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Showing 1 to 20 of 426 Records
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1997 (11) TMI 547
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... ... ..... conspiracy to murder Merli and her children and did murder them, between 7.00 p.m. and 7.45 p.m. on 23.6.1980, It, therefore, allowed the appeal, set aside the acquittal of the accused and sentenced them to suffer imprisonment for life. 24. Same contentions which were urged on behalf of accused before the High Court were urged before us. We agree with the reasons given by the High Court for rejecting them. Other reasons have been stated by us earlier while pointing out how the view taken by the trial court regarding each circumstance was not proper. The evidence regarding the movements of A-I, A-3 and A-4 between 6 and 7.00 p.m. near Tomy's house, the find of finger prints of A-3 on one of the glasses seized from the house of Tomy and the confession of A-4 together with other circumstances stated above establish the guilt of the accused beyond reasonable doubt. 25. As we do not find any good reason to differ from the view taken by the High Court, this appeal is dismissed.
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1997 (11) TMI 546
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... ... ..... ate authority. Considering the facts and circumstances of the case, it prima facie appears to us that the alleged acts on the part of the respondents were purported to be in the exercise of official duties. Therefore, a case of sanction under Section 197 Criminal Procedure Code has been prima facie made out. Whether is was unjustified on the part of the respondents to take recourse to the actions alleged in the complaint or the respondents were guilty of excesses committed by them will be gone into the trial after the required sanction is obtained on the basis of evidence adduced by the parties. At this stage, such questions are not required to be considered because the accused have not yet led evidence in support of their case on merits. We, therefore, do not think that any interference against the impugned order is called for. The appeals therefore fail and are dismissed. By abundant caution, we make it clear that on the merits of the case we have not expressed any opinion.
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1997 (11) TMI 545
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... ... ..... vision and if there is any excess over and above the said sum, it can be treated as a reserve provided other conditions of the creation of reserve are satisfied. Since the Tribunal has not gone into this aspect of the matter, with the Tribunal, to decide the question afresh in the light of the principles laid down by the Supreme Court in National Rayon Corporation Ltd. and determine whether a portion of the debenture redemption reserve set apart by the assessee can be included in the computation of the capital of the assessee for the surtax purpose. Since the Tribunal has not posed the proper question and decided the question, we are of the view that the Tribunal should consider the question afresh in the light of the Supreme Court decision in the case of National Rayon Corporation Ltd. (supra) Though we answer the question of law referred to us in the negative and in favour of the Revenue, the Tribunal is directed to consider the question afresh as directed above, No. costs.
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1997 (11) TMI 544
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... ... ..... Company in our order dated 20-10-1997. M/s A.F Ferguson & Co., Delhi is appointed for the purpose. The fees and expenses are to be paid by the Company. A sum of ₹ 5 lakhs on account be deposited by the Company within two weeks. 4. A copy of the orders made by this Court and copy of the writ petition be supplied to the Chartered Accountants. Their report is to be given taking note of the contents of the writ petition and all other documents and the orders made in the writ petition within 10 weeks. In the meantime, the fixed assets (mentioned at pp. 253-54 of the paper-book) of the Company would not be alienated or in any manner encumbered by the Company nor any third-party interest be created therein. 5. We also direct that an affidavit of a senior officer be filed on behalf of the Central Government giving details of the action, if any taken by the Central Government or its agencies in this matter. 6. List after the report is submitted by the Chartered Accountants.
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1997 (11) TMI 543
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... ... ..... appellant that respondent had deserted him for a continuous period of more than two years and in the result he should have been granted a decree of divorce in view of provisions of Section 13(l)(ib) of Hindu Marriage Act. Thus, I hereby set aside the decree which has been passed by the learned trial Judge dismissing the matrimonial petition filed by the respondent. He deserves to get decree of divorce against respondent Sarla dissolving their marriage. It is hereby made clear that Samkeet, the child of Praful Kumar and Sarla, is entitled to have the alimony which has been provided by law to him and his mother is entitled to avail legal process for that till he is minor. It is also made clear by this judgment that Sarla is entitled to avail a legal remedy for making a claim for alimony. For that purpose the topic of allegations of torture has not been touched. The appeal stands allowed. Keeping in view the matrimonial relations between the parties, decree be drawn accordingly.
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1997 (11) TMI 542
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... ... ..... approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a panel for all Tehsils and Districts as well. (9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the illaqa Magistrate for his record. (10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. (11) A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer cuasing the arrest within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicous notice board. 34. With the above observations, this application stands disposed of. 35. Copy of this order shall be supplied to the learned Counsel for the petitioner on payment of usual charges within 24 hours.
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1997 (11) TMI 541
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... ... ..... . With respect, we are unable to subscribe to this view for the obvious reason that it is in direct conflict with the seven judge Bench decision in Bangalore Water Supply case (supra) by which we are bound. It is needless to add that it is not permissible for us, or for that matter any Bench of lesser strength, to take a view contrary to that in Bangalore Water Supply (supra) or to by pass that decision so long as it holds the field. Moreover, that decision was rendered long back - nearly two decades earlier and we find no reason to think otherwise. Judicial discipline requires us to follow the decision in Bangalore Water Supply case (1978) 2 SCC 213. We must therefore, add that the decisions in Theyyam Joseph (1996) 8 SCC 489 and Bombay Telephone Canteen Employees' Association (AIR 1997 Supreme Court 2817) cannot be treated as laying down the correct law. This being the only point for decision in this appeal, it must fail. Accordingly, the appeal is dismissed. No Costs.
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1997 (11) TMI 540
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... ... ..... ransshipment shed. In the case in hand the actual mode of discharge adopted is entire different. We are of the view that the delivery of bulk cargo is governed in every case strictly by the terms of the contract of carriage, and, in their absence, by the custom of the port discharge. This is widely accepted position of law. In our opinion, the above case cited by the learned Counsel for the appellants is not applicable to the facts of this case and distinguishable on facts. For all the foregoing reasons, we are also unable to accept the contention of Mr. P.B. Krishnamoorthy that the draft survey is the only means of ascertaining the weight and quantity discharged in the case of bulk cargo. We are of the opinion, that the bill of lading does not constitute prima facie evidence of the quantity of the cargo loaded on port and the appeal, therefore, fails and is dismissed, of course, not for the reasons assigned by the learned Subordinate Judge but for our own reasons. No costs.
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1997 (11) TMI 539
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... ... ..... ith the order, we would like to record that, Shri Seervai desired that the preliminary objections be dealt with along with the merits of the case while Shri Sarkar pleaded for considering the objections first as they touch upon the maintainability of the petition. Since we also felt that, if the objections were to go to the root of the maintainability of the petition, then we should decide the same first before considering the facts of the case. Accordingly, at the time of hearing, we recorded an order as follows "Arguments concluded on the preliminary issues. In case we come to the conclusion that the petition is not maintainable, we shall issue orders. Otherwise the matter will be heard on October 15, etc. etc." 24. Since we have come to the conclusion that the petition is not maintainable purely on points of law, without any need to advert to the facts of the case, this order is being issued, dismissing the petition as not maintainable. 25. No order as to costs.
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1997 (11) TMI 538
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... ... ..... ll be at a place at Pune where the counsel or their representatives are necessarily present it or near the venue. the respondent shall not be entitled to take the child out from the said venue. The appellant shall take all such steps to comply with the above visitation rights of the respondent. it will also be open to the parties to move this Court for any other directions in regard to these visitation rights. Appeal of the appellant-mother against order passed in the application for custody filed by the respondent before the Family Court, is allowed as stated above and the respondent's application for custody of child is dismissed subject however to the visitation rights stated above. Appeal against the order in the petition for declaring the marriage of appellant and respondent null & void is dismissed as not pressed in view of the decree of divorce, already passed. The bailable warrants issued against appellant are directed to be withdrawn, if they are subsisting.
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1997 (11) TMI 537
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... ... ..... eeting had been held. Under these circumstances, we have to go by the averments of the respondents that the petitioner was fully aware of the happenings in the company and he has filed the petition only as an offshoot of his removal from the services of HRH. 22. Accordingly we hereby dismiss the petition as not only as not maintainable but also on the grounds that the petitioner has not made out a case for grant of any relief. 23. Before parting with this order we also record that the counsel for the respondents made a statement before us that HRH would be prepared to pay a compensation of ₹ 1 lakh to the petitioner as a matter of compromise if the petitioner desired to accept instead of prolonging the litigation. The petitioner rejected the offer. Notwithstanding the dismissal of the petition, if the petitioner desires to accept this amount, we feel that the respondents should consider making this payment to him. 24. Petition is dismissed without any order as to cost.
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1997 (11) TMI 536
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... ... ..... . It may be little less than 10' x 15'.' Though PW 2 stated that the scheduled shop is 6' x 6', on further cross-examination admitted as under 'I do not know whether the shop fallen vacant is 10' x 15'. Again I say it is of similar size as that of the scheduled shop.'" The High Court then concluded "From these admissions of the respondent and her witness, it is obvious that subsequent to the institution of the eviction petition against the revision petitioner she has come into possession of the premises measuring about 10' x 15' that is almost equal in dimensions of the scheduled premises." 4. The finding recorded by the High Court is pre-eminently reasonable and based on proper appreciation of the material on the record with which we find no reason to disagree. We do not find any error to have been committed by the High Court. There is no merit in this appeal. The appeal, therefore, fails and is dismissed. No costs.
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1997 (11) TMI 535
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... ... ..... y No. 5 which was exempted under the notification dated 31.1.1985. 4. In view of the decisions of this Court referred to above, with which we are bound, we quash the impugned notices under Section 10-B of the U.P. Sales Tax Act and under the Central Sales Tax Act for the assessment years 1985 86, 1986-87 and 1987-88. In so far as the assessment year 1985-86 is concerned, the learned Counsel for the petitioner stated that he does not press for any relief since the assessment made in consequence to the notice under Section 10-B of that year has already been quashed by this Court in Writ Petition No. 1815 of 1993. 5. In the result, the writ petition succeed and is allowed accordingly.
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1997 (11) TMI 534
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... ... ..... 2, A-3 and A-4 cannot escape conviction under Section 5 of TADA and Section 25 of the Arms Act. We confirm their conviction under the said offences. 100. However, we are not satisfied that the minimum sentence of imprisonment for 5 years awarded by the trial court to A-1 to A-4 for the offence under Section 5 of TADA is commensurate to the gravity of the offence. Perhaps the trial court would have been persuaded to award that sentence in view of the fact that those accused were sentenced to imprisonment under Section 3(5) of TADA. Now that we have set aside the conviction of those accused of the offence under Section 3(5) of TADA we think that the sentence of imprisonment awarded to A-1 to A-4 for the offence under Section 5 of TADA must be enhanced. We can consider that aspect only after hearing A-1 to A-4 on that point. Hence we direct the Registry to serve notice on the counsel for A-1 to A-4 on the proposal to enhance the sentence for the offence under Section 5 of TADA.
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1997 (11) TMI 533
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... ... ..... (1) SCC 597 (paras 11,12,21,24,25) and the present cases are of the abuse of process of law (vide Calcutta Electric Supply Corporation v. N. M. Banka (Sh.), 1997 (1) ICC 529. We have gone through all the decisions, they are of no help to the respondents in the present cases. It may also be observed that if timely action had been taken by the respondents, the huge amount of electricity dues would not have been allowed to be accumulated, the situation in the instant case would not have arisen. ( 11. ) In view of the discussions made above, it is clear that M/s. Kavita Steels Pvt. Ltd. is a consumer. The said company is liable for the arrears of the electricity dues sought to be realised by the respondents, the petitioner- Directors cannot be held liable for the payment of those dues, the respondents cannot realise the arrears of electricity dues from the personal assets of the Directors of the Company. Both the petitions are allowed. No order as to costs. Petitions allowed. .
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1997 (11) TMI 532
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... ... ..... As a matter of fact, the FCI did pay the appellants the price for the rice purchased. If a portion of the price paid by the FCI is taken away, the appellants will be prejudicially affected. They not only had acquired a vested right to be paid but actually received payment for the rice sold. If the rice was delivered without any valid procurement order, the sellers were entitled to be paid at the market rate in terms of section 70 of the Contract Act. The retrospective subordinate legislation has tried to take away a portion of the money the appellants had lawfully obtained. We are of the view that the decision of the High Court is clearly erroneous. The recoveries which are now sought to be made from the appellants are clearly unlawful and unjust. The appeals are allowed. The judgment under appeal is set aside. There will be no order as to costs. Leave granted. In view of our above decision in C.A.Nos. 3196-3200 of 1981, this appeal is also allowed with no order as to costs.
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1997 (11) TMI 531
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... ... ..... it could not be seriously contended by learned counsel for the respondents that if clause 15 of the Letters Patent is invoked then the order would be appealable. Consequently, in our view, on the clear language of clause 15 of the Letters Patent which is applicable to Bombay High Court, the said appeal was maintainable as the order under appeal was passed by learned Single Judge of the High court exercising original jurisdiction of the court. Only on that short ground the appeal is required to be allowed. The judgment and order of the High Court in appeal No. 960/94 are set aside and the appeal is restored to the file of the High Court for being proceeded further in accordance with law. As the appeal of 1994 is being restored to the file of the High Court, the High Court is requested to decide the appeal as expeditiously as possible. The appeal is accordingly allowed. No costs. We make it clear that we express no opinion on the merits of the controversy between the parties.
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1997 (11) TMI 530
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... ... ..... nclusive evidence of the imposition of tax" What is said does not advance the case of the appellant. It is, in fact, consistent with the view that has been taken by the High Court and which we re inclined to take. Reliance is also placed by learned counsel for the appellant on the decision of a Division Bench of the Punjab & Haryana High Court in Shri Krishan Kumar Sanan and Others v. The Punjab State and another, 74 P.L.R. (1972) page 149. The High Court has referred this decision in the judgment under appeal and has pointed out that it is inapposite because it was given in relation to an order that had been issued in exercise of the powers conferred by Section 62A(3) of the said Act. The appeals must, therefore, fail and re dismissed. The appellant shall refund to the respondents the amounts collected from them as and by way of the cess with interests at the rate of 12 per cent per annum from the dates of collection till the dates of payment. No order as to costs.
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1997 (11) TMI 529
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... ... ..... , insinuations, allegations and orders made by the learned Judge in connection with and relating to the disposed of Writ Petition No. 2949/96 in the impugned order, are illegal, misconceived and without jurisdiction. The same are quashed and are hereby directed to be expunged from the record. The direction to issue show cause notice to the Chief Justice of the High Court Respondent No.2, being wholly unwarranted, unjustified and legally unsustainable is hereby quashed and set aside. Nothing said hereinavoce shall however be construed as any expression of opinion on the pending criminal revision petition filed by respondent No.1, which has been admitted to hearing and in which respondent No.1 has been granted bail. That criminal revision petition shall be decided by the High Court on its own merits. Before parting with this Judgment, we wish to say that we hope there shall not be any other occasion for us to deal with such a case. The appeal therefore succeeds and is allowed.
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1997 (11) TMI 528
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... ... ..... htly been granted compensation on account of t he motor accident, on the basis of the recorded finding of fact. We cannot help remarking that the High Court instead could have well have spent its time on other priorities. The appeal thus would have to be and is hereby allowed in part to the extent and in the manner afore-indicated. SLP (Civil) No.. 6262/97 This Special Leave Petition was tagged on with the above case on the assumption that the fate of the said case would govern the fate of this SLP. We find that the question as such was never raised before the High Court. The finding of fact recorded by the Motor Accidents' Claim Tribunal does not positively indicate that the licence of the driver of the offending vehicle was fake or forged. All the same, the licence was got renewed which reinforced the impression of the High Court that it was not proved substantially that the said licence to begin, was fake or forged. The Special Leave Petition is, therefore, dismissed.
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