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1991 (9) TMI 373
... ... ... ... ..... year from the date of knowledge of the alleged cheating and falsification of accounts. 69. Thus, the special features and the related facts and circumstances as referred to above would manifestly show that the allegations in the complaint are patently absurd and inherently improbable and that the complainant has failed to make out a prima facie case. The dispute is of civil nature and the impugned criminal proceeding appears to be frivolous. vexatious and mala fide initiated with the oblique motive of exerting pressure upo....... + More
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1991 (9) TMI 372
... ... ... ... ..... w finds support from the case of Mohinder Singh Gill v. Election Commissioner, AIR 1987 SC 851 858 wherein it has been held that, when a statutory functionary makes an order based on certain grounds its validity must be judged by the reasons so mentioned and can not be supplemented by fresh reasons in the shape of affidavit or otherwise. As I am of the view that respondents cannot be allowed to justify the impugned order to be valid on the grounds not taken by the D.I.O.S., I am not inclined to consider said plea on merit ....... + More
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1991 (9) TMI 371
... ... ... ... ..... e in which the State legislation operates. The reasoning of the High Court to oust the applicability of Section 135 of the Indian Railways Act on the test of sub-Article (2) of Article 285 was totally misplaced, as also in not venturing to create room for it in sub-Article (1) of Article 285. The interplay of the constitutional and legal provisions being well cut and well defined requires no marked elaboration to stress the point. Accordingly, we allow this appeal, set aside the judgment and order of the High Court and iss....... + More
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1991 (9) TMI 370
... ... ... ... ..... from instituting or prosecuting any proceeding in a Court not subordinate to that from which injunction is sought. Section 41(b) denies to the Court the jurisdiction to grant an injunction restraining any person from instituting or prosecuting any proceeding in a Court which is not subordinate to the Court from which the injunction is sought . The above principle would apply also to a case governed by Clause (d) of Section 41. 9. The lower Court was in serious error in granting interim ex parte order of injunction. The low....... + More
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1991 (9) TMI 369
... ... ... ... ..... eason for it is that when the bail application of one co-accused is rejected on merits, the other co-accused who is not a party to that bail application, had no opportunity to make his submissions before the court. It is only when he moves his bail application that he can make his assertions, which are to be heard and decided on merits by this Court. So it cannot be said that his bail application would be liable to be rejected merely because the bail application of other co-accused had been rejected earlier. 9. Considering....... + More
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1991 (9) TMI 368
... ... ... ... ..... wer to review their orders, suo motu (Viswanathan v. Muthuswamy Gounder, AIR 1978 Mad 221; Municipal Corporation of Delhi v. Sunni Majlis Aukaf, AIR 1968 Delhi 215; Mohammed Abdul Rauf v. Mostt. Khadeja,). However, upon discovery of an error of procedural nature Courts may suo motu correct such error, (Sankaran v. Raman, 1982 KLT 237; Grindlays Bank v. Central Govt. Industrial Tribunal, (AIR 1981 SC 606) (1981) 1 SCWR 236; State of Gujarat v. Sardar Begum, (AIR 1976 SC 1695)) (1976) 2 SCWR 404 . 21. Having regard to the le....... + More
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1991 (9) TMI 367
... ... ... ... ..... ainant had to allege in the complaint against the company that the offence has been committed by its directors, managers, etc., with their consent or connivance or neglect on their part. In all these three complaints, the complainant had not even raised a little finger against Harbhajan Singh, the accused. Thus, even if the entire allegations of the complainant contained in the complaint are to be taken to be true, no case is made out under Section 138 of the Act. 9. For the reasons recorded above, there is no option but t....... + More
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1991 (9) TMI 366
... ... ... ... ..... its filed by the petitioners in support of their applications under Section 5 of the Limitation Act before the SLAO it is clearly averred that they acquired knowledge of the award of the Court for the first time just a few days before making of the applications under Section 28A. Apparently the correct legal position was not brought to the notice of that officer and he proceeded on the assumption that the application had been made beyond time as the same had obviously been filed long after the expiry of a period of three m....... + More
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1991 (9) TMI 365
... ... ... ... ..... he matter reopened before another Bench, and there would not be any end to such attempts. Besides, it was not consistent with the judicial discipline which must be maintained by Courts both in the interest of administration of justice by assuring the binding nature of an order which becomes final, and the faith of the people in the judiciary. The impugned order dated 16-7-91 is, therefore, set aside and the order dated 6-7-90 granting bail to the appellant is restored. 4. It is, however, made clear that it would be open th....... + More
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1991 (9) TMI 364
... ... ... ... ..... the transactions between the parties from which transactions the present suit has arisen, it would be inconvenient to the defendants to defend themselves before this Court or would be inconvenient to the plaintiff if he is asked to go to institute the suit in Cochin as pleaded by the defendants. We, however, refrain for, if we do so, we shall usurp the jurisdiction and discretion of the learned single Judge, who is to decide whether to grant leave or not. Since we are of opinion that a proper adjudication is necessary on a....... + More
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1991 (9) TMI 363
... ... ... ... ..... oppel to the prosecution. While rejecting that contention the Apex Court has held as follows In the instant case for the reasons already mentioned, we are unable to hold that the proceeding before the Collector of Customs is a criminal trial. From this it follows that the decision of the Collector does not amount to a verdict of acquittal in favour of accused Nos. 1 and 2. He further relied upon the ruling reported in MANU/PH/0252/1981 Arun Spinning Mills v. Collector. In it, it was held that departmental proceedings initi....... + More
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1991 (9) TMI 362
... ... ... ... ..... e under Clause 14 of Letters Patent shall have to be heard by the learned Chamber Judge, unless assigned to this Court. Liberty to the plaintiffs to move the learned Chamber Judge or the Hon'ble Chief Justice. No one can prejudge the result of the petition for grant of leave under Clause 14 of Letters Patent at this stage. The plaintiffs' conduct in respect of making untrue averments in respect of jurisdictional issue is blameworthy even if the plaintiffs have an arguable case on merits. I express no opinion on mer....... + More
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1991 (9) TMI 361
... ... ... ... ..... s the distinction between licence and lease vis-a-vis the power of the Tribunal under Section 91 of the Co-op. Societies Act. It is also of no avail to the appellant. Thus I hold that the respondent, after expiry of the licence or its termination, was in settled possession, and its dispossession was otherwise than in due course of law. Therefore, the decree for possession under Section 6 of the Act is not illegal. Remedy of judicial review under Article 136 of the Constitution is plenary and is not hedged with the bar of a....... + More
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1991 (9) TMI 360
... ... ... ... ..... on by learned Advocate Mr. Parikh there is no question of reading Articles which happens to be documents as documents as referred to in Sub-section 5(a) of Section 173 of the Code. I have made it clear that in case if the prosecution uses the said Articles which happens to be documents as documents and tries to prove the same as a documentary evidence in that case the accused will be entitled to the copies thereof as provided in Section 207 of the Code. 13. In view of the above discussion, there is no reason to interfere w....... + More
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1991 (9) TMI 359
... ... ... ... ..... ed in the conveyance or in the contract. In the present case, the plaintiff has no case that the consideration mentioned in the document was not paid or that there was any failure of consideration or that the consideration agreed to between the parties was of a different kind than what is mentioned in the document. The definite case of the plaintiff is that the real consideration for the sale was ₹ 16,000/- whereas the conveyance shows the consideration to be ₹ 10,000/-. In view of the provisions contained in S....... + More
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1991 (9) TMI 358
... ... ... ... ..... s v. Girja Nandini Devi, . Some support was sought to be drawn from Commr. of Wealth Tax-II, Ahmedabad v. Arvind Narottam ,which lays down that a citizen can adopt lawful methods for avoidance of the taxes.There is no dispute about this proposition of law. In the present case, the question is whether while avoiding the incidence of tax the award and the decree in question were intended to be acted upon and in fact, were acted upon or not? I have also gone through the written arguments given separately by defendant No. 3. T....... + More
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1991 (9) TMI 357
... ... ... ... ..... is not to be burdened with technicalities. ( 7. ) On a consideration of the facts of the present case, ends of justice would be met by setting aside the orders under appeal and remitting the matter to the High Court to take into account, the subsequent events relied upon by the respondent as well as those now sought to be raised by the appellant if the appellant places them before the High Court in an appropriate manner. It will be for the High Court to decide whether, having regard to the nature of the subsequent facts, i....... + More
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1991 (9) TMI 356
... ... ... ... ..... prejudicial activity and the purpose of the detention, the order of detention is not vitiated because of the delay. (7) Undoubtedly, if the respondent shows that there is a reasonable nexus between the prejudicial activity and the purpose of detention, the delay in passing the detention order has to be over-looked. However, in the present case we find that there was no additional material before the detaining authority which necessitated the passing of the detention order than the one which was available on the date of the....... + More
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1991 (9) TMI 355
... ... ... ... ..... as not State within the meaning of Article 12. But this decision has been distinguished and watered down in the subsequent decisions particularly in Ajay Hasia and Ramchandra lyer cases (supra). Counsel for the appellant strongly relied upon the decision in P.K Ramchandra lyer case where this Court held that Indian Council for Agricultural Research (ICAR) was State under Article 12. But it may be noted that ICAR was originally an attached office of the Government of India and its position was not altered when it was regist....... + More
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1991 (9) TMI 354
... ... ... ... ..... n paper is correct. No doubt, it is rather difficult to prove any evidence regarding the consideration received over and above the consideration shown in the paper, yet after the above decision of the Hon ble Supreme Court, we are helpless as we have to interprete the law as it stands. It may be possible that even the legislature in its wisdom might have thought likewise and thereafter might have deleted this very provision by amendment in 1988. Anyhow, as the facts and the law stands, we hold that there was no evidence on....... + More
