge was uncharitable in discarding the testimony of Dr. Patrisia and doubting her truthfulness principally because she was a woman forgetting that she was a doctor of 14 years standing and there was no reason for her to make the endorsement on the injury report other than stated that it was on request of Dr. Themani. We do not wis....... + More
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1990 (9) TMI 365
... ... ... ... ..... e issued by defendant No. 6 there was no cause at any rate sufficient cause for the plaintiff to doubt the title of defendant No. 1 nor can it be said that the plaintiff acted negligently disregarding 'red flag' raising suspicion. Viewed from this background it cannot be said that there was sufficient cause to doubt the title nor there is scope to infer gross negligence on the part of the plaintiff. There is no material which amounts to rebuttal of the presumption in his favour as provided under Section 118(g). On ....... + More
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1990 (9) TMI 364
... ... ... ... ..... ring money of its customers to some other persons account on oral authority, people will loose faith in the credibility of Bank. 5. Since the basic facts regarding the unauthorised transfer of the disputed amount from the appellant's account as well as the Bank's liability was admitted, there was no justification for the High Court to direct the appellant to file suit on ground of disputed questions of fact. The respondent Bank is an instrumentality of the State and it must function honestly to serve its customers........ + More
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1990 (9) TMI 363
... ... ... ... ..... in the peculiar facts and circumstances of the case that in Uttar Pradesh where the offence would be enquired into and and, tried there is likelihood of the petitioner being humiliated in the eyes of people. In such circumstances and situation it would be appropriate and expedient in the interest of justice to grant him anticipatory bail till the conclusion of the trial. 34. We, Therefore, allow this petition and enlarge the petitioner on anticipatory bail in criminal case being Crime No. 182 A/89 pending in the Court of C....... + More
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1990 (9) TMI 362
... ... ... ... ..... ion of India and Anr. v. Raghubir Singh (dead) by Lrs. etc. 1989 178 ITR 548(SC) , the submission could be not pressed as in the present case the matter had concluded long before April 13, 1982. 8. In view of the above we do not see any merit in this petition and dismiss the same with no order as to costs. 9. Before we part, we may point out that the petitioner-society comprises of members belonging to the Scheduled Caste. Their land was expropriated for a public purpose. In law we are unable to entertain their claim as th....... + More
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1990 (9) TMI 361
... ... ... ... ..... ed as no satisfactory ground of delay is explained. Consequently, the special leave petition is dismissed as barred by time.
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1990 (9) TMI 360
... ... ... ... ..... e company to be stayed pending such appeal, that cannot lead to the conclusion that the phrase on enquiry under Section 16 in Section 22(1) must include a reference under Section 15 of the Act. We do not wish to speculate as to the reason why Parliament included the pendency of appeals as a situation warranting stay of all proceedings. Suffice it to say that, in view of the clear wording of Section 22(1), there is no need to embark upon an enquiry into the intention of Parliament. 21. In that view of the matter, we dismiss....... + More
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1990 (9) TMI 359
... ... ... ... ..... ut the fact remains that the assessment of the firm was made as registered firm, as such the income from the partnership firm is includible in the hands of the assessee, a partner of the firm. That apart, section 182(1) of the Act provided that after the income of the firm has been determined by the ITO, the share of each partner in the income of the firm shall be included in its total income and assessed to tax, accordingly, in the year in which such allocation has been made. In our view, therefore, apart from the fact th....... + More
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1990 (9) TMI 358
... ... ... ... ..... ith law after giving an opportunity to the petitioners of being heard. 6. We may incidentally point out that when this matter came up for hearing before this Court on 23rd July, 1985, this Court observed that it considered the case one which was pre-eminently fit for a settlement. It appears that thereafter no further progress seems to have been made in the direction of arriving at an amicable settlement. We are also told by the learned Counsel for the petitioners that in the meantime the Government of India has acquired a....... + More
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1990 (9) TMI 357
... ... ... ... ..... e Judge proceeded on the footing that the Directors were owners of the company. We called upon the learned Counsel for the appellant to substantiate the proposition that Directors in the absence of anything more would have to be treated owners of the; company and he has candidly accepted the position that in the absence of facts and proof of actual position, Directors cannot be treated ipso factor as owners. Thus no support is available from the precedents. We are of the view that the High Court was right in its conclusion....... + More
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1990 (9) TMI 356
... ... ... ... ..... sed. It settles in purchaser. Giving up such right. expressly or impliedly cannot therefore be said to involve any interest of community or public welfare so as to be in mischief of public policy. Even otherwise on facts found that the respondent knew of the sale deed. assisted the appellant in raising the construction and after the construction was completed in the month of June he gave the notice in month of July for exercise of the right and filed the suit in January would itself demonstrate that the conduct of the resp....... + More
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1990 (9) TMI 355
... ... ... ... ..... the company's workmen will find jobs in the new corporation. 33. A great many of the company's workmen are project-affected persons and had been given employment in the company on that score. If the fact that their services with the company have now come to an end gives them any cause for action against the State, they shall be free to take such action. 34. The company has satisfied us that it has passed a special resolution that it be wound up by the Court, that it unable to pay its debts and that its substratum h....... + More
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1990 (9) TMI 354
... ... ... ... ..... on to the loss caused to the owner of the land. Therefore, we have no hesitation to hold that Section 25(3) contemplates payment of interests on solatium to recompensate the owner of the land for loss of user of the land from the date of taking possession till date of payment into court. The word compensation has been advisedly used by the legislature. Accordingly we hold that the appellant is entitled to interest on solatium. 13. We allow the appeals to the extent indicated above. The market value is fixed at ₹ 18 p....... + More
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1990 (9) TMI 353
... ... ... ... ..... am by the commission of offences whilst in service. This is a matter for the trial Court to decide on the assessment of the evidence to be adduced and to give a finding thereon. As respects the other question of lifting of the freezing of accounts by the issuance of a prohibitory order by the Investigating Agency under section 102, Cr.P.C., it cannot be stated that the Investigating Agency is not empowered to issue such order, on the face of the decisions of Padmini Jesudurai, J. in Bharat Overseas Bank v. Minu Publication....... + More
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1990 (9) TMI 352
... ... ... ... ..... entifiable and there can be no question of being seized by the police officer. Therefore, no order can be passed by a police officer under section 550 (old) 102 (new) prohibiting a bank with which the accused has an account not to pay any amount out of the account of the accused to the accused until further order. 7. I respectfully agree with the decision of the Allahabad High Court cited above. For the reasons stated above, the impugned order of the Special Judge and the orders of the police officer (CBI) are hereby quash....... + More
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1990 (9) TMI 351
... ... ... ... ..... er has lastly urged that the order dated February 21, 1990 rejecting the representation of the petitioner is in English language and it is not in the language which the petitioner understands. This ground has not been raised by the petitioner in the writ petition and the respondents had no opportunity to meet the same. The photostat copy of the order dated Feb. 21, 1990 which was sent for service on the petitioner has, however, been placed before us. The said copy bears the following endorsement by the Jailor, Central Pris....... + More
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1990 (9) TMI 350
... ... ... ... ..... present case as well especially when the matter is pending in this Court and this appointment is with reference to a case of promotion and appointment, It is true that at the time when the appellant was promoted the Rule had not been amended. However it may also be mentioned that the appellant is the senior most among the Senior Geologists and even if he is to be considered again trader the amended rules he shall have to be appointed and nothing is stated in these proceedings which would disqualify him even now. In the cir....... + More
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1990 (9) TMI 349
... ... ... ... ..... the inherent limitations on the scope of the inquiry are themselves a part of those principles. In a matter even as between the parties, there must be shown a public law element to the contractual decision before judicial review is invoked. In the present case the material placed before the Court fails far short of what the law requires to justify interference. 7. There is no merit in the contention that the Project Scheme was tailored to suit Respondent No. 6 alone or that the project as put to tender did not admit of ten....... + More
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1990 (9) TMI 348
... ... ... ... ..... al, Chief Accounts Officer, Randhir Singh, Manager (Personnel) and R. S. Malik, Ex-Managing Director. The further proceedings of the inquiry shall be commenced on 20th October and continued from day to day. o p /o p There shall be no necessity for the inquiry authority to issue fresh notices to the appellant in respect of the further proceedings on that day. The appellant shall appear along with his lawyer before the inquiry authority on that date and the subsequent dates to which the proceedings may stand adjourned. Appel....... + More
