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1992 (7) TMI 355
... ... ... ... ..... 5's promotion would have to be invalidated. In the result we allow this appeal and set aside the order of the High Court. We direct the University to fix the Appellant's seniority between the actual date of appointment of Dr. Bhatia and the regularisation of the ad hoc promotions of Respondents Nos. 4 and 5. The University will determine the point of time when the Appellant could have been appointed on the substantive post of Professor of Medicine had there been no prohibition against the implementation of the sele....... + More
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1992 (7) TMI 354
... ... ... ... ..... tated and the question referred to us at the instance of the assessees. The fact that the applicant-assessees have not appeared before us and have not submitted any arguments on why this question of law was wrongly deckled by the Tribunal clearly shows that the applicant-assessees are not more interested in the proceedings and do not desire any answer by the Court on the question referred to it. In these circumstances, we fail to see why we should take up public time in deckling a question in which the party desiring it to....... + More
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1992 (7) TMI 353
... ... ... ... ..... l by evidence is indeed entirely a different matter. Since there is no positive finding either of the adjudicating officer or of the Appellate Board that Section 68 has not been factually established in this case or that the said section cannot be attracted and rather the departmental proceeding and the order passed therein could not be sustained because of absence of a finding on the matter or better I should say because of non-consideration of the said provision of Section 68 by the adjudicating officer, that question wh....... + More
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1992 (7) TMI 352
... ... ... ... ..... rant selection scale of ₹ 5900-200-6700 to RHJS Officers with effect from 1.9.1988 under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989. However, the third direction given by the learned single Judge to grant supertime scale of ₹ 7300-7600 to seven Officers of the RHJS from amongst those who are already in selection scale w.e.f 1.1.1992 and post them as District Judges at five Divisional Headquarters other than Jaipur and two at Jaipur; one for Jaipur City and another for Jaipur District is set a....... + More
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1992 (7) TMI 351
... ... ... ... ..... shown to be the Joint Hindu Family property. Prima facie the defendants have been able to establish that they constituted a Joint Hindu Family under the name and style of Dev Raj Bajaj and Sons and property bearing No. A-167, Defence Colony, New Delhi was a Joint Hindu Family property. One of the sons has filed a suit for partition of the property Nothing has been brought on record that prima facie the partition decree obtained from this court was a result of a fraud or collusion. A member of a Joint Hindu Family can claim....... + More
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1992 (7) TMI 350
... ... ... ... ..... a person or documents and that is possible, and at least more effective, when the person being interrogated is in custody. Liberty of the citizen is desirable but also desirable is the need to detect, investigate and prosecute those guilty of any offence, not excluding economic offences. 7. To sum up, the fact that petitioner has been in custody since 4-6-1992 at the behest of the CBI, that some information in relation to the FERA violations has come to light as a result of the CBI interrogation and that he is ready to sub....... + More
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1992 (7) TMI 349
... ... ... ... ..... anubhai P. Patel, an individual. In fact, the order passed by the Commission shows that it decided to throw the baby out with the bath water without pausing to consider how, due to any contamination in the bath water, the baby also could be thrown out. Consequently, without expressing any opinion on the merits of the controversy between the parties, these petitions are allowed. The orders of the Commission at annexure C so far as the seven petitioners are concerned are quashed and set aside. The seven applications moved by....... + More
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1992 (7) TMI 348
... ... ... ... ..... ended that it is not in all the cases that the link is snapped because of delay and for this purpose he has placed reliance on the decision of the Supreme Court in the case of TA. Abul Rahman V. State of Kerala and Ors. reported in Judgments Today 1989 (3) S.C.444. There is no quarrel with the proposition of law laid down by Supreme Court, that the live link does not snap automatically because of the delay. But the circumstances of each case has to be viewed and weighed in each case. As pointed out above the facts of this ....... + More
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1992 (7) TMI 347
... ... ... ... ..... (1)(c) as the Tribunal has not taken into consideration the advertisement published by the CBDT. Thus when the circulars of the Board clearly barred the investigation of roving nature, the CIT could not pass orders under s. 263 of the IT Act and under s. 25(2) of the WT Act, directing the Assessing Officer to find out the year of acquisition of gold ornaments and also to find out whether the ornaments in fact were purchased by somebody else than the assessee. If such directions are not of roving nature then we do not know ....... + More
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1992 (7) TMI 346
... ... ... ... ..... head to another major head not in other circumstances. The purpose of the enactment is only the orderly growth of a city and it regulates each area of the city with regard to the nature of buildings that could be put up, namely, commercial, industrial or residential. When that aspect is taken care of, rest of the matters should be left to the municipal authorities and other licensing authorities who regulate the trade or other activities. Consequently, I do not think the contention advanced on behalf of the petitioner will....... + More
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1992 (7) TMI 345
... ... ... ... ..... 3. We may also point out in this connection the submission made by learned counsel for the respondents that the Special Court is required to follow the procedure prescribed under the Criminal Procedure Code in respect of trial offence. But while dealing with other questions which may arise before the Special Court, the court is entitled to proceed in accordance with all relevant procedural or substantive laws which may be applicable. 14. Undoubtedly, it would have been better had these powers of the Special Court been spel....... + More
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1992 (7) TMI 344
... ... ... ... ..... to his antecedents which were not disclosed by him at the time of his appointment as Vice-Chancellor. Similarly the judgment in Dr. D.C. Saxena v. State of Haryana (1987)IILLJ360SC has no relevance to the facts of this case. 17. We, therefore, allow the appeal with costs, set aside the judgment of the High Court, allow the writ petition of the appellant and quash the resolution of the Institute-Body dated November 24, 1980 and the consequent order retiring the appellant. Since the appellant has already attained the age of ....... + More
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1992 (7) TMI 343
... ... ... ... ..... usiness as and for the business of the plaintiffs by the use of the word Bedrock as part of the first defendants' corporate name; and (ii) from infringing the plaintiffs' registered trade marks and/or passing off goods manufactured by anyone other than the plaintiffs, or their permitted users, by use of the word Bedrock in connection with such goods, (b) The above injunction in terms of prayer (a) (i) is suspended for a period of 8 weeks from today, to enable the first defendants to take steps to have their corpora....... + More
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1992 (7) TMI 342
... ... ... ... ..... irregularity in the filing of the affidavit, the appellant should have been given an opportunity to rectify the same. 4. We are, therefore, of the opinion that the Division Bench was in error in dismissing the appeal on the short ground that the affidavit filed in support of the petition was not in proper form and that the petition could not be entertained. We, therefore, set aside the order of the Division Bench dated 21 -8-1991. In the result, the Company Appeal will stated revived before the Division Bench for disposed ....... + More
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1992 (7) TMI 341
... ... ... ... ..... aking twenty trips to Delhi they spent a seizable amount of ₹ 29,000 from their own pockets as against which they have received a sum of ₹ 5,000 only on 29th October, 1991. At one point of time they had also difficulty in procuring accommodation in Maharashtra Sadan till we passed orders in that behalf. such devotion and dedication enhances the image and prestige of the legal profession. Apart from the time actually spent on the aforesaid twenty occasions in this Court one has to merely imagine the number of ho....... + More
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1992 (7) TMI 340
... ... ... ... ..... y the procedure provided by Note 2 and that consequently the relinguishment letters even if executed voluntarily by the teacher relinquishing his or her right tinder Rule 51A cannot result in the forfeiture or the preferential right to appointment. Rule 51A and Note 2 thereunder are based upon public policy and they are intended to prevent malpractices. Therefore the judgment of the learned. Single Judge is correct and is liable to be confirmed. In this context we may state that a learned Single Judge of this Court in Path....... + More
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1992 (7) TMI 339
... ... ... ... ..... Court decides to follow the second course, it must bear the parties fully with reference to the entire evidence on the records relevant to the issue in question and this is possible if only a proper paper book is prepared for hearing of facts and notice is given to the parties. The grounds which may be available in support of a plea that the finding of fact by the court below is vitiated in law, does not by itself lead to the further conclusion that a contrary finding has to be finally arrived at on the disputed issue. On ....... + More
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1992 (7) TMI 338
... ... ... ... ..... inistrative Tribunal or Adjudicating Authority has exonerated the petitioner, then on the same facts and material criminal proceedings cannot continue and have to be ordered to be dropped. Therefore, there is no question of his seeking discharge. He is asking for quashing of those proceedings which in the eye of law are not maintainable. This to my mind, the High Court is the appropriate forum to do. The same facts and circumstances which have been gone into by the adjudicating authority and pursuance to which petitioner i....... + More
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1992 (7) TMI 337
... ... ... ... ..... ers, etc., cannot amount to an attack on any political party if the criticism is genuine and objective and made in good faith. If the norms for appraisal was the same as applied by the censors while granting the U' certificate, it is difficult to understand how Doordarshan could refuse to exhibit it. It is not that it was not sent for being telecast soon after the disaster that one could say that it is outdated or has lost relevance. It is even today of relevance and the press has been writing about it periodically. Th....... + More
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1992 (7) TMI 336
... ... ... ... ..... t be laid at the doors of the University, directing action be taken against its officials. Though the observation of the learned Single Judge was diluted by the Division Bench, we consider such observations are not warranted in the circumstances of this case. 13. In view of the offer made by the learned Counsel for the first respondent which has come to be accepted by the learned Attorney General we uphold the impugned memorandum dated 4.4.91, subject to the following modifications 1. The period of debarment is reduced and....... + More
