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Showing 1 to 20 of 271 Records
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1994 (4) TMI 406 - DELHI HIGH COURT
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... ... ..... he matters which are pending before us and have no intention to unsettle the matters which already stand settled and decided long back, 8. In the light of what is discussed above, the appointment of the arbitrator, respondent No. 2 and the award (Annexure-21) passed by him are quashed and set aside and the Central Government is directed o appoint an arbitrator under S. 7B to adjudicate the abovementioned dispute in accordance with law. The respondent No. 1 is further directed not to recover the amount of any remaining disputed bill or disconnect the telephone connection for want of such payment till the matter is finally adjudicated upon by the arbitrator to be appointed by the Central Government. 9. The writ petition is accordingly disposed of. The petitioner shall be entitled to costs of Rs. 1,000/-. C.W. 3341/91 This matter is not connected with CW 1721/93 which is listed today for final disposal. Let this matter be processed further by the registry. 10. Order accordingly.
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1994 (4) TMI 405 - BOMBAY HIGH COURT
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... ... ..... resort to section 439(2), Cr. P.C. was held by the Court for cancellation of bail already granted. In view of this, there is no case of interference with the order of bail in exercise of the revisional jurisdiction under section 397(1) or section 439(2), Cr. P.C. As such, the impugned order dated 5-4-1994 in Criminal Revision No. 103/94 of the Additional Sessions Judge, Aurangabad deserves to be quashed and that of the Magistrate restored. 18. In the result, this Criminal Revision Application No. 94 of 1994 succeeds. The impugned order in Criminal Revision No. 103 of 1994 dated 5-4-1994 of the Additional Sessions Judge, Aurangabad stands quashed and set aside and the order dated 28-3-1994 of the 2nd Judicial Magistrate, First Class, Aurangabad granting bail to the accused on P.R. of ₹ 3,000/- with surety of the like amount and on condition to attend the Kranti Chowk police station daily between 5 to 6 p.m. is restored. Rule made absolute accordingly. Rule made absolute.
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1994 (4) TMI 404 - ALLAHABAD HIGH COURT
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... ... ..... pleadment as Defendant, he shall be given an opportunity to file objections against the interim injunction application and also the written statement against the plaint. The application for interim injunction would be considered afresh again after hearing the partier by the learned Civil Judge, to whom the case is transferred. 30. Till the final disposal of the injunction application, Sri Moti Lal Jain shall continue to function as the Manager of the Committee of Management of Sri Ratan Muni Jain Inter College, Laha Mandi, Agra and nobody shall be allowed to disturb his functioning as such. After any order passed under Order 39, Rules 1 and 2 Code of Civil Procedure effected party will have statutory remedy to file appeal/revision as provided under the Code of Civil Procedure. 31. It is made clear that no observation made in the body of the judgment shall bind the ioww courts while deciding the case finally and that shall remain confined to the decision of this writ petition.
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1994 (4) TMI 403 - SUPREME COURT
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... ... ..... e would like to impress upon the managements of the concerned institutions that while assessing the merit of a candidate for admission the objective should be to promote the excellence of the institution as a vehicle of general secular education. (iv) In so far as non-resident Indians and foreign students are concerned, the permissible limit would be only 5% of the total intake for a given year as per the direction contained in paragraph 6 of the order dated May 14, 1993 as modified by order dated August 18, 1993. The admission against these seats shall be made on the basis of merit but it would be open for the management of the institution to adjudge the merit of the candidates having regard to the relevant factors. 8. The matters be listed for hearing on July 20, 1994. Notice be issued to the Attorney General of India and the Advocates General for the States on the questions as reframed. Written submissions (in brief) should be submitted by learned Counsel by July 13, 1994.
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1994 (4) TMI 402 - ANDHRA PRADESH HIGH COURT
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... ... ..... supporting such a claim on all its intent and purpose. This Court fully supports the same. There is no reason to interfere with the judgment and decree of the trial Court to any extent and they deserve to be confirmed. 21. At some stage of the arguments, it was seriously considered whether the defendants can be relieved of their liability to pay the costs, to the plaintiff either in the trial Court or in this Court or in both the Courts. This Court after a careful consideration of the same is not persuaded to depart from the rule that the costs follow the event. 22. With all the expressions stated above either accepting or rejecting the rival contentions of both sides, this Court expresses its total satisfaction of the assistance of the learned Advocates - Sri M. Ramachandra Rao, on behalf of the appellants and Sri C.P. Sarathy, on be half of the respondent, in disposing of the matter fully and effectively. 23. In the result, the appeal fails and it is dismissed with costs.
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1994 (4) TMI 401 - KERALA HIGH COURT
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... ... ..... amount of subsidy are therefore illegal and unsustainable. The writ petitions have to be allowed. I do so. I quash Ext. P4 in O.P Nos. 14991, 15020 and 15021 of 1992, Ext. P3 in O.P Nos. 6743 and 6744 of 1993, Exts. P1 to P3 in O.P No. 16931 of 1992 and Exts. P1, P4 and P7 in O.P No. 3430 of 1994 to the extent tax is levied on the amount of subsidy. The assessments in O.P Nos. 16931 of 1992 and 3430 of 1994 have been taken up in appeal under S. 34 of the KGST Act. Since I have dealt with the question in common with the other writ petitions, I do not think it necessary to relegate the parties to the appellate remedy inasmuch as I have held that the amount of subsidy is not part of the taxable turnover of the petitioners. The only other direction required in these two cases is to the Appellate Assistant commissioners concerned to dispose of the appeals dealing with any other points that are raised therein in accordance with law. There will be no order as to costs. 12. Allowed.
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1994 (4) TMI 400 - SUPREME COURT
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... ... ..... but only assist the court in view of what we have expressed above. o p /o p 17. At the same time, we are constrained to observe that the conduct of the appellant necessitating issue of non-bailable warrant is not in keeping with the responsibility of the office he holds. Greater respect should have been shown to court and if he was aggrieved by the order, he should have taken prompt steps to invoke the appellate procedures. The appellant could not ignore the order and plead the difficulties of implementation at the time contempt proceedings are initiated. It will be proper for the appellant to tender an unconditional apology before the High Court for these lapses. o p /o p 18. We would request the main writ petition be disposed of on merits since the vital question as to the eligibility of the respondent to be promoted as Associated professor has to be decided first. Accordingly, the Civil appeals are allowed as indicated above. There shall be no order as to costs. o p /o p
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1994 (4) TMI 399 - SC ORDER
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... ... ..... ed as a result of the final decision after remand, to raise the points which they have now done while challenging, if need be the final decision made after remand. For this reason, we do not consider it necessary at this stage to go into the merits of the point raised in this S.L.P. The S.L.P. is dismissed for this reason alone leaving the questions open to be raised for decision, if necessary at a later stage.
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1994 (4) TMI 398 - MADRAS HIGH COURT
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... ... ..... b) of section 142 reads as follows "142. Cognizance of offences. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - ....... (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138." 5. A reading of clause (c) of the proviso to section 138 and clause (b) of section 142 would show that the cause of action for a complaint for an offence under section 138 of the Act arises only after the expiry of fifteen days from the date of the statutory notice. In the instant case, the complaint having been filed by the complainant before the expiry of the said fifteen days, it is apparent that it was filed before the cause of action had arisen. Hence, it is infirm and liable to be quashed. 6. In the result, the petition is allowed and all further proceedings in C.C. No. 15 of 1993 on the file of the Chief Judicial Magistrate, Krishnagiri, shall stand quashed.
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1994 (4) TMI 397 - SUPREME COURT
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... ... ..... ly arrangement is an agreement between members of the same family, intended to be generally and reasonably for the benefit of the family either by compromising doubtful or disputed rights or by preserving the family property or the peace and security of the family by avoiding litigation or by saving its honour. Family arrangements are governed by principles which are not applicable to dealings between the strangers. The court when deciding the rights of partners under family arrangements, consider what is the broadest view of the matter, having regard to considerations which, in dealing with transactions between persons not members of the same family, would not be taken into account. If the terms of the family arrangement made under the document as a mere memorandum, itself does not create or extinguish any right in immovable property and, therefore, does not fall within the mischief of Section 17(1)(b) of the Registration Act and is, therefore, not compulsorily registrable.
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1994 (4) TMI 396 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... amounts under heads (iii) and (iv). 11. In view of the above discussion and the controversies involved, I am of the opinion that the amount claimed by the petitioner is bona fide disputed and the present petition for the winding up of the Company is misconceived. Winding up proceedings are not intended to be used as a normal alternative to the ordinary mode of debt realisation. The petition is, therefore, dismissed with costs which are assessed at ₹ 5,000/-. 12. Before parting with the judgment, it may be observed that the petitioner has already filed a civil suit for recovery of the amount claimed by it. It is made clear that whatever has been stated hereinabove is only for the purposes of disposing of the present petition and the Court trying the suit of the petitioner will not be influenced by any observation made by me in this order and that the suit would be decided on merits on the basis of evidence that may be led by the parties before it. 13. Petition allowed.
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1994 (4) TMI 395 - BOMBAY HIGH COURT
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... ... ..... ines Ltd. vs. Union of India (1985) 44 CTR (SC) 328 (1985) 152 ITR 308(SC), question No. 1 is answered in the negative and in favour of the Revenue. 3. It is an accepted position that in view of the decision of this Court in the case of CIT vs. Seksaria Biswas Sugar Factory (1991) 96 CTR (Bom) 36 (1992) 195 ITR 778(Bom), question No. 2 must be answered in the affirmative and in favour of the assessee. It is answered accordingly. 4. It is an accepted position that in view of the decision of this Court in the case of Lubrizol India Ltd. vs. CIT (1991) 93 CTR (Bom) 237 (1991) 187 ITR 25(Bom), question No. 3 must be answered in the affirmative and in favour of the Revenue. It is answered accordingly. 5. The learned counsel for the assessee has submitted that this question is now academic and need not be answered. We accordingly decline to answer question No. 4 which is referred at the instance of the assessee. 6. The reference is disposed of accordingly. 7. No order as to costs.
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1994 (4) TMI 394 - SUPREME COURT
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... ... ..... made, the State Government will examine the matter and make a speaking order whether in its opinion the schemes of the lotteries are such as to render the lotteries 'organised' by the States concerned or merely lotteries authorised by the States. In doing so the State of Bihar shall take into account and apply the criteria indicated in our order made today in Tamil Nadu matter. 18. Shri Verma, learned Senior Counsel for the State says that the matte will be examined by the Secretary, Finance Department, Government of Bihar. That authority shall dispose of the representation within 4 weeks from the dates they are made. 19. The stay granted of the operation of the judgment under appeal shall, however, operate from 12-5-1994 onwards so that any arrangement made in the meanwhile should not be dislocated. No tickets for any draws to be made after 11-5- 1994 shall be sold from 12-5-1994 onwards, except to the extent permitted by the specific order of the Finance Secretary.
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1994 (4) TMI 393 - SUPREME COURT
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... ... ..... does. The fact is that on the whole judges do lay aside private views in discharging their judicial functions. This is achieved through training, professional habits, self-discipline and that fortunate alchemy by which men are loyal to the obligation with which they are entrusted. " (emphasis supplied) 7. Should the Judge take cognizance of the newspaper report and the reasons which prompted the advocates to seek transfer of the then Chief Justice? The learned Judge should not have let out his bile against the advocates who are free to hold any opinion as to the lapses committed by the then Chief Justice. Holding of such opinions can hardly be characterised as an unruly attitude on the part of the advocates. Such holding of opinions, nor again, would either obstruct or disturb the judiciary. If the learned Judge had the slightest compunction he should have rescued himself. 8. Therefore, we set aside the same and direct the appeal be restored to file and heard on merits.
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1994 (4) TMI 392 - KARNATAKA HIGH COURT
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... ... ..... is application is resisted by the first respondent who in his objections questioned the maintainability of the application as there is no provision in the Code for intervening in the Appeal by the third parties. (c) I am inclined to agree with the contentions raised by the first respondent as the State is not a necessary party because no relief is sought against the State Government. This is purely a matter between the appellant and the first respondent who wanted to establish their rights under different laws holding the field. A final determination on that subject will substantially decide for the State Government to take appropriate steps if it affects the interest of the State. Therefore, the impleading application I.A.No. II is rejected. 38. In the result, this Appeal is allowed. The order dated 2-3-1994 passed on I.A.No. I in O.S.No. 7087 of 1993 by the XVII Additional City Civil Judge, Bangalore (CCH No. 19) is hereby set aside. The parties shall bear their own costs.
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1994 (4) TMI 391 - COLLECTOR OF CUSTOMS (APPEALS)
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... ... ..... le. Even otherwise even for a procedural lapse, specially where the goods is covered by the principle of substantial compliances, statutory right cannot be taken away on account of non-observance of procedure. The principle of substantial compliance is accepted principle. The appellant goods were covered by main part of Serial No. 2704. DEEC was not granted, note to Sr. No. 2704 is not applicable to the facts of the case. Appellant had filed drawback shipping bill. It was not a case of white shipping to green drawback shipping bill. In fact Rule 15 of Drawback Rules not attracted to the facts of the case. Appellant had complied with the Rule. Description was as per contract. Goods on test were as per description. No relaxation was required. Appellant never applied for relaxation. There is no letter to that extent stating Application. Collector of his own write to the CBE & C for relaxation. In view of above, the appeal is allowed, drawback at the rate of 6 is admissible.
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1994 (4) TMI 390 - SUPREME COURT
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... ... ..... hat power to award compensation is not ancillary to other sentences but it is in addition thereto. To the same effect are the decisions of this Court in Sarwan Singh v. State of Punjab3 and Hari Singh v. Sukhbir Singh4. In the instant case the records show that the appellant Balraj has property and also some means. 12. For the reasons stated above, we confirm the conviction of the appellant under Section 302 IPC but reduce the sentence of death to imprisonment for life. We further direct that the appellant Balraj shall pay ₹ 10,000 by way of compensation to PW 2 Smt Laxmi Devi and if the appellant fails to pay this amount within three months from today, the same may be collected as provided under Section 431 CrPC and be paid to PW 2. The conviction and sentence of seven years' RI under Section 307 IPC are, however, confirmed. The sentences shall run concurrently. The order of the High Court is modified to the extent indicated above and the appeal is partly allowed.
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1994 (4) TMI 389 - CALCUTTA HIGH COURT
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... ... ..... end of any year can also be valued at the average cost, the principle which the assessee-company has now adopted as a changed method of valuation in the previous year relevant to the assessment year under appeal. This is one of the recognised methods. It is also found that this method is being consistently followed by the assessee-company year- after-year. There appears to be no mala fide in changing the method of stock valuation from one recognised method to another recognised method so long as the new method is also being consistently followed year-after-year. In this view of the matter, we find no justification to interfere with the order of the Tribunal. We, therefore, answer the third question in the negative by saying that the order of the Tribunal upholding the change in the method of valuation of closing stock was not perverse. We also answer the fourth question in the affirmative and in favour of the assessee. 4. There will be no order as to costs. Sen, J.-I agree.
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1994 (4) TMI 388 - SC ORDER
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... ... ..... JJ. ORDER Appeal dismissed.
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1994 (4) TMI 387 - SUPREME COURT
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... ... ..... Hearing of an interested party is a condition precedent for passing of an order under Section 42 of the Act. When once it is not in dispute that the appellants who are the tenants in the disputed land by virtue of a lease granted by the Panchayat by way of auction, then they have acquired some rights which also should be protected. 17. In the result the impugned orders passed by the Director and also the impugned judgments of the High Court are set aside and the matters are remanded to the Director for being disposed of afresh after hearing the appellants as well as the other necessary parties. Before passing appropriate orders the Director shall consider whether any or all of the appellants are still in possession of the land as tenants and if so how their rights can be protected even if the title to the land is to be decided in favour of the respondents shareholders. Accordingly all the above said appeals are allowed as indicated above. There will be no order as to costs.
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