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1997 (10) TMI 420
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... ... ..... extent of operations of the subsidiary banks. In these circumstances, if the State Bank of India has offered increments to persons joining the State Bank of India, the same cannot be given to the officers joining the subsidiary banks. 20. All the grievances center around these benefits. We do not think that the State Bank of India and the subsidiary banks are in a comparable position in this regard. It is also submitted by learned counsel for the State Bank of India that the benefits which are extended to the employees of the subsidiary banks are negotiated settlements with the unions of their employees. The benefits which are conferred are in accordance with the agreements which have been reached between the unions of the employees and the management of each bank. In these circumstances, we fail to see how the principle of equal pay for equal work can be applied in the present set of facts. 21. The writ petitions are, therefore, dismissed. There will be no order as to costs.
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1997 (10) TMI 419
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... ... ..... of the Court in a matter of contract, will depend on the situs of the contract and the cause of action arising through connecting factors will not apply to the facts of the present case inasmuch as that was a case founded on a concluded contract between the parties whereas in the present case no contract has been entered into between the petitioner on one hand and the Railway Administration on the other. The petitioner, on the other hand, is seeking a direction calling upon Railway Administration to award contracts in question in his favour after quashing the contracts in favour of Opposite Party. No. 3. As such, the observations made in para 12 of the Report AIR 1989 SC 1239 are unavailing to the petitioner. 9. In the conspectus of what we have discussed above, we converge to the conclusion that this Court lacks jurisdiction to entertain the writ petition and the same is accordingly dismissed. Needless to say, the petitioner shall be at liberty to seek his remedy elsewhere.
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1997 (10) TMI 418
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... ... ..... ing decisions and opinions, we think it necessary that all future petitions for anticipatory bail made by any one in common or related matters referring to such activities committed within the territorial limits of Guwahati High Court shall be heard only by the same Division Bench. We further direct that no such application for anticipatory bail shall be entertained by any Court other than the Division Bench of the High Court of Guwahati indicated above. 7. Status quo as on today will be maintained by the Appellants vis-a-vis the Respondents herein till 7-11-1997 which is necessary to enable the Division Bench of the High Court of Guwahati to pass appropriate orders on the applications filed by the Respondents. 8. We direct the Registry to take immediate steps to ensure that the applications filed by the Respondents for anticipatory bail in Bombay High Court are despatched to Guwahati High Court so as to reach there on or before 3-11-1997. 9. The appeals are thus disposed of.
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1997 (10) TMI 417
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... ... ..... ns and opinions, we think it necessary that all future petitions for anticipatory bail made by any one in common or related matters referring to such activities committed within the territorial limits of the Guwahati High Court shall be heard only by the same Division Bench. We further direct that no such application for anticipatory bail shall be entertained by any court other than the Division Bench of the High Court of Guwahati indicated above. 12. Status quo as on today will be maintained by the appellants vis-a-vis the respondents herein till 7-11-1997 which is necessary to enable the Division Bench of the High Court of Guwahati to pass appropriate orders on the applications filed by the respondents. 13. We direct the Registry to take immediate steps to ensure that the applications filed by the respondents for anticipatory bail in Bombay High Court are despatched to the Guwahati High Court so as to reach there on or before 3-11-1997. 14. The appeals are thus disposed of.
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1997 (10) TMI 416
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... ... ..... ate order on the application that may be filed before him by the legal heirs of the deceased complainant. In view of the fact that the complaint is lodged in the year 1994, the learned Magistrate should give priority to this case and dispose of the same as early as possible. 19. The learned advocate for the respondent urged before me that operation of this order passed by this court today should be stayed as the respondent intends to approach the higher forum. In my opinion, in view of the nature of the proceedings and the fact that the criminal case filed in the year 1994, has not gone beyond the stage of issuance of process and in view of the clear provision of law, it is not at all necessary to stay the operation of the order passed by this court. I have also to state that the order passed by this court is by exercising revisional jurisdiction and there is no necessity to stay the operation of such order. 1, therefore, reject his prayer to stay the operation of this order.
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1997 (10) TMI 415
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... ... ..... cy. This, in my view, does not amount in law into an offence under section amount in law into an offence under section 409 as the ingredients of section 409 are not attracted. For attracting the provisions of Section 409 one has to allege that the breach of trust is committed by public servant or by banker, merchant or agent, broker or attorney. Reading the accused occupy any of these positions. In absence of these particulars in the complaint, in my view, the complainant has prima facie failed to make out the case against the petitioners, Similarly, it is clear from reading the complaint and other material on record that the complainant has failed to make out any case under section 120B or 409 of IPC." We are in agreement with the view expressed above by the High Court. This one aspect is sufficient to quash the proceeding and we need not deal with the other points on which arguments were advanced before us. In the result, the appeals fail and are accordingly dismissed.
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1997 (10) TMI 414
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... ... ..... alai cannot be convicted thereunder and it must be held that the prosecution failed to establish the charge beyond reasonable doubt and they are accordingly acquitted from the said charge. But the case against accused Devendran must be held to be proved beyond reasonable doubt and, therefore, he is convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for three years. The sentences against accused Devendran are directed to run concurrently. 35. These appeals are disposed of accordingly. 36. Before we part with this case we must keep on record our appreciation for the invaluable services rendered by Shri Muralidhar, learned Counsel who appeared for the appellants as amicus curiae and by his sincere and hard work put forth all possible arguments for a correct interpretation of the provisions of Sections 306 and 307 of the CrPC. The analysis made by him on the question of law as well as the evidence on record became an asset for delivering this judgment.
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1997 (10) TMI 413
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... ... ..... tion with regard to rate of interest, in the absence of anything specified in the instrument with regard to rate of interest and in the absence of any specific agreement, the interest has to be calculated only at the rate of 6 per cent. per annum from the date at which the amount ought to have been paid by the defendant. Accordingly, I confirm the finding of the trial court with regard to the amount payable by the defendant in favour of the plaintiff. However, the interest rate mentioned in all the decrees is modified as 6 per cent. for the said amount from the date when the suit cheques were returned by the banker till the date of realisation. 54. As a result, Appeal Suits Nos. 308 of 1982, 434 of 1982, 637 of 1981, 639 of 1981, 640 of 1981 and Transferred Appeal No. 888 of 1982 are allowed in part, the decree with regard to interest alone is modified as stated above with costs. Appeal Suits Nos. 821 and 822 of 1982 filed for higher rate of interest are dismissed with costs.
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1997 (10) TMI 412
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... ... ..... h subject to some conditions, have not been taken into account by the learned single judge. We have absolutely no doubt that if respondents are equipped with such an order before they are interrogated by the police it would greatly harm the investigation and would impede the prospects of unearthing all the ramifications involved in the conspiracy. Public interest also would suffer as a consequence. Having apprised himself of the nature and seriousness of the criminal conspiracy and the adverse impact of it on "the career of millions of students", learned single judge should not have persuaded himself to exercise the discretion which Parliament had very thoughtfully conferred on the sessions judges and the High Court through Section 438 of the Code, by favouring the respondents with such a pre-arrest bail order. 13. In the result, we allow these appeals and quash the order of the High Court of Andhra Pradesh granting anticipatory bail to the respondents in this case.
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1997 (10) TMI 411
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... ... ..... k for long period. In the present case, prima facie, I am satisfied that there is no user of the mark in India, particularly when there is no evidence of the date on which the reputation of the mark travelled into India. This again, is only my prima facie observation in the context of the nature of relief which this Court should grant depending on the facts of the present case. The entire Order is based only on facts of this case. 47. Taking into account all the above facts and circumstances of the case, ends of justice would be subserved if the ad-interim Order of this court is continued. Accordingly, the prayer for injunction sought by the plaintiff is rejected. However, the defendants will maintain an account of profits every year and that shall forward the Account of Profits every year after the end of the Accounting year to the plaintiffs. 48. Accordingly, the Motion is disposed of. However, in the facts and circumstances of the case, there will be no order as to costs.
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1997 (10) TMI 410
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... ... ..... eld that in view of the contrary judgments of Tribunal and the High Court, there existed bona fide belief regarding the nondutiability of the item. The Hon'ble High Court therefore, held that the invokation of larger period by alleging suppression does not arise and the plea of bona fide belief held by the assessee is required to be accepted. Noting the judgment of the Hon'ble Supreme Court on the point pertaining to Ingredients of proviso to Section 11A to be incorporated in the show cause notice and the fact that the department has not brought out such ingredients and also the Learned Additional Collector has not given any finding nor he has given a hearing in the matter and in view of the fact that the appellants held bona fide belief with regard to the non-excitability of the item, the demands raised for extended period is required to be set aside by allowing the appeal. Thus the appeal is allowed. The operative portion of the order was dictated in the open Court.
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1997 (10) TMI 409
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... ... ..... mputer architecture system which uses software for running such a system." It is clear from the above that the cellular network is a medium for dissemination through a system of computers and is essentially a computer network. In the light of this information, there can be no doubt that the expression 'information technology' as elaborated in the notification of 27-7-1993, also covers the area of cellular networks. 15. For the reasons discussed above, this Authority is of the opinion that the applicant fulfils the definition of expression 'technician' in section 10(5B) and the answers to the questions raised by him should be in the affirmative. The Authority, therefore, pronounces the following Ruling Questions Answers 1. In the facts and circumstances explained in detail in Annexure I, the applicant is a qualified technician as defined under section 10(5B ); and accordingly Yes 2. The applicant would be entitled to the exemption under section 10(5B). Yes
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1997 (10) TMI 408
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... ... ..... expertise acquired by the holders of the aforesaid degrees awarded by the said institution. In any event, when proper medical facilities have not been made available to a large number of poorer sections of the society, the ban imposed to the practitioners like the writ petitioners rendering useful service to the needy and poor people was wholly unjustified. It is not necessary for this Court to consider such submissions because the same remains in the realm of policy decision of other constitutional functionaries. We may also indicate here that what constitutes proper education and requisite expertise for a practitioner in Indian Medicine, must be left to the proper authority having requisite knowledge in the subject. As the decision of the Delhi High Court is justified on the face of legal position flowing from the said Central Act of 1970, we do not think that any interference by this Court is called for. These appeals therefore are dismissed without any order as to costs.
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1997 (10) TMI 407
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... ... ..... gment over the sufficiency of material on the basis of which the detaining authority has recorded its subjective satisfaction. That is not the scope of these writ petitions, in the circumstances, the contention is rejected. 54. In view of the above discussion, our conclusions are that there is no substance in any of the contentions, namely, (i) paucity of time at the disposal of the detaining authority; (ii) unexplained delay on the part of the detaining authority; (iii) absence of any prejudicial act or omission on the part of either of the detenues between 27th November, 1995 and 3rd September, 1996 resulting in the link being snapped or (v) insufficiency of the material for passing the order of detention against Sajid Ahmed the detenu in Writ Petition No, 1212 of 1996. 55. In view of the above, we do hot find any merit in any of the contentions raised before us. The petitions are, therefore, dismissed. Rule in both the petitions stands discharged. 56. Petitions dismissed.
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1997 (10) TMI 406
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... ... ..... Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal’). The learned Counsel for the appellant has urged that since the clamps were part of the glass fibre bags imported by the appellant the same should have been classified under Heading 70.20. We do not find any merit in this contention. In our opinion, the Tribunal has rightly held that the clamps have to be classified separately under Heading 73.33/40(2) and they could not be classified as glass fibre under Heading 70.20. The appeals are, therefore, dismissed. No order as to costs.
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1997 (10) TMI 405
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... ... ..... ng powers, that is to say, power . . . (b) to institute, conduct, defend compromise or abandon any legal proceedings by or against the Sangha or its officers, or otherwise concerning the affairs of the Sangha and also to compound and allow time for payment of or satisfaction of any debts due and of any claims or demands by or against the Sangha . . ." 2. A reading of the above article leads to an inference that it is the directors who should jointly authorise to decide to institute or institute a suit. Concedingly, the directors have passed no resolution deciding to institute a suit binding the institution with the result of the suit. The suit having been filed without there being any resolution and as the corporation can only file a suit if there is a resolution for the same, the suit was not filed by an authorised person under Order 29, Rule 1 of the Code of Civil Procedure. The suit as such is not maintainable. 3. Consequently, the letters patent appeal is dismissed.
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1997 (10) TMI 404
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... ... ..... ow LJ 273) (supra) which have gone to the extent of saying that once the detentioin of a person is rendered illegal on account of non- fulfilment of provisions of Article 22(1) of the Constitution, then such an illegality cannot be cured even by a subsequent valid order of remand. Accordingly the case of Hazari Lal and Ashok Kumar Singh as also the cases mentioned therein taking the same view are overruled. 27. Our answer to the question referred, therefore, is as follows - Where an accused person is in judicial custody on the basis of a valid remand order passed Under Sections 209 or 309 Code of Criminal Procedure by the magistrate or by any other competent Court then such accused person cannot be set at liberty by issuing a writ of habeas corpus solely on the ground that his initial detention was violative of a constitutional guarantee enshrined in Articles 21 and 22 of the Constitution of India. 28. Let the papers be now placed before the Division Bench with this opinion.
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1997 (10) TMI 403
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... ... ..... not be considered to be exempted income under section 11. It does not entitle the Assessing Officer or the appellate authority to deny exemption in a wholesale manner under section 11 of the Income-tax Act under which the whole income of the assessee is held taxable. This interpretation of the lower authorities is wrong under law in view of the categorical decision of the Madras High Court as to the intendment of section 13(1)(d)(i). Therefore, I set aside the order of the lower appellate authority. I allow the appeal and I direct that the matter should go back to the file of the lower appellate authority who should decide as to which portion of the income earned by the assessee-trust is liable to be exempt under section 11 and which portion of the income is liable to be taxed at maximum marginal rate in view of several documents and submissions made on behalf of the assessee-trust afresh and according to law. 7. In the result, the appeal is allowed for statistical purposes.
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1997 (10) TMI 402
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... ... ..... has granted more than 48 hours. By the amendment the petitioners have sought to maintain that petitioner No. 1 is entitled to retract from the statement recorded on 20-1-1997 on the grounds mentioned in para 10 of the amended petition. The respondents have produced the copy of the summons which allegedly was served on the 1st petitioner before he was questioned. In answer to the same, the respondents have filed a further affidavit on 27-8-97 denying the allegations. In the context of the prayers in the petition, we do not consider that in this petition, we should go into the merits of the rival contentions in relation to the aforesaid statement recorded by the authority. In that view, Crim, Appln. No. 132/97 is dismissed. In view of the above, discussion in this judgment, the petitioners are not entitled to the prayers in the petition and the petition is liable to be dismissed. In the result, the writ petition is dismissed. Rule discharged. No costs. 15. Petition dismissed.
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1997 (10) TMI 401
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... ... ..... d by the first respondent against those orders, were also dismissed by the Division Bench of this Court by the aforementioned order dated 28.2.1997. It appears the said judgment has become final, as nothing was shown to us to say that the said judgment was varied or modified. In our view, the Writ Petition No. 2336 of 1981 was one such writ petition which was rightly entertained having regard to the facts and circumstances of the case a already stated above, that too in the absence of any plea by the first respondent in the writ petition that either disputed questions of fact arose for consideration or that the writ petition was not maintainable to enforce the terms of contract. These writ appeals on hand filed against, aggrieved by the order of the learned single judge, in the said writ petition, are liable to be dismissed. 52. In the result, for the reasons stated, these writ appeals being devoid of any merit, are liable to be dismissed, and accordingly they are dismissed.
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