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1996 (9) TMI 664
... ... ... ... ..... other area of controversy now sought to be raised is the failure to hand over the R.C. books in relation to seven vehicles. It is stated in the affidavit and records have been placed before us, to show the circumstances in which the R.C. books could not be handed over in relation to five vehicles. It is stated that with regard to the sixth vehicle, it has been complied with now. As regards the seventh vehicle, it is stated across the bar and also in the affidavit that the vehicle was sold as a scrap; as a consequence, R.C........ + More
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1996 (9) TMI 663
... ... ... ... ..... he scale of pay which they were drawing on the date of the take over and directed their absorption in the posts of Ayurvedic Chikitsa Adhikaris etc. Thus, these appeals by special leave. 4. It is seen that since the appellant had not fulfilled the requisite qualifications either when they were initially appointed by the committee before take over nor when statutory rules were made by the Governor so as to enable for absorption. Instead of retrenching them from service due to nor-fulfillment of the requisite qualifications,....... + More
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1996 (9) TMI 662
... ... ... ... ..... second half of 1989-90 has to be set aside. 25. Now turning to the submission of the learned counsel for the petitioner, that the petitioner should be given an opportunity to make representation in this regard to the respondent/Corporation and the Government to exempt them from the payment of property tax in respect of the properties which are the subject matters in these writ petitions for exemption as per Section 167 of the Act, it will be open to the petitioner to make such a representation. 26. Hence, for the reasons s....... + More
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1996 (9) TMI 661
... ... ... ... ..... ders being time barred not having been pressed at the time of hearing of the appeals before us no longer survives for our consideration. The findings recorded by the Tribunal in the judgment dated January 16, 1991, are purely findings of fact and do not give rise to any question of law arising out of the order passed by the Tribunal. The Tribunal was, therefore, justified in not referring the proposed questions mentioned in the application for the opinion of this court as none of the proposed questions set out in the appli....... + More
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1996 (9) TMI 660
... ... ... ... ..... justification in the view taken by the High Court; the substratum of the result is that the appellants have not conducted any enquiry though the respondent had been avoiding to give the reply. Since the respondent had avoided to submit the reply, he has forgone his right to submit his reply. Nonetheless, the appellants are not absolved of the duty to hold an ex-parte enquiry to find out whether or not the charge has been proved. In the event of the Enquiry Officer find that the charge is proved, he would submit his report ....... + More
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1996 (9) TMI 659
... ... ... ... ..... nment and local authorities for their requirement, in other words for their own use it should be treated as wholesale. Admittedly it was sold to bank-cum-banking industries and definition includes whole sale trade means sale to industrial consumers. We do not find any substance in the argument advanced on behalf of the assessee. Accordingly we do not find any infirmity in the impugned order on this issue. 7. As regards appeal filed by the Department it was urged on behalf of the Revenue that Collector (Appeals) erred in al....... + More
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1996 (9) TMI 658
... ... ... ... ..... are not a party. The dispute is between the contractor and the principal employer. We are, therefore, not called upon to pronounce on the rights of the contract labour employed by the 4th respondent to recover these amounts. The appellant, however, who is the principal employer, is not liable to pay this additional amount under Section 21(4). The appellant would, however, be liable under Section 21(4) to pay to the workers any difference between the wages contracted for under its agreement with the 4th respondent-contracto....... + More
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1996 (9) TMI 657
... ... ... ... ..... t dealing that case and in my view registration of the other case will have no effect upon decision of this bail application. (9) For the foregoing reasons and without, Therefore, in any manner commenting upon the merits of the case and in the facts and circumstances of this case and keeping in view the fact that the petitioner is a lady and is already in custody for about one month, I admit the petitioner to bail on her furnishing a personal bond in the sum of ₹ 1,00,000.00 (Rupees One lakh only) with one surety in ....... + More
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1996 (9) TMI 656
... ... ... ... ..... xercise a power parallel to the power of the District Court or the High Court which have been vested in the District Court and the High Court by the provisions of the Divorce Act. Section 18 provides that any husband or wife may present a petition to the District Court or to the High Court praying that his or her marriage may be declared null and void. In that event, it excludes the jurisdiction and authority of any other Tribunal or Court including Ecclesiastical Tribunal (Church Court). 6. As the District Judge had dispo....... + More
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1996 (9) TMI 655
... ... ... ... ..... ss of courts or otherwise to secure the ends of justice. That power cannot be exercised when there is a remedy already available. For doubtful or trivial matters also inherent power cannot be invoked. 14. The learned magistrate while passing the order dated December 16, 1993, dismissing the complaint in default and acquitting the respondent of the offence under Section 138 of the Negotiable Instruments Act, 1881, had not acted illegally in any manner. The said order on the face of it is legal and falls within the ambit of ....... + More
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1996 (9) TMI 654
... ... ... ... ..... ly constituted selection committee makes recommendation for appointment of the selected candidates the candidates do not get any vested right or legitimate expectation until they are appointed according to the Rules; they have a chance to be appointed as have been selected by the recruitment agency. In that case, the Government had cancelled the select list without any reasons. This Court has laid the above rule in that backdrop. The ratio therein has no application for the reason that after the perusal of the report submi....... + More
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1996 (9) TMI 653
... ... ... ... ..... l Court to entertain the suit based on title. 7. It is settled law that mutation entries are only to enable the state to collect revenues from the persons in possession and enjoyment of the property and that the right, title and interest as to the property should be established de hors the entries. Entries are only one of the modes of proof of the enjoyment of the property. Mutation entries do not create any title or interest therein. Therefore, the view taken by the learned single Judge, with due respect, is not correct i....... + More
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1996 (9) TMI 652
... ... ... ... ..... he Police Officer, though not its admissibility. We next find from the record that the arms and ammunitions allegedly recovered from the appellant and seized were not packeted and sealed. In Amarjit Singh Vs. State of Punjab 1995 Supp. (3) SCC 217 this Court has observed that non-sealing of the revolver at the spot is a serious infirmity because the possibility of tampering with the weapon cannot be ruled out. From the record we further find that there is no evidence to indicate with whom the revolver was after its seizure....... + More
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1996 (9) TMI 651
... ... ... ... ..... l statement of the appellant, it is not possible to sustain the impugned order. 7. It is also seen from the impugned order that the investigation against the appellant was initiated on the basis of information received from Delhi Zonal office. However, the learned Adjudicating Officer has not referred to any material on which the said information was based so as to arrive at the finding whether the information was reliable and adequate to initiate investigation. In the course of investigation also, the Department has not g....... + More
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1996 (9) TMI 650
... ... ... ... ..... cal purposes, they remain components, assemblies or sub-assemblies. (2) The benefit of notification No. 29/83 is, therefore, required to be extended to M/s. Maruti Udyog. (3) The benefit of notification No. 72/93 cannot remain confined to 20 items in the Table annexed and therefore, M/s. Sipani Automobiles are entitled to its benefit as observed by the Vice-President. (4) Further, Public Notice No. 32-PN/92-97 specifically allows import of accessories, components and spares of consumer durables imported by actual users for....... + More
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1996 (9) TMI 649
... ... ... ... ..... the City Civil Court on various dates but the respondent No. 1 at no stage objected to their appearance on her behalf either before or after the setting aside ex-parte decree. On a close scrutiny of the evidence and the material on record it can hardly be said that the respondent No. 1 has been able to prove the allegations beyond all reasonable doubt. The evidence of the complainant herself is very shaky and unacceptable. It is unfortunate that all these aspects of the matter have not been properly appreciated by the Disc....... + More
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1996 (9) TMI 648
... ... ... ... ..... a fresh direction by the learned Single Judge cannot be given to redraw the seniority list. In other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. It would not be permissible under Section 12 of the Act. Therefore, the Division Bench has exercised the power under Section 18 of the Rajasthan High Court Ordinance being a judgment or order of the Single Judge; the Division Bench corrected the mistake committed by the learned Single Judge. Therefore, it m....... + More
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1996 (9) TMI 647
... ... ... ... ..... e seized sample was kept in official excise Malkhana. The onus, as held in the case of Laxmidhar (supra), is on the prosecution and it has to satisfy by leading acceptable evidence. The same has not been done in the present case and there being no evidence, the irresistible conclusion is that the seized articles were not kept in safe custody. Thus it is not ascertainable that what was seized only was sent to the Chemical Examiner. As a vital and decisive link is missing, it is difficult to hold that the article seized from....... + More
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1996 (9) TMI 646
... ... ... ... ..... ti Lal Bhuriya, who at that time was Minister for Tribal Welfare in the Madhya Pradesh Government, a gas agency to the son-in-law of Mr. G. Ganga Reddy, Member of Parliament and various others. 30. Since the two writ petitions, mentioned above, are pending before the High Court wherein the allotments made to all the persons mentioned above and others, have been challenged, it is not necessary for us to transfer the writ petitions to this Court. We vacate the stay order granted by this Court and dispose of the transfer peti....... + More
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1996 (9) TMI 645
... ... ... ... ..... gether with the tabular statement indicating/outstanding GRIs mentioned in the Annexure to the SCN and indicating there against the related permissions and the amounts outstanding as well as amounts written off. If any of the outstanding GRIs mentioned in the said Annexure is not covered by any write off permission, the appellant shall file extension of time permission, if any, or the evidence that in such extension of time application is under actual consideration of the RBI. If the extension of time has been refused by t....... + More
