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2007 (1) TMI 652
... ... ... ... ..... the plea raised by Learned Counsel for the Petitioner that this Court should entertain the award given by the arbitrator appointed by this Court and all objections to it should be disposed of by this Court is unacceptable and consequently, the prayer made in the application is rejected. 11. Learned Counsel has next submitted that since the matter is old and pending before the Principal Civil Court of Original Jurisdiction i.e. the District Judge, Dehradun, that Court may be directed to expedite the disposal of the applicat....... + More
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2007 (1) TMI 651
... ... ... ... ..... . We, therefore, set aside the order passed by the High Court and award simple interest at the rate of 18% p.a. The possession of the land was taken on 31.08.2000. Therefore, the Agra Development Authority (Respondent No. 2) is liable to pay simple interest @ 18% on the sum of Rs. 17,84,974.50 from 31.08.2000 till the date of actual payment. In the meanwhile, the appellants are at liberty to withdraw the sum of Rs. 17,84,974.50 which is in deposit with the Civil Court without furnishing any security and on production of a ....... + More
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2007 (1) TMI 650
... ... ... ... ..... rial court, so far as the first issue under consideration in this application is concerned. There is no scope for the Resident Editor and/or the Editor to rebut the presumption contemplated under Section 7 of the Act in this case and therefore the ratio in the case of Mathew-II is not applicable. As far as the applicant is concerned, in view of the presumption drawn under Section 7 of the Act against accused nos.2 to 4 or any one of them, there is no case for the present applicant to face the trial and hence it is not nece....... + More
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2007 (1) TMI 649
... ... ... ... ..... . In any case, it cannot be concluded that the impugned clauses are irrational, unreasonable or unconscionable. 9. The argument of the learned Counsel with regard to the judgment of Hon'ble the Supreme Court in the case of ABL International Limited (supra), does not advance his case as the writ petition undisputedly is maintainable against the respondent, which is an agency and instrumentality of a State within the ambit of Article 12 of the Constitution. It appears to be well settled that for enforcement of contract a....... + More
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2007 (1) TMI 648
... ... ... ... ..... ling up the gaps for the dates there, it only shows that the magistrate has not studied the material placed before him and has not applied his mind and not formed any opinion about proceeding further in the matter. 5. One of the singular characteristics of a judicial order is that it should disclose application of mind, in the given facts at hand. The respondents have not denied the stereotyped format used by the trial Court with particulars filled at appropriate places, in hand, and signed by the Magistrate. Such an order....... + More
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2007 (1) TMI 647
... ... ... ... ..... can be regarded as forming integral part of vessels and, hence, classifiable under CETA Heading 89.08 and remaining fuel and oil other than the above, are classifiable separately in thereon appropriate heading. Therefore, the classification is depended upon the location of the fuel and oil. In this case there is no dispute that fuel and lubricating oil was contained in the vessel's machinery and engine. Hence, the lower authorities have correctly classified the goods in question on merits in their respective headings. ....... + More
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2007 (1) TMI 646
... ... ... ... ..... is another aspect of this matter which cannot be overlooked. Appellant No. 1 made a confession. He felt repentant not only while making the confessional statement before the Judicial Magistrate, but also before the learned Sessions Judge in his statement under Section 313 of the Code of Criminal Procedure. 40. It is, therefore, in our opinion, not a case where extreme death penalty should be imposed. We, therefore, are of the opinion that imposition of punishment of rigorous imprisonment for life shall meet the ends of jus....... + More
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2007 (1) TMI 645
... ... ... ... ..... as for determining the rate of duty. 38. If such is the significance of Rule (2) of the Rules, then the language of Rule (2) cannot be ignored, the charge is effectuated only in terms of the language of Rule 2 and if so, the charge is not complete till the article is issued and the levy in terms of the demand under Annexure-J being at a stage when the charge had not been effectuated cannot be sustained. It is for this reason that the demand in terms of Annexure-J is quashed by issuing a writ of certiorari. 39. Writ petitio....... + More
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2007 (1) TMI 644
... ... ... ... ..... nstruments Act arose in Kerala, the Kerala High Court cannot interfere with the proceedings before a Criminal Court, outside the jurisdiction of this Court. 11. The reference is answered as above. Since nothing more survives to be decided in this case, it is unnecessary to send this case back to the Division Bench or the single Bench. Accordingly, the writ petition is dismissed without prejudice to the contentions of the petitioner regarding the merits of her case and her right to move the Coimbatore Court, where the compl....... + More
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2007 (1) TMI 643
... ... ... ... ..... ic interest. As stated above, the Central Government has submitted their No Objection as well as the Official Liquidator attached to this Court has also submitted his Report and no objection has been raised by the Official Liquidator. Hence, there does not appear to be any impediment to granting sanction to the Scheme of Amalgamation as proposed. 32. For the reasons stated above, both the petitions, namely Company Petition No. 147 of 2006 and Company Petition No. 148 of 2006 are allowed. Prayers in terms of paragraph 28(a)....... + More
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2007 (1) TMI 642
... ... ... ... ..... ion 10 of the Regulations on more than one occasion. Each of them was required to comply with the Regulations as and when they got triggered and make the necessary disclosures and where the acquisition exceeded 15%, the acquirer had to come out with a public announcement. None of these provisions were complied with and, therefore, each of them was guilty of violating the provisions for which a penalty could be imposed on them. It cannot be said that only one breach was committed. As already observed each of the entities co....... + More
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2007 (1) TMI 641
Computation of Surcharge u/s 5-A of the Orissa Sales Tax Act, 1947 ( the OST Act ) - modality contravenes the provisions of the Orissa Entry Tax Act ( the OET Act) and Orissa Entry Tax Rules ( the OET Rules ) - HELD THAT:- It is well settled that the objective of framing rules is to fill up the gaps in a statutory enactment so as to make the statutory provisions operative. Rules also clarify the provisions of an Act under which the same are framed. (A) Subordinate legislation has been fictionally called the delegation of power to fill up the d....... + More
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2007 (1) TMI 640
... ... ... ... ..... t is having a PE in India. In fact, what the applicant is seeking is to have additional evidence admitted and the ruling reviewed on the strength of such additional material. The power to grant such reliefs is analogous to the power of the appellate court under Rule 27 of Order 41 of the Code of Civil Procedure. Obviously, the Authority does not have power either to admit additional material or to review the ruling on the basis of such additional material. It is needless to mention that under Sub-section (2) of Section 245....... + More
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2007 (1) TMI 639
... ... ... ... ..... nuing as a member. The first question is thus answered in the affirmative. Therefore the second question does not survive for consideration. 453. In view of the above, I hold that the action of the two Houses of Parliament, expelling the petitioners is violative of Articles 101 to 103 of the Constitution and therefore invalid. Petitioners, therefore, continue to be Members of Parliament (subject to any action for cessation of their membership). Petitions and transferred cases disposed of accordingly. Kaul and Shakhder afte....... + More
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2007 (1) TMI 638
... ... ... ... ..... . Whether penalty should be imposed for failure to perform a statutory obligation is a matter of discretion of the authority to be exercised judicially and on a consideration of all the relevant circumstances. Even if a minimum penalty is prescribed, the authority competent to impose the penalty will be justified in refusing to impose penalty, when there is a technical or venial breach of the provisions of the Act or where the breach flows from a bona fide belief that the offender is not liable to act in the manner prescri....... + More
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2007 (1) TMI 637
... ... ... ... ..... o interfere with the impugned decision. The appeal is dismissed. No costs.
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2007 (1) TMI 636
... ... ... ... ..... and also the view taken by the High Court. There is no dispute in regard to the delay of 3320 days in filing the petition for setting aside the award. When a mandatory provision is not complied with and when the delay is not properly, satisfactorily and convincingly explained, the court cannot condone the delay, only on the sympathetic ground. The orders passed by the learned Sub Judge and also by the High Court are far from satisfactory. No reason whatsoever has been given to condone the inordinate delay of 3320 days. It ....... + More
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2007 (1) TMI 635
... ... ... ... ..... ed by this Court in various decisions. See Abraham Sebastian v. State of Kerala 2002 (3) K.L.T. 839 judgment delivered for Division Bench by Justice B.N. Srikrishna (as he then was) Mohammed Kunhi v. Executive Engineer 2001(3) K.L.T. 733 V.P. Kunhammed v. State of Kerala 1999(2) K.L.J. 678and K.A. Sobhanadas v. State of Kerala and Anr. 1984 K.L.J. 684 8. In the above circumstances, we set aside Ext. P-12 issued by the Chief Engineer without prejudice to the rights of the parties elsewhere. We are not expressing any opinion....... + More
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2007 (1) TMI 634
... ... ... ... ..... his family to look after her. Police have also made enquiry about this and found substance. It appears that his wife Sanjana is due to deliver any time. Therefore, on humanitarian ground the applicant is hereby granted temporary bail for a period of one month only from the date of his release from jail on same terms and conditions as before the trial Court subject to executing fresh bail bonds. The surety shall be a local person. He shall not misuse the bail and on expiry of one month he shall himself surrender before the ....... + More
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2007 (1) TMI 633
... ... ... ... ..... funds was a state of affairs which existed when the cheque was presented in 1998 by which time, as recorded by the trial court, the accused No.5 had resigned and his resignation had been accepted. 7. In addition to the above reasons, I am of the opinion that the complaint did not specify as to the nature of involvement of the accused No.5/respondent which was necessary in view of the judgment of the Supreme Court in SMS Pharmaceutical Ltd. vs. Neeta Bhalla, (2005) 8 SCC 89. For these reasons, I find that the order impugned....... + More
