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Case Laws
Showing 1 to 20 of 460 Records
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1999 (11) TMI 904
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... ... ..... this stage, accept this plea. 22. Clause (a) of Section 112 of the Act will not apply either to Anil Bachani, Ramesh Bachani or Raju Jain. It would only apply to the persons who imported the gold. The notice to show cause does not cite Clause (a) of Section 112 with regard to these three but to Clause (b). The departmental representative does not dispute that penalty could not be levied on these persons under Clause (a) of Section 112. Accordingly, it will have to be held that the application with regard to Raju Jain fails on this score. 23. The departmental representative says that he has been instructed to pray for an order for holding that the ship on which the gold was smuggled, was liable to confiscation. He says that the application for early hearing refers to this issue. That may be so. In the total absence of any material in the application with regard to confiscation of the ship, we have to reject this plea out of hand. 24. The applications are accordingly dismissed.
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1999 (11) TMI 903
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... ... ..... ntainable in view of the statutory alternate remedy available, has protected the writ petitioner by giving a direction that if the appeal is filed within six weeks, the same shall be decided on merits expeditiously within a period of six weeks without taking the technical objection of limitation. In our view, in the facts of the case, learned single Judge was justified in relegating the petitioner to statutory alternate remedy. While doing so, learned Judge has considered expedient to protect the petitioner, by giving appropriate direction. There is no obligation on the Court to give such protection, as such, it cannot be taken as precedent. It depends upon the facts of each case. Thus, the order of the learned Judge calls for no interference by us. 17. In view of the aforesaid, we find no merit in this special appeal and the same is accordingly dismissed in limine. However, we extend the protection given by the learned single Judge to be computed from the date of this order.
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1999 (11) TMI 902
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... ... ..... pal & Anr., , Justice Krishna Iyer had directed that if on a reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, the Court should exercise its power under Order VII of the Code. In that case the plaint was rejected by the Apex Court. These provisions were also resorted to in the case of I.T.C. Limited Vs. Debts Recovery Appellate Tribunal & Ors., 9. In my considered opinion the suit deserves to be rejected at the threshold for the reason that it is not open to the Plaintiff to agitate, in 1996, that the suit property was benami in the hands of Defendant No.1. This plea is barred under Section 4(1) of the Act. No purpose whatsoever will be served in keeping the litigation alive; it is not in the interest of justice of any of the parties since its considerations has been statutorily barred. I accordingly dismiss the suit; but in the circumstances of the case leave the parties to bear their respective costs.
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1999 (11) TMI 901
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... ... ..... ith Section 38 of the Act clearly projects the legislative intention of spreading the beneficial network of the Act sufficiently wide for covering all employees working for the main establishment covered by the Act even though actually stationed at different branches outside the State wherein the head office of he establishment is located. In any case, the said construction can reasonably flow from the aforesaid statutory provisions. If that is so, any other technical or narrower construction, even 'if permissible, cannot be countenanced, as that would frustrate the legislative intent underlying the enactment of such a beneficial social security scheme. 30. In the result, the impugned decision rendered by the Division Bench of the High Court cannot be found fault with and remains well sustained on the statutory scheme as applicable to the admitted and well established facts on record. The appeal, accordingly, fails and is dismissed with costs quantified at ₹ 20,000.
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1999 (11) TMI 900
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... ... ..... n interest receivables (sundry debtors) is set aside and the matter is remanded to the original authority for the following purposes - (a) To reconsider the appellants claim for deduction of interest on receivables (sundry debtors) in the light of the Hon'ble Supreme Court decision as contained in para-66 of the first order read with para-16 of the second order which has already been discussed by us above. (b) Thereafter to recompute the net duty payable in terms of decision arrived at on the question at sub-para (a) above as also reliefs given to the appellants on the other issues in the Order-in-Appeal impugned which we have not set aside and therefore which continue to remain in force. 12. It is hereby clarified that while arriving at this computation, the original authority shall take into consideration all submissions on facts of payment of duties earlier which may be made considered before him and which he may consider to be relevant to the issue. Order accordingly.
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1999 (11) TMI 899
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... ... ..... ry on the basis of FIR registered by the complainant are concerned, we also find that the High Court was not justified in interfering with the same and quashing the proceedings by an elaborate discussion on the merits of the matter and in coming to the conclusion that Section 195 of the CrPC will be a bar. In our opinion, it was rather premature for the High Court to come to the aforesaid conclusion and on account of the orders passed, the investigation into several serious allegations are being throttled. We, therefore, set aside the orders quashing the two complaints and the investigation made thereunder and direct that those cases may proceed in accordance with law. Needless to mention that our setting aside the impugned order does not tantamount to expression of our opinion on merits and the accused, therefore, may not feel aggrieved and are entitled to take any appropriate remedy that is available to them under the law. 6. Criminal Appeals are allowed in the above terms.
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1999 (11) TMI 898
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... ... ..... e forums, this Court need not interfere with the same and it was open for the parties to enter into a compromise at an earlier stage when the appeal was pending. Now this Court need not show any indulgence. There is some force in the aforesaid contention. But taking into consideration the nature of offence in question and the fact that the complainant and the accused have already entered into a compromise, we think it appropriate to grant permission, in the peculiar facts and circumstances of the present case, to compound. 3. Necessarily the conviction and sentence Under Section 138 of the Act stands annulled. The special leave petition is disposed of accordingly.
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1999 (11) TMI 897
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... ... ..... ts of justice do not require us to interfere. The civil appeal is dismissed.
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1999 (11) TMI 896
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... ... ..... RDER Delay condoned. The appeal is dismissed.
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1999 (11) TMI 895
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... ... ..... p.m. Now, when the appeals are called out again, the appellant remains unrepresented. The Civil Appeals are dismissed for default. No order as to costs.
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1999 (11) TMI 894
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... ... ..... ssed. There may be a number of contentions which can be raised against the assessed income or have already been raised and have become final in appeal, revision, reference, etc. In reassessment proceedings on the income from interest of ₹ 13,000 has been determined by reassessment which will not affect the assessment which has already been made on the figure of ₹ 1,60,90,603. Following the decision given in the case of Modi Industries Ltd. 1995 216 ITR 759 (SC), we are of the view that the liability of interest under sections 139(8) and 215 could be restricted up to the date of assessment and it cannot be said that there is no liability of interest under sections 139(8) and 215 in respect of the default which has already been found and determined in the assessment proceedings and for which directions were given to charge the interest in the assessment proceedings and has been computed in compliance thereof. The ITRC stands disposed of with the above observations.
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1999 (11) TMI 893
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... ... ..... perate new accounts in the names of the forge division and track components divisions respectively. If there are any outstandings from any customers on the supplies made prior to January 1, 1999, then realisation of the same will be credited to the accounts standing in the name of the company. Till the partition is effected, no general body meetings of the company will be convened or held either by the company or by any shareholder. This would safeguard the apprehensions of the respondents arising out of the transfer of shares to VLS Finance. 21. Once the modalities of the division are worked out and the value of the shares and the forge division is determined, the parties may approach us for a formal order for disposal of the petition. All the parties, including the financial institutions are at liberty to apply to us in the case of any need. 22. Let a copy of this order be sent to the ICICI and State Bank of India, Kanpur, drawing their attention to para. 21 of this order.
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1999 (11) TMI 892
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... ... ..... l Judge rejected the contention relying upon the decision in Steel Authority of India Ltd. v. State of West Bengal & Ore., reported in 1998 (80) FLR 245 and we do not find any reason to differ from the same. Moreover, the notification dated 28.6.82 issued by the State Government as the appropriate authority was acted upon by the Appellants and the same was never challenged till the filing of the affidavit-in-opposition in the writ petition before the learned Trial Judge. 20. The respondents herein would, however, be entitled to get the arrear of pay in the appropriate scale of pay after their absorption in the regular service from the month of December, 1996 when the Judgment of the Supreme Court in Air India Statutory Corporation was passed and the direction of the learned Trial Judge is modified accordingly. The appeal is otherwise devoid of any merit and the same is disposed of accordingly without any order as to costs. Ruma Pal, J. 21. I agree. 22. Appeal disposed of
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1999 (11) TMI 891
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... ... ..... rendered in Switzerland would be a paper award, unenforceable and of no value is misconceived. The Ordinance of 1996 provides for enforceability of the same. The New York Convention of Recognition and Enforcement of Foreign Arbitral Awards has been in force in India since 1960, in Australia since 1975 and is also enforceable in Czech Republic. The experience reveals that majority of the ICC awards are enforced. 71. On consideration of the totality of facts and circumstances, the petitioner has not made out a strong case for the grant of interim relief. The balance of convenience is not in favor of the petitioner. No irreparable injury is likely to be caused to the petitioner in case the injunction granted by this Court is vacated. Accordingly, the ex-parte ad interim injunction granted by this Court on December 19,1997 is hereby vacated. 72. This O.M.P. is accordingly disposed of. In the facts and circumstances of this case, the parties are directed to bear their own costs.
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1999 (11) TMI 890
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... ... ..... contention now is no ground for quashing the prosecutions. 2. All the same, considering the plight of the petitioner in defending prosecution proceedings instituted at various places in India on the strength of the cheques issued by the Company of which he was the Director, we permit the petitioner to move the Court concerned (before which the prosecution is pending in any of the cases) for exempting him from personal appearance. This can be done only after making the first appearance in the Court concerned. If any such application is filed by the petitioner, we direct the Court concerned to exempt him from personal appearance on the following conditions 1. A counsel on his behalf would be present in the particular Court on days when his case is taken up; 2. He will not dispute his identity as the accused in the case. 3. He will be present in Court when such presence is imperatively needed. With the aforesaid reliefs granted to the petitioner we dispose of the writ petition.
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1999 (11) TMI 889
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... ... ..... forfeiture of the security deposit had been made out. However, this point was not agitated before me and in the estimation of the learned Arbitrator he was of the opinion that the forfeiture of the security deposit sufficiently compensated the Union of India for the Contractor's failure to deliver goods. 7. There is no justification for assailing the Award, as sought to be done in these Objections, merely because the claim of the Union of India for the differential between the contracted price and the price in the second Risk Purchase, has been turned down. The Arbitrator has not misconducted either himself or the proceedings. There is no error apparent on the face of the record which would warrant the setting aside of the Award. 8. I accordingly reject the application and make the Award Rule of the Court. The Union of India will pay costs of ₹ 3000/- to the Petitioner/Contractor. 9. Decree sheet he drawn up accordingly. 10. The Award shall form part of the decree.
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1999 (11) TMI 888
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... ... ..... ppeals) that no demand for recovery of basic excise duty under Tariff 15(a)(2) had ever been made upon the Respondent. The civil appeals are dismissed. No order as to costs.
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1999 (11) TMI 887
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... ... ..... perate new accounts in the names of the forge division and track components divisions respectively. If there are any outstandings from any customers on the supplies made prior to January 1, 1999, then realisation of the same will be credited to the accounts standing in the name of the company. Till the partition is effected, no general body meetings of the company will be convened or held either by the company or by any shareholder. This would safeguard the apprehensions of the respondents arising out of the transfer of shares to VLS Finance. 21. Once the modalities of the division are worked out and the value of the shares and the forge division is determined, the parties may approach us for a formal order for disposal of the petition. All the parties, including the financial institutions are at liberty to apply to us in the case of any need. 22. Let a copy of this order be sent to the ICICI and State Bank of India, Kanpur, drawing their attention to para. 21 of this order.
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1999 (11) TMI 886
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... ... ..... eeding under the Act. 11. In this case, the impugned latter meets with all the requirements of Section 133(6). It is issued by a specified Officer. It refers to the prior approval of the Director of Income Tax (Inv), Bangalore has been obtained under Section 133(6) of The Act. It is evident that the information, called for will be useful or relevant for an enquiry under the Act. There is not infirmity in the latter dated 1-10-1999. The petitioner is therefore bound to furnish the information sought. In view of above, there is not merit in this petition. 12. Learned counsel for petitioner states that the time given for furnishing the information expired on 20-10-1999 and the petitioner may be permitted to furnish the information within on month from this dated. The learned counsel for the department has not objection for grant of such time. 13. Subject to grant to time as above, the petition is rejected. 14. Sri Seshachala is permitted to file memo of appearance in six weeks.
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1999 (11) TMI 885
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... ... ..... . ORDER Delay condoned. The civil appeal is dismissed.
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