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Case Laws
Showing 1 to 20 of 465 Records
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1997 (2) TMI 599
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... ... ..... 2) of Article 229, came into force with effect from March 1, 1974 by virtue of the order of Chief Justice of the High Court. This is how the High Court understood it till some doubt was created because of the significant distinction in the decision in Sunder Sham Kapoor being overlooked. It is, therefore, clear that Rules 16 providing for the quota and Rule 30 prescribing the mode of determining seniority came into force with effect from March 1, 1974. The quota for the direct recruits and promotees has to be worked out accordingly and the vacancies have to be filled on that basis. The High Court is required to calculate the vacancies and adjust the appointments to the vacancies on this basis. 12. For the aforesaid reason the impugned judgment of the High Court is set aside. The High Court would now proceed to calculate the number of vacancies available to direct recruits and promotees on this basis and to make consequential adjustment in the cadre of assistants, accordingly.
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1997 (2) TMI 598
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... ... ..... dismissed. We acquit the appellant for offences under sections 395 and 397, Indian Penal Code and set aside his sentence of five years and seven years respectively on those counts. Instead we convict him under section 411, Indian Penal Code. For that offence, we reduce his sentence to the period already undergone by him and impose a fine of Rs. 3,000/- and six months RI in its default. The said fine should be deposited by him within a period of 3 months from today in the trial Court. In case the appellant does not pay the fine within 3 months from today, as directed by us, he shall undergo the sentence of 6 months RI imposed in its default. In case the appellant pays the fine within the stipulated period, his bail bonds shall stand cancelled and sureties discharged. The trial Court would be at liberty to accept the fine on production of a certified copy of the judgment of this Court which in case an application is made, shall be issued to the appellant on an expedited basis.
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1997 (2) TMI 597
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... ... ..... tition is disposed of. 28th Oct., 1997 In this application, the petitioner has sought for correction of the typing error that has crept into the order in para 3 of the order at p. 4. Learned counsel for the petitioner points out that at the end of para 3 of the order, that is about fifth line from the bottom of para 3 of the order instead of the words "assessing authority", the same has been typed as "assessee" and, therefore, an order correcting the said order is required to be made. 2. I find the request made is justified. Therefore, in the place where it is typed as "assessee" in para 3 of the order, i.e., about five lines from the bottom of para 3 the words "assessing authority" may be substituted and the word "assessee" may be deleted. If the certified copy of the order has already been issued and the same is made available to the office, the necessary corrections may be carried out. Accordingly, this I.A. is disposed of.
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1997 (2) TMI 596
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... ... ..... no force in the contention. The thrust of the imputation of charges was that he had not discharged his duty as a responsible officer to safeguard the interest of the Bank by securing adequate security before the grant of the loans to the dealers, and had not ensured supply of goods to the loans. It is based upon the documentary evidence which has already been part of the record and copies thereof had been supplied to the petitioner. Under those circumstances, we do not think there is that any manifest error apparent on the face of the record, warranting interference. It is then contended that no reasons have been given in support of the conclusions to substantiate the charges. The enquiry officer had elaborately discussed each charge and given reasons which were considered by the disciplinary authority and reached the conclusion that the charges were proved. So, had the appellate authority. They are not like civil Court. 4. The special leave petition is accordingly dismissed.
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1997 (2) TMI 595
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... ... ..... message in its judgment to the officer concerned through a process of reasoning, essentially persuasive, reasonable, mellow but clear, and result-orienting, but rarely as a rebuke. Sharp reaction of the kind exhibited in the afore-extraction is not in keeping with institutional functioning. The premise that a Judge committed a mistake or an error beyond the limits of tolerance, is no ground to inflict condemnation on the Judge - Subordinate, unless there existed something else and for exceptional grounds. 15. We are sorry to note that learned Single Judge did not remind himself of the above precautions which time and again have been exhorted. When he made unjustifiable, unsavoury and scathing remarks on an undefended Judge of the subordinate court he was only wounding the institution of judiciary. 16. In the interest of justice and fairness, we expunge all the offending remarks made against the appellant in the order dated 20.5.1996. 17. The appeal is disposed of accordingly.
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1997 (2) TMI 594
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... ... ..... maintainable cannot be accepted. 7. For the reasons aforesaid, we allow the appeal and set aside the judgment and decree with regard to the properties mentioned in Schedule A to the written statement. The remaining part of the decree stands affirmed as a preliminary decree upon modification as above. There will be no order as to cost. At the time of delivery of the judgment we are informed on behalf of the appellants that the sole plaintiff who is the respondent in the appeal had died during the pendency of the appeal but after conclusion of its hearing. A formal application has also been preferred, which is within time and inform. The same be treated as on day's list, and the names of the persons described therein as heirs of the respondents be brought on records of the case. If an urgent certified copy is applied for, the department is directed to deliver the same within two weeks from the date of deposit of the requisite stamps and folios. B. Panigrahi, J. 8. I agree.
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1997 (2) TMI 593
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... ... ..... t the levy holds good as far as the other members of the Club are concerned, and hence in these circumstances, I feel that it is a fit case in which there should be no orders as to costs both in the appeal and in the suit. 27. In the result, it is ordered as follows --- (i) First Appeal No. 1618/96 is hereby dismissed. (ii) First Appeal No. 1625/96 is hereby allowed. The finding of the trial Court regarding limitation and denial of the relief of declaration is hereby set aside. It is hereby declared that the first defendant Club has no right to levy sports development fees against the plaintiffs, who were enrolled as Life Members prior to 1-10-1977. Consequently, the first defendant Club cannot terminate the memberships of the plaintiffs or interfere with their rights as members for non payment of sports development fees. (iii) In the circumstances of the case and the conducts of parties, I direct the parties to bear their respective costs, both in the appeal and in the suit.
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1997 (2) TMI 592
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... ... ..... which was immediately followed up as members of the anti corruption squad rounded him up. Hence there would not have been sufficient interval for the appellant to make entries in the Register or to prepare the receipt. Evidence shows that appellant told PW I to come to the office again on the next Monday or Tuesday only as an answer to the query made by PW 1 as to when he was to go there again for collecting the certified copies. 14. For the above reasons we entertain a reasonable doubt, on the admitted facts, that what appellant collected from PW-1 could have been the charges which he was lawfully obliged to collect from any person applying for three copies of the sale deeds. In such a situation it is only just and fair that benefit of the aforesaid doubt is extended to the appellant albeit the last stage of this litigation. 15. We, therefore, upset the conviction and sentence passed on the appellant and acquit him of the offence charged. His bail bond will stand discharged.
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1997 (2) TMI 591
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... ... ..... to the needs of the educational opportunities. The teacher duly appointed to a post in the private institution also is entitled to seek enforcement of the orders issued by the Government. The question is as to which forum one should approach. The High Court has held that the remedy is available under the Industrial Disputes Act. When an element of public interest is created and the institution is catering to that element, the teacher, the arm of the institution is also entitled to avail of the remedy provided under Article 226; the jurisdiction part is very wide. It would be different position, if the remedy is a private law remedy. So, they cannot be denied the same benefit which is available to others. Accordingly, we hold that the writ petition is maintainable. They are entitled to equal pay so as to be on par with Government employees under Article 39(d) of the Constitution. 5. The appeal is accordingly allowed. The writ is issued. But in the circumstances without costs.
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1997 (2) TMI 590
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... ... ..... he Commission. It does not appear to me that the findings are based on no material or are perverse or that no reasonable man can arrive at such a conclusion. The learned Counsel for the Petitioner, however, has not been able to point out any such perversity or any other material on which this Court can form such an opinion so as to enable this Court to interfere with the said finding. From the materials through which I have been led, to my mind, it appears that the reduction of punishment and its imposition on the Petitioner is not excessive or unwarranted on the basis of the charges proved against the Petitioner. 10. For all these reasons, I am not inclined to interfere with the order impugned. The application dated 11.12.1995 is thus disposed of. By reason of the above order passed on the application dated 11.12.1996, nothing remains to be decided in the writ petition. The writ petition, therefore, stands dismissed In terms of this order. There will be no order as to costs.
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1997 (2) TMI 589
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... ... ..... ce to direct that though these appeals are being disposed of, the question of refunding any amounts of excess handling charges paid by the respondents during the aforesaid period is left to be decided in the light of the ultimate decision of the Central Government on this question. It is obvious that in the light of the decision of the Central Government if it is found that the appellant- Board is liable to refund any excess amount of handling charges to the respondents as collected by it from the respondents during the relevant period, it will be bound to refund the same within a period of eight weeks from the date of decision of the Central Government with interest at the rate of 12% per annum from the date of payment of the excess amount of handling charges by the respondents to the Board till the actual refund thereof by the Board to the respondent-writ petitioners. The appeals are dismissed accordingly with no order as to costs in the facts and circumstances of the case.
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1997 (2) TMI 588
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... ... ..... ecial provision. The Section and the Rule should be construed in such a way so as not to render the provisions of any Rule as redundant or surplus. I also find that the Tribunal's judgment in the case of M/s. Khaitan Electricals Ltd. (supra) relied upon by the learned Advocate, Shri Bagaria, dealt with a similar situation and it had been held in that case that the provisions of Rule 9B(5) would be applicable in the cases of provisional assessments. Following the said judgment and in view of my discussions above, I hold that the assessments in the instant case being admittedly provisional, were covered by the provisions of Rule 9B(5) and on finalisation of the same, the Department was bound to give effect to the same and if any excess payment was paid by the appellant company, the same was liable to be refunded to the appellants without their having made any claim to that effect. In the circumstances, I allow the appeal with consequential relief to the appellants, if any.
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1997 (2) TMI 587
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... ... ..... e parties. It is sufficient to refer to the well considered decision of this Court in Sudarshan Trading Company V. Government of Kerala A.I.R. 1989 S.C. 890 , within it has been held "..... if the parties set limits to action by the arbitrator, then the arbitrator had to follow the limits set for him and the court can find that he exceeded his jurisdiction on proof of such excess..... Therefore it appears to us that there are two different and distinct grounds involved in many of the cases. One is the error apparent on the face of the award, and the other is that arbitrator exceeded his jurisdiction. In the latter case, the courts can look into the arbitration agreement but in the former, it cannot, unless the agreement was incorporated or recited in the award". For the above reasons, the appeal is allowed in part, i.e., to the extent of claim No. 4 (in a sum of ₹ 3,70,221.50p.). In other respects, the appeal is dismissed. There shall be no order as to costs.
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1997 (2) TMI 586
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... ... ..... rt was not in consonance with the standards of professional ethics expected from a senior member of the profession. We are, therefore, of the view that the Appellant has been rightly held guilty of professional misconduct for his having wrongfully retained ₹ 1,500 which had been kept with him in connection with the settlement in the execution proceedings. We think that the ends of justice would be met if the punishment of reprimand is imposed on the Appellant for the said misconduct on his part. 12. We, therefore, partly allow the appeal and, while holding the Appellant guilty of professional misconduct in wrongfully retaining the amount of ₹ 1,500 which was kept with him in connection with the settlement in the execution proceedings till he deposited the said amount in the court on May 2, 1978 and in not paying the said amount to the decree holder inspite of demand, we impose the penalty of reprimand on the Appellant for the said misconduct. No order as to costs.
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1997 (2) TMI 585
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... ... ..... fore rejecting applications under Section 5 of the Indian Limitation Act and dismissing appeals as barred by lapse of time, the Courts of law are required to put a glance as a condition precedent on the merits of the appeals and unless the appeals are found to be hopelessly devoid of merits ordinarily efforts should be made to decide the appeals on merits. Failure to do so in the present appeal by learned lower appellate Court has resulted in miscarriage of justice and as such, its judgment and decree under appeal is liable to be set aside. In view of what have been discussed above, the instant Second Appeal is allowed and judgment and decree dated 8-12-1995 passed by learned lower appellate Court is hereby set aside. The case is remanded back to the learned lower appellate Court with a direction to decide the appeal afresh expeditiously on merits without being influenced with any observation made in the body of the judgment relating to the merits of the case. 20. Costs easy.
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1997 (2) TMI 584
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... ... ..... ion 80HHC(2)(a) of the Income-tax Act, 1961 ('the Act'). The petitioner's application for extension of time as provided under section 80HHC(2)(a) was rejected by the first respondent. 5. The amounts in respect of Invoice No. 21 /93-94 and Invoice No. 22/93- 94 were received by the petitioner on 21-3-1995 and 16-11-1994, respectively. 6. In view of the aforesaid factual position, particularly the fact that the petitioner has received the sale proceeds on 16-11-1994 and 21-3-1995, the petitioner is justified in contending that the petitioner received the sale proceeds after some time over which the petitioner had no control. Therefore, the impugned order (Exhibit 'E' to the petition) dated 25-3- 1996 is set aside. Respondent No. 1 is directed to pass appropriate fresh order in consonance with the provisions of section 80HHC(2)(a) after giving an opportunity of hearing to the petitioner. 7. Rule is made absolute to the above extent, with no order as to costs.
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1997 (2) TMI 583
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... ... ..... c wires & Cables, UOI Crones, chilled water Coil used for air handling unit, transformers, Crane unloaded electric overload travelling cranes etc. It is a fact that the definition of Capital goods has been widened enough by various judgment mentioned above as also the definition of plant and machinery, therefore I am inclined to allow modvat credits on pressure guage, valves, process control instruments (for control of temperatures) A.H. 6.20 recorder, digital scales, black steel tubes, S.S. Powder, S.S. filters digital multi meters, spinnerate Inspection equipment. Quardraflow & Cooling Towers Components, cold water cleaning machine, aplab temperature controller electrical motors and industrial valves. I also hold that as there was no mala fide intention to take modvat credit on these items and so no penalty is leviable on the company or its Director and General Manager. The order of the Adjudicating Authority is modified as mentioned above and appeal partly allowed.
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1997 (2) TMI 582
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... ... ..... o express any opinion on the question of law raised in this appeal. The Appeal is, accordingly, disposed of with no order as to costs.
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1997 (2) TMI 581
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... ... ..... v. Collector of Central Excise, Bombay, 1995 (77) E.L.T. 3 (S.C.) 1995 Supple (2) SCC 646. The appeals must, therefore, be allowed and the orders under appeals set aside. No order as to costs.
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1997 (2) TMI 580
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... ... ..... (S.C.) 1994 (6) SCC 465, the appeals are allowed and the order dated 16th June, 1988 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi, is set aside. There will be no order as to costs.
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