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1999 (7) TMI 715
... ... ... ... ..... of the Act instead of holding that one of them is repealed by the other.......... 21. The result of above discussion is that the election of respondent No. 6 Jagdish Sankhyan to the post of President and further nominations by him to the posts of Vice-president, Cashier, other Office-Bearers and Members of the Managing Committee are illegal, non est and do not confer any right on respondents Nos. 6 to 8, other Office-Bearers and Members of the Managing Committee. In this view of the matter, we have no option but to accept ....... + More
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1999 (7) TMI 714
... ... ... ... ..... the intention of the legislature when the language of the provision is plain and unambiguous. Court cannot rewrite, recast or reframe the legislation. (Union of India Vs. Devki Nandan Aggarwal AIR 1991 SCW 2754; State of Kerala Vs. Mathai Verghese 1987 CriLJ 308 . Consequently, it would be impermissible to hold that second proviso to Section 81 is broader in itself as would also govern a case where an accused has not been arrested in execution of warrant under Section 78 of the Code. I am, Therefore, of the opinion that th....... + More
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1999 (7) TMI 713
... ... ... ... ..... cause of concern which had drawn attention of the kings and his subject since ancient time, the Government and the Courts of various countries Including ours. From the above observations and the other discussion made by the learned Judges in the Supreme Court case of M/s. B.R. Enterprises (supra), it is clear that the nature of the agreement for payment of a prize won on a lottery ticket continues to be in the nature of a wager to which the provisions of Section 30 of the Contract Act would be applicable irrespective of th....... + More
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1999 (7) TMI 712
... ... ... ... ..... the agreement. The contention of the applicant that since the agreement specifically provided that the arbitration should be in accordance with the Indian Arbitration and Reconciliation Act, 1996, they are entitled to enforce the arbitration clause without resorting to the earlier steps, is absolutely untenable. 12. Therefore, in view of the fact that the applicant has filed this arbitration request to appoint an arbitrator in accordance with the arbitration clause provided in Ext. P4 agreement without resorting to or comp....... + More
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1999 (7) TMI 711
... ... ... ... ..... ector of Enforcement to conduct investigation and inquiry and to complete the same by filing a report before the concerned Court. The consequential prayers asked for by the Appellant will depend upon the investigation to be conducted by Respondents 1 to 3. The decisions cited Supra categorically held that under section 188 of the Code of Criminal Procedure, the Kerala Police can conduct investigation into offences committed abroad add no sanction therefore of the Central Government is necessary. In view of the above decisi....... + More
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1999 (7) TMI 710
... ... ... ... ..... tial portion of the loan amount, the guarantor need pay only the balance. In other words, all that a guarantor is liable for is, the reminder left after adjusting the payment made by the principal debtor. The decision cited by the Appellant as indicated above, are not sufficient, to drive this Court to a different conclusion in this case. Therefore, there arise no situation for answering the substantial question of law involved in the case in favour of the Appellant. Moreover, Section 145 makes it clear that in every contr....... + More
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1999 (7) TMI 709
... ... ... ... ..... raud. There is no necessity for a document writer to write a promissory note, especially when Ex.A.1 is in a printed form, and, except the amount and signature, all other details are printed. The lower Court has found fault with the evidence of P.W.1 on the ground that some portions of Ex.A.1 seem to have been obliterated. It assumed that the plaintiff wanted to give a colour of genuineness for the same. I do not find any justification in coming to that conclusion when the defendant himself has no such case. 15. I find tha....... + More
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1999 (7) TMI 708
... ... ... ... ..... in which the common component is criminal breach of trust. When the offender in the offence under Section 406 is a public servant (or holding any one of the positions listed in the section) the offence would escalate to Section 409 of the Penal Code. When this Court held that in regard to the offence under Section 409 of the IPC read with Section 120B it is no part of the duty of the public servant to enter into a criminal conspiracy for committing breach of trust, we find no sense in stating that if the offence is under S....... + More
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1999 (7) TMI 707
... ... ... ... ..... d part, the inquiry cannot be whether the accused has brought anything suddenly or unexpectedly but whether the court is right in thinking that the new evidence is needed by it for a just decision of the case. 12. Chinnappa Reddy, J. has also observed in the same tone in Ram Chander v. State of Haryana 1981CriLJ609. 13. We cannot therefore accept the contention of the appellant as a legal proposition that the Court cannot exercise power of re-summoning any witness if once that power was exercised, nor can the power be whit....... + More
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1999 (7) TMI 706
... ... ... ... ..... ances the High Court ought not to have entertained a petition under Section 482 of the Code and stonewalled the very efficacious alternative remedy of appeal as provided in the Code. Merely because the accused made certain allegations against the trial judge the substantive law cannot be bypassed. 10. In this view of the matter, this appeal is allowed and the order passed by the High Court entertaining the petition under Section 482 and the other interim orders passed thereunder are quashed. The learned Sessions Judge is d....... + More
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1999 (7) TMI 705
... ... ... ... ..... ot; 8. Accordingly, suit is dismissed against defendants No. 3 and Office is directed to make an endorsement to that effect in red ink in the title of the plaint against the name of 3rd defendants. 9. By the order dated 28-6-99 the suit has also been dismissed for want of jurisdiction against 1st defendant. Office is directed to make necessary endorsement by red ink in this title of the suit against the name of the 1st defendant as well. 10. Notice of motion stands disposed of as aforesaid. 11. The written statement filed ....... + More
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1999 (7) TMI 704
... ... ... ... ..... msp;We have gone through the facts on record. We find that both the Asstt. Collector of Central Excise, Bombay, who had adjudicated the matter and the Collector of Central Excise (Appeals), Bombay, had held that the goods in dispute were not the carpets and floor mattings but were accessories of motor vehicles. The goods in dispute are canvas canopy, floor matting and seat covers for motor vehicles. Floor matting was made from jute coated with PVC. Other items also were not used as floor coverings. The Collector of Central....... + More
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1999 (7) TMI 703
... ... ... ... ..... s, the appeals stand partly allowed and it is directed that the Civil Writ Petition No. 17490/90 filed in the High Court by the respondent seeking a writ of mandamus giving effect to the promotion of the appellant with effect from 1.1.1986 shall stand allowed and the orders made by the learned Single Judge as also by the Division Bench in that regard are maintained. The Civil Writ Petition No. 12577/92 seeking quashing of the charge-sheet dated 3.12.1991, subsequently amended to seek the relief of setting aside the punishm....... + More
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1999 (7) TMI 702
... ... ... ... ..... 34. Under these circumstances, the impugned Government Orders down-grading the posts of Secondary Grade Teacher and Specialist Teacher drawing Secondary Grade scale of pay as Secondary Grade (Junior) Teacher and Specialist Teacher (Junior) respectively on consolidated emoluments of ₹ 800 per month in Government, Local Body (Municipal/Corporation/Township/Panchayat Union) and Aided Schools in the year 1990-91 on account of retirement, resignation, death etc., are void. All appointments made in pursuance of the impugne....... + More
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1999 (7) TMI 701
... ... ... ... ..... exercise jurisdiction under Section 482 of the Code. Rather in a case under Section 125 of the Code trial court is to take a prima facie view of the matter and it is not necessary for the court to go into the matrimonial disputes between the parties in detail. Section provides maintenance at the rate of ₹ 500 per month. There is outcry that this amount is too small. In the present case, however, we are quite surprised that the court granted paltry amount of ₹ 200 per month as maintenance which was confirmed in ....... + More
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1999 (7) TMI 700
... ... ... ... ..... e facts and circumstances of each case. The steps taken in the suits are proper in law and on facts of the case, they call for no need to retrace the order passed by the learned trial Court. 24. I am unable to agree with the contention that the learned trial Court has fallen in error of jurisdiction in dismissing the application at this stage and hold that there are triable issues which cannot be rejected at the threshold and the parties must be permitted to conclude their evidence. Being unable to see any error of jurisdi....... + More
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1999 (7) TMI 699
... ... ... ... ..... 8377; 25,000/- under Ex.A26 admittedly received by the defendants. On the basis of these two entries he had granted a decree for ₹ 2,15,000/-. It is pointed out that ₹ 1,83,000/- plus ₹ 25,000/- comes to ₹ 2,08,000/- and not ₹ 2,15,000/-. Further the plaintiff has not filed the suit on the basis of the accounts and there is no counter claim by the defendants. Therefore the learned trial Judge committed an error in decreeing the suit on the basis of alleged admission made by the defendant in Ex....... + More
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1999 (7) TMI 698
... ... ... ... ..... py land is granted by the State Government and he was not entitled to hold the land as a Bhumiswami was to be called a Government lessee in respect of such a land subject to the rights and liabilities as stipulated under section 182 of the M.P. Land Revenue Code. The Revenue Officer contemplated under section 182 of the M.P. Land Revenue Code acts on behalf of the State. The State itself had chosen to get its grievance, if any, redressed before the forum stipulated in the deed of lease. It could not by its unilateral actio....... + More
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1999 (7) TMI 697
... ... ... ... ..... iff to value his claim for the purposes of the court fee. In exercising the aforesaid liberty, the plaintiffs have valued the suit for the purposes of court fee and jurisdiction at ₹ 200/- and accordingly affixed court fee of ₹ 25/- on the plaint. 8. The aforesaid plea of the learned counsel is wholly unacceptable in law keeping in view the fact that primary relief claimed by the petitioners-plaintiffs is for cancellation of the registered sale-deed dated 24th July, 1997 by defendant No. 2 in favour of defendan....... + More
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1999 (7) TMI 696
... ... ... ... ..... pur Sahkari Katai Mills filed declaration under KVS Scheme and their declaration was accepted and on deposit of requisite amount their appeal filed in the Tribunal was dismissed as withdrawn vide Final Order No. A/23/99 NB (DB) dated 7.4.99. The Tribunal in the case of Quality Fabricators Erectors Vs. CCE, Baroda reported in 1999 (33) RLT 122 in the similar situation where the dispute of the main party was settled under KVS Scheme in favour of the assessees on which only was imposed held that in view of appeal of the main ....... + More
