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2003 (8) TMI 590
... ... ... ... ..... ansferee is not entitled to recover the arrears as rent for the property on transfer unless the right to recover the arrears is also transferred. If right to recover the arrears is assigned, then the transferee/landlord can recover those arrears as rent and if not paid maintain a petition for eviction under the rent laws for those arrears as well. Since in this case we have found that there was an assignment of right to recover the arrears in favour of the respondent transferee he was entitled to recover the same as arrear....... + More
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2003 (8) TMI 589
... ... ... ... ..... erred the SLP. It was held that in view of the conclusion that the allegations in the complaint that he allegations in the complaint do not make out any offence against any of the officers of the Company, it would be futile to allow continuance of the criminal proceedings as against the remaining two accused. In the instant case, since I hold that the dispute is of civil nature, I think that the order of process deserves to be quashed as a whole and it would not be proper to allow the complaint to proceed against the remai....... + More
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2003 (8) TMI 588
... ... ... ... ..... t he was communal and spreading hatred amongst the communities. It was also stated by him that he had given beating to him and threatened him that if he did not help him in teaching a lesson to the Hindu community then he would not spare his life. 16. A perusal of the aforesaid statements made by the three witnesses spells out that the appellant had threatened the witnesses with dire consequence for not participating in the demonstration organised by him. He threatened them with dire consequence if they did not support him....... + More
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2003 (8) TMI 587
... ... ... ... ..... resins have been, in fact, manufactured by the respondents, but have been shown to have been manufactured in the factory of M/s. RGS Industries, is factually incorrect, inasmuch as M/s. RGS Industries were a legal separate entity engaged in the manufacture of resins. He has also observed that the show cause notice for the period from 1.11.86 to 30.4.87 has been issued on 19.9.88. Inasmuch as M/s. RGS Industries have been filing monthly returns and the Revenue was aware of the existence of the same, the notice is barred on ....... + More
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2003 (8) TMI 586
... ... ... ... ..... no reason to interfere with the majority view expressed. The civil appeals are dismissed.
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2003 (8) TMI 585
... ... ... ... ..... g been lodged on 1.12.1994 is beyond the period of limitation of one y.ear and, therefore, the learned Magistrate could not have taken cognizance of the offence even without an application for condonation. 13. Mr. Indrajeet Mohanty, learned counsel for the petitioners has raised contentions that the alleged violation is misconceived inasmuch as construed in the light of the provisions of the Companies Act, there was no violation of any of the provisions of law. However, since it has already been held that prosecution was l....... + More
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2003 (8) TMI 584
... ... ... ... ..... ty, AIR1992AP333 (FB), wherein it is held by a Full Bench of this Court as follows to express firm disinclination to go into the factual aspects of the reference order. The fact remains that the order made in Civil Appeal No. 4126 of 1988 has been referred to a Constitution Bench. Until the Constitution Bench goes into the question and authoritatively lays down the law, we are of the view that the decision in Civil Appeal No. 4126 of 1988 holds the field . Unless the Supreme Court goes into the question and lays down the l....... + More
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2003 (8) TMI 583
... ... ... ... ..... Respondent's counsel, on instructions, agreed to pay the entire amount by 31st December, 2003. We order accordingly. Till the entire amount is paid to DDA, the possession of the plot shall not be delivered to the respondent. 13. Civil Appeal No. 34 of 1995 is accordingly allowed in the above terms. The parties are asked to bear their own costs. CIVIL APPEAL NO. 5424 OF 1999 14. In this appeal the respondent had already paid the unearned increase. However, as a result of the judgment impugned in CA. No. 34 of 1995 he cl....... + More
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2003 (8) TMI 582
... ... ... ... ..... also presides to see that a guilty man does not escape. Both are public duties. (Per Viscount Simon in Stirland v. Director of Public Prosecution 1944 AC (PC) 315 quoted in State of U.P. v. Anil Singh 1989CriLJ88 . Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. (See Shivaji Sahabrao Bobade and Anr. v. State of Maharashtra 1973CriLJ1783 , State of U.P. v. Krishna Gopal and Anr. 1989CriLJ288 , and Gangadhar Behera and Ors. v. State of....... + More
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2003 (8) TMI 581
... ... ... ... ..... not functioning, justice should not be denied to the affected persons. In case, if the Administrative Tribunal is not functioning, it would be open to the employees to approach the High Court. 28. Lastly, we make it clear that we have not at all dealt with and considered the constitutional validity of Tamil Nadu Essential Services Maintenance Act, 2002 and the Tamil Nadu Ordinance No. 3 of 2003 or interpretation of any of the provisions thereof as the State Government has gracefully agreed to re-instate most of the employe....... + More
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2003 (8) TMI 580
... ... ... ... ..... (a) the prosecution has not satisfactorily established the receipt of telephone call on 1.12.1998 from Mousam to deceased Pritam as spoken to by PW-1, (b) the evidence of PWs.2, 3, 13 and 15 are not creditworthy hence not safe to be relied upon; (c) the recoveries of the letter from the house of A-5 and the exercise book from the house of A-1 are not proved as required in law; 32. Therefore, in our opinion the circumstances relied on by the prosecution in this case are neither fully established nor are consistent with the ....... + More
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2003 (8) TMI 579
... ... ... ... ..... as to defraud the creditors. It has been held in the decisions in Smt. Shallo Devi v. Mohinder Singh AIR 1971 P H 325 Ramaswami Chettiar v. Mallappa Reddiar AIR 1920 Mad 748 Badri Dass v. Chunilal AIR 1961 P H. 398 and K. Najamma v. K. Rangappa AIR 1954 Mad 173 that the transfer of immovable property made with intent to defeat or delay the creditors of the transferor is voidable at the option of any creditor so defeated or delayed and such creditor can avoid the transfer by attaching that transferred property in execution ....... + More
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2003 (8) TMI 578
... ... ... ... ..... tion is not bona fide as it is done with the purpose of taking the suit out of the jurisdiction of that court. 4. It is settled law that while considering whether the amendment is to be granted or not, the Court does not go into the merits of the matter and decide whether or not the claim made therein is bona fide or not. That is a question which can only be decided at the trial of the Suit. It is also settled law that merely because an amendment may take the suit out of the jurisdiction of that Court is no ground for refu....... + More
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2003 (8) TMI 577
... ... ... ... ..... ugust, 2003 in Civil Appeal No. 2416 of 2000 2003 (156) E.LT. 161 (S.C.) etc. this appeal is dismissed.
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2003 (8) TMI 576
... ...
... ... ..... Pasayat, JJ. ORDER Appeals admitted.
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2003 (8) TMI 575
... ... ... ... ..... xpected to pass a decree which is not capable of enforcement in the courts of law. If the argument of the learned Counsel for the Appellants is to be accepted and if a decree is to be granted for specific performance, without identification of the suit property, it will not be possible to enforce such a decree. 8. This Court, in Nahar Singh v. Harnak Singh and Ors. (1996) 6 SCC 699, in paragraph 5, has also taken a view that if the property itself cannot be identified, the relief of specific performance cannot be granted. ....... + More
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2003 (8) TMI 574
... ... ... ... ..... tered to Section 3(i)(ii) of TADA Act. Their convictions under Sections 121A, 122 and 124 IPC and sentences imposed are maintained. The conviction under Section 364-A read with Section 120B IPC is maintained, as it is the conviction under Section 3(4) of the TADA Act and Section 14 of the Foreigners Act for the concerned accused appellant along with sentence imposed. 51. However, considering the gravity of the offence and the dastardly nature of the acts and consequences which have flown out and, would have flown in respec....... + More
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2003 (8) TMI 573
... ... ... ... ..... te of Maharashtra 1981 Crl. L.J. 1808 and K.C. Iyya v. State of Karnataka 1985 Crl. L.J. 214. However, on consideration of the matter, the view taken by the two Full Benches and the Division Bench commends itself to us. We respectfully follow it. In view of the above, we are of the opinion that the provisions of Sections 438 and 439 do not call for a restricted interpretation. The citizen has the right to choose. His application should be considered. Each case should be examined on its own merits. If it is found that the g....... + More
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2003 (8) TMI 572
... ... ... ... ..... indicated hereinabove. (xiv) If a person is aggrieved with regard to assessment of a property situate inside the Corporation can assail it before the District Judge under Section 149 of the Corporation Act and if a person whose property is situated in the Municipality and is grieved by an order of assessment can file an appeal before the Civil Judge as provided under Section 139 of the Municipalities Act. It is hereby made clear that the challenge can be made on every ground except on the ground pertaining to rate as fixat....... + More
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2003 (8) TMI 571
... ... ... ... ..... ne the delay. Application for condonation of delay is dismissed. The appeal is accordingly dismissed. Civil Appeal No. 5122 of 2003 Delay condoned. We see no reason to interfere. The appeal is dismissed.