-
1995 (3) TMI 503
... ... ... ... ..... proof. Neither the marking of an exhibit number can be postponed till the document has been held proved; nor the document can be held to have been proved merely because it has been marked as an exhibit. (16) This makes the position of law clear. Any practice contrary to the above said statement of law has no sanctity and cannot be permitted to prevail. (17) Every Court is free to regulate its own affairs within the framework of law. Chapter Xiii Rule 3 above said contemplates documents admitted in evidence being numbered i....... + More
-
1995 (3) TMI 502
... ... ... ... ..... 8(2), attracting residuary Article 182 of the old Limitation Act. Contrary views of the High Courts, are not good law. A Division Bench of the Andhra Pradesh High Court in Smt. Kotipalli Mahalakshmamma v. K. Ganeswara Rao, AIR 1960 AP 54, correctly decided the question of law which held that the limitation begins to run only after a final decree is engrossed on stamped papers. 13. Accordingly, the appeals arc allowed. The judgments and orders of the High Court arc set aside and that of the trial court stands confirmed. The....... + More
-
1995 (3) TMI 501
... ... ... ... ..... s respect shall be taken after hearing Mr. Mehta and other learned Counsel for the parties. 3. Mr. Mehta has also placed on record the interim site visit report dated October 18, 1994 of the committee constituted by the Ministry of Environment and Forest, Government of India for inspection of violations of norms and guidelines prescribed for developmental activities for beach/resorts/ hotels etc. in the Coastal Regulation Zone of the State of Goa. We have examined the report and we find that the committee has done a useful....... + More
-
1995 (3) TMI 500
... ... ... ... ..... cumstances, we find it difficult to place implicit reliance on the evidence of PW-1 to hold that the accused obtained illegal gratification in the manner spoken to by him and that at his instance PW-1 placed the money in the drawer of the table. By preponderance of probabilities, the accused has sufficiently shown that the plea put forward by him, namely, that in his absence somebody else might have put the tainted money in his drawer, is plausible. Further, we are at a loss to understand as to why the Dr. S.P. asked the a....... + More
-
1995 (3) TMI 499
... ... ... ... ..... is liable to sale for realisation of his decree debt? In that context the relevancy or validity of the gift is immaterial. It was admitted therein that they had executed possessory mortgage in favour of Ibrahim, plaintiff therein. On that basis, the only question would have been whether he would be entitled to resist the execution of the decree obtained against Maqdoom by the 6th defendant therein? The oral gift or sale of 4 acres under Ex.D-3 was not the subject-matter of OS No. 3/1/1951. The High Court, therefore, commit....... + More
-
1995 (3) TMI 498
... ... ... ... ..... a half year, the said period in our vie is sufficient for the Central Government to exhaust the select-panel of the type with which we are concerned in this case. We have already indicated the time-bound pro- cedure to be followed in dealing with the select-panel of this type. 14. Sri Murgod who was at No. 1 of the select-panel did not accept the appointment. Sri S.P. Singh Chaudhary has already withdrawn his appeal and he is out of run. We arc not sure about the stand of the person who is at No.3 of the select-panel. Unde....... + More
-
1995 (3) TMI 497
... ... ... ... ..... ₹ 300/- per marla in execution with interest. So the appellants are liable to restitute the excess amount realised in execution of the decree of the reference court or appeal under Section 54 with interest. Granting of interest or damage or compensation is consequential to the variation, reversal or setting aside of the enhanced compensation under Section 23(1) and computation of statutory interest under Section 28 on enhanced compensation and interest on solatium if paid as per the decree or order of the Court. The ....... + More
-
1995 (3) TMI 496
... ... ... ... ..... ecessary to deal with them. They all refer to rules of estoppel and question of good faith under Section 27 of the Sale of Goods Act. They may have relevance when the suit may come up for final hearing but they do not lay down any principles of use for deciding the question of rejection of plaint. (29) The learned counsel for the plaintiff has cited Full Bench decision in Raghunandan Rai vs R. Pandey, Air 1921 All 353 and a Division Bench decision in Dinanath Rai vs Rama Rai, AIR1926Pat512 holding that the tender of mortga....... + More
-
1995 (3) TMI 495
... ... ... ... ..... rue that they are left with virtually notime to approach the appeal Court but more importantly because appellants in the event of the appeal Court taking a view contrary to the one which this Court has taken, the respondent No. 1 company should in that event not be subjected to the lengthy and expensive exercise of reconvening the meeting. It shall therefore be permissible for them to adjourn the meeting for such period of time as they consider reasonable to approach the appeal Court. If the appeal Court grants permission ....... + More
-
1995 (3) TMI 494
... ... ... ... ..... istrar of the Company was in patent error in referring the Appellant to the civil court in the facts and circumstances of the present case. He should have himself held an enquiry into the matter Under Section 84(4) of the Companies Act read with the Companies (Issue of Share Certificates) Rules, 1960 and taken a decision himself in the matter 4. We, therefore, set aside the impugned order of the civil court and consequent order of the High Court and remand the case back to the Registrar, Respondent 2 to decide the matter i....... + More
-
1995 (3) TMI 493
... ... ... ... ..... haban Sahu vs. The King). In the case in hand, Do doubt the prosecution witnesses claiming to have seen the occurrence have named all the appellants and the approver has even named those acquitted by the High Court., but in our view it would be safe only to convict those who are stated to have taken active part and about whose. identity there can be no reasonable doubt 48.For the foregoing discussion the impugned convictions and sentences against the three appellants must be upheld. Incidentally we may also mention that th....... + More
-
1995 (3) TMI 492
... ... ... ... ..... ise we see no prejudice has been caused to the accused since the graveman of the charges under the relevant provisions of both the Acts in respect of these offences are the same in substance and at any rate the appellant cannot raise such a contention for the first time in this Court when in fact no prejudice has been caused to him. 10. Now coining to the question of sentence, the offence took place in the year 1981. All these years the appellant has undergone the agony of criminal proceedings uptil now and he has also los....... + More
-
1995 (3) TMI 491
... ... ... ... ..... ssion made at the Bar and in view of catena of cases decided by the Apex Court on the question referred to us, we are of the opinion that the answer to the question referred by the learned Single Judge is in negative and we are further of the view that the ratio laid down by the Full Bench of this Court in Smt. Indu 's case (supra) and the Division Bench in Rajasthan Pul Nigam 's case (supra) does not lay down correct law and we specifically overrule the aforesaid decisions. We are of the opinion that for violation....... + More
-
1995 (3) TMI 490
... ... ... ... ..... sugarcane into the premises of the factory is not valid. The notifications impugned in that case imposed cess on entry of sugarcane during a crushing season in the area comprised within such of the factories in which the total quantity of cane entering for consumption, use or sale to the factory during such reason exceeded 10 lack munds See also Diamond Sugar Mills Ltd. v. State of M. P., AIR 1961 SC 652 and Shakti Kumar's case (1995) 96 STC 659. In the present case, no entry tax has been levied on entry of goods into ....... + More
-
1995 (3) TMI 489
... ... ... ... ..... uiring that the matter be referred for determination to the court and the provisions of Sections 18 to 28 have been made applicable to such reference. This would show that after an application has been submitted under Section 28-A(l) for re-determination of the amount-of compensation the process of such re-determination results in making of an award by the Collector and a person not accepting the said award can move the Collector to refer the matter to the Court for determination and such reference is governed by Sections ....... + More
-
1995 (3) TMI 488
... ... ... ... ..... accused and we see no reason to come to a different conclusion. In this view of the matter it is not necessary to go into the question whether the statement made by A-2 which is in the nature of a confession by a co-accused be used against A- 1. 19. Coming to the sentence we find that there are good grounds to reduce the same. The offence itself is said to have been committed in the year 1987 and both the appellants have lost their jobs and have undergone the agony of facing the criminal proceedings all these years. We fin....... + More
-
1995 (3) TMI 487
... ... ... ... ..... s of section 234B(2) safeguard the interest of all assessees including applicants before the Settlement Commission. If at the stage of making an application under section 245C(1), the applicant makes a full and true disclosure of his total income, the interest liability which would attach itself to him will substantially come down as the taxes paid in pursuance of the application would also qualify as the taxes paid 'otherwise' referred to in section 234B(2). No special lenience may need to be shown to an applicant....... + More
-
1995 (3) TMI 486
... ...
... ... ..... a, JJ. ORDER Appeal dismissed.
-
1995 (3) TMI 485
... ... ... ... ..... that it was a mistake and proceed to invoke the Arbitration clause. If this is permitted the sanctity of contract, the settlement also being a contract, would be wholly lost and it would be open to one party to take the benefit under the settlement and then to question the same on the ground of mistake without having the settlement set aside. In the circumstances, we think that in the instant case since the dispute or difference was finally settled and payments were made as per the settlement, it was not open to the respon....... + More
-
1995 (3) TMI 484
... ...
... ... ..... , JJ. ORDER Appeal dismissed.
