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1991 (11) TMI 276
... ... ... ... ..... ng this appellant as juvenile under Section 3 of the Act and exercising powers of Juvenile Court Under Section 7(3) of the Act, while maintaining the conviction of the appellant under Section 302, IPC I direct the appellant to be released on probation of good conduct on executing a bond to the satisfaction of the trial court that he will keep peace and be of good behaviour for a period of three years. He is further directed in the circumstances of the case to pay a sum of Rs. 5000/- as One, which shall be paid as compensat....... + More
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1991 (11) TMI 274
... ... ... ... ..... the respondents perform their duties in execution of the works, repairs and maintenance thereof in connection with the generation, transmission and distribution of the electrical energy by the Corporation licensee. The Corporation is the Principal employer. The respondents' immediate employers execute the work etc. under the supervision of the Corporation as its agents. Their employees, in law, work under the supervision of the principal employer, corporation. They are covered under Section 2(9)(iii) of the Act entitli....... + More
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1991 (11) TMI 273
... ... ... ... ..... as 18th December 1991 for trial. The petitioner also received a letter dated 5-10-1991 from his Advocate informing him that as the Advocates were on strike he had not appeared in the Court of the learned Metropolitan Magistrate and therefore the learned Metropolitan Magistrate had issued a fresh non-bailable warrant against the petitioner and had adjourned the case to 18th December 1991. The petitioner says that he had already booked a ticket for 14th December 1991 and he would leave Bombay on 14th December 1991 by Paschim....... + More
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1991 (11) TMI 272
... ... ... ... ..... r the offence. 5. In Ess Bee Food Specialities and Ors. v. Kapur Brothers and Ors. 1991 PAP 203, relying on these authorities, this Bench held that to make person liable, it has to be shown that he was incharge or responsible to the company for the conduct of the affairs of the company or liable to the company. 6. In the impugned complaint, as well as in the evidence produced before the summoning, there is no allegations that Smt. Amrit Rani was incharge of the affairs of the firm or liable to the firm for its affairs as s....... + More
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1991 (11) TMI 271
... ... ... ... ..... into and considering the evidence, as law did not require it, as held in the case of Madula (Supra). But if the Court below had done so, even then the judgment cannot be set aside. Learned counsel for the appellant urged that the Court below had wrongly thrown the entire burden of proof of nonpayment of rent on the defendant. The submission is not correct. It had considered the case on merits and by examining the evidence, found that plaintiff proved that the defendant was in arrears of rent for more than six months and th....... + More
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1991 (11) TMI 270
... ... ... ... ..... ound that his wife has to remain at Chandigarh. No doubt the guidelines require the two spouses to be posted at one place as far as practicable, but that does not enable any spouse to claim such a posting as of right if the departmental authorities do not consider it feasible. The only thing required is that the departmental authorities should consider this aspect along with the exigencies of administration and enable the two spouses to live together at one station if it is possible without any detriment to the administrat....... + More
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1991 (11) TMI 269
... ... ... ... ..... n of the executive directions and order of this Court dated February 7, 1991 and is, therefore, not a fit case in which contempt proceedings need to proceed any further. We, accordingly, drop the contempt proceedings and discharge the rule issued against the respondents. 11. Since the Court has found entitlement of the untrained teachers in all the categories to appointment provided they are otherwise qualified and trained teachers are not available, we direct the respondents to properly comply with the orders of this Cour....... + More
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1991 (11) TMI 268
... ... ... ... ..... benefit of the provisions of Section 23(1-A) was clearly available to the claimant as held in the impugned judgment. In the result, the appeal arising out of Special Leave Petition (Civil) No. 14297 of 1990 in Union of India v. Zora Singh must be dismissed with costs. 19. As far as the other appeals filed by the Union of India which have been heard together with the Zora Singh's case are concerned, learned Counsel for the Union of India has not drawn our attention to any material difference in the relevant facts therei....... + More
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1991 (11) TMI 267
... ... ... ... ..... on given to the three candidates in pursuance of the High Court orders. We do not know whether the petitioner's case is true. All the same, we think it appropriate to make the following direction the college authorities shall create three more seats in the said course and admit the first three available students in the waiting list against those seats. The Chandigarh Administration shall pass the necessary orders in this behalf. Action in terms of this direction shall be taken forthwith by the Chandigarh Administration....... + More
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1991 (11) TMI 266
... ... ... ... ..... dy received a sum of ₹ 16,75,000 from BCCL the balance sum of ₹ 1,47,990 should be assessed to tax for this assessment year as according to us, the same has accrued to the assessee though not received. The assessee thus gets a relief of ₹ 17,60,797 (Rs.9,08,787 - ₹ 1,47,990). 10. It is represented by the assessee's counsel that till to-day the assessee has not received the sum of ₹ 1,47,990 from CIL though more than seven years have passed and, therefore, it will not be justified to subjec....... + More
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1991 (11) TMI 265
... ... ... ... ..... he States and Union Territories; the question of appropriate pay scales of judicial officers be specifically referred and considered. (v) A working library at the residence of every judicial officer has to be provided by 30.6.1992. Provision for sumptuary allowance as stated has to be made. (vi) Residential accommodation to every judicial officer has to be provided and until State accommodation is available, Government should provide requisitioned accommodation for them in the manner indicated by 31.12.1992. In providing r....... + More
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1991 (11) TMI 264
... ... ... ... ..... itioners were in charge of and were responsible to the firm for the conduct of the business of the firm, it is only then, that they can be vicariously prosecuted along with the company. The Proviso to S.278-B(1) of the Act will come into operation only after the initial onus cast on the prosecution under the main Section gets discharged. The criminal proceedings in that case were quashed. 12. The decision referred to above, do apply to the facts of this case and in this view, the prosecution has failed to prove that the 4t....... + More
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1991 (11) TMI 263
... ... ... ... ..... till it will not come in the way of making interlocutory order in the Probate suit such as appointment of a receiver or Administrator. The Bombay High Court in the case reported in AIR 1922 Bom 276, has held that even if the order of stay is passed still the Court can pass interlocutory order such as appointment of receiver or attachment before Judgment. 17. Having regard to the facts and circumstances of the case, and the suit is pending before the Bombay High Court and that the Probate proceedings in this Court is still ....... + More
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1991 (11) TMI 262
... ... ... ... ..... cede the deposit of the sale amount. Sec. 36 mandates remittance of the balance of 85 of the sale consideration within 30 days from the date of auction. It is obligatory on the purchaser to deposit the amount within that period unless he is prevented by an order of the court or tribunal from so making deposit. The non-compliance renders the 15 deposit liable to forfeiture. Therefore, the confirmation of the sale without compliance is illegal. We hold that the sale is vitiated by manifest error of law and rightly set aside ....... + More
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1991 (11) TMI 261
... ... ... ... ..... bservations made in these decisions which could be and are applicable in deciding the present case. They are a contingent, provisional or notional liability is not an allowable deduction under the Income-tax Act and it is allowable only when it has been ascertained and became capable of being enforced against the assessee. 22. To conclude, this year being not the year of production or manufacture, nor the year in which an enforceable legal demand was raised, the assessee would not be entitled to any deduction in computing ....... + More
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1991 (11) TMI 260
... ... ... ... ..... t's inherent powers under the Code and powers otherwise under Article 142 of the Constitution, to further the cause of complete justice, confining it to the facts of this case, and to be fair to the auction purchasers, direct the appellant to burden himself in paying to the auction purchasers, interest on their blocked sum of ₹ 1,05,000, the purchase money, lying in Court since 1963, which we quantify as equivalent to the sum deposited. We thus allow this appeal on the condition that the appellant shall deposit i....... + More
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1991 (11) TMI 259
... ... ... ... ..... e that such provisional admission should not be granted. We dismiss this special leave petition and sustain the order not on merits but for the reason indicated. The interlocutory application in the civil appeal need not be further dealt with in view of what we have said above. We had issued notice to the Principals of the seven medical colleges. They have appeared and have given a written undertaking to the Court by way of affidavit that there was some misunderstanding in regard to the requirement of a selection test for ....... + More
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1991 (11) TMI 258
... ... ... ... ..... on debarring renewal of permits, applied for, under old Act could be pointed out. Reliance was placed on absence of preferential provision under Section 81 of the Act which provides for renewal of permits. It was urged that there was a definite departure from the old Act therefore any right under the old Act, could not be continued to under the new Act. The submission does not appear to be sound. The new Act is a legislation on the same subject. Section 81 specifically provides for renewal. It cuts across the argument of i....... + More
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1991 (11) TMI 257
... ... ... ... ..... t of the validity thereof and, therefore, we are only required to construe the meaning of the provision. In our opinion, the contention of the appellants Degree-holders that the rules must be construed to mean that the three years' service in the grade of a Degreeholder for the purpose of Rule 11 is three years from the date of obtaining the Degree is quite tenable and commends to us being in conformity with the past practice followed consistently. It has also been so under-stood by all concerned till the raising of th....... + More
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1991 (11) TMI 256
... ... ... ... ..... ied upon a decision in Kurjibhai Dhanjibhai Patel v. State of Gujarat and Ors. 1985 (1) Scale 964. In our view, the said decision cannot be availed of because the facts therein are entirely different. In that case, the show cause notice and the reply to the said notice sent by the detenu himself, which according to the Court were vital documents, have not been placed before the detaining authority. For the reason stated above, the second contention has to be repelled. 11. The third contention that there is unexplained dela....... + More
