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2001 (3) TMI 1090
... ... ... ... ..... issue relates to Modvat. Issue with reference to maintainability of the appeal in respect of Modvat credit has already been considered by us as per our earlier Order No. 249-299/2001 dated 27.2.2001. Following the ratio of the aforesaid decision, this appeal is dismissed as not maintainable. (Pronounced and dictated in open court)
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2001 (3) TMI 1089
... ... ... ... ..... standing on the road whereas the other accused were busy committing the crime inside the house. The exaggerated version of PW3 regarding the participation of Pavitri Devi by allegedly catching hold of his mother's hair cannot be accepted as PWs 1 and 2 have not supported the aforesaid version. The High Court was, therefore, justified in holding that Pavitri Devi, A3 did not share the common intention with the other accused persons. By her mere presence near the place of occurrence at or about the time of crime in the a....... + More
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2001 (3) TMI 1088
... ... ... ... ..... rection is issued. Conclusion 23. The petitioner in Probate C.P. No. 8 of 1998 respondent herein seeks letters of administration in regard to alleged Will of Muni Narayanappa. That was challenged and resisted by Anjanamma, wife of Muninarayanappa, by contending that she succeeded to the properties of Muni Narayanappa. She died and appellant claims to be the legatee in possession of the property which is claimed by the petitioner in Probate C.P. No. 8 of 1998, under the Will of Muni Narayanappa. If the appellant is not perm....... + More
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2001 (3) TMI 1087
... ... ... ... ..... nce in the contention of the learned counsel for respondents that on the basis of Rule 49 of the CCS (Pension) Rules or on the basis of G.O., the respondents who have retired after completing qualifying service of 10 years but before completing qualifying service of 20 years by voluntary retirement, are entitled to get pensionary benefits. Respondents who were permitted to resign from service under Rule 19 of the BSF Rules before the attainment of the age of retirement or before putting such number of years of service, as ....... + More
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2001 (3) TMI 1086
... ... ... ... ..... 4 was dismissed though as withdrawn. 7. May be that the judgment debtor wanted to gain time first by moving the application under Section 34 of the Act and then by filing objections under Section 47 of the Civil Procedure Code thereby challenging the validity of the award. No doubt any judgment debtor has the right to challenge the validity of the decree when it is sought to be executed but in the instant proceedings such a recourse is provided under Section 34 of the Arbitration Act whereby the judgment debtor can challen....... + More
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2001 (3) TMI 1085
... ... ... ... ..... nal proceedings on a finding that it does not tantamount to violation of any provisions of the Act. Needless to mention that if associations and political parties would be allowed to receive foreign contribution and would deposit the same in any bank they like notwithstanding their declaration with the Central Government at the time of registration, then the very purpose of conferring power on the Central Government to regulate, would be frustrated and all other provisions for inspections and auditing conferring power on t....... + More
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2001 (3) TMI 1084
... ... ... ... ..... cturer in another institution and after lapse of two years his re-transfer was permitted. In the present case, the petitioner had not left the institution after selection in another institution on substantive post. The nature of appointment in Balrampur Degree College, Gonda, in respect of the petitioner, is not on record. The extraordinary leave had been sanctioned by the college and, thus, there was no question of any break in service. 27. In view of foregoing discussions, the irresistible conclusion is that the petition....... + More
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2001 (3) TMI 1083
... ... ... ... ..... absolve himself from the criminal liability for the offence committed. 10. The Supreme Court has thus ruled that if the complaint is found to be premature, it can await maturity or be returned to the complainant for filing later and mere presentation at an earlier date need not necessarily render the complaint liable to be dismissed or confer any right upon the accused to absolve himself from the criminal liability for the offence committed. In view of this clear law so laid down by the Supreme Court, the objection raised ....... + More
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2001 (3) TMI 1082
... ... ... ... ..... o the conclusion of the Tribunal about the proper method to be applied for valuation of the gifted property. The Tribunal held that taking into account the peculiar circumstances that the property was tenanted and the tenant was occupying house since long and was continuing even after the gift, indicated that rent capitalisation method was the proper method. The learned counsel for the revenue submitted that the position would be different after 1989, but when the proceedings related to an earlier period, the method adopte....... + More
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2001 (3) TMI 1081
... ... ... ... ..... se the amount from the defendant as per the accounts given in the plaint. The plaintiff further states in the plaint that the amount stated in the plaint is the amount due to him as per the dealings. 18. As already stated, the plaintiff was not able to establish his case. The cheque issued is not a cheque issued by the fourth defendant. It is a cheque of the Firm. It is true that the fourth defendant was not able to prove his case that the cheque was given as security for the loan granted to the fourth defendant. That does....... + More
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2001 (3) TMI 1080
... ... ... ... ..... ion, and thereby show mercy to the defendant by enabling him to try to prove a defence. The amount equivalent to the aforesaid amount shall be computed by the Prothonotary Senior Master on the basis of the rate of exchange as prevailing today and shall be deposited within a period of 8 weeks from today, in this Court. 16. On such deposit, the suit be transferred to the list of Commercial Causes. The Defendants shall file their Written Statement within 8 weeks thereafter. Inspection and discovery will be completed within 8 ....... + More
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2001 (3) TMI 1079
... ... ... ... ..... in the year 1972 and, therefore, the entry in the revenue record that the respondent was a tenant of the land in the year 1973 is incorrect. We do not dispute the legal position as stated by the learned counsel for the appellant, but the presumption of correctness of an entry in revenue record cannot be rebutted by a statement in the written statement. Mere statement of fact in the written statement is not a rebuttal of presumption of correctness of an entry in the revenue record. The respondent was recorded as a tenant in....... + More
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2001 (3) TMI 1078
... ... ... ... ..... and government servants. On behalf of the State, it has not been challenged that the aforesaid statements of facts in the two judgments are incorrect. During the course of arguments learned senior counsel appearing on behalf of the State made an unsuccessful attempt to refer to a scheme prepared by the Registrar of Cooperative Societies, but in view of the fact that neither any counter affidavit was filed before the High Court nor the said scheme was filed before this Court either along with the Special Leave Petitions or ....... + More
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2001 (3) TMI 1077
... ... ... ... ..... would out weigh the Criminal outfit . 14. Analysis of the complaint would show that the petitioners have entered into an agreement by way of Hypothecation Deed and have borrowed monies and repaid a portion of the same and a portion of the debt is yet to be satisfied. The complainant's grouse is that he attempted to take possession of the properties as per the clause contained in the Hypothecation Deed, but the petitioners obstructed to his taking possession. The case is not one for removal of obstruction but the case i....... + More
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2001 (3) TMI 1076
... ... ... ... ..... in favour of the assessees. In this case order-in-original has been passed following the Board s Circular made in No. 75/CEX/93, dated 15-12-1993 and this has been referred to in our earlier judgment dated 25-10-2000. Hence, following the said judgment, the issue is decided in favour of the appellant assessee and the order-in-appeal impugned before us is set aside with consequential relief, if any, according to law.
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2001 (3) TMI 1075
... ... ... ... ..... earned counsel appearing for the appellant, contended that since the appellant has been honourably acquitted by the appellate court in respect of the criminal charges and the order of dismissal was because of criminal conviction recorded by the trial Judge, there was no reason to disentitle him to the backwages for the period in question. Mr. Iyer, the learned senior counsel appearing for the Corporation on the other hand contended that the appellant not having rendered any service would not be entitled to any backwages an....... + More
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2001 (3) TMI 1074
... ... ... ... ..... ss of reasoning and the High Court should not exercise jurisdiction under Article 227 of the Constitution. In this connection the observations made by the Apex Court in Satyanarayan Laxminarayan Hegde v. Malllkarjun Bhavanappa Tirumale, need to be noticed. Where two views are possible and, the Trial Court has taken one view which is a possible and plausible view, merely because another view is attractive, the High Court should not interfere and would be in error in interpreting with the finding of the Trial Court or interf....... + More
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2001 (3) TMI 1073
... ... ... ... ..... ons. In this case, I find that the AMC failed to comply with that Regulation, which provided for restriction on the activities of the AMC. Thus I find that the AMC violated restrictory provisions contained in Regulation 29 and consequently that of Regulation 19 which read with Regulation 10 of SEBI (Mutual Fund) Regulations, 1996 provides to the effect that the AMC should comply with the Regulations. Emphasis Supplied 24. The Adjudicating Officer has thus come to the categorical conclusion that the appellant had failed to ....... + More
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2001 (3) TMI 1072
... ... ... ... ..... the mischief of the Act. Therefore, I do not find any substance in the contention of the defendant that the transaction in question is hit by the provisions of the Act and as such, no declaration in favour of the plaintiffs could be granted, There is no prohibition in law for declaring the plaintiffs along with the defendant as co-owners of the suit schedule property. For the foregoing reasons. I pass the following order 32. Appeal is allowed. Plaintiffs suit is decreed declaring that the plaintiffs 2 to 4 and the defendan....... + More
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2001 (3) TMI 1071
... ... ... ... ..... answers of the respondent or the same supports the contention as raised by the applicants herein Incidentally, since the appeal is pending in this Court for adjudication, and since the matter under consideration have no bearing on such adjudication so far as the merits of the dispute are concerned, we are not expressing any opinion in the matter neither we are required to express opinion thereon, excepting however, recording that probabilities of the situation may also warrant a finding, in favour of the interpretation of ....... + More