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1999 (9) TMI 1006
... ... ... ... ..... be subject to the respondent establishing that there is no unjust enrichment in view of the judgment of this Court in Mafatlal Industries Ltd. v. Union of India - 1997 (89) E.L.T. 247 (S.C.)
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1999 (9) TMI 1005
... ... ... ... ..... e insurance/guarantee possibly would stand discharged from its liability to the insured on the exporters delivering the documents of export of goods to the insured, prima facie, the principal debtor would still remain subsisting. Thus, even this pre-requisite for the liability to be called a debt as contemplated by the Act having been satisfied the suits filed by the bank should have been treated by the High Court as proceedings for recovery of the debts. 12. For the reasons stated above, we are of the view that the High C....... + More
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1999 (9) TMI 1004
... ... ... ... ..... Lajpat Nagar Police Station to produce the child indicates that the entire episode is by way of stage maneuvering. We, therefore, find sufficient force in the submissions of learned Counsel for the appellants. But having had the opportunity of ascertaining the views of young Akansha, as already stated, and in view of our conclusion that the child does not want even to talk to adoptive parents, we are not inclined to interfere with the direction of the Delhi High Court allowing the custody of Akansha to the natural mother u....... + More
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1999 (9) TMI 1003
... ... ... ... ..... tax paid in cases where the declarations are ineligible under Section 64(2), such a forfeiture would be confiscatory and unconstitutional, unless it is properly qualified. It was further held It appears to us that the intention of this section was only to state that there will be no cash refund of the tax paid in pursuance of the declaration made under sub-section (1). It will not, however, stand in the way of adjustment of the amount if the declaration itself is not acceptable as not falling under Section 64(1) . 8. There....... + More
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1999 (9) TMI 1002
... ... ... ... ..... t a grossly premature stage as this. For all the aforesaid reasons we are unable to concur with the impugned judgment. We, therefore, quash it. Learned counsel for the respondents invited our attention to the fact that all the accused persons arrayed in the complaint are residing at Indore in Madhya Pradesh and he apprehends that revival of investigation in the case would most probably embroil them in a miserable position if they are arrested. We considered that aspect in the view we now take and we also foresee such a pli....... + More
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1999 (9) TMI 1001
... ... ... ... ..... the written statement. The objection was pressed and pursued by arguing the same before the Court. However, the petitioner persisted in pursuing the petition without proper verification which the petitioner should not have been permitted to do. In our opinion, unless the defect in verification was rectified, the petition could not have been tried. For want of affidavit in required form and also for lack of particulars, the allegations of corrupt practice could not have been enquired into and tried at all. In fact, the pres....... + More
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1999 (9) TMI 1000
... ... ... ... ..... her those functions could be considered sufficient to hold that he was in charge of the affairs of the company are matters which have to be gone into during the trial. The trial court will come to its own conclusion on this aspect and the observations in this order shall not be related as findings of fact. 19. In the result, the criteria laid down by the Supreme Court in the case of State of Haryana v. Bhajan Lal 1992CriLJ527 cannot be said to have been satisfied in this case. 20. In the result, this petition is dismissed........ + More
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1999 (9) TMI 999
... ... ... ... ..... ould be that justice may be done and not to deny justice on sheer technicalities under the garb of law. That when additional powers are available under 227, this Court may not exercise jurisdiction under sec. 115 CPC, but there is no bar to the exercise of jurisdiction under Article 227 of the Constitution, particularly in such a case, where the order of the Court below tantamounts to illegal refusal to exercise the jurisdiction vested in it and refusal to try the suit on merits and has the tendency to cause injustice and ....... + More
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1999 (9) TMI 998
... ... ... ... ..... Motion No. 1272 of 1999 is made absolute in terms of prayer Clause (a). Prayer Clause (a) reads as under (a) That the suit be dismissed under Order 7, Rule 1 l(a) of the C.P.C., 1908 and other applicable provisions, as being without jurisdiction . Notice of Motion No. 1638 of 1999 is also made absolute in terms of prayer Clause (a). Prayer Clause (a) reads as under (a) Order the plaint in Suit Lodging No. 2284/99 to be struck out as being unnecessary, scandalous frivolous and vexatious and also being an abuse of the proces....... + More
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1999 (9) TMI 997
... ... ... ... ..... h entitled them to a writ of mandamus or any other directions of a like nature; and pending such determination it might have made a suitable interim order for maintaining the status quo ante. But when the court declined to decide on the rights of the parties and expressly held that they should be investigated more properly in a civil suit, it could not for the purpose of facilitating the institution of such suit, issue directions in the nature of temporary injunctions, under Article 226 of the Constitution. The language of....... + More
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1999 (9) TMI 996
... ... ... ... ..... es, the Court below is fully justified and competent to direct the petitioners to deposit the amount of outstanding dues of the respondent advocate and to reject the applications exh. 77 and 79 of the petitioners wherein the Court was informed about discharge of the respondent advocate and adjournments were sought for. 25. In the facts and circumstances of the case, the petition has no merit and deserves to be dismissed. Accordingly, this petition is dismissed on merits. The interim order passed by this Court stands vacate....... + More
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1999 (9) TMI 995
... ... ... ... ..... had intended to include officers of instrumentality or agency for brining such officers under the protective umbrella of Section 197, Cr.P.C. it would have done so expressly. Therefore, it will not be just and proper to bring such persons within the ambit of Section 197 by liberally construing the provisions of Section 197. Such exercise of liberal construction will not conform to the permissible limit of interpretation of a statute by a Court of law but will amount to legislation by Court. Thus, in his capacity as Managin....... + More
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1999 (9) TMI 994
... ...
... ... ..... he appeal is admitted. Tag with Civil Appeal D. No. 9293/99. No Stay
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1999 (9) TMI 993
... ... ... ... ..... y in the cause title of the plaint. 10. Thus the matter would have to be permitted to go to trial. Even otherwise the courts are very reluctant to dismiss a plaint at the threshold unless the plaint is plainly and obviously devoid of any cause of action. This can only be when the plaintiff does not even have an arguable case. Such is not the situation in the present case. In my view, the plaintiffs have made out a prima facie arguable case. In view of the fact that I have, prima facie, come to the conclusion that the arres....... + More
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1999 (9) TMI 992
... ... ... ... ..... (ii) is answered accordingly. 16. As regards question of law No. (iii) that the State of Madhya Pradesh is a proforma party and has to be impleaded under Order 1, Rule 3-B, Civil Procedure Code, the omission to implead the State of Madhya Pradesh as a party is an irregularity and not an illegality. Irregularity can be cured. This view is taken by a Division Bench of this Court in the case of Brijraj Singh v. Shrimati Bitto Devi, 1991 (2) MPJR 279. 17. The plaintiff/respondent has also moved an application I.A 6265/99 befor....... + More
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1999 (9) TMI 991
... ... ... ... ..... le into any area of the State of Tamil Nadu for use or sale therein. The ban under Article 286(2) is only on the sale or purchase which occasions such import, whereas the tax under Section 3(1) is on the entry of motor vehicle into any local area. Hence the contra arguments made by the learned counsel for the petitioner cannot be accepted. The decision of this Court reported in R. Gandhi v. Union of India, 1997(3)CTC255 , is an answer to the constitutionality of the impugned Act. Hence it is unnecessary to discuss the same....... + More
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1999 (9) TMI 990
... ... ... ... ..... by the witness that the jeep meant for government officer was used by the Congress workers is not established as having been done at the behest of the returned candidate. Therefore, this view of the learned Judge has got to be upheld. He also noticed that there was no clear or direct evidence to prove that the first respondent has misused his official position as a sitting member of the Legislative Assembly. We agree. In the result, we allow the appeals C.A.Nos. 7395-7396/97 filed by the returned candidate and set aside th....... + More
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1999 (9) TMI 989
... ... ... ... ..... basis of when the reserved candidate at level 3 would have got his normal promotion, treating him as junior to the senior general candidate at level 3. Chander Paul v. State of Haryana (1997)10SCC474 has to be understood in the manner stated above. 96. We hold accordingly on Point 4. 97. We dispose of the clarification applications IAs 1 to 3/98 filed by the State of Punjab accordingly and hold that Ajit Singh and Virpal lay down the correct law and not Jagdish Lal, which must be considered as confined to correct law and n....... + More
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1999 (9) TMI 988
... ... ... ... ..... pproved, which inter alias also laid down that if there is a possibility of the defendant succeeding and thereby bringing about termination of the proceedings by an order being passed the other way, the order would be an appealable because the order involves an adverse determination or adjudication to a valuable right of the defendant. 12. There is no manner of doubt that upholding of the objection of the appellant ultimately is likely to have an effect of terminating the proceedings initiated by the respondent as was orde....... + More
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1999 (9) TMI 987
... ... ... ... ..... roceeding is concluded, question of making any payment pursuant to the order of this Court would not arise. In view of the stand taken by the Management in the show cause filed, we see no justification for initiating a contempt proceeding, as in our view the non-payment of the alleged due is not on account of any deliberate violation of the Court's orders, but on account of the pendency of a departmental proceeding. 2. The Contempt Petition is accordingly dismissed.
