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1994 (10) TMI 312
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... ... ..... ork and shall arrange to purchase the shares of the petitioner at this value within one month of the submission of the valuation report by the valuers. The price shall be paid by demand draft drawn in the petitioner's name which shall be deposited with the advocate for the petitioner who shall arrange to surrender whatever share certificates which are in the possession of the petitioner and executing necessary documents for other shares for which share certificate is not available before handing over the demand draft to the petitioner. Besides this relief we do not consider it necessary to provide any other relief as prayed for by the petitioner. In case the shares are not purchased as ordered above the petitioner is at liberty to approach this Bench with an application for any further reliefs. All interim orders stand vacated. Let a copy of the order be sent to P.K. Mitra and Company valuers. The petition is disposed of on the above terms. There is no order as to costs.
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1994 (10) TMI 311
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... ... ..... ct the property tax on the basis of fair rent alone, while asking them at the same time to perform all their obligatory and discretionary functions prescribed by the statute may be to ask for the impossible. The cost of maintaining and laying roads, drains and other amenities, the salaries of staff and wages of employees - in short, all types of expenditure has gone up steeply over the last more than forty years. In such a situation, insistence upon levy of property tax on the basis of fair rent alone - disregarding the actual rent received - is neither justified nor practicable. None of the enactments says so expressly. The said principle has been evolved by Courts by a process of interpretation. Probably a tune has come when the said principle may have to be reviewed. In this case, however, this question does not arise at this stage and, therefore, it is not necessary to express a final opinion on the said issue. 13. The appeal accordingly fails and is dismissed. No costs.
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1994 (10) TMI 310
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... ... ..... not a case warranting interference under Article 136. We find no force in the contention. 4. When a statutory Tribunal was constituted specially to look into the grievances of Government servants, it is statutory obligation on the part of such Government servants, first to avail themselves of the statutory remedy. In case, they are aggrieved against the order passed by the Tribunal, the remedy under Article 226 is always available to them. Under these circumstances, when the two Division Benches had rightly declined to entertain the writ petitions and directed the parties to avail themselves of the statutory remedy, another Division Bench was wholly unjustified in entertaining the writ petition under the impugned order and directing its early disposal. 5. The appeal is accordingly allowed. The High Court is requested to transmit the papers to the Tribunal. It is open to the respondents to avail themselves of the statutory remedy before the Tribunal. No costs. Appeal allowed.
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1994 (10) TMI 309
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... ... ..... order of the High Court would be setting at nought settled state of affairs. It was also stated by the learned counsel for respondent that the appellant has no land or house in the locality. 8. For these reasons even though the judgment and decree of the High Court are liable to be set aside but we refrain from doing so. Yet in order to protect interests of the owners of house and residents of the colony it is directed that the order of the High Court shall stand modified to the following effect (1) The Corporation shall have right to manage the land which was earmarked for school, park etc. (2) The Corporation shall not have any right to change the user of land which shall be for beneficial enjoyment of the residents of the colony. (3) It is left open to the Corporation to get the land transferred in its favour after paying the market price as prevalent on the date when the sanction to the layout plan was accorded. 9. The appellant shall be entitled to his costs throughout.
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1994 (10) TMI 308
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... ... ..... velopment. The concepts dealt with herein are still in the process of evolution. 28.In all this discussion, we may clarify, we have not gone into the impact of Article 19(1)(a) read with clause (2) thereof on Sections 499 and 500 of the Indian Penal Code. That may have to await a proper case. 29.Applying the above principles, it must be held that the petitioners have a right to publish, what they allege to be the life story/autobiography of Auto Shankar insofar as it appears from the public records, even without his consent or authorisation. But if they go beyond that and publish his life story, they may be invading his right to privacy and will be liable for the consequences in accordance with law. Similarly, the State or its officials cannot prevent or restrain the said publication. The remedy of the affected public officials/public figures, if any, is after the publication, as explained hereinabove. 30.The writ petition is accordingly allowed in the above terms. No costs.
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1994 (10) TMI 307
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... ... ..... afresh after supplying the documents and to give an opportunity to the respondent to inspect the documents and then take appropriate action according to law. Depending upon the result of the enquiry, the respondent has since been superannuated, his pensionary claims and other benefits are to be granted to him. Depending upon the fresh enquiry, the question of payment of back wages would arise and the management would take ap- propriate decision thereon. The appellant should conduct and complete enquiry within a period of six months from the date of the receipt of this order. It is needless to mention that the respondent should co-operate in the enquiry to be conducted. In case he adopts dilatory tactics, a notice in that behalf be given before forfeiting his right to participate in the enquiry from that stage and to follow the procedure in conducting the enquiry and to pass appro- priate orders on the result of the enquiry. 8. The appeal is accordingly disposed of No costs.
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1994 (10) TMI 306
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... ... ..... aid in another notified area has to make a declaration and furnish a certificate to the assessing authority in Form-E within a week of the day of bringing of agricultural produce within the notified area. The Company has made a specific averment in the petition that it has already paid the Haryana Rural Development Fee to the assessing authority of the notified market area from where the raw material was purchased. There is no rebuttal to this averment. Here also, the Company cannot be deprived of its right to claim exemption merely because Form-E was not furnished; to the assessing authority within the prescribed period of one week of the bringing of the agricultural produce in the notified market area of market committee; Rewari. 5. For the reasons recorded above, both the writ petitions are allowed and the impugned notices requiring the Company to pay second time market fee and Haryana Rural Development fee are quashed. There is no order as to costs. 6. Petitions allowed.
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1994 (10) TMI 305
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... ... ..... land. We have no doubt that the moderate Hindu has little taste for the tearing down of the place of worship of another to replace it with a temple. It is our fervent hope that that moderate opinion shall find general expression and that communal brotherhood shall bring to the dispute at Ayodhya an amicable solution long before the Courts resolve it. 160. To quote Gandhiji again, "India cannot cease to be one nation because people belonging to different religions live in it. In no part of the world are one nationality and one religion synonymous terms, nor has it ever been so in India. 161. The Acquisition of Certain Area at Ayodhya Act, 1993, is struck down as being unconstitutional. The writ petitions impugning the validity of the Act are allowed. The issues in the suits in the Allahabad High Court withdrawn for trial to this Court are answered accordingly. 162. The Presidential Reference is returned respectfully, unanswered. 163. There shall be no order as to costs.
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1994 (10) TMI 304
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... ... ..... ollector/L.A.O., under s. 11, then the Collector should enquire whether the application satisfy the requirements of Section 28A and whether the application had been properly made and within limitation. In case the finding/findings is/are in favour of the applicants, then he should redetermine the compensation on. the basis of the award under Section 26, and made the award under Section 28- A(2) and should follow the procedure prescribed in Part III. Therefore, the orders of the Collector and that of the High Court of Punjab & Haryana in revisions are set aside and the Collector shall follow the procedure indicated hereinbefore and decree as per the law and the judgment. Accordingly, the appeals are allowed. 50. All appeals in this judgment are disposed of accordingly and the parties are directed to bear their own costs. The SLP Nos. 17268/93, 21652/93, 17164/93 and 1670/94 have been delinked and the Registry is directed to list these matters, separately, but immediately.
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1994 (10) TMI 303
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... ... ..... omotion to the post of Commissioner of Income Tax, shall be considered on merit and necessary orders be passed within 3 months from the date of the receipt of the file from the UPSC.CA Nos. 784 and 2176 of 1988 and CA No. 6894 of 1994 (arising out of SLP (C) No. 7356 of 1988) 26.The Appointing Authority shall make a reference back to the UPSC indicating the reasons for making a departure from the panel recommended by the Commission and obtain their views before taking a final decision in the matter. In case after consultation with the UPSC in the manner indicated above, the name of the respondent is restored to its original position as recommended by the UPSC the case of the respondent for promotion to the post of Commissioner of Income Tax (Level 11), shall be considered on merit and necessary orders be passed within 3 months from the date of receipt of the file from the UPSC. 27.All the IAs and CMPs are disposed of accordingly. However, there shall be no order as to costs.
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1994 (10) TMI 302
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... ... ..... a local authority under Section 50(2), whatever has been said with regard to a local authority would apply to a company too. 10. The matters which stand finally concluded will, however, not be reopened. We, therefore allow the applications submitted by the Board for being impleaded as a respondent in the appeals filed by the land owners in this Court and direct that the Board be also impleaded as a respondent in the appeals filed by the land owners in the High Court. The judgment of the Allahabad High Court dated December 21, 1990 in First Appeals Nos. 584, 585 and 642 of 1985 and the judgment of the said High Court dated April 18,1991 in First Appeals Nos. 586, 587 and 641 of 1985 as well as the order dated January 20, 1993 on the review applications filed against the judgment dated April 18, 1991 are set aside and the said appeals are remitted to the High Court for decision in accordance with law. The appeals are disposed of accordingly. There will be no order as to costs.
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1994 (10) TMI 301
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... ... ..... . 447 of 1992, Special Leave Petitions (Civil) Nos. 11376, 12822, 13865, 14401 and 19250 of 1991, Special Leave Petitions (Civil) Nos. 2024, 8272 and 13586 of 1992, Special Leave Petition (Civil) No. 142 of 1993, Special Leave Petition (Civil) No. ... (CC 15210) of 1991, Writ Petitions (Civil) Nos. 383 and 1141 of 1989, Writ Petitions (Civil) Nos. 228 and 946 of 1990, Writ Petitions (Civil) Nos. 9, 843, 920 and 1134 of 1991, Writ Petitions (Civil) Nos. 53, 166, 492, 529, 576, 665, 695, 697, 698, 752 and 951 of 1992, Writ Petitions (Civil) Nos. 16, 54, 251, 257, 262, 306 and 358 of 1993, Special Leave Petition (Civil) No. 11069 of 1993, Writ Petition (Civil) No. 530 of 1991, Writ Petitions (Civil) Nos. 51, 832, 889 and 895 of 1993 and Writ Petitions (Civil) Nos. 436 and 238 of 1994. o p /o p 64.In view of our judgment in Civil Appeal No. 4265 of 1991, the above appeals, special leave petitions and writ petitions are also dismissed. There will be no order as to costs. o p /o p
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1994 (10) TMI 300
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... ... ..... bstance of the provisions of the Land Acquisition Act as contained in para 3 of the Notification issued by the Governor on 13th August, 1987. It is seen that the procedure prescribed in para 3 of the Notification is not in derogation of the mandatory compliance under Sections 18 to 20, and Civil Court does not get valid and legal jurisdiction to take cognizance of the objection for higher compensation unless the procedure prescribed in Sections 18, 19, 20 and 31 are complied with and adhered to. 10. The High Court and Civil Court committed a clear and manifest error of law in decreeing the suit. The impugned Judgments and decrees are set aside as being a nullity. However the Collector is directed to make a reference to the Civil Court as the application with the requisite particulars was filed in writing with the objections raised by the respondent on September 29,1988. The Civil Court shall dispose of the matter as expeditiously as possible. The appeal is allowed. No costs.
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1994 (10) TMI 299
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... ... ..... asses Control Order and the operation of the Amendment Act have not occupied the same field nor run into collision course. It is seen that the Amendment Act was made by the State Legislature exercising the power under Entry 33(a) of the concurrent list read with Entry 24 of State List as Molasses is a by product of a sugar industry covered by the Industries Development Regulation Act. The Amendment Act does not enter into the occupied field of the Molasses Control Order. There is no inconsistency in their operation and that therefore both the Amendment Act and the Molasses Control Order would harmoniously co-exist and operate in their respective fields. The State Legislature had thereby made the Amendment Act regulating the import, export, transport or possession of Molasses within the State of Rajasthan. Thus, we find that the Amendment Act is within the Legislature competence under Article 246(3) of the Constitution. The appeals are dismissed accordingly but without costs.
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1994 (10) TMI 298
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... ... ..... aforesaid A. S, Steel Corporation, Kanpur and for the reasons discussed above, I hold that the sales being covered by Form III-A were entitled to exemption. 22. Lastly there were certain sales to National Iron and Steel. Kanpur on 25th and 30th August, 1980 The Tribunal States that on enquiry the Sales Tax Officer, Kanpur intimated That the said firm had closed its business on 3-11-1979 and, therefore, the question of issuing form for assessment year (980-81 does not arise. The Tribunal, therefore, upheld the denial of exemption. For the reasons discussed above, the denial of exemption is unjustified and I hold that the sales being covered by Form III-A. The dealer-revisionist was entitled to exemption. 23. For the above reasons, the revisions for assessment years 1978-79 and 1980-8 arc allowed and the revision for assessment year 1979-80 is partly allowed and the Sales Tax Tribunal is directed to modify its order in accordance with the directions contained in this judgment.
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1994 (10) TMI 297
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... ... ..... averments in the SLP as well as in the petition filed before the executing court, the appellant had not made any claim in respect of the Khasra Sakni Nos. 13 and 14. Therefore, the question of going into the boundaries and the extent of the land covered by sale certificates which have become final cannot arise. As stated earlier, the only limited question is whether Khasra No. 179 is part of Khasra Sakni Nos. 13 and 14 and if not, whether in executing the decree the respondent is entitled to take possession of Khasra Survey No. 179. 12.In this view, it may be open to the respondent to make an application to the executing court to appoint a Commissioner for demarcating the respective properties and for submitting a report and plan in that behalf according to rules. The executing court is directed to dispose of this application within a period of six months from the date of the receipt of this order. 13.The appeal is accordingly allowed, but in the circumstances without costs.
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1994 (10) TMI 296
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... ... ..... ing the prosecution, without notice to the respondents and without affording any opportunity to the respondents to have their say, the case deserves to be remitted to the Chief Judicial Magistrate for deciding the application filed by the prosecution seeking condonation of delay, if any, afresh in accordance with law after hearing both the parties. It is after the decision of the application for condonation of delay that the Chief Judicial Magistrate shall proceed further in the matter. The finding of the High Court that the CJM could not take cognizance of the offence on the basis of ’incomplete’ police report, for the reasons already recorded, is, however, set aside. The Chief Judicial Magistrate shall proceed further in accordance with law after deciding the application seeking condonation of delay. Nothing said herein above, shall, however, be construed as any expression of opinion on the merits of the case. 10. The appeal succeeds in part in the above terms.
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1994 (10) TMI 295
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... ... ..... ndidates and temporary candidates who do not stand at part. The unregularised officers remained outside the cadre until 1977 and those officers should be placed below regular recruits through the 1970 examination. The same ratio applies to the facts in the case. The temporary appointees cannot be put on a higher pedestal over the PSC candidates who stood the test of merit and became successful and secured ranking according to the merit in the approved list of the candidates prepared by the PSC. In Piara Singh's case, this Court reiterated that the temporary candidates always be replaced giving way to the regular recruits through the prescribed agency and appointments of tie regularly selected can-didates cannot be withheld or kept in abeyance for the sake of temporary or ad hoc employees. Therefore we have no hesitation to hold that the appellants cannot claim seniority over the PSC candidates. The appeal are accordingly dis-missed but in the circumstances without costs.
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1994 (10) TMI 294
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... ... ..... o the turnover of the goods. If the enumeration contained in serial No. 30-D of the list of goods exempted from levy of Orissa sales tax is examined, it is difficult for us to accept the contention of the Revenue that sale or purchase of oil-cake is exempt only in certain specified circumstances. Oil-cake is essentially used as a cattle feed. What is exempted is sale of feed and fodder for cattle. The words husk, straw, hay, grass, oil-cake are merely enumerative and illustrative. In view of the findings arrived at by the Tribunal negativing the conclusion of the appellate authority, there cannot be any manner of doubt that the oil-cake under serial No. 30-D of the list of exempted goods is exempted generally, and consequently the sale or purchase thereof is not liable to levy of tax under the provisions of the Central Sales Tax Act. In the circumstances, we answer the question posed in favour of the assessee and against the department. Reference answered in the affirmative.
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1994 (10) TMI 293
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... ... ..... respect thereof. The Rajasthan Sales Tax Act provides an efficacious alternative remedy. The question as to whether any order was placed by the Bombay-firm on Delhi-firm is a disputed question of fact which cannot be adjudicated under article 226. The respondent shall provide the opportunity to the petitioner with reference to the documents on which the reliance is sought to be placed and the petitioner would have the full opportunity of submitting the evidence which they want to rely upon. The order under section 22A(7) has not yet been passed. The order has to be passed after taking into consideration the explanation of the petitioner as well and thereafter the petitioner has the efficacious alternative remedy by way of appeal under section 13 of the Rajasthan Sales Tax Act. 11.. In these circumstances, I do not consider that present one is a fit case for invoking extraordinary jurisdiction under article 226. The writ petition is accordingly dismissed. Petition dismissed.
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