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2000 (10) TMI 985
... ... ... ... ..... plaintiff in O.S. 65/1988). It was filed for a decree of permanent injunction to restrain the defendant from trespassing into the plaint schedule properties on the allegation that Nagakumar having no right over the properties after the death of Jinachandra Gowder is trying to trespass into the property and trying to cause obstruction to the enjoyment of the plaintiffs. The defendant filed a written statement denying the plaintiffs' right. The trial Court dismissed the suit holding that the defendant as a co-sharer to t....... + More
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2000 (10) TMI 984
... ... ... ... ..... on of action under Section 138 of the Negotiable Instruments Act as the accused committed the offence punishable under Section 138 of the Negotiable Instruments Act. In fact it is not to his disadvantage but it is an advantage that a single complaint is lodged against the accused by the complainant. The cause of action giving raise to a complaint is upon the service of notice contemplated under Section 138(b) of the Negotiable Instruments Act and not upon the dishonour of the cheques and therefore the contention canvassed ....... + More
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2000 (10) TMI 983
... ... ... ... ..... nd has to pronounce the judgment in all circumstances. But the decision of the Supreme Court in Arjun Singh's case (supra) clearly lays down that for the parties, there is no hiatus between closure of the case for judgment and pronouncement of the judgment and therefore, the parties cannot move any application as there is no stage in between closure of the case for pronouncement of the judgment and actual pronouncement of the judgment. 11. A single Bench decision of the Bombay High Court in Celestina Rosario v. Mrs. Ha....... + More
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2000 (10) TMI 982
... ... ... ... ..... requires condemnation. 5. What has been stated by A. Raman, J. in the decision cited supra, squarely applies to the facts of the instant case also. All the defects pointed out by the learned Judge in that case cited supra are glaring in the order passed by the learned Judicial Magistrate in the instant case. 6. The view expressed by A. Raman, J. in the decision cited supra, has been reiterated by K. Matarajan, J. in Sri Shanmugha Priya Finance and Chits Rep. by its Manager N. Murugeshv. V. Durairaja, 1999 (2) MWN (Cri) 89........ + More
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2000 (10) TMI 981
... ... ... ... ..... Bench decision of the Tribunal in the case of Kirloskar judgment on 1.6.1994. In as much as the period involved in the present appeals is prior to 1.6.1994, it can be safely concluded that the other judgments of the Tribunal, which were in favour of the assessees, formed the basis for the appellants to entertain the bona fide reasonable belief that the Modvat Credit would still be available to the manufacturer in case the final product is cleared under Chapter X Procedure. In any case, the other two judgments relied upon b....... + More
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2000 (10) TMI 980
... ... ... ... ..... situation would be readied where the parties with rival and conflicting interests would come to be arrayed as co-plaintiffs. It is better in the interest of all parties that the plaintiffs who have abandoned the suit are transposed as defendants in view of the new developments. The proper order to be passed in I. A. No. 3993/97 is therefore to transpose the 6th defendant as a plaintiff and to transpose the plaintiffs who have abandoned the suit as defendants. 8. The prayer in I.A. 3993/97, in the circumstances, is allowed ....... + More
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2000 (10) TMI 979
... ... ... ... ..... the male heirs, the second and third defendants in O.S. No. 112 of 1986 are the citizens of Singapore and therefore they are not entitled to be trustee. They did not also appear and were set ex parte. The next male heir is only the second defendant and he is a resident of Nagoor, working as Accountant in Dhurga. He is entitled to be trustee and he can maintain the properties mentioned in Ex.A4 settlement deed and he can also recover the A schedule property from the plaintiff. It is decided accordingly. 18. For the reasons ....... + More
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2000 (10) TMI 978
... ... ... ... ..... aring in mind the ratio of the aforesaid cases and applying the same to the facts of the present case as indicated in the complaint itself, we have no hesitation to come to the conclusion that the appellant had been directed by the Sub-Divisional Magistrate to be present with police force and remove the encroachment in question and in course of discharge of his duty to control the mob, when he had directed for opening of fire, it must be held that the order of opening of fire was in exercise of the power conferred upon him....... + More
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2000 (10) TMI 977
... ... ... ... ..... reason of the increase in the height of the dam by 5 meters from its present level have already been satisfactorily rehabilitated and also that suitable vacant land for rehabilitating all those who will be ousted by the increase in the height of the dam by another 5 meters is already in the possession of the respective States. (8) This process shall be repeated for every successive proposed 5 meter increase in the dam height. (9) If for any reason the work on the Project, now or at any time in the future, cannot proceed an....... + More
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2000 (10) TMI 976
... ... ... ... ..... lawyers has become a matter of acute concern not only for the Courts but also for the professional bodies such as the Bar Council and the Advocates' Association etc. In past deliberations were made both formally and informally to evolve some regulatory mechanism for lawyers. A Division Bench of this Court had in fact suggested framing of rules regarding Advocates-on-record on the pattern of the Supreme Court. Requests in this connection have also come from the Bar Council and the Advocate General. I should take this op....... + More
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2000 (10) TMI 975
... ... ... ... ..... After hearing the learned counsel for the department, we do not find any substnatial question of law involved in the appeal. It is accordingly dismissed.
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2000 (10) TMI 974
... ... ... ... ..... e a reference to the nature of the debt or liability and not the person against whom the debt or liability can be enforced. 20. In K. Krishna Bai v. Arti Press, 1991 Mad LW (Cri) 513, it was held that the impugned cheque issued by M/s. Mudra Graphics Private Limited account for a legally enforceable debt of M/s. Surya Advertising Private Limited would come within the purview of Section 138 of the Negotiable Instruments Act. Therefore, I do not find any force in the contention of the learned counsel for the petitioner that ....... + More
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2000 (10) TMI 973
... ...
... ... ..... Appeal admitted. No stay. Tag with C.A. Nos. 5862-63/1999.
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2000 (10) TMI 972
... ... ... ... ..... s accepted by the respondent without any protest as is apparent from the letter of the claimant-contractor and the question had been raised before the arbitrator in respect of the claim item No. 2 by the Union of India, we think it appropriate to hold that so far as claim item No. 2 is concerned, the same could not have been a matter of reference of an arbitrable dispute and as such, the award of the arbitrator to that extent must be set aside. So far as the order claim items are concerned, the Union of India not having ta....... + More
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2000 (10) TMI 971
... ... ... ... ..... of the provisions of section 409 is that an acquirer of shares in a company should not be allowed to change the Board with the strength of the shares so acquired. In the present case, what is sought is that such an acquirer should he allowed to have a say in the composition of the Board against the desire of the existing majority, which according lo us would be contrary to the objective of section 409. Therefore, we find that this petition, in facts of this case, is misconceived and accordingly deserves to be dismissed. In....... + More
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2000 (10) TMI 970
... ... ... ... ..... 96)6SCC234 We are surprised to find that in spite of the above catena of decisions of this Court, the learned Judge did not, before making the remarks, give any opportunity to the appellants, who were admittedly not parties to the revision petition to defend themselves. It cannot be gainsaid that the nature of remarks the learned Judge has made, has cast a serious aspersion on the appellants affecting their character and reputation and may, ultimately affect their career also. Condemnation of the appellants without giving ....... + More
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2000 (10) TMI 969
... ... ... ... ..... tter in issue is directly and substantially the same and the parties are also the same namely M/s Sehgal Knitwears and M/s Shreshth International. Substratum of the relief claimed in the Ludhiana suit will impinge upon the relief claimed in the Delhi suit. Similarly relief claimed in Delhi suit will impinge upon the relief claimed at Ludhiana suit. In this case, the foundation for the cause of action for M/s Sehgal Knitwears and M/s Shreshth International is substantially the same so far as the substratum of the case of ea....... + More
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2000 (10) TMI 968
... ... ... ... ..... ager, who is not authorized to file the complaint was not maintainable. It has been observed by His Lordship that even if the company or the complainant is represented by the Manager, such Manager shall necessarily be an authorized Manager so that the Magistrate can take cognizance of the offence. I am in respectable agreement with the view expressed by His Lordship. 13. In view of the circumstances of the case narrated above and in view of the law as laid down in the above cited decision, I have no hesitation to hold that....... + More
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2000 (10) TMI 967
... ... ... ... ..... ong with the appeal. Had the Court found the documents necessary to pronounce the judgment in the appeal in a more satisfactory manner, it would have allowed the same; if not, the same would have been dismissed at that stage. But taking a view on the application before hearing of the appeal, in our view, would be inappropriate. Further the reason given for the dismissal of the application is untenable. The order under challenge cannot, therefore, be sustained. It is accordingly set aside. The application is restored to its....... + More
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2000 (10) TMI 966
... ... ... ... ..... he affairs of any of the subsidiaries, he is at liberty to move a separate petition before us in terms of section 214(2) read with section 235. 40. It was argued by the counsel for the petitioner that the group as a whole is a family group and as such he cited some judgments as to the nature of just and equitable reliefs that could be granted. We are not dealing with the same in detail as the relief to be granted will have to be decided finally after the hearing the petition on merits. 41. In view of the foregoing we direc....... + More
