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- 2011 (1) TMI 1562 - KARNATAKA HIGH COURT
... ... ..... elonging to Petitioner. 15. Further, regarding the contention that Petitioner herein is not entitled to challenge the notice under SERFAESI Act in this writ petition, in the light of Satyavati Tandon's case this Court hold that the ratio laid down by Apex Court in the aforesaid decision does not apply to the facts of this case. In the instant case, what is challenged is the right of the Bank to initiate proceedings for recovery of due pursuant to compromise arrived at between the Bank and Principal borrower, as if the said amount is due under original loan transaction which the Bank can recover by initiating appropriate proceedings under SARFAESI Act. Therefore, the notice issued by the Respondent/bank under Section 13 of SERFAESI Act to the Petitioner herein vide Annexure-E to this petition is without basis on the same is required to be quashed. 16. In the result, the petition is allowed. Notice dated 15.9.2009 vide Annexure-E is quashed. Parties to bear their own costs.
- 2011 (1) TMI 1560 - CALCUTTA HIGH COURT
... ... ..... And, there is no attempt by the defendant to explain away the admission save the bald assertion as to the poor quality of goods or lack of consideration in relation to the cheques. After all, the goods were not supplied subsequent to the ledger accounts being admitted by the defendant or subsequent to either of the cheques being issued. GA No. 1264 of 2010 succeeds. There will be a decree in favour of the plaintiff in the sum of ₹ 1,55,14,191/- which will carry interest at the rate of 9 per cent per annum from August 12, 2009 until payment. The plaintiff is undeserving of costs on this application. Since nothing further remains in the suit, CS No. 2 of 2010 is disposed of without any order as to costs. The undertaking furnished by the defendant will continue till such time that the entire payment is made to the plaintiff. Urgent certified photocopies of this judgment, if applied for, be made available to the parties subject to compliance with all requisite formalities.
- 2011 (1) TMI 1548 - ANDHRA PRADESH HIGH COURT
... ... ..... or setting aside the sale does not arise since it is the duty of the Court to order resale. 13. The learned Principal Junior Civil Judge did not take into consideration the above law and did not apply properly to the facts of the case. If there are attachments over the money in deposit, the auction purchaser has got all rights to recover the same from the judgment debtors. Therefore, the order of the lower Court suffers from infirmity. However, the revision Petitioners are directed to deposit the amounts, which were deducted from the auction money belonging to the auction purchaser with interest at 12% per annum, failing which, it can be recovered as a decree against the judgment debtors. The balance amount, which is in deposit, shall be returned to the auction purchaser along with the value of the non-judicial stamps said to have been deposited in pursuance of the order of the Court. 14. Accordingly the Civil Revision Petition is allowed. There shall be no order as to costs.
- 2011 (1) TMI 1547 - PUNJAB AND HARYANA HIGH COURT
... ... ..... the said fact cannot be given undue importance. 33. Learned counsel for the appellant has submitted that 70 kgs of poppy husk alleged to have been recovered from two persons and Vikas accused has stated to have died and as such at the most 35 kgs of poppy husk can be said to be attributed to him. 34. I have carefully considered the said submission but do not find any force in that submission. 35. If two persons are found in possession of commercial quantity of contraband in that case the same cannot be bifurcated to the convenience of accused to make it non-commercial. Therefore, the said contention is also meritless. 36. No other point has been urged before me. 37. So, in view of the above discussion, no ground for interference in the appeal is made out and finding of trial Court regarding guilt of accused stands affirmed. 38. Consequently, the appeal is without any merit and the same stands dismissed. A copy of this judgment be sent to the trial Court for strict compliance.
- 2011 (1) TMI 1546 - ALLAHABAD HIGH COURT
... ... ..... y be liable for departmental action and may also render himself liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country having territorial jurisdiction of the matter. The officials may be liable for departmental action or punishment for committing contempt, but on the basis of observation indicated above, it would not be open for the petitioner's counsel to contend that the lapse on the part of the opposite party, if any, would amount to any kind of contempt. It is also necessary to mention here that for initiating contempt proceedings the procedure has been laid down in Section 15 of the Contempt of Courts Act, 1971. The instant case is not of such a nature to take action suo-moto, therefore, we are not inclined to interfere to initiate any proceeding against the opposite party. In view of the above the contempt petition is misplaced and misconceived and therefore the petition is dismissed.
- 2011 (1) TMI 1543 - DELHI HIGH COURT
... ... ..... ronounced today the Respondent is convicted for offences punished under Section 7 of the Prevention of Corruption Act, 1988. List for hearing on the quantum of sentence on 12th January, 2011. The respondent will be present in Court on that date.
- 2011 (1) TMI 1539 - KARNATAKA HIGH COURT
... ... ..... es on charitable purpose, but it also extends assistance to such institutions carrying on these charitable purposes. It is not in dispute that all the donees who are carrying on charitable activities are exempted under Section 80G and which is renewed every year. If those donees have not utilized the funds for charitable purposes, the said amount is taxable at their hands. The donee trusts which are registered under the Act are recognised as carrying on charitable purposes and the registration is renewed every year and in particular to the relevant years. Therefore, the lower appellate authority as well as the Tribunal on consideration of the entire material on record, have properly held that the order passed by the AO is illegal, contrary to law and requires to be set aside. Accordingly, the same is set aside. Hence, no interference is required by this Court. No substantial question of law is involved in this appeal for consideration. Accordingly, all appeals are dismissed.
- 2011 (1) TMI 1521 - RAJASTHAN HIGH COURT
... ... ..... on-petitioner rebutted the contentions of the learned counsel for the petitioner. 4. I have perused the impugned judgment as well as the judgment of learned trial court and the provisions of sub-section (4) of Section 378 Cr.P.C. as the complaint was registered as a private complaint under the provisions of Section 138 of the Negotiable Instrument Act and the learned trial court acquitted the present petitioner Manju for the offence under Section 138 of the Negotiable instrument Act against which complainant Ghyanshyam preferred the appeal which was accepted by the Addl. Sessions Judge No. 1, Udaipur who was having no jurisdiction to entertain such appeals in view of the provisions of sub-section (4) of Section 378 of the Cr.P.C., therefore, the order dated 12.10.2010 passed by the learned Addl. Sessions Judge No. 1, Udaipur cannot be sustained. Accordingly, the revision petition filed by the present petitioner is allowed and the impugned order dated 12.10.2010 is set aside.
- 2011 (1) TMI 1513 - DELHI HIGH COURT
... ... ..... which are not binding contracts, if the injunction was not granted. Here too, denial of relief would prejudice the Plaintiff in a similar manner, because the trustee Defendants, who have no discernable interest in the properties can secure orders for its ostensible administration or preservation, and charge the estate with costs that can be crippling on it, and effectively dissipate it. Further, the Plaintiff's interest in the estate will also be jeopardized since the trustee Defendants wish to use the assets of the estate of which he is a beneficiary, to cover their costs of litigation. 33. In view of the above, this Court is of opinion that these issues are to be answered in favour of the Plaintiff, and against the Defendants. Accordingly, the suit has to succeed, in terms of the reliefs claimed, the permanent injunctions sought by the Plaintiff shall therefore, issue against the Defendants. The suit is decreed in such terms, with costs payable by the ninth Defendant.
- 2011 (1) TMI 1509 - DELHI HIGH COURT
Maintainability of LPA against a judgment or order passed in exercise of “criminal jurisdiction” - Held that:- Both the sides are ad idem that when the writ petition is filed invoking original jurisdiction of this Court, LPA would be maintainable against the order passed by the Single Judge in such a writ petition. However, the parties have joined issues on the question as to whether writ petition filed for quashing the FIR should be treated as invoking criminal jurisdiction of this Court. Whereas Ajay Fotedar (2005 (7) TMI 688 - DELHI HIGH COURT ) suggests that such writ petition would be treated as invoking the criminal jurisdiction and LPA would not be maintainable, some of the observations made in Harwinder Singh (1994 (3) TMI 391 - DELHI HIGH COURT ) suggests otherwise. In view of this, we are of the opinion that the matter needs to ....... + More
- 2011 (1) TMI 1506 - DELHI HIGH COURT
... ... ..... CC costs and fee of the arbitrator had to be deposited in advance, the judgment debtor cannot raise a grievance that merely because the judgment debtor could not afford to make payment thereof, its counter claim ought not to have been left unconsidered. 48. Consequently, I dismiss E.A. No.704/2009 filed by the judgment debtor, and hold that the foreign award in question is enforceable under Chapter I Part II of the Act, and the award is deemed to be decree of this Court. E.A. NO.77/2010 This application has been moved by the decree holder to require the judgment debtor to deposit the awarded amount in this Court pending the hearing of the application preferred by the judgment debtor under section 48 of the Act. No specific orders were passed in this application and the same remained pending. Now that the objections of the judgment debtor under section 48 of the Act (E.A. No.704/2009) have been dismissed, this application has become infructuous. The same is dismissed as such.
- 2011 (1) TMI 1342 - DELHI HIGH COURT
... ... ..... alert circular and it in no way casts a stigma and does not remotely black list the petitioner. It is also submitted by him that on certain occasions a alert circular is issued only for inspection when the goods that reach the port are not in conformity with the declaration certificate. Learned counsel has further submitted that no adverse consequence has visited the petitioner. 4. In view of the aforesaid, we are only inclined to hold that the circular dated 5th August, 2010 contained in Annexure P-1 shall not be treated to be stigmatic as far as the petitioner is concerned. Needless to say, it should not be treated that the petitioner has been black listed by the department. To clarify the said position, the respondents shall put it on its website. 5. With the aforesaid observation and directions, the writ petition stands disposed of without any order as to costs. Copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master.
- 2011 (1) TMI 1337 - MADRAS HIGH COURT
... ... ..... ts, including the State as a litigant, are accorded the same treatment and the law is administered in an even-handed manner. There is no warrant for according a step motherly treatment when the State is the Applicant. The delay was accordingly condoned. 8. By applying the dictum laid down to the facts of the present case, we are of the view that each case has to be decided on the facts of the concerned case. In the instant case, if the delay is not condoned, it would cause great prejudice to the public exchequer. Therefore, we are of the opinion, it would be appropriate to condone the delay on payment of cost of ₹ 13,500/- to the Respondents by the Petitioner. Accordingly, the delay is condoned on condition that the Petitioner shall pay a sum of ₹ 13,500/- to the Respondents 3 to 11 (Rs.1,500/- each) within ten days from the date of receipt of a copy of this order, failing which the Delay Petition shall stand dismissed without any further reference to this Court.
- 2011 (1) TMI 1246 - PUNJAB & HARYANA HIGH COURT
RTI application seeking information relating to the expenditure, movable and immovable properties of the petitioner posted as District Food and Supplies Controller, Yamuna Nagar. - Held that:- The word “Third-Party” has been defined under Section 2(n) of the Act, to mean a person other than the citizen making a request for information and includes a public authority (and not otherwise). - It is not a matter of dispute that respondent No. 5-Shamsher Singh sought the information from the SPIO and it was the SIC, which directed the SPIO to supply the information, vide impugned speaking orders (Annexures P-4 and P-14). Since, the matter was between respondent No. 5, SPIO and FAA, so, the question of providing any opportunity of hearing to the petitioner, did not arise at all, as he cannot possibly be termed to be a third-party, as defined und....... + More
- 2011 (1) TMI 1240 - PUNJAB & HARYANA HIGH COURT
Demand of information - Petitioner instead of supplying information arbitrarily asked for extra fees - Appellate authority directed petitioner to supply documents free of costs - Held that:- there is a provision under the Act/Rules, vide which, the SIC can direct the petitioner-SPIO to supply the information free of costs to Respondent - SPIO did not comply with the time-limits specified in sub-section (1) of Section 7 of the Act and did not supply the information, despite specific order/letter (Annexure P3/T) of FAA. In that eventuality, the SIC was within its jurisdiction to direct the petitioner-SPIO to supply the information free of charges, vide impugned order - Decided against Petitioner.
- 2011 (1) TMI 1142 - BOMBAY HIGH COURT
Extension of charge sheet - offence punishable under Section 20(b)(ii)(c), 21(b) and 22(c) of N. D. P. S. Act, 1985 - applicant filed an application for bail before the Special Judge on the ground that no chargesheet was filed till that date and also on the ground that the extension of time was granted on a false representation made by the respondent that the report of analysis of the substance sent to Directorate of Foods and Drugs Administration, Panaji ('DFDA' for short) was not received prior to filing of the application seeking extension of time – Held that:- order granting extension was patently illegal, the learned Special Judge shall pass the order granting bail releasing the applicant on bail on such terms and conditions as he deems fit and proper
- 2011 (1) TMI 1036 - DELHI HIGH COURT
Pre-emptive purchase of land - absence of notice to show cause to the petitioner - violation of the provisions of section 269UC of the Act - dismissal of revision petition filled - lack of territorial jurisdiction - Held that:- The notification issued under the Income-tax Act vests jurisdiction on the Appropriate Authority at Delhi, to initiate action in respect of transactions relating to properties both at Delhi and Faridabad is also relevant. In such circumstances, merely because the property in question is situated at Faridabad would not disentitle the courts in Delhi to entertain a complaint pertaining to transfer of such a property. The contention of the counsel for the petitioner that the complaint is liable to be returned at the threshold, on account of lack of territorial jurisdiction of the courts at Delhi is therefore rejected........ + More
- 2011 (1) TMI 707 - DELHI HIGH COURT
Classification of exporters into ‘member exporters’ and ‘registered exporters - Writ petition against AEPC even if AEPC is not state - Held that:- when a private body exercises its public functions even if it is not a State, the aggrieved person has a remedy not only under the ordinary law but also under the Constitution, by way of a writ petition under Article 226.Regarding appeal before Company Law Board (CLB) - Held that:- the challenge to the validity of the Membership Regulations cannot be raised before the CLB in a petition before the CLB under Section 111 of the CA.Distinction between ‘Registered’ Exporters and ‘Member’ - Held that:- the Regulations of Membership made by the AEPC to the extent they are inconsistent with the Exim Policy are unconstitutional and ultra vires para 13.8 read with para 13.7 of the Exim Policy (effective ....... + More
- 2011 (1) TMI 375 - DELHI HIGH COURT
Limitation - Condonation of delay of 105 days - Misused - Filing Revision Petition against order dated 11th February, 2010 - The order dated 11th February, 2010 was passed by the learned ACMM, and the department was advised by its counsel immediately to assail the order, the department was supposed to take action within a reasonable time. Reasonable time in this case was before expiry of period of limitation for filing the revision petition - It was Standing Counsel of the department who advised her in this case and the department was very well aware that order has to be challenged within a time limit - The department in this case did not act and had to be reminded by the counsel twice - Find no force in this application for condonation of delay - The application is hereby dismissed, with the result, the Revision Petition also stands dismissed.