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Showing 1 to 20 of 489 Records

• 2006 (10) TMI 520
  
  ... ... ... ... ..... tained. 13. Coming now to the plea of learned Counsel that Respondent No. 1 has been appointed in August, 2005, in our opinion, is not of much significance. If he has been appointed pursuant to the order of the High Court, the same invariably would be subject to the result of this appeal. Respondent No. 1 did not have any legal right to be appointed even out of the said panel. His position was at Serial No. 4 and not even at Serial No. 1. Therefore, there were three persons in the panel above him. The High Court, therefore....... + More

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• 2006 (10) TMI 519
  
  ... ... ... ... ..... ents in public sector in order to meet the efficiency and as a matter of fact, Section 10(10C) is by way of an incentive. The learned senior counsel Mr.S.R.Ashok relies on a judgment of Supreme Court in Commissioner of Income-tax v. Venkateswara Hatcheries (P) Ltd. (1999) 3 SCC 632 to canvass that the basic rule of interpretation was that the purport and object of the Act must be given its full effect and the entire Statute must be read as a whole and purpose construction should be given to the Legislation. There is no qua....... + More

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• 2006 (10) TMI 518
  
  ... ... ... ... ..... their own employees instead of accusing and disregarding the report and affidavits of the Complainants as to the value of the contents kept in the locker. It was a great shock to the family when they found the entire contents of their locker vanished. The assurance of the Bank that they will provide complete security becomes a myth when the Bank takes a consistent stand of finding fault with the consumer. 35. In the result, the complaint is allowed. We direct that the Opposite Parties No. 1, the Punjab and Sind Bank, shall....... + More

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• 2006 (10) TMI 517
  
  ... ... ... ... ..... the cancellation deed that such cancellation deed does not alter the rights. Further some of the parties filed suits and obtained status quo orders. 131. It is also to be seen that there are many disputed questions of fact, which this Court cannot delve under Article 226 of the Constitution of India. Further it is not as though the petitioners are without any remedy, they have alternative remedy before the competent civil Court, which will be in a position to adjudicate based on the evidence both oral and documentary avail....... + More

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• 2006 (10) TMI 516
  
  ... ... ... ... ..... er judgments noticed above, we cannot resist the conclusion that the instant petition lacks merit and is, thus, liable to be dismissed. We are further of the view that departmental proceedings cannot be permitted to wait endlessly till the conclusion of criminal trial, which may take its own time because it would not be in the interest of respondent department that a person like the petitioner, who is charged with serious misdemeanour should be continued in the disciplined force indefinitely which the criminal proceedings ....... + More

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• 2006 (10) TMI 515
  
  ... ... ... ... ..... he amounts due under the instrument, he holds. Section 43 has, therefore, to be read in conjunction with Section 36 of the Act. The rights conferred to a holder in due course under Section 36 are not intended to be defeated on the ground that a prior transaction relating to the instrument was bad for want of consideration. The latter part of Section 43, thus, is to preserve intact the rights conferred on a holder in due course under the general provision contained in Section 36 of the Act. I am entirely in agreement with t....... + More

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• 2006 (10) TMI 514
  
  ... ... ... ... ..... not put forward. On overall consideration of the matter, we find that there is absolutely no substance in the contention that the applicant would undergo any financial crisis by depositing the amount of ₹ 12 lakhs. 6. The applicant-assessee was required to pay ₹ 49,04,116/- by way of Service tax and penalty of like amount was also imposed. Therefore, the pre-deposit of ₹ 12 lakhs, as ordered, comes hardly to 12% of the amount payable by the applicant under the impugned order. We do not find any justificat....... + More

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• 2006 (10) TMI 513
  
  ... ... ... ... ..... hers to move an appropriate application before this Court for modification or clarification if required. 21. Having regard to the averments made in the petition, the material placed on record and the affidavit filed and reply of the Regional Director and the Official Liquidator, the petition is allowed subject to the above observations. I am satisfied that the prayer made in the petition deserves to be allowed. I do not find any legal impediment not to sanction the scheme of amalgamation. Hence subject to the above observa....... + More

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• 2006 (10) TMI 512
  
  ... ... ... ... ..... nt case, is committed by the Police Officer, the ground of delay of disposal of cases or otherwise would not scuttle the miscarriage of justice. Similarly, we are of the view that in the given facts and circumstances of this case, the accused themselves would be liable to be blamed for the delay, if any. With regard to the submission of the learned counsel for the appellant that the complainant has not challenged the non-framing of charge under Section 395 IPC, the same is not borne out from the record. In fact, an applica....... + More

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• 2006 (10) TMI 511
  
  ... ... ... ... ..... company. However, having regard to the facts and circumstances of the case, I do not find any illegality in passing the impugned order of conviction. But in so far as the amount to be paid, the learned Magistrate has awarded ₹ 34,65,000/-. Of course though it is permissible to award double the amount as fine or compensation, no reasoning has been assigned why so much of fine is imposed above the cheque amount. Might be that it is towards interest or for delay in payment. 32. Having regard to the facts and circumstanc....... + More

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• 2006 (10) TMI 510
  
  ... ... ... ... ..... gs under this Act. 4. It is clear from the reading of the aforesaid provision that passport could be seized if in the opinion of the competent officer, it would be useful for, or relevant to, any proceedings under this Act. In so far as criminal proceedings are concerned, the same are already over and has resulted in conviction, as mentioned above. As far as penalty, which is imposed upon the petitioner by the adjudicating authority, is concerned, if the same is not paid, the respondent can recover the amount in accordance....... + More

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• 2006 (10) TMI 509
  
  ... ... ... ... ..... State Government have been exempted from the provisions of the Act. Arguing further, he submitted that the words in Section 2(b) and 2(a) are so clear and unambiguous that no further interpretation need be made to amplify the same and that the provisions made in the enactment of 1989 make it clearer that the respondent institution is a recognized educational institution managed by the private management and is within the effective management of the State Government and, therefore, it is entitled to be excluded from the app....... + More

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• 2006 (10) TMI 508
  
  ... ... ... ... ..... customer by the respondents has to be tested on the touchstone of the principle of unjust enrichment. 4. We, therefore, dispose of the I.As with the following directions 1. Within a period of four weeks, respondents shall file an application before the appropriate authority praying for refund of the amount deposited by them; 2. While examining the claim the concerned authority shall keep in view the principles of Unjust Enrichment in respect of all amounts which have been passed on to any customer in essence that it has be....... + More

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• 2006 (10) TMI 507
  
  ... ... ... ... ..... venience which are sought to be served by amendment of the Building Rules and the resolution of the Corporation issued thereupon. It is, thus, now well-settled law that an application for grant of permission for construction of a building is required to be decided in accordance with law applicable on the day on which such permission is granted. However, a statutory authority must exercise its jurisdiction within a reasonable time. See Kuldeep Singh v. Govt. of NCT of Delhi, AIR 2006 SC 2652 . 11. For the views we have take....... + More

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• 2006 (10) TMI 506
  
  ... ... ... ... ..... n to implement and commence the golf course project in due course of time and also the fact that it owns extensively immovable properties. In view of my foregoing conclusion and (i) in exercise of the powers under Sections 237(b)(i) and 402; (ii) to make appropriate orders bringing to an end the acts complained of and (iii) to regulate the conduct of the future affairs of the Company, it is hereby declared that- (i) the enhancement of authorised capital of the Company from ₹ 27 crores to ₹ 53 crores is illegal ....... + More

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• 2006 (10) TMI 505
  
  ... ... ... ... ..... roperties vide Ex.D.50 dated 11.8.75 standing in the name of defendant No. 2 are joint family acquisitions wherein the plaintiff and the deft No. 9 as co-parceners can seek partition of their specific share in them. Thus, the finding arrived at by the trial court appears to us to be categorical finding which cannot be termed to be vague. Therefore, the view taken by the trial court appears to be justified and the finding given by the High Court is absolutely vague. Hence, we affirm the finding of the trial court and set as....... + More

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• 2006 (10) TMI 504
  
  ... ... ... ... ..... n. Therefore, they constitute an agreement or promise by the debtor to pay the time barred debt, Since the accused has not paid the cheque amounts inspite of demand made by the complainant the accused has committed an offence under Section 138 of the Act. The learned Magistrate has committed an error in dismissing the complaint and recording and order of acquittal in favour of the accused. 14. For the foregoing reaons, I answer the point formulated for my consideration in the negative. In the result, the Appeal is allowed ....... + More

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• 2006 (10) TMI 503
  
  ... ... ... ... ..... confirmed. 4. The learned JDR defended the departmental view. 5. The learned Counsel Smt. Rukmani Menon relies on the ruling rendered in the case of M/s. BST Ltd. v. CCE, Cochin by Final Order No. 921/2006 dated 10-5-2006 2006 (4) S.T.R. 40 (T) and also relies on the rulings cited supra. 6. On a careful consideration, we notice that the demands of Service Tax become sustainable only after 16-8-2002 when the provisions of Rule 6 was amended. Therefore, the Commissioner (Appeals) is justified in dropping the demands, as in t....... + More

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• 2006 (10) TMI 502
  
  ... ... ... ... ..... s have actually been made by the assessee, as claimed by it, and if the payment has been made, its claim should be allowed. 6. We have heard Sri Shamboo Chopra, learned standing counsel for the Revenue. Nobody has appeared on behalf of the respondent-assessee. 7. In view of the order of the Tribunal confining the jurisdiction of the assessing authority to enquiry only regarding the genuineness of the payments made by the assessee, it was not open to the assessing authority to embark upon any other enquiry and to reopen the....... + More

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• 2006 (10) TMI 501
  
  ... ... ... ... ..... aire were to be put to Suresh Shah, but strangely the same questions had been put to all Respondents. Except one question, viz., what you want to say in your defence? , not only similar questions had been put, similar answers had been recorded. Strangely enough, even questions required to be put to each of the accused persons separately have been made part of the same questionnaire. Such common questions framed and asked to all the accused persons did not subserve the requirements of Section 313 of the Code of Criminal Pro....... + More

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