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2007 (3) TMI 832
... ... ... ... ..... en v. Shambu Sarkar (2001) 2 SCC 562 2001 Cri LJ 1082, State of M.P. v. Kajal 2001 CriLJ 4240, Narcotic Control Bureau v. Raju @ Nataranjan (2006) 9 SCC 712, Union of India v. Saurabh Chatterji (2006) 9 SCC 759 and Union of India v. Abdul Momin (2005) 13 SCC 144. The aforesaid decision of the Apex Court hold the fields relating to Doctrine of principles of bail in an ND PS Act. 12. For the foregoing discussion, it is difficult to accept the submission of Mr. A. Mohendro, learned Counsel appearing for the petitioner made in....... + More
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2007 (3) TMI 831
... ... ... ... ..... or the remaining period up to the age of 60 years which was to be paid to them within a period of three months from the date of receipt of copy of this Court's order by the Nigam. 10. It appears that the High Court placed reliance on the decision in Harwindra Kumar's case (supra). Additionally, in Chairman, U.P. Jal Nigam and Anr. v. Jaswant Singh and Anr. JT 2006 (10) SC 500 2006 (7) AWC 7435 (SC), the decision was reiterated in the following terms The benefits shall only be confined to above mentioned persons who....... + More
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2007 (3) TMI 830
... ... ... ... ..... at Dr. Shankaran had been appointed by the State Government in January 2005 to conduct a discreet inquiry into allotments of certain plots of land made by the Corporation during the tenure of Shri V.M. Lal, the then Vice-Chairman and Managing Director allegedly in contravention of the established Rules, Regulations and Conventions. 21. That consideration, in our view, was not sufficient in the instant case to cancel the allotment which had been made in accordance with the Regulations and the appellants had made payments as....... + More
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2007 (3) TMI 829
... ... ... ... ..... the instant case, the matter had been brought to the notice of the highest in the hierarchy of officials. It has passed through the hands of those with legal training who knew better. Certainly the mere fact that the file was carried from one table to another and left there for unexplained duration, cannot by itself be sufficient to condone the delay, if it were permissible. In view of the foregoing discussion, the petitioner has failed to render even satisfactory Explanation for condensation of delay even if the same were....... + More
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2007 (3) TMI 828
... ... ... ... ..... this position. 21. We, therefore, allow these appeals in part and hold as follows (i) that for the purpose of calculation of pension, the 'emolument' received by the appellant was Rs. 3,500/- per month and not Rs. 4,237/-. Consequently, determination of consolidated ordinary pension as Rs. 29,220/- per annum from 1.1,1986 is upheld. (ii) As the ceiling on the amount to be added under Clause 2(b) of Part III of First Schedule to the Act is invalid, the special additional pension per annum would be Rs. 5600/- per ann....... + More
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2007 (3) TMI 827
... ... ... ... ..... saction that was considered in Commissioner of Interest Tax Vs. M/s. G.E. Capital Transportation, ITA No. 1275/2006 dismissed on 1st September, 2006. The only difference is that in the decided ITA the transaction was a leasing transaction while in the present case the transaction is a hire purchase agreement. Since a hire-purchase agreement is not in the nature of a financing agreement, any interest that the Assessee receives on delayed payment of installments also cannot be said to be interest received on loans or advance....... + More
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2007 (3) TMI 826
... ... ... ... ..... learned Additional District Judge was fully justified in decreeing the appellant's suit for divorce. In our view, in a case of this nature, no other logical view is possible. On proper consideration of cumulative facts and circumstances of this case, in our view, the High Court seriously erred in reversing the judgment of the learned Additional District Judge which is based on carefully watching the demeanour of the parties and their respective witnesses and the ratio and spirit of the judgments of this Court and other....... + More
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2007 (3) TMI 825
... ... ... ... ..... ng the complaint on oath, states that the accused has deliberately evaded the service of Notice or otherwise. In the absence of such averment in the complaint as well as the statement on oath during the course of verification, the complaint can straightway be dismissed u/s. 203 of the Cr.P.C.. 7 Whether the concerned Firm / Company, Society / Institution, Partner / Director or Proprietor are joined as parties or not. 8 Whether the complaint has been filed within the period of limitation as prescribed under Section 138 of t....... + More
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2007 (3) TMI 824
... ... ... ... ..... the High Court. If there is some indication in the complaint, invocation of the power under Section 482 Cr.P.C. would not be justified. In the present case the complainant has unequivocally asserted that the cheques were issued in part payment of a loan or advance obtained by the Petitioner. The veracity or accuracy of that assertion should not be gone into by this Court; it is open to be considered in the trial. For the purpose of this proceeding, I am satisfied that such averments conform to the stipulation in Section 13....... + More
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2007 (3) TMI 823
... ... ... ... ..... service since 3.8.1997 as Extension Officer in Rural Development and later on promoted as Mandal Parishad Development Officer at the time when he was appointed on compassionate ground. These facts clearly disclose that the appointment on compassionate ground was secured by playing fraud. Fraud clocks everything. In such admitted facts, there was no necessity of issuing show cause notice to him. The view of the High Court that termination suffers from the non-observance of the principles of natural justice is, therefore, cl....... + More
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2007 (3) TMI 822
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... ... ..... ramanyan, JJ. ORDER Appeal dismissed.
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2007 (3) TMI 821
... ... ... ... ..... Subhash Pande and Shri Kashyap Thakore and these statements were although recorded at the back of the assessee. When the assessee has asked for their cross-examination, the cross-examination of Shri Subhash Pande was not given to the assessee, although the statement of the assessee was recorded in consequence of the statement of Shri Subhash Pande recorded on 1-1-1996 under Section 131. The statements of Shri Suresh A. Patel and Shri Kashyap Thakore nowhere state the name of the assessee. Thus the revenue has not brought a....... + More
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2007 (3) TMI 820
... ... ... ... ..... second exercise was not justified as the only issue before the Division Bench was the question of limitation. We, accordingly, set aside the judgment of the Division Bench to the extent that it goes on to the merits of the controversy but maintain it in so far that it deals with the question of limitation. Ipso facto the matters are restored to a re-hearing on merits. We accordingly remand the applications to the learned Single Judge for fresh decision with a request that in the background of the long pending litigation, t....... + More
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2007 (3) TMI 819
Seeking grant for Enlargement Of bail - Offences punishable u/s 120B r/w Section 489-A to 489-E of IPC - violations of the Section 14 of the Foreigners Act, 1946 - Petitioner/accused is a Nigerian national - contented that he was produced before the magistrate beyond the mandatory period of 24 hours of his arrest - further contended that the Respondent has even after the expiry of 90 days failed to file charge sheet in respect of the alleged offence for which he was arrested - HELD THAT:- It is well known that the court takes cognizance of the....... + More
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2007 (3) TMI 818
Maintainability of the PIL - Misappropriation of public funds - Corruption in U.P. Administration - misused power and authority - writ petition filed by a Political opponent - forged documents to project the petitioner as a sponsored person of Congress - Seeking enforcement of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India - HELD THAT:- The prayer to take appropriate action to prosecute respondent Nos. 2-5 under the provisions of Prevention of Corruption Act, 1988 for acquiring assets more than the known so....... + More
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2007 (3) TMI 817
... ... ... ... ..... is challenged it is not necessary to implead all persons who are likely to be affected as party. It is not possible to identify who are likely to be affected and secondly, the question of validity of the rule is a matter which is decided on merit and ultimately, if the rule is held to be valid or invalid, the consequence automatically flows. Therefore, the original application filed before the Andhra Pradesh Administrative Tribunal or for that matter before the High Court does not suffer from the vice of non-joinder of nec....... + More
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2007 (3) TMI 816
... ... ... ... ..... been denied even by the High Court now needs to be examined. In this connection, reference must be made to Chander Sen's case (supra ) wherein it has been held that a son who inherits his father's assets under Section 8 of the Hindu Succession Act does so in his individual capacity and not as a Karta of the Hindu Undivided Family. It is the admitted case before us that the 11 marlas had been purchased by Dula Singh from his income as an employee of the Railways and it was therefore his self- acquired property. Such....... + More
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2007 (3) TMI 815
... ... ... ... ..... 11(4A), the demand was raised on the assessee. However, the subsequent declaration of law and the cancelling of the orders of assessment merit to be considered on the question of bona fides while considering the plea for waiver. It is not denied that the fresh order of assessment itself came to be passed after the Supreme Court decision. In the light of the above facts and considering the scope of the Board's notification, the case of the petitioner merits to be reconsidered and a fresh order passed accordingly. In the....... + More
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2007 (3) TMI 814
... ... ... ... ..... t with properly, under the law, even penalty imposed by the Commissioner (Appeals) shall not stand. 3. Heard both sides and it is found that proposition of law submitted by the ld. Authorised Representative throws light on the quantum of penalty leviable. Therefore, considering that gravity of the offence not being so rigorous, imposition of penalty of ₹ 1146/- and ₹ 3,000/- was even hardship. When there was no compelling reason to levy penalty by the Appellate Authorities below, reduction is not considerable a....... + More
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2007 (3) TMI 813
... ... ... ... ..... transactions. All the purchases and sales were made in the account of assessee. It was assessee s own infrastructure which was used in all the transactions. These being the facts on record, even if there is a second view possible on re-appreciation of evidence on record in preference to view taken by the Tribunal, we are unable to hold that the view expressed by the Tribunal was not possible view. The findings recorded are based on evidence and could not be regarded as perverse. In the appellate jurisdiction under Section ....... + More