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1993 (9) TMI 375
... ... ... ... ..... llant with the provisions of Section 20(4) of the said Act prior to the earliest date fixed by the court for the defendant to take the first step in the suit. 17. In the result, the appeal is allowed. The judgment and order under appeal and the judgment and decree of the 8th Additional District Judge, Varanasi, passed on 28th April, 1990 are set aside and the suit filed by the respondent is dismissed. There shall be no order as to costs. 18. We have told the dimensions of the shop in suit and the present rent thereof. We think that the amount of the rent should be increased. Mr. Arun Jaitley, learned Counsel for the appellant, immediately agreed and left it to the court to fix the amount it thought reasonable. Learned Counsel for the respondent was unable to respond to this offer without taking instructions. We think it appropriate that the appellant should pay to the respondent a higher rent determined by agreement between them, failing which as determined under the statute.
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1993 (9) TMI 374
... ... ... ... ..... ry movement of timber, and hammer mark being affixed on the transported timber, are absolutely necessary for the protection and management of forest wealth in the State of Tamil Nadu, Hence, the impugned rules are not violative of Article 19(1)(g). 5. Having found that the rules were regulatory and not prohibitive, the High Court also rejected the argument based on Articles 301-304 of the Constitution of India. So far as the enhancement of fee is concerned, the High Court examined the scheme and operation of the rules and came to the conclusion that the State Government was providing sufficient services to the timber merchants at every check-point and as such the principle of quid pro quo was satisfied. 6. The learned Counsel for the parties have taken us through the judgment of the High Court. We see no infirmity in the said judgment. We entirely agree with the reasoning and the conclusions reached therein. We, therefore, dismiss the appeals and the writ petitions. No costs.
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1993 (9) TMI 373
... ... ... ... ..... ce its possession was taken, to urge that the possession was taken illegally and that, therefore, the said land has not vested in the first respondent and the first respondent is under no obligation to make an award. 18. There is no merit whatsoever in the submission that compensation can be awarded to the appellants under Section 5. Section 5 postulates payment of compensation for damage done to land during the course of surveying it and doing all other acts necessary to ascertain whether it is capable of being adapted for a public purpose. Section 5 has no applicable to the instance case. 19. In the result, the appeal is allowed. The judgment and order under appeal is set aside. The Rule is made absolute and the first and second respondents are directed by a writ of mandamus to make and publish an award in respect of the said land within twelve weeks from today. 20. The third respondent shall pay to the appellants the costs of the appeal quantified in the sum of Rs. 10,000.
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1993 (9) TMI 372
... ... ... ... ..... urt, the parties thereto or the Advocate had an intention to admit the jural relationship of the parties as debtors and creditors. I am not going to consider the question whether the Advocate is an authorised agent to acknowledge the debts or not, even assuming him as an agent, in the present cases, there is no acknowledgment there is no intention to admit the jural relationship of the parties. Consequently, the view taken by the lower appellate court is clearly unsustainable and the civil revision petitions and the second appeals are allowed. The suits are dismissed but in the circumstances, there will be no order as to costs. 8. It is stated by the learned Counsel for the respondents that after the admission of the C.R.Ps. and the second appeals, defendants 2 to 5 were directed to deposit certain amounts in court and that the said amounts are lying in court deposits. In view of the dismissal of the suits, the defendants are entitled to withdraw the amount deposited by them.
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1993 (9) TMI 371
... ... ... ... ..... at there is such power. Therefore, the observations made by the learned Magistrate while rejecting the prayer of the petitioner to stay the operation of the order for a few days or to make the same operative from 3rd September 1993 on the ground "that there is no provision to that effect in Criminal Procedure Code" are erroneous. But he could have declined to exercise the power considering the facts and circumstances. Discretion can be exercised judicially. 17. I further pass the following order - (i) The present learned Chief Metropolitan Magistrate (Shri S. A. Merchant) is directed not to take this matter i.e. R.A. No. 192 of 1993 or the case that would arise out of this at any stage of the proceedings. (ii) The Registrar is directed to place the papers before the learned Chief Justice for information and action. 18. Hence, the Application is partly allowed. Rule absolute in terms of prayer (iv) subject to above. Rest of the prayer rejected. 19. Order accordingly.
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1993 (9) TMI 370
... ... ... ... ..... l is a false one. It is not his case that for the loss suffered by the appellant, the respondent had compensated him by paying the price of that land. It is, therefore, too credulous to believe that he let the appellant in possession of the plaint scheduled property as a tenant-at-will and is a deliberate, desperate and false plea set up by him, which unfortunately found favour with the appellate court and the High Court paid no attention to go into the crucial question and dismissed the appeal as usual, in limine. The contention of Sri Ujagar Singh, the learned Senior counsel that the appellant's sons purchased 8 kanals of land from his client was a step in aid to wood wink the innocent appellant and a self serving. Thus we are constrained to hold that the decree of the appellate court is perverse, apart from manifestly, illegal. It and the High Court decree are accordingly set aside and that of the trial court is restored and the appeal is allowed with costs throughout.
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1993 (9) TMI 369
... ... ... ... ..... ces, we do not consider it appropriate to give any direction regarding permitting the petitioners to sell the existing stocks of the drugs. 29. In the result, the appeals, the special leave petitions as well as the Transferred cases and writ petition are dismissed. The judgment of the High Court of Punjab and Haryana, under appeal, is affirmed subject to the direction that it would be permissible for the petitioners in these cases and other manufacturers whose writ petitions are pending in the High Courts to approach the Board and place before the Board any fresh material in support of their claim within a period of one month and any such representation as well as the material produced in support thereof shall be considered by the Board along with representation submitted in pursuance of the direction given by the Court in order dated January 6, 1992 in SLP(C) No. 15382 of 1991. This shall be done within three months of the filing of the representations. No order as to costs.
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1993 (9) TMI 368
... ... ... ... ..... essee quotes a different chapter heading, as that would be the correct one according to the, assessee; that by, itself is not at all a ground to hold that they had misdeclared the chapter headings and, therefore, larger period is attracted. It is well settled that the burden of classification is on revenue. It is not the allegation that the description of the goods given in the classification list has been wrong or misleading. Therefore, the department having full knowledge of the goods being manufactured and cleared, and even having dropped earlier proceedings, to again allege that the misdescription of the chapter heading, is a ground to invoke larger period, does not make any sense at all. The demands are all time-barred. The department has not shown how the assessee had wilfully misdeclared or suppressed any fact. The findings given by ld. Collector is not at all sustainable. Therefore, the appellants succeed both on merits as well as on limitation. The appeal is allowed.
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1993 (9) TMI 367
... ... ... ... ..... charity. In matters touching public Revenue the Courts ought to be more cautious. For better or worse, the Courts have come to acquire a veto over the public exchequer. This power should be exercised with good amount of self-restraint and with a sense of responsibility. The power is coupled with accountability - accountability to the Constitution, to the laws of the land and above all to ourselves. The Court must apply its mind to the facts of the case and must also envisage the implications and consequences of the order it proposes to make. This is so even at the ad-interim stage when the respondent is not represented. We are sorry to say that none of these considerations appear to have been present in the mind of the learned Judge while passing the orders of injunction relating to Mahe shops. We are not happy at making these remarks but we felt compelled to say so in the circumstances. We hope and trust that no occasion would arise ever again for reiterating these remarks.
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1993 (9) TMI 366
... ... ... ... ..... ssed by the learned Principal Sessions Judge in this regard should not be interfered with at this stage. 21. In the result, for the reasons stated and discussion made above, I pass the following order (1) This Revision Petition is allowed in part. (2) The Condition No. 4 imposed by the learned Principal Sessions judge, Bangalore, for return of the building materials seized by the police in Crime No. 455/93 of Ulsoorgate Police Station (Crime No. 1344/93) of CoD) stands modified as under The KHB shall report to the police the manner, method and quantity of such articles were used in the construction of houses under the Ashraya Scheme. (3) The prohibitory orders issued by the Police Officers from operating the bank accounts of the petitioners in Vijaya Bank, S.R. Road, Shimoga and Vijaya Bank, K.G. Road, Bangalore, should be withdrawn by the Police Officers concerned. (4) In all other respects order impugned in this Revision Petition remains undisturbed. 22. Order accordingly.
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1993 (9) TMI 365
... ... ... ... ..... m read with Rule 18 provides for an appeal against the order of assessment which is an additional safeguard to the owners of the vehicle regarding payment of tax. 13. In view of the aforesaid discussion, we hold that the provisions of the Presidential Amending Act No. 10 of 1993 are intra vires and do not suffer from any constitutional illegality or infirmity. The Amending Act provides for assessment of the Petitioners/owners' tax liability on their vehicles under the M.P. Motoryan Karadhan Adhiniyam, 1991 by the taxing officer. Consequently all the petitions are dismissed with costs. Counsel's fee ₹ 250/- , if certified. 14. As regards orders passed by the taxing officer on 19-3-1993 and the demand notices dated 19-3-1993, the Petitioners shall be at liberty, if so advised and deemed fit, to file appeal under Section 20 read with Rule 18 of the M.P. Motoryan Karadhan Adhiniyam and Rules, 1991 and the authorities shall deal with the same in accordance with law.
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1993 (9) TMI 364
... ... ... ... ..... entitled to interest on the amount in excess of the award of the Land Acquisition Officer, at the rate of 9 . per annum from the date of taking possession to date of payment; and in case such amount is not paid within one year from the date of taking possession, at 15 per annum from the date of expiry of one year from the date of taking possession, to date of payment; (d) In the event of the Supreme Court holding in Paripoornan's case that additional amount under Section 23(1A) is payable irrespective of the fact that the acquisition and award is earlier to 30.4.1932, the appellant shall be entitled to additional amount under Section 23(1A) payable within two months from the date of the Decision of the Supreme Court. (e) The appellant is entitled to costs proportionate to the extent of success in the Appeal; and (f) appellant shall be liable to pay Court fee on ₹ 1,25,257/-and the same shall be recovered from out of the amount payable under paras (a) to (c) above.
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1993 (9) TMI 363
... ... ... ... ..... as the other claims of wages for the subsequent period and the interest on all the unpaid wages is concerned, at present we are not giving any direction in view of insufficiency of funds. Civil Application is allowed accordingly with costs. The respondent-Bank to pay costs quantified at ₹ 1000/- 26. The learned counsel for the Bank prays that this order be stayed for a period of five weeks. The learned counsel for the petitioner Union states that the workmen have been suffering since long and another Diwali is approaching very soon and with a view to add some cheer in their otherwise dull life, the payment should be made at the earliest. In view of the aforesaid and in view of the fact that as far as this question is concerned, it has been decided finally by this Court. We direct that this order be stayed till November 2, 1993 on condition that if by that time, the Bank has not obtained any interim order from the Supreme Court, the payment must be made on the next day.
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1993 (9) TMI 362
... ... ... ... ..... llants were in possession and enjoyment openly and continuously in assertion of their right as owners. The entries in the revenue recorded continuously for 30 years would corroborate their plea of adverse possession and militates against the claim of the title of the respondents. The plea that the appellants were never in-possession and enjoyment is belied by the entries in the revenue records. The suit was filed in 1963 asserting their rights as owners for the first time by which date the appellants have perfected their titles by prescription. The High Court did not advert to this aspect of the matter. Therefore, we have no hesitation to hold that the appellants have perfected their title to the 53 kanals 12 marlas by prescription and the suit is barred by limitation under Article 65 of the Schedule to the Act. The appeal is accordingly allowed, the decree of the High Court and that of the first appellate court are set aside and that of the trial court is restored No costs.
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1993 (9) TMI 361
... ... ... ... ..... case of his failure without claiming any compensation, in such a case the injunction would not be granted. (27) (T. Krishnaswamy Chetty v. C. Thangavela Chetty and others). This authority deals with the cases as to when a receiver is to be appointed. (28) (Ishwardeo Narain Singh v. Smt. Kamta Devi and others). It was observed... "The Court of probate is only concerned with the question as to whether the document put forward as the last will and testament of a deceased person was duly executed and attested in accordance with law and whether at the time of such execution the testator had sound disposing mind". (29) In the circumstances stated above the application is allowed. The respondents, their servants and agents, including the present objector are hereby restrained from raising any construction or parting with possession over any part of the plot bearing No.A-2/121, Safdarjang Development Residential Scheme, New Delhi, till the disposal of the probate petition.
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1993 (9) TMI 360
... ... ... ... ..... this authority is not applicable to the facts and circumstances of this case. I, accordingly, hold that the petition is within time. (6) Since on merits the respondent has not raised any defense, nor denied its liability, what to talk of bonafide defense. This clearly shows that the respondent has no capacity to pay the amount- even after the, statutory notice. The company is financially insolvent. The only defense which was raised has been negatived. The liability being admitted and the respondent company being not in a position to discharge the same, I have prima facie come to the conclusion that the respondent company is financially insolvent and accordingly direct the petition to be admitted to hearing. Let citation be published in the newspapers "Statesmen" (English Edition), "Navbharat Times" (Hindi Edition) and Delhi Gazette. However, if the respondent company pays the debt within two months from today, till then the citation may not be published.
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1993 (9) TMI 359
... ... ... ... ..... elevant and pertinent for the purpose of passing the detention order or not.On the face of it, the documents are not relevant and no reasonable man could have relied upon them as they have no rationally probative value for the purpose of forming the subjective satisfaction in regard to the matter in question. The Court would strike down an order passed by an Executive Authority, where the authority has relied upon material which is extraneous to the scope and purpose of the statute. In these circumstances the Court is entitled to interfere and must interfere in discharge of its constitutional duly to knock down such an order. (16) Having regard to the aforesaid discussion, I am of the opinion that the detention order is illegal and cannot be allowed to stand. (17) Accordingly, this writ petition succeeds. The rule is made absolute and the detention order is hereby quashed. The petitioner is directed to be released forthwith if not wanted in connection with some other matter.
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1993 (9) TMI 358
... ... ... ... ..... on it was held that there was a nexus between the act complained and the statutory duty that the Police Head Constable was to perform. Similarly in the present case it was the duty of respondent 4, being in-charge of Police Post Mayapuri, to record the report and so also it was the duty of respondent 3 the SHO of P.S. Naraina to file the challan in court. The acts complained of thus had a reasonable connection and nexus with the duties attached to the offices held by respondents 3 and 4. The acts complained of were, therefore, done under the colour of office of the said respondents and fell within the ambit of Section 140(1) of the Act. It is not disputed that if Section 140(1) is found applicable the suit filed by the appellant, as against the respondents, was barred by limitation having been filed after the expiry of three months and it could not be entertained against them. 20. The appeal, therefore, fails and it is accordingly dismissed, but without any order as to costs
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1993 (9) TMI 357
... ... ... ... ..... r reason. After all he belongs to the lower category in Board Service. In these circumstances though it may not be possible to give him seniority and other benefits from 1968 since it is likely to affect other persons in the service, we are of the opinion that the following limited relief should be granted to him We direct that for the purpose of calculating his pension and gratuity he shall be treated to have been appointed to the post of T- Mate, on a regular basis, on July 7, 1978. Further his salary shall also be fixed on the basis that his regular appointment to the said post of T-Mate is on and with effect from July 7, 1978, though he shall be not entitled to arrears of salary for the period July 7, 1978 till October 10, 1988. His salary shall be fixed on the above basis and he shall be paid that salary with effect from October 10, 1988. It is made clear that his seniority shall count from October 10, 1988. With the above directions the appeal is disposed of. No costs.
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1993 (9) TMI 356
... ... ... ... ..... ondent made no attempt to support. The respondent has the full opportunity to reply to the charge-sheet and to raise all the points available to him including those which are now urged on his behalf by learned counsel for the respondent. In our opinion, this was not the stage at which the Tribunal ought to have entertained such an application for quashing the charge-sheet and the appropriate course for the respondent to adopt is to file his reply to the charge-sheet and invite the decision of the disciplinary authority thereon. This being the stage at which the respondent had rushed to the Tribunal, we do not consider it necessary to require the Tribunal at this stage to examine any other point which may be available to the respondent or which may have been raised by him5. Consequently, the appeal is allowed. The impugned order of the Tribunal quashing the charge-sheet is set aside resulting in dismissal of the respondent's application made before the Tribunal. No costs.
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