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2004 (3) TMI 833 - MADRAS HIGH COURT
... ... ... ... ..... dishonour of cheques issued by a foreign bank is accepted, then no company in India can enter into contracts with foreign companies and receive payments for the works executed by the Indian companies on the orders of the foreign companies. If the petitioners contention is accepted, it will result in calamity and chaos for all the Indian companies which will be deprived of their hard earned money on a technical question of law which is not in existence. Section 136 and 137 are sufficient safeguards for the companies in India to proceed against the foreign companies if any negotiable instrument is made, drawn, accepted or indorsed outside India, but in accordance with law of India they are liable to be paid in India, and if those instruments are dishonoured, there is no bar for prosecution of the drawer of the cheques in India. Therefore, the contention of the petitioners-accused fail and the Criminal Original Petition is dismissed. Consequently, connected Crl.M.Ps are closed.
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2004 (3) TMI 832 - DELHI HIGH COURT
... ... ... ... ..... Plaint, its rejection would have been possible had an application under Order VII Rule 11 been filed. Apart from awarding costs, there would have been no reason for the Court not to grant leave to file a fresh Suit on the same cause of action, subject to any other legal constraints or impediments. 6. The question that arises is what should be done at this stage. There is no opposition to the Revision, nor is there any appearance on behalf of the Respondents. The Defendant/Respondent has shown complete disinterest in the case. Such a party does not need to be compensated by costs. 7. In these circumstances, the impugned Order is set aside and the Suit is permitted to be withdrawn with leave to institute a fresh Suit on the same subject matter, if permissible in law. The plaintiff will indubitably have to satisfy the Court seized with the fresh Suit that it is inter alias not barred by the principles of limitation. 8. The Revision Petition stands disposed of in the above terms.
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2004 (3) TMI 831 - CEGAT, MUMBAI
... ... ... ... ..... uch enquiry and a finding, advantage go to the parties. Besides, there is no evidence to controvert that both the aforesaid parries have not purchased the said Ball Pens at Rs. 6 per piece from M/s. Rotomac Pens Pvt. Ltd. The purchase price of the Ball pens under export is Rs. 6 per piece from a manufacturer, and the exporters generally incur other overheads such as export packing, transportation from Kanpur to Mumbai, handling expenses incurred for completing the export formalities such as port charges, clearing agent charges, other communications., administrative overheads. The FOB price at Rs. 8.12 per piece, therefore becomes reasonable. Moreover, the foreign exchange, sale proceeds of the goods exported by both the parties have since been received as is evident from the bank receipt. 7. No satisfactory reasons have been adduced to discard the above findings. We concur with the Commissioner that the transaction value is to accepted, uphold his order and reject the appeal.
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2004 (3) TMI 830 - CALCUTTA HIGH COURT
... ... ... ... ..... in Court. The Supreme Court has made it clear in the case of Bhaskar Industries Ltd. v. Bhiwani Denim Apparels Ltd. and Ors., reported in 2001 C Cr LR (SC) 481. I am of the opinion that in this case the accused petitioner may be permitted to be represented under Section 205 of the Criminal Procedure Code by any learned Advocate who would represent him in the Court below. The accused will submit a written undertaking before the learned Court that he will not challenge the identity and the trial will proceed in his absence. 4. Accordingly, I dispose of this revisional application by directing the learned Chief Metropolitan Magistrate, Calcutta, to allow the prayer of the petitioner for representation under Section 205 of the Criminal Procedure Code without first appearance before him. 5. Criminal Section is directed to send a copy of this order to the learned Chief Metropolitan Magistrate, Calcutta, by special messenger at the cost of the petitioner to be deposited by tomorrow.
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2004 (3) TMI 829 - CALCUTTA HIGH COURT
... ... ... ... ..... rable at all in terms of the contract. The bar imposed by the contract had come into operation, before the decree-holder raised the disputes and sought the reference. This being the position, the award made by the Arbitrator was clearly a nullity. The authorities cited by Mr. Chatterjee fully support this position. Consequentially the decree is also a nullity. Hence I am of the view that the decree is not executable. 12. For the foregoing reasons I hereby allow this application filed under Section 47 of the Code of Civil Procedure. The execution proceeding (E.C. No. 22 of 2003) initiated by the decree-holder is hereby dismissed. 13. In the facts and circumstances of the case, I am not inclined to make any order for costs in favour of the judgment-debtor, either in this application or in the execution proceeding. Hence there will be no order for costs in both of them. Urgent certified xerox copy of this judgment and order shall be made available to the parties, if applied for.
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2004 (3) TMI 828 - SC ORDER
... ... ... ... ..... manan, JJ. ORDER Appeal admitted
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2004 (3) TMI 827 - SUPREME COURT
... ... ... ... ..... ecial Leave Petition was maintainable against an Order rejecting a Review Petition, was not considered at all. In those cases, the question was whether Special Leave Petition was barred by principles of res judicata. It has been held that Special Leave Petition is not barred by principles of res judicata. In neither of those cases reference has been made to the above mentioned judgment of this Court in Shankar Motiram Nale's case (supra). In both those cases it has been held that a Special Leave Petition is maintainable only in the context of it being barred on principles of res judicata. In both those cases the question whether a Special Leave Petition is against an Order disposing of a Review Petition was not considered at all. These cases therefore have no relevance at all. On the basis of the ratio in Shankar Motiram Nale's case (supra), we hold that these Special Leave Petitions are not maintainable. They are dismissed as such. There will be no order as to costs.
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2004 (3) TMI 826 - KARNATAKA HIGH COURT
... ... ... ... ..... petitioners have not been able to make out any of the said grounds. 31. It is also necessary to mention another settled principle of law to the effect that the Court should exercise inherent powers with great care, caution and circumspection and in rarest of rare cases. Even on this score, in the opinion of this Court, these petitions are devoid of merits 82. For the foregoing reasons, Crl, P. No. 3840/2003 stands allowed and the order Impugned is hereby set aside. Consequently, the proceedings against A-4 to A-6 in C.C. No. 34677/2002 on the file of the XVI Addl. C.M.M. stand quashed, and accordingly the order dated 7-5-2002 in this regard is hereby set aside. However, the trial Court shall proceed with the trial of the case against the other accused persons. Crl. P. Nos. 2046, 2047, 3819, 3820, 3821, 3836, 3837, 3838, 3839, 3842, 3843, 3844, 3845, 3846, 3679, 3680, 3681, 3682, 3683 and 3684/2003 are dismissed and the orders Impugned in these petitions are hereby maintained.
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2004 (3) TMI 825 - SUPREME COURT
... ... ... ... ..... blished for similar purpose. 55. In view of the finding recorded above regarding meaning of the word 'any person' occurring in Clause (c) of Sub-section (1) of Section 43A of the Act, it becomes wholly unnecessary to go into the question as to in fact any consent was given by the state government, if so, when and the effect of the same for supply of electricity to the sister concern of the participating industries. 56. We, therefore, hold that no licence is necessary for utilization of energy generated by APGPCL and utilized by the participating industries and the concerns holding shares of APGPCL transferred to them by the participating industries to the extent of value of the shares so transferred. It would, however, be necessary to have a licence for supply of energy to the sister concerns. In the result, the appeals are partly allowed and the judgment and order passed by the High Court stands modified in the manner indicated above. Parties to bear their own costs.
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2004 (3) TMI 824 - SUPREME COURT
... ... ... ... ..... complainant's case and the patent mala fides involved. It is no doubt true that the threshold interference by exercise of jurisdiction under Section 482 of the Code has to be in very rare cases, and this case appears to be of that nature. It fits in with the category No. 7 of broad categories indicated in State of Haryana v. Bhajan Lal 1992CriLJ527 . It is to be noted that though plea regarding non-complaint before the Magistrate was specifically taken to justify interference, the High Court has not dealt with this aspect at all thereby adding to the vulnerability thereof. 21. The continuance of the proceeding by way of prosecution in this case would amount to abuse of the process of law. 22. The High Court's judgment and the proceedings in ICC No. 45/91 are quashed. We make it clear that we have not expressed any opinion about the merits of the cases instituted against respondent-complainant which shall be dealt with in accordance with law. 23. The appeal is allowed.
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2004 (3) TMI 823 - ANDHRA PRADESH HIGH COURT
... ... ... ... ..... ant cannot be said to be a loan as defined under the Andhra Pradesh (Telangana Area) Money Lenders Act, 1349 Fasli. Since the appellant had no money lending business licence, it cannot be said that there was a legally enforceable liability of the respondent in view of Section 9(2) read with Section 2(4) of the Andhra Pradesh (Telangana Area) Money Lenders Act, 1349 Fasli. Once an Act declares that a particular transaction is illegal, it cannot be made legal for the purpose of any other Act. The sheet-anchor of Section 138 of the Act is as to legally enforceable liability against the respondent, which is conspicuously absent in the case on hand. Therefore, there was no legally enforceable liability against the respondent. I am of the opinion that the Judgment of the Court below is a well reasoned one and does not suffer from any irregularity or illegality. There are no grounds to interfere with the Judgment of the lower Court. 19. Accordingly, the Criminal Appeal is dismissed.
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2004 (3) TMI 822 - SC ORDER
... ... ... ... ..... uld be considered for these equipments as mode of settlement. Other than the above equipments all others equipments of port facilities should be considered as port handling equipment and thereof, could not be eligible for project benefit. In view of this settlement the impugned order under appeal is set aside and is ordered in terms of the settlement. The appeal stands disposed of accordingly.
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2004 (3) TMI 821 - SUPREME COURT
... ... ... ... ..... circumstances it was absolutely necessary for the 1st Respondent to produce his books of accounts particularly as he has admitted that he was doing money lending business. 13. There is any reason also why the impugned judgment cannot be upheld. According to the 1st Respondent these transactions were to be unaccounted transactions. According to the 1st Respondent, all these amounts are paid in cash. If these are unaccounted transactions then they are illegal transactions. No. court can come to the aid of the party in an illegal transaction. It is settled law that in such cases the loss must be allowed to lie where it falls. In this case as these are unaccounted transactions, the Court could not have lent its hands and passed a decree. For these reasons also the suit was required to be dismissed. 14. In the above view, the impugned judgment is set aside. The order of the trial Court is restored. 15. The Appeals stand disposed of accordingly. There will be No. order as to costs.
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2004 (3) TMI 820 - DELHI HIGH COURT
... ... ... ... ..... of the Criminal Procedure Code. Finally, after the pronouncement of the Judgment of the Division Bench and the imprimatur granted to it by the Hon'ble Supreme Court the Respondents still continue with their illegal practice of not recording the actual possession of the land, resulting in the filing of a number of writ petitions and suits in Courts of law. Unless such attitude and conduct is tackled with a firm hand orders of the Court will not be followed causing not merely unbearable suffering to the citizens but also the explosion of legal dockets. Respondent No.1, Shri B.S. Bhalla, has been served but has not filed any defense in writing. Appearance has variously been entered either for Respondent No. 2 (Respondent) or for the Respondents. I find the Respondents guilty of having committed Contempt of the Judgment of the Division Bench, pronounced on January 17, 1995. For sentencing, renotify on 12th March, 2004 on which date the Respondents shall be personally present.
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2004 (3) TMI 819 - SUPREME COURT
... ... ... ... ..... ntence imposed on the Appellants may kindly be quashed. Learned Counsel for the Appellants placed reliance on the judgment of this Court in the case of Texmaco Ltd. v. State of A.P. (2000) 1 SCC 763, where this Court on similar facts and circumstances of that case, had allowed such prayer and set aside the conviction and sentence. 6. We have perused the records of the said case, which in our opinion are similar to the facts of the present case and we think it proper that prayer of the parties seeking to settle the dispute and praying for setting aside the conviction and sentence should be allowed. In the said view of the matter on following the judgment of this Court in the above case, we allow this appeal setting aside the conviction and sentence imposed on the Appellants in the interest of justice in view of the fact that the dispute is settled between the parties and Section 147 of the Negotiable Instruments Act permits compounding of the offence. 7. The appeal is allowed.
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2004 (3) TMI 818 - MADRAS HIGH COURT
... ... ... ... ..... f exemption can be denied on the sole ground that the payments made by the patients to the hospital should be construed as rent or not and on facts it was held that the payments made therein cannot be treated as rent. In the instant case, there is a specific admission on behalf of the plaintiff in the oral evidence of P.W.1 that rents are being collected. Further, in the above mentioned decision on facts it was held that the hospital as a charitable hospital. 26. For the foregoing reasons, we are of the opinion that the plaintiff/respondent cannot be construed as a charitable hospital within the meaning of Section 86(e) of the District Municipalities Act, 1920 and Section 123(e) of the Coimbatore City Municipal Corporation Act, 1981. Therefore, the Judgment and the decree of the appellate Court confirming the Judgment and decree of the trial Court is set aside and the suit is dismissed. 27. The above Letter Patent Appeal is allowed. However there will be no order as to costs.
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2004 (3) TMI 817 - SUPREME COURT
... ... ... ... ..... and on compliance of stringent conditions. 6. The Aravalli hill range has to be protected at any cost. In case despite stringent condition, there is an adverse irreversible effect on the ecology in the Aravalli hill range area, at a later date, the total stoppage of mining activity in the area may have to be considered. For similar reasons such step may have to be considered in respect of mining in Faridabad District as well. 7. MOEF is directed to prepare a short term and long term action plan for the restoration of environmental quality of Aravalli hills in Gurgaon district having regard to what is stated in final report of CMPDI within four months. 8. Violation of any of the conditions would entail the risk of cancellation of mining lease. The mining activity shall continue only on strict compliance of the stipulated conditions. 96. The matters are directed to be listed after reopening of courts after summer vacation on receipt of the report from the Monitoring Committee.
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2004 (3) TMI 816 - SUPREME COURT
... ... ... ... ..... s sources of earning livelihood and employment. Tourists and pilgrims are the major sources of revenue for the Local Municipal Bodies and the inhabitants of the three towns. Geographical situation and peculiar culture of the three towns justify complete restriction on trade and public dealing in non-vegetarian food items including eggs within the municipal limits of the towns. The High Court rightly upheld it to be a reasonable restriction. Trade in all kinds of food items vegetarian or non-vegetarian in adjoining towns and villages outside the municipal limits of three towns remains unrestricted and there is no substantial harm caused to those engaged in such trade. 40. For the aforesaid reasons, the impugned bye-law notified by Municipal Board Rishikesh cannot be held to be vocative of Article 19(1)(g) of the Constitution. With this addition, I respectfully agree with the opinion of learned brother Shivaraj V. Patil, J. and with his conclusion that this appeal be dismissed.
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2004 (3) TMI 815 - ANDHRA PRADESH HIGH COURT
... ... ... ... ..... here is no scope for obtaining a succession certificate in respect of the samfmanue, which was followed by a learned Single Judge of this Court in a case reported in Branch Manager, State Bank of Hyderabad v. G.R.B. Viswanatha Raju, AIR1993AP337 . 23. We are, therefore, of the view that the petition filed by the respondent herein for grant of succession certificate, is only misconceived, perhaps prompted by a legally baseless demand on the part of the Banks to obtain a succession certificate to enable the respondent to receive the gold ornaments pledged with them by the deceased Venugopal Reddy. 24. Accordingly, this CMA is allowed. No order as to costs. However, it is made clear that in view of the fact that the respondent herein cleared off the loans, for which the gold ornaments were pledged as a security, it is open for the respondent to take such appropriate steps, that are available under law, for recovery of the gold ornaments if she is otherwise entitled to the same.
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2004 (3) TMI 814 - MADRAS HIGH COURT
... ... ... ... ..... lancing of the pros and cons relevant to the change in policy, hence it is for them to decide and not for the Court. It is stated that condition of 12 months MRLF has been fixed taking into account of number of passengers in a given period. These are essentially matters of economic policy which lack adjudicative disposition. This is a judicial recognition of administrator's right to trial and error within their limits of authority. 21. The act of the respondents 1 and 2 confined and structured by rational, relevant and non-discriminatory standards and the conditions imposed are reasonable neither affected by bias or actuated by mala fides. The averment that CBI enquiry is pending against the third respondent is concerned, it is for the respondents 1 and 2 to accept or reject its Tender following the terms of Tender conditions or norms or guidelines. No reason is found for interference in the matter. Hence, writ petition is dismissed. No costs. Connected W.P.M.P is closed.
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