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Case Laws
Showing 21 to 40 of 444 Records
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1999 (3) TMI 657 - KERALA HIGH COURT
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... ... ..... ness is sufficient to atstract the provisions of S. 243 of the Criminal Procedure Code. Therefore, the trial court should have considered the request of the revision petitioner to send the cheque for examination by an expert, in view of his contention that he has given only a blank signed cheque leaf, and the 1st respondent has filled up the cheque leaf and instituted the above case against him. Therefore, the judgment passed by the trial court and confirmed by the appellate court is vitiated for non-compliance of the provisions of S. 243 of the Criminal Procedure Code. 7. Hence, this revision petition is allowed. The judgments passed by the court below are set aside and the case is remitted to the trial court for fresh disposal in accordance with law after giving opportunity to adduce evidence to both sides, including comparison of the disputed cheque by a handwriting expert as requested by the revision petitioner. The parties will appear before the lower court on 22.4.1999
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1999 (3) TMI 656 - SUPREME COURT
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... ... ..... ch of the learned judge is totally erroneous as he has not kept in mind the distinction between "material facts" and "full particulars". Nor has be correctly appreciated the decisions of this Court referred to by him. We do not want to express any opinion at this stage on the additional documents produced by the appellant. The trial court may decide the application in the light of the relevant judgments of this Court, in particular, those laying down the difference between "material facts" and "full particulars". Hence the order in O.A. 186/97 is set aside and the application is remanded for fresh disposal in accordance with law. 16. In the result, we hold that the judgment of the High Court is unsustainable and it is hereby set aside. The appeal is allowed and E.P. 3/96 is restored to file. O.A.36/97 stands dismissed. We request the High Court to expeditiously dispose of the election petition on merits. There will no order as to costs.
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1999 (3) TMI 655 - SUPREME COURT
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... ... ..... came an absolute sale, is concerned, the finding of the Courts below is that this money was tendered to defendant No. 1 who refused to accept it. Defendant No. 2 had thus performed his part of the agreement and had offered the amount to defendant No. 1 so that the property may be reconveyed to him but defendant No. 1 refused to accept the money. He, therefore, cannot complain of any default in not paying the amount in question within the time stipulated in the deed. Since there was no default on the part of defendant No. 2, the document would not convert itself into a sale deed and would remain a mortgage deed. The suit for redemption was, therefore, properly filed by the plaintiff who was the assignee of defendant No. 2. 52. For the reasons stated above, the appeal is allowed and the impugned judgment passed by the High Court is set aside. The judgment and decree passed by the Trial Court as upheld by the Lower Appellate Court are restored but without any order as to costs.
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1999 (3) TMI 654 - SUPREME COURT
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... ... ..... nclusion that the plaintiff has made out a prima facie case. The trial Court has given several reasons for the grant of temporary injunction and, in our view, the two reasons given by the High Court were, on the facts, not sufficient to warrant a remand. It is, however, made clear that the findings relating to the rights of the parties, the title to the property or as to possession as given by the trial Court and as accepted by us are all tentative and will be subject to findings that may be arrived at by the trial Court in the suit after the evidence is led. In addition to the injunction granted by the trial Court, we direct the plaintiff to maintain status quo on spot and not to create 3rd party rights or make constructions on the property nor alter the nature of the property pending disposal of the suit. Subject to the above, the appeal is allowed and the order of the High Court is set aside and the order of the trial Court is restored. There will be no order as to costs.
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1999 (3) TMI 653 - SUPREME COURT
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... ... ..... arty. Applying the principles stated above to the instant case, it would be found that in the instant case also the appellant had abstained from the witness box and had not made any statement on oath in support of his pleading set out in the written statement. An adverse inference has, therefore, to be drawn against him. Since it was specifically stated by respondent No.2 in his statement on oath that it was at the instance of the appellant that he had issued the cheque on the account of respondent No.1 in the Central Bank of India Ltd., Sambalpur Branch, and the appellant, admittedly, had encashed that cheque, an inference has to be drawn against the appellant that what he stated in the written statement was not correct. In these circumstances, the High Court was fully justified in decreeing the suit of respondent No.1 in its entirety and passing a decree against the appellant also. For the reasons stated above, we find no merit in this appeal which is dismissed with costs.
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1999 (3) TMI 652 - SUPREME COURT
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... ... ..... ists are concerned, we do not have all the factual data relating to them before us. If while working as Steno-Typists they had acquired one advance increment upon acquisition of a higher qualification other than the minimum prescribed qualification, then they would not be entitled to a further increment while working in the same category of Steno-Typist, in the event of their acquiring a LL.B. degree. Therefore, in each cases of the respondents-Steno Typists, the fact has to be verified. Subject to the above, they would be entitled to the benefit of G.O.Ms. No. 182 dated 17.7.87. However, if any of the Steno Typists are held not entitled to increment on passing LL.B. because he had got one increment upon graduation, no recovery of increments already drawn will be made. Subject to the above modification, the above five appeals filed by the State in case of Steno-Typists are dismissed. 25. All the Civil Appeals stand disposed of accordingly. There will be no order as to costs.
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1999 (3) TMI 651 - COMPANY LAW BOARD
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... ... ..... gs till the outcome of the Bombay proceedings, it would only mean indefinite deferment which, we are of the view, cannot be done. However, now that we are fixing the dates of hearing of the petition on immediately available dates in June, 1999, it is quite probable that by that time the Bombay proceedings might come to an end. Even otherwise, the matter will be heard on June 21, 22, and 23, 1999, at 10.30 a.m. each day. We find that some of the respondents have filed their replies to the petition. Those who have not filed their replies are at liberty to do so by April 15, 1999, and rejoinders will be filed by May 15, 1999. The petitioner has filed C. A. No. 52 of 1999 seeking amendment to the original petition. Without prejudice to the contention of the respondents on the maintainability of the application, to avoid delay in the proceedings, they may file their replies to the application by April 15, 1999, with liberty to the petitioner to file its rejoinder by May 15, 1999.
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1999 (3) TMI 650 - SC ORDER
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... ... ..... that the remaining respondents were not served with a show cause notice. The appeals against the other respondents are dismissed as no show cause notice was served upon them.
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1999 (3) TMI 649 - SUPREME COURT
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... ... ..... the order made by the court of Sub-Judge which made the award the decree of the court but did not grant any interest. Even so, the grant of interest being a matter of procedure and the appellant having made an application before the High Court in that regard, we do not think there is any impediment to grant the same by bringing decree of subordinate court in conformity with law, namely, by awarding appropriate interest. 5. The learned Counsel for the appellant relied upon several decisions of this Court to state the proposition that such interest could be granted. It is unnecessary to make any detailed reference to them. We think it appropriate to modify the decree of the court of Sub-Judge by including a direction for payment of interest 12 per annum from the date when the award was made the decree of the court of Sub-Judge till realisation. The appeal is allowed to the extent indicated above. However, in the circumstances of the case, there shall be no orders as to costs.
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1999 (3) TMI 648 - COMPANY LAW BOARD, NEW DELHI
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... ... ..... rees, in view of the changed circumstances, wish to sell their shares acquired by transfer and allotment group A will have the first option to purchase the shares at the same price at which the shares were transferred/allotted. Once the offer of sale is made, group A is bound to purchase the same within fifteen days of the offer, to be made in writing. (5) Being the original shareholders, as long as they are shareholders, petitioner No. 1 and respondent No. 2 will continue as directors on the board and all other directors will be elected in accordance with the articles. (6) Within fifteen days of allotment of shares to group A, the board will convene a general body meeting of the company to elect not more than four more directors, as the board may deem fit. (7) In case respondent No. 2 also desires to sell his shares, then the first option to purchase shall be with group A. 33. With the above directions/order we dispose of the petition, however without any order as to costs.
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1999 (3) TMI 647 - MADRAS HIGH COURT
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... ... ..... r, the respondent has not come forward with any case that L. Subramaniam was authorised by the other directors and only in such capacity, the said Subramaniam gave power of attorney to Swami Anandan. The sworn statement as well as in the evidence, Swami Anandan stated that he was authorised by Subramaniam and nowhere it is stated that the other directors gave power to Thiru L. Subramaniam on the basis of any document. Hence, after the closure of the evidence on the side of the respondent, he cannot be allowed to fill up the lacuna and, as such, I am of the view that the trial court was not correct in allowing the application as it has caused prejudice to the petitioners. The order is liable to be set aside. 10. For the reasons stated above, the revision is allowed and the order passed by the trial court in Crl. M. P. No. 2410 of 1998 dated September 2, 1998, is set aside and the petition is dismissed. Consequently, Crl. M. Ps. 7563 of 1998 and 922 of 1999 are also dismissed.
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1999 (3) TMI 646 - SUPREME COURT
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... ... ..... eks’ time was granted at the conclusion of the hearing on 13th January, 1999 so that the same may be produced before the Court. We however wish to place on record that in the normal circumstances, no such opportunities are granted, especially at this stage of the proceeding, but by reason of special facts, which are singularly singular, this Court granted such an opportunity so as to meet the ends of justice.. The appellant, however, has failed to obtain such an opportunity and as a matter of fact no such documentary evidence has seen the light of the day even after such an opportunity to the appellant. In that view of the matter we do not see any merit in these appeals and the appeals therefore fail and are thus dismissed. No order however as to costs. In view of the order as above, we do not deem it fit to pass any order in the pending Interlocutory Applications including the Application for Contempt and the same thus stand disposed of, without any order as to costs.
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1999 (3) TMI 645 - BOMBAY HIGH COURT
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... ... ..... ot;. Extreme law is extreme injury. The learned Additional District Judge has been impressed much on account of duration of delay. In the matter of condonation of delay, the duration of delay is insignificant. The Court has to take into account whether there is acceptable explanation or pardonable explanation. In this particular case, the petitioners have satisfied that they had sufficient cause for not preferring the appeal. 14. In the result, this Civil Revision Application is allowed. The impugned order dated 4-10-1990 passed by the 3rd Additional District Judge, Latur, is hereby quashed and set aside. The delay is condoned. The Miscellaneous Civil Application for condonation of delay is hereby allowed. Regular Civil Appeal be registered and numbered. The learned District Judge, Latur is hereby directed to dispose of the Regular Civil Appeal as early as possible. Rule made absolute with no order as to costs. Interim relief stands vacated. 15. Revision application allowed.
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1999 (3) TMI 644 - ALLAHABAD HIGH COURT
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... ... ..... whether single - textured or double textured." The aforesaid entry would show that H.D.P.E. fabrics have been excluded from the exemption, but the exclusion has been diluted by specifying certain goods in the annexure in which Item No. (vi) is in respect of rubberised or synthetic water - proof fabrics whether single - textured or double textured. The exemption is, thus, in respect of water proof fabrics. No exemption is available to H.D.P.E. fabrics unless it is a water proof fabric. The Tribunal has not recorded any finding on this factual aspect of the matter. The Tribunal's order, therefore, is not sustainable in law and the Tribunal has to decide the appeal afresh, after recording a finding as to whether the H.D.P.E. fabrics sold by the dealer respondent was water proof. 3. The revision petition is, therefore, allowed. The Tribunal's order dated 5th December, 1997 is set aside and the Tribunal is directed to decide the appeal afresh, in accordance with law.
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1999 (3) TMI 643 - SUPREME COURT
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... ... ..... time and so long as these instructions are not contrary to the rules, the respondents ought to follow the same. Therefore, we have no hesitation in directing the respondents to consider the cases of the appellants for appointment to posts of Haryana Public Service (Executive Branch). However, it is made clear that the appellants shall be fitted to the post ranking below to those who had been selected along with the appellants at the time of recruitment made pursuant to result declared on June 19, 1992. The appellants will be fitted in appropriate posts and they will accord appropriate scale of pay by giving them the benefit of increments, if any, but they will not be entitled to any monetary benefits for the period for which they have been kept out of employment. Let such action be taken by the Government expeditiously but not later than a period of three months. The appeal is accordingly allowed. However, in the circumstances of the case, there will be no order as to costs.
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1999 (3) TMI 642 - HIMACHAL PRADESH HIGH COURT
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... ... ..... s case, for the reason that the Petitioner miserably failed to satisfy the requirements of Section 8(1) of the Act by proving the said fact also, as mandated. Neither any concrete nor substantial material worth credence to substantiate their claim with reference to proviso to Section 8(1) has been produced before us nor the Petitioner does appear to have produced any such material even before the Assessing Authority. On this ground also, the claim of the Petitioner has to fail and, therefore, shall stand rejected. 21. For all the reasons stated above, we see no merit, whatsoever, in the writ petition and the same fails and shall stand dismissed. We have not adverted to the question of failure on the part of the Petitioner to exhaust the alternative remedy for the reason that having regard to the importance of the legal issue, we have chosen to decide the question of law, which is of recurring nature, in the teeth of indisputable facts on record, as projected by both parties.
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1999 (3) TMI 641 - SUPREME COURT
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... ... ..... ty like DDA being directed today to provide an alternate plot to the respondents in the same locality and at the same price after a lapse of 14 years from the date of the auction. o p /o p We may place on record that according to the appellant, the auction having been stayed by the High Court, the amount of ₹ 81,250/- was sent by cheque to respondents, but they did not accept the same. o p /o p The amount has remained with the DDA for all these 14 years. o p /o p The appeal is allowed, the impugned order of the High Court directing the DDA to allot an alternate plot to the respondents is set aside. The writ petition filed by the respondents is directed to be dismissed. o p /o p However, in the facts and circumstances of this case the amount of ₹ 81,250/- which has remained with the DDA is directed to be returned to the respondents with interest calculated at the rate of 9 per cent per annum from 5.2.1985 till the date of return. No order as to the costs. o p /o p
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1999 (3) TMI 640 - SUPREME COURT
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... ... ..... he intentions of the respondent were not clear. He also mentioned that respondent after receiving the goods have sold them to others and still he did not pay the money. Such averments would prima facie make out a case for investigation by the authorities. The High Court seems to have adopted a strictly hyper-technical approach and sieved the complaint through a cullendar of finest gauzes for testing the ingredients under Section 415 , IPC. Such an endeavour may be justified during trial, but certainly not during the stage of investigation. At any rate, it is too premature a stage for the High Court to step in and stall the investigation by declaring that it is a commercial transaction simplicitor wherein no semblance of criminal offence is involved. The appellant is, therefore, right in contending that the FIR should not have been quashed in this case and the investigation should have been allowed to proceed. We, therefore, allow this appeal and set aside the impugned order.
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1999 (3) TMI 639 - ITAT MUMBAI
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... ... ..... cies acquired by the appellant. It is pleaded before us that the assessee was affluent at one time and was frequently going abroad and these foreign currencies were preserved as collector's items. The details of the foreign currencies in question have been filed before us. Considering the smallness of the amount, we accept the contentions in this regard. The addition is deleted. 21. Resultantly, we uphold additions to the extent of ₹ 1,62,97,000, per following details - (1) Hundi loans as reflected in Sheet No. 41 ₹ 1,36,42,000 (2) Interest thereon, as reflected in Sheet No. 41, for the period 1-1-1992 to 31-12-1992 ₹ 24,55,000 (3) Original hundies issued by M/s. Bhupendra Motors ₹ 2,00,000 Total ₹ 1,62,97,000 22. As clarified elsewhere, the hundi loans have to be assessed under the head "Other sources" and the interest of ₹ 24,55,000 under the head "Business". 23. Subject to the above, the appeal is partly allowed.
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1999 (3) TMI 638 - SC ORDER
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... ... ..... hoti, JJ. ORDER Appeal dismissed.
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