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• 2004 (3) TMI 814
  
  Issues Involved:
  
  1. Maintainability of the writ petition.
  2. Arbitrariness and violation of Article 14 in the tender notification.
  3. Validity of the grouping of airports.
  4. Conditions of eligibility and turnover requirements.
  5. Allegations of mala fides and favoritism.
  6. Applicability of judicial review in contractual matters.
  
  Issue-wise Detailed Analysis:
  
  1. Maintainability of the Writ Petition:
  The respondents argued that the writ petition is not maintainable as the terms and conditions of the tender notification fall within the realm of contract law. The petitioner challenged the grouping of airports and eligibility criteria, claiming it violated Articles 14 and 19(1)(g) of the Constitution. The court noted that the terms of the tender notification cannot be challenged under Article 226 of the Constitution of India.
  
  2. Arbitrariness and Violation of Article 14:
  The petitioner contended that the grouping of various airports without reference to their commercial potential and other aspects was arbitrary and violated Article 14 of the Constitution. The court held that the grouping was done based on advice from the Ministry of Civil Aviation to ensure quality advertisements at smaller airports by clubbing them with larger airports. This was found to be a reasonable classification aimed at achieving international quality advertisements and maximizing revenue.
  
  3. Validity of the Grouping of Airports:
  The petitioner argued that the grouping of airports was unconventional and arbitrary. The court found that the grouping was done to ensure that bidders with requisite financial background and experience could bring in quality advertisements to smaller airports, which was a valid commercial consideration. The court concluded that the grouping was perfectly valid and not arbitrary.
  
  4. Conditions of Eligibility and Turnover Requirements:
  The petitioner challenged the turnover requirement of 12 months equivalent of the Minimum Reserved Licence Fee (MRLF) as arbitrary and unreasonable. The court held that the conditions were imposed to ensure that only financially sound and experienced bidders could participate, which was necessary for achieving the desired quality of advertisements. The court found the conditions reasonable and within the administrative authority's discretion.
  
  5. Allegations of Mala Fides and Favoritism:
  The petitioner alleged that the conditions were tailored to suit the third respondent, who was facing a CBI enquiry. The court found no evidence of mala fides or favoritism in the tender conditions. It held that the decision-making process was rational, relevant, and non-discriminatory, and the conditions were not affected by bias or actuated by mala fides.
  
  6. Applicability of Judicial Review in Contractual Matters:
  The court noted that while the terms of the invitation to tender are not open to judicial scrutiny, the decision-making process can be reviewed for arbitrariness, unreasonableness, and mala fides. The court found that the decision to group airports and impose certain eligibility criteria was based on valid commercial considerations and did not warrant interference. The court emphasized that judicial intervention is warranted only when there is overwhelming public interest, which was not the case here.
  
  Conclusion:
  The writ petition was dismissed, with the court finding no reason to interfere in the tender process. The court upheld the grouping of airports and the eligibility criteria as reasonable and within the administrative authority's discretion. The allegations of mala fides and favoritism were found to be baseless, and the decision-making process was deemed rational and non-arbitrary. The court reiterated the limited scope of judicial review in contractual matters, emphasizing the need for fairness and non-arbitrariness in state actions.

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• 2004 (3) TMI 813
  
  Issues:
  1. Applicability of amended Section 3(c) of the Delhi Rent Control Act, 1958 to a standard rent application pending before the Court on 1.12.1988.
  
  Analysis:
  
  Issue 1: Applicability of amended Section 3(c) to pending standard rent application
  The case involved a dispute where the appellant-tenant filed a standard rent application on 11.4.1978, seeking fixation of standard rent at Rs. 1,350 per month for a shop leased at Rs. 5,000 per month. The respondent moved an application under Section 151, CPC before the Rent Controller on 27.5.2000, seeking dismissal of the standard rent application based on the amended Section 3(c) of the Rent Act. The Rent Controller allowed the landlord's application, leading to subsequent appeals. The appellant contended that the amendment did not intend to affect rights vested at the time of filing the standard rent application. However, the Court held that the right to pay standard rent was not an accrued right but a right to take advantage of an enactment, and the amendment rationalized the Rent Act to balance the interests of landlords and tenants. The Court emphasized that the rights of a statutory tenant under the Rent Act were protective, not vested, and the amendment aimed to withdraw protection from wealthier tenants. Consequently, the Court dismissed the civil appeal, upholding the dismissal of the standard rent application due to the amended Section 3(c.
  
  Conclusion:
  The Supreme Court ruled that the amended Section 3(c) of the Rent Act was applicable to the pending standard rent application filed by the tenant, leading to the dismissal of the application. The Court clarified the distinction between accrued and mere rights, emphasizing that the amendment aimed to rationalize the Rent Act and strike a balance between landlords and tenants' interests. The judgment highlighted that the rights of a statutory tenant were protective, not vested, and the amendment intended to withdraw protection from wealthier tenants. Thus, the civil appeal was dismissed, affirming the dismissal of the standard rent application based on the amended provision.

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• 2004 (3) TMI 812
  
  Issues:
  Interpretation of Rule 9 and Rule 36A of the Bihar Excise Act regarding establishment charges for licensees.
  
  Analysis:
  The judgment dealt with licensees under the Bihar Excise Act who were granted licenses in various forms. The key issue revolved around the demand for establishment charges by the Respondents-authority, which was contested by the Petitioners. The demands were made under Rule 9 and Rule 36A of the Rules under the Bihar Excise Act. Rule 9 pertains to the appointment of officers and establishment by the Commissioner for the charge of a distillery. The judgment referred to a previous case where it was held that Rule 9 is valid but applies only to distilleries licensed solely for the manufacture of denatured spirit or commercial spirit unfit for human consumption. For distilleries licensed for manufacturing potable liquor along with denatured spirit, Rule 9 cannot be used for charging establishment fees.
  
  Regarding specific cases of the Petitioners, those holding composite licenses for manufacturing potable liquor were found not liable to pay establishment charges under Rule 9. However, for Petitioners engaged in compounding and blending of potable foreign liquor, the demand for establishment charges under Rule 36A was deemed valid. The judgment cited precedents where the demand for establishment charges was considered as a price or consideration for granting privileges to licensees.
  
  The Court upheld the validity of Rule 36A and clarified that establishment charges could only be demanded for employees solely engaged in compounding and blending activities. The demand notices in some cases were quashed due to lack of clarity on the excise staff exclusively engaged in these activities. The authorities were directed to determine the number of staff engaged for this purpose and issue fresh demands accordingly. The judgment concluded by allowing all the writ applications with the specified directions for further action.

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• 2004 (3) TMI 811
  
  Issues Involved:
  
  1. Alleged willful disobedience of the Division Bench Judgment dated 17.1.1995.
  2. Appeal before the Hon'ble Supreme Court and its implications.
  3. Interpretation and application of the Delhi Land Revenue Act and the Delhi Land Revenue Rules.
  4. Maintainability of the contempt petition under Section 20 of the Contempt of Courts Act, 1971.
  5. Compliance with the Judgment of the Division Bench and the recording of cultivatory possession.
  6. Legal principles governing contempt proceedings.
  
  Detailed Analysis:
  
  1. Alleged Willful Disobedience of the Division Bench Judgment Dated 17.1.1995:
  The petition alleged that the Respondents willfully disobeyed the Division Bench Judgment dated 17.1.1995, which directed the maintenance of the record of rights in accordance with the Delhi Land Revenue Act and the Delhi Land Revenue Rules, without considering the amendments to Rules 49, 63, and Form P.5 by the Delhi Land Revenue (Sixth Amendment) Rules, 1989. The Division Bench had held these amendments to be bad in law and beyond the authority of the rule-making power.
  
  2. Appeal Before the Hon'ble Supreme Court and Its Implications:
  The Respondents filed an appeal before the Hon'ble Supreme Court, which was disposed of by Judgment dated May 5, 2000. The Supreme Court upheld the Division Bench Judgment, reiterating that the amendments made in Rule 49 and Rule 63 adversely affected the rights of tenure holders or sub-tenure holders and were contrary to the provisions of both the Land Reforms Act and the Land Revenue Act. The Supreme Court confirmed that the rule-making authority had exceeded its power, and the appeals had no merit.
  
  3. Interpretation and Application of the Delhi Land Revenue Act and the Delhi Land Revenue Rules:
  The case involved the interpretation of Sections 4, 5, 65A, and 81 of the Land Reforms Act, and Sections 41 and 63 of the Land Revenue Act. The amendments to Rule 63 and Form P.5 were found to be inconsistent with these Acts. The Court emphasized that the rule-making power does not allow the creation of rules that travel beyond the scope of the enabling Act or are inconsistent with it.
  
  4. Maintainability of the Contempt Petition Under Section 20 of the Contempt of Courts Act, 1971:
  The Respondents contended that the contempt petition was barred by limitation under Section 20 of the Contempt of Courts Act, 1971. However, the Court found no merit in this contention, noting that the Petitioner had shown responsibility by not filing the contempt petition during the pendency of the Special Leave Petition (SLP) before the Supreme Court. The Court held that the petition was within the prescribed period of limitation, as non-compliance with the Judgment was ongoing.
  
  5. Compliance with the Judgment of the Division Bench and the Recording of Cultivatory Possession:
  The Court found that the Respondents had failed to comply with the Division Bench Judgment by not recording the cultivatory possession of the Petitioner. The Khasra Girdawaris for 1977-1982 recorded the Petitioner's possession, but this was not continued in subsequent years. The Respondents' argument that the land was 'banjar' or barren was not supported by evidence. The Court concluded that the Respondents had deliberately not recorded the Petitioner's possession, thereby violating the Judgment.
  
  6. Legal Principles Governing Contempt Proceedings:
  The Court reiterated that for a person to be held punishable under the Contempt of Courts Act, the Order must be explicit and unambiguous. The Court should avoid exercising contempt powers if two opinions are possible and the one adhered to by the Respondents is plausible. The power to commit for contempt should not be used as a substitute for execution proceedings. The Court emphasized that contempt jurisdiction should be exercised with care and caution, focusing on deliberate disobedience of court orders.
  
  Conclusion:
  The Court found the Respondents guilty of willful disobedience of the Division Bench Judgment dated 17.1.1995. The Respondents' failure to record the Petitioner's cultivatory possession was deliberate and contumacious. The Court rejected the preliminary objection regarding limitation and emphasized the ongoing nature of non-compliance. The Respondents were directed to be present for sentencing on 12th March, 2004.

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• 2004 (3) TMI 810
  
  Issues Involved:
  1. Jurisdiction of City Civil Court, Ahmedabad.
  2. Applicability of Section 34 of the Arbitration and Conciliation Act, 1996 to foreign awards.
  3. Maintainability of the execution petition for the foreign award.
  4. Clubbing of proceedings.
  5. Transfer of execution proceedings to Gandhidham Court.
  
  Detailed Analysis:
  
  1. Jurisdiction of City Civil Court, Ahmedabad:
  The petitioner challenged the jurisdiction of the City Civil Court, Ahmedabad, to enforce the foreign award. The court held that since the petitioner has a branch office and bank account in Ahmedabad, the City Civil Court has jurisdiction. The court referred to the Bombay High Court's interpretation that a foreign award for money can be enforced where the debtor has assets, thus confirming the jurisdiction of the City Civil Court, Ahmedabad.
  
  2. Applicability of Section 34 of the Arbitration and Conciliation Act, 1996 to Foreign Awards:
  The petitioner argued that the enforcement of the foreign award should be stayed until the civil suit challenging the award is decided, equating the suit to an application under Section 34 of the Act. The court rejected this argument, clarifying that Section 34 pertains to domestic awards and does not apply to foreign awards. The enforcement of foreign awards is governed by Part II of the Act, specifically Sections 47 to 49, which provide a separate mechanism for such enforcement.
  
  3. Maintainability of the Execution Petition for the Foreign Award:
  The petitioner contended that the execution petition was not maintainable without first converting the award into a decree. The court cited the Supreme Court's decision in Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., which established that a foreign award is deemed a decree once its enforceability is confirmed by the court. Thus, the execution petition is maintainable without separate proceedings to convert the award into a decree.
  
  4. Clubbing of Proceedings:
  The trial court had suggested that the civil suit and the enforcement application be clubbed together to avoid conflicting decisions. The High Court found this observation unnecessary and ordered it to be deleted. The court emphasized that the enforcement application and the civil suit are distinct proceedings and should be decided independently.
  
  5. Transfer of Execution Proceedings to Gandhidham Court:
  The petitioner sought to transfer the execution proceedings to the Gandhidham Court, where the civil suit was pending. The High Court found no justification for the transfer, as the City Civil Court, Ahmedabad, had proper jurisdiction. The Miscellaneous Civil Application for transfer was dismissed.
  
  Conclusion:
  The High Court dismissed the revision application, upholding the trial court's decision to overrule the preliminary objections raised by the petitioner. The court confirmed the jurisdiction of the City Civil Court, Ahmedabad, and clarified that the enforcement of the foreign award should proceed independently of the civil suit. The observations regarding the clubbing of proceedings were deleted, and the application for transferring the execution proceedings was dismissed.

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• 2004 (3) TMI 809
  
  Issues:
  1. Whether a review application and an appeal can be pursued simultaneously out of the same judgment.
  2. The effect of allowing a review application on subsequent appeal proceedings.
  3. The interaction between Order 47 of the Code of Civil Procedure (CPC) and the right to appeal.
  
  Analysis:
  1. The judgment addresses the issue of pursuing a review application and an appeal simultaneously from the same judgment. The court highlights the potential conflict and confusion that may arise if parallel proceedings of review and appeal are pursued. It refers to Section 114 and Order 47, Rule 1 of the CPC, emphasizing that a review application can be made if no appeal has been preferred. The court deliberates on the sequence of events concerning the review application and the appeal, emphasizing the importance of maintaining clarity and avoiding overlapping proceedings.
  
  2. The judgment delves into the consequences of allowing a review application on subsequent appeal proceedings. It distinguishes between the stages of review process, particularly focusing on the third stage where the case is re-heard on merit. The court emphasizes that upon allowing a review application, the original decree stands recalled, and the suit or appeal is revived for re-hearing. This distinction between the second and third stages of the review process is deemed crucial to prevent confusion and ensure the parties' rights are upheld.
  
  3. The court clarifies the interaction between Order 47 of the CPC and the right to appeal. It asserts that once a review is allowed, part of the decree becomes open for re-hearing. The judgment emphasizes that pursuing both review and appeal simultaneously is not permissible, and the party must choose one remedy over the other. The court highlights the provisions of Order 47, stressing that even if an appeal is filed during the pendency of a review, the party must elect to pursue either the review or the appeal. In the case at hand, the party opts to proceed with the appeal, leading to the dismissal of the review application.
  
  In conclusion, the judgment provides a detailed analysis of the interplay between review applications and appeals, emphasizing the procedural requirements and the need to avoid conflicting proceedings to ensure the proper administration of justice.

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• 2004 (3) TMI 808
  
  Issues:
  1. Interpretation of rules regarding scales of pay for different categories of teachers.
  2. Application of equal pay for equal work principle.
  3. Consideration of statutory rules and notifications in determining pay scales.
  4. Discretionary nature of relief under Article 136 of the Constitution of India.
  
  Interpretation of Rules Regarding Scales of Pay:
  The case involved a dispute over the pay scale of a Sewing Teacher compared to Classical and Vernacular Teachers. The appellants argued that the Sewing Teacher fell under a different category with distinct educational qualifications and recruitment methods. They highlighted the existence of specific rules governing different categories of teachers and the revision of pay scales in 1989. The Supreme Court noted that the High Court had not properly considered these rules and notifications. The Court emphasized that different educational qualifications justified different pay scales, and the High Court's judgment was based on a wrong premise.
  
  Application of Equal Pay for Equal Work Principle:
  The Court discussed the principle of equal pay for equal work, stating that it did not apply when the duties and functions of two categories of employees were not equivalent. The Court emphasized that a classification based on different educational qualifications was permissible. It noted that the previous decisions by the High Court did not consider the effect of statutory rules or notifications regarding pay scales for different categories of teachers.
  
  Consideration of Statutory Rules and Notifications:
  The Court examined a notification from 1989 that outlined different pay scales for various categories of teachers. The notification placed Classical and Vernacular Teachers on a higher pay scale compared to Tailoring Mistresses and Sewing Teachers. The Court highlighted that the validity of this notification was not questioned, leading to the conclusion that the High Court's judgment could not be sustained. Despite this, the Court decided not to intervene under Article 136 due to the respondents being granted the same pay scale and considering the respondent's status as a handicapped teacher.
  
  Discretionary Nature of Relief under Article 136:
  In the final analysis, the Court cited previous judgments to emphasize the discretionary nature of relief under Article 136 of the Constitution of India. It highlighted that relief could be denied even if an impugned judgment was found to be erroneous if substantial justice was being done. The Court dismissed the appeals with observations on the discretionary nature of relief and the absence of an order as to costs, considering the overall circumstances of the case.

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• 2004 (3) TMI 807
  

  Seeking to quash a FIR alleging offences u/s 420/120B of the IPC - discrepancies related to a truck purchase financed - Appellant allegedly failed to pay the Respondent his entitled share from an insurance claim, leading to the filing of the complaint - HELD THAT:- It is well settled that every breach of contract would not give rise to an offence of cheating and only in those cases breach of contract would amount to cheating where there was any deception played at the very inception. If the intention to cheat has developed later on, the same cannot amount to cheating. In the present case it has nowhere been stated that at the very inception there was any intention on behalf of the accused persons to cheat which is condition precedent for an offence Under Section 420 of the Indian Penal Code.

  In our view petition of complaint does not disclose any criminal offence at all much less any offence either Under Section 420 or Section 120B of the Indian Penal Code and the present case is a case of purely civil dispute between the parties for which remedy lies before a Civil Court by filing a properly constituted suit. In our opinion, in view of these facts allowing the police investigation to continue would amount to an abuse of the process of Court and to prevent the same it was just and expedient for the High Court to quash the same by exercising the powers Under Section 482 of the Code of Criminal Procedure which it has erroneously refused.

  Based on the findings, the Supreme Court allowed the appeal, set aside the High Court's order, and quashed the police investigation and prosecution against the Appellant and M/s. Gopalika Finance Corporation Ltd. The Court deemed the continuation of the investigation as an abuse of the court process and directed the parties to seek civil remedies for the dispute.

  No separate judgment was delivered by the judges in this case.

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• 2004 (3) TMI 806
  
  Issues Involved:
  1. Allegations of oppression and mismanagement in the affairs of the Company.
  2. Application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer parties to arbitration.
  3. Jurisdiction of Company Law Board (CLB) vs. Arbitral Tribunal.
  4. Validity of actions taken by the Company without proper notice to the petitioner.
  5. Statutory violations by the Company.
  
  Issue-wise Detailed Analysis:
  
  1. Allegations of Oppression and Mismanagement:
  The petitioner alleged acts of oppression and mismanagement by the Company and its respondents, including the dilution of the petitioner's majority shareholding from 69.30% to 26.14% without proper notice, the issuance of additional shares, non-issuance of notices for Board and general meetings, reduction of share capital, and removal of directors nominated by the petitioner. These grievances were claimed to be in violation of the Companies Act, 1956 and the Articles of Association of the Company.
  
  2. Application under Section 8 of the Arbitration and Conciliation Act, 1996:
  The respondents filed an application under Section 8 of the Arbitration and Conciliation Act, 1996, arguing that the disputes raised in the Company Petition arose out of or in connection with the Joint Venture Agreement (JVA) dated 02.11.1995, which contained an arbitration clause (Clause 33) mandating arbitration under the Indo-German Chamber of Commerce rules. They contended that all issues in the Company Petition should be referred to arbitration as per the JVA.
  
  3. Jurisdiction of Company Law Board (CLB) vs. Arbitral Tribunal:
  The petitioner argued that the grievances were based on statutory violations and sought to enforce statutory remedies under the Companies Act, 1956, which could not be referred to arbitration. They cited several cases to support that the CLB had exclusive jurisdiction to remedy such grievances. The respondents, however, argued that the arbitration clause in the JVA mandated that disputes be resolved by arbitration, including those involving allegations of oppression and mismanagement.
  
  4. Validity of Actions Taken by the Company Without Proper Notice:
  The petitioner highlighted several instances where the Company took significant actions without proper notice, including the issuance of 18,50,000 equity shares to the fourth respondent, the reduction and subsequent increase of share capital, removal of nominee directors, and conducting meetings without proper notice. These actions were claimed to be in violation of statutory provisions and the Articles of Association.
  
  5. Statutory Violations by the Company:
  The petitioner alleged multiple statutory violations by the Company, including improper holding of Annual General Meetings (AGMs), non-issuance of notices, defective notices, non-maintenance of proper minutes, falsification of financial statements, and improper conduct of Board meetings. These violations were claimed to directly affect the rights and benefits of shareholders under the Companies Act, 1956.
  
  Judgment Summary:
  
  The CLB considered the arguments from both sides. It was noted that the grievances of the petitioner were directly related to the rights of shareholders under the Companies Act and the Articles of Association, and could be adjudicated without reference to the JVA. The CLB referenced its own decision in Limrose Engineering, which stated that matters under Sections 397/398 of the Act could be arbitrable depending on the facts of each case. However, it emphasized that if the allegations of oppression and mismanagement could be examined without reference to the arbitration agreement, the matter should not be referred to arbitration.
  
  The CLB concluded that the petitioner was enforcing statutory rights under the Companies Act, which could not be ousted by an arbitration agreement. The reliefs sought by the petitioner were available only under Sections 397 and 398 read with Sections 402 and 403 of the Companies Act and could not be granted by an arbitrator. The statutory jurisdiction of the CLB could not be ousted even by the consent of the parties.
  
  Therefore, the application to refer the parties to arbitration was rejected. The respondents were directed to file a counter by 30.04.2004, and the rejoinder was to be filed by 15.05.2004. The Company Petition was scheduled for hearing on 21.05.2004.

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• 2004 (3) TMI 805
  
  Issues:
  Duty demand based on inclusion of freight and insurance charges in assessable value of goods. Applicability of place of removal in determining assessable value. Penalty under Section 11AC of the Central Excise Act, 1944.
  
  The judgment addressed the duty demand of &8377; 36,16,318/-, which was confirmed by the adjudicating authority by including freight and insurance charges in the assessable value of RCC and PSC pipes manufactured and cleared by the appellants. The authority argued that since the place of removal of finished goods was the buyer's premises and not the factory gate, the amounts needed to be included in the assessable value. Additionally, a penalty equal to the duty amount was imposed on the appellant under Section 11AC of the Central Excise Act, 1944.
  
  Upon considering both sides, the Tribunal found that the issue in dispute had already been settled in favor of the assessee by a Supreme Court decision in the case of Escorts JCB Ltd. v. CCE, Delhi. The Supreme Court held that the factory premises of the manufacturer should be considered the place of removal, as the transaction of sale, payment of price, and delivery of goods to the carrier all took place at the factory premises. Even though the transportation of goods and transit insurance was arranged by the seller, the Supreme Court emphasized that the factory premises should be deemed the place of removal. This decision overturned the Tribunal's order relied upon by the Commissioner, which held that insurance and freight charges should be included in the assessable value.
  
  Based on the Supreme Court decision, the Tribunal concluded that the duty demand and penalty were not sustainable. Therefore, the impugned order was set aside, and the appeal was allowed in favor of the appellants. The judgment emphasized the importance of the place of removal in determining the assessable value of goods for excise duty purposes, aligning with the Supreme Court's interpretation in the cited case.

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• 2004 (3) TMI 804
  
  Issues Involved:
  1. Nature of the relationship between the parties (tenant vs. licensee).
  2. Validity of the deed of license.
  3. Determination of possession rights.
  4. Appropriate compensation for the use of the premises.
  
  Analysis:
  
  Nature of the Relationship between the Parties:
  The primary issue was to determine whether the appellant was a tenant or a licensee. The trial court and the first appellate court concluded that the appellant was a tenant, based on the long-term possession and the nature of the business conducted. The High Court, however, reversed this finding, relying heavily on the deed of license dated April 1, 1981, which described the relationship as that of licensor and licensee. The Supreme Court reaffirmed the findings of the trial and first appellate courts, emphasizing that the appellant had exclusive possession of the premises and had been conducting a stationery shop since 1972, indicating a landlord-tenant relationship.
  
  Validity of the Deed of License:
  The deed of license was scrutinized to determine if it genuinely represented the relationship between the parties or was a camouflage to evade Rent Control Legislation. The Supreme Court noted that the real intention of the parties, as evidenced by the long-term possession and the nature of the business, was indicative of a tenancy rather than a mere license. The Court referenced legal principles distinguishing between leases and licenses, emphasizing the importance of exclusive possession in determining the nature of the relationship.
  
  Determination of Possession Rights:
  The trial court found that the appellant had exclusive possession of the premises, a finding upheld by the first appellate court. The High Court failed to give serious thought to these concurrent findings and instead relied on the apparent terms of the deed of license. The Supreme Court corrected this oversight, affirming that the appellant's long-term and exclusive possession, coupled with the nature of the business conducted, pointed to a tenancy. The Court cited legal precedents and principles to underscore that exclusive possession is a key determinant in distinguishing a lease from a license.
  
  Appropriate Compensation for the Use of the Premises:
  While the suit for mandatory injunction was dismissed, the Supreme Court addressed the issue of compensation for the use of the premises. The Court noted that the compensation being paid by the appellant was meager considering the location and commercial value of the premises. Therefore, it directed that the appellant should pay Rs. 2000/- per month from April 1, 2004, as rent, ensuring that the compensation was fair and reflective of the premises' value.
  
  Conclusion:
  The Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the decree of the trial court as upheld by the first appellate court. The appellant was confirmed to be a tenant, and the relationship between the parties was determined to be that of landlord and tenant. The appellant was directed to pay an increased rent of Rs. 2000/- per month from April 1, 2004, while remaining in lawful possession of the premises. The suit for mandatory injunction filed by the respondent was dismissed, and costs were incurred throughout.

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• 2004 (3) TMI 803
  
  Issues Involved:
  1. Quashing of recovery certificate dated 4.10.1994.
  2. Direction for preparation and submission of a rehabilitation package for the petitioner.
  3. Alleged delay in loan disbursement by U.P. Financial Corporation.
  4. Petitioner's declaration as a sick unit and applicability of RBI guidelines for rehabilitation.
  5. Alleged malafide actions by the U.P. Financial Corporation.
  6. Dispute over the amount of interest charged.
  7. Petitioner's entitlement to one-time settlement or rehabilitation.
  
  Issue-wise Detailed Analysis:
  
  1. Quashing of Recovery Certificate:
  The petitioner sought to quash the recovery certificate dated 4.10.1994 issued by U.P. Financial Corporation. The court noted that the petitioner had defaulted on loan repayments and provided cheques that bounced. The recovery certificate was issued after multiple notices and opportunities for the petitioner to settle dues. Consequently, the court found no merit in quashing the recovery certificate.
  
  2. Direction for Preparation and Submission of Rehabilitation Package:
  The petitioner requested a mandamus directing U.P. Financial Corporation to prepare a rehabilitation package. The court observed that several meetings and communications had taken place between the petitioner and the Corporation regarding the rehabilitation package. However, due to the petitioner's failure to comply with agreed terms and provide necessary security, the rehabilitation package was not finalized. The court held that it could not direct the preparation of a rehabilitation package as it would amount to rescheduling the loan, which is within the discretion of the financial institution.
  
  3. Alleged Delay in Loan Disbursement:
  The petitioner alleged that U.P. Financial Corporation delayed the disbursement of the loan, causing financial loss. The court found that the Corporation disbursed the loan as and when the petitioner provided the required security and completed formalities. The delay was attributed to the petitioner's failure to meet the conditions for disbursement. Therefore, the court dismissed the allegation of delay by the Corporation.
  
  4. Petitioner's Declaration as a Sick Unit and Applicability of RBI Guidelines:
  The petitioner claimed to be a sick unit and sought rehabilitation under RBI guidelines. The court noted that the guidelines and government orders cited by the petitioner were administrative and not statutory, thus conferring no legal right enforceable in court. The court reiterated that purely administrative orders do not have the force of law and cannot be enforced through a writ petition.
  
  5. Alleged Malafide Actions by U.P. Financial Corporation:
  The petitioner accused the Corporation of acting malafide in not finalizing the one-time settlement or rehabilitation package. The court found no evidence of malafide actions by the Corporation. It emphasized that the decision to grant rehabilitation or one-time settlement lies within the discretion of the financial institution, and the court cannot interfere unless there is a clear violation of law or malafide intent, which was not established in this case.
  
  6. Dispute Over the Amount of Interest Charged:
  The petitioner disputed the interest charged by the Corporation. The court noted that the interest rate and terms were clearly outlined in the loan agreement executed by the petitioner. The Corporation charged interest as per the agreed terms, and there was no evidence of arbitrary or excessive interest charges. Therefore, the court dismissed the petitioner's claim regarding the interest amount.
  
  7. Petitioner's Entitlement to One-time Settlement or Rehabilitation:
  The petitioner argued for entitlement to a one-time settlement or rehabilitation. The court held that no one has a right to such settlements or rehabilitation, as these are discretionary decisions of the financial institution. The court cited previous judgments affirming that rescheduling of loans or granting rehabilitation can only be done by mutual consent of the parties involved and not by court directive. The court emphasized the importance of judicial restraint in financial matters to avoid adverse impacts on the economy and prevent misuse of financial resources.
  
  Conclusion:
  The court dismissed the petition, stating that the petitioner had not come with clean hands due to the bounced cheques and failure to meet loan repayment obligations. The court reiterated that administrative guidelines and government orders do not confer enforceable legal rights, and the discretion to grant rehabilitation or one-time settlement lies with the financial institution, not the court.

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• 2004 (3) TMI 802
  
  Issues Involved:
  1. Legality and validity of the Registrar's order assuming charge of the Chhattisgarh State Co-operative Marketing Federation.
  2. Whether the petitioner was entitled to continue as Chairman until 3-1-2003 based on the notification extending the term for non-agricultural and non-credit apex societies.
  3. Applicability of the Madhya Pradesh Sahakari Societies (Punargathan Aur Nirman) Ordinance, 2000, to the new state of Chhattisgarh.
  4. Obligations of the outgoing committee to hold elections before the expiration of its term.
  5. The petitioner's eligibility as a representative following the deregistration of the primary society.
  6. Availability and applicability of alternative remedies.
  
  Issue-wise Detailed Analysis:
  
  1. Legality and Validity of the Registrar's Order:
  The petitioner challenged the order dated 10th January 2002, by which the Registrar assumed charge of the Chhattisgarh State Co-operative Marketing Federation (Marketing Federation). The Registrar's action was based on the assumption that the society failed to hold elections as required under Sub-section (8) of Section 49 of the M.P. Co-operative Societies Act, 1960. The court upheld the Registrar's order, emphasizing that the Registrar acted within his competence and in accordance with the law.
  
  2. Entitlement to Continue as Chairman until 3-1-2003:
  The petitioner argued that the term of the Marketing Federation was extended by 12 months under the notification dated 28-10-2000, issued by the State of Madhya Pradesh. However, the court found that the Marketing Federation was an agricultural and credit society, not a non-agricultural and non-credit society. Therefore, the extension under the notification did not apply, and the petitioner was not entitled to continue beyond 3-1-2002.
  
  3. Applicability of the Madhya Pradesh Sahakari Societies (Punargathan Aur Nirman) Ordinance, 2000:
  The petitioner's counsel argued that the ordinance, which came into force before the formation of Chhattisgarh, should extend the term of the society's office bearers. The court noted that the ordinance lapsed after six months as it was not enacted into law by the Chhattisgarh Legislature. Consequently, the petitioner could not rely on the ordinance for an extension of his term.
  
  4. Obligations to Hold Elections:
  The court examined whether the outgoing committee fulfilled its obligation to hold elections before the expiration of its term. It was found that the petitioner did not request the Registrar to hold elections 90 days before the term's expiration. The petitioner's reliance on the notification extending the term until 3-1-2003 was misplaced, as it did not apply to the Marketing Federation.
  
  5. Petitioner's Eligibility as a Representative:
  The primary society from which the petitioner was a delegate was deregistered on 28-2-2002. Under Rule 45 of the Chhattisgarh Co-operative Societies Rules, 1962, the petitioner ceased to be a representative following the deregistration. Therefore, the petitioner's claim to continue as Chairman was further invalidated.
  
  6. Availability and Applicability of Alternative Remedies:
  The respondents argued that the petitioner had an alternative remedy before the State Co-operative Tribunal, where a related petition by the petitioner's wife was pending. The court acknowledged the Tribunal's abolition but cited the Supreme Court's ruling that the exclusion of writ jurisdiction by alternative remedy is discretionary. Given the legal questions involved, the court chose to entertain the writ petition.
  
  Conclusion:
  The court dismissed the writ petition, concluding that the petitioner was not entitled to continue as Chairman beyond 3-1-2002. The court found no merit in the petitioner's claims and upheld the Registrar's order assuming charge of the Marketing Federation. The petitioner's failure to request elections within the required timeframe and the deregistration of the primary society further weakened his case.

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• 2004 (3) TMI 801
  
  Issues Involved:
  1. Alleged acts of oppression and mismanagement.
  2. Validity of the transfer of shares.
  3. Conduct of the affairs of the Company.
  4. Appointment of the second respondent as Managing Director.
  5. Sale of the Company's land and building.
  6. Proportional representation of the petitioners on the Board.
  7. Appointment of an auditor to investigate the conduct of the respondents.
  
  Detailed Analysis:
  
  1. Alleged Acts of Oppression and Mismanagement:
  The petitioners, holding one-tenth of the total number of members of the Company, filed a petition under Sections 397 and 398 of the Companies Act, 1956, alleging acts of oppression and mismanagement. The allegations included the transfer of shares in violation of the Articles of Association, sale of the Company's land and building against its interest, improper conduct of affairs, default of statutory obligations, and siphoning of funds by the second respondent.
  
  2. Validity of the Transfer of Shares:
  The main dispute revolved around whether the transfer of shares from the third respondent to the second respondent complied with the Articles of Association. The Articles (8-14) laid out specific procedures for share transfers, emphasizing that the transferee must be a desirable person and willing to pay the fair value. The respondents argued that Article 8 was independent and sufficient for the transfer, while the petitioners contended that the transfer violated the Articles. The judgment concluded that the transfer did not comply with Article 8 as there was no documentary evidence of the Board's approval, making the transfer invalid.
  
  3. Conduct of the Affairs of the Company:
  The petitioners argued that the second respondent's unilateral decisions and mismanagement led to financial losses and statutory defaults. The respondents countered that the financial issues were due to lack of working capital and not mismanagement. The judgment noted the absence of statutory records and documents, indicating poor management and non-compliance with statutory requirements.
  
  4. Appointment of the Second Respondent as Managing Director:
  The petitioners sought to declare the appointment of the second respondent as Managing Director null and void. The judgment directed that the general body of members should elect the Directors and Managing Director in accordance with the Articles of Association, following the rectification of the share register.
  
  5. Sale of the Company's Land and Building:
  The petitioners alleged that the second respondent intended to sell the Company's land and building to siphon off the proceeds. The respondents justified the sale as necessary to settle bank liabilities. The judgment allowed the new Board of Directors to decide on the sale of properties, ensuring it aligns with the Company's and members' interests.
  
  6. Proportional Representation of the Petitioners on the Board:
  The petitioners sought amendments to the Articles of Association to provide proportional representation on the Board. The judgment stated that any proposal for such representation falls within the purview of the general body of members and the Board of Directors.
  
  7. Appointment of an Auditor to Investigate the Conduct of the Respondents:
  The petitioners requested the appointment of an auditor to investigate the conduct of the respondents and surcharge them for embezzlement. The judgment found that the petitioners did not substantiate this claim and thus, it was dismissed.
  
  Conclusion:
  The judgment set aside the impugned transfer of shares, directed the Company to rectify its register of members, and allowed the general body to elect new Directors and Managing Director. The new Board was tasked with managing the Company's affairs, including the sale of properties and settling liabilities. The petitioners' claims for proportional representation and an auditor's appointment were not granted. The Company Petition was disposed of without any order as to costs.

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• 2004 (3) TMI 800
  
  Issues:
  1. Illegal allotment of equity shares
  2. Appointment of additional director
  3. Removal of directors without proper procedure
  4. Compliance with Companies Act, 1956
  5. Time-barred petition
  
  Analysis:
  
  1. Illegal Allotment of Equity Shares:
  The petitioners alleged that the respondents illegally allotted 9507 equity shares without proper notice to the petitioners. The allotment significantly reduced the petitioners' shareholding from 50.9% to 13.4%, leading to oppression. The respondents increased the capital when the company was not operational, raising concerns about the utilization of funds. The petitioners also raised issues regarding shares allotted to minors and unexplained share application money.
  
  2. Appointment of Additional Director:
  The appointment of respondent No. 4 as an additional director was challenged by the petitioners, citing a lack of proper notice and delay in filing necessary documents. The respondents failed to provide evidence of compliance with the Companies Act, 1956, regarding the appointment process. The lack of documentation raised doubts about the legitimacy of the appointment.
  
  3. Removal of Directors Without Proper Procedure:
  The removal of directors, including Shri Giridhar Gopal Gupta and Shri Ram Narain Gupta, was contested by the petitioners for not following the prescribed procedure under the Companies Act, 1956. The respondents failed to produce records or evidence supporting the removal, leading to a conclusion that the removal was not in accordance with the law.
  
  4. Compliance with Companies Act, 1956:
  The petitioners argued that the respondent company did not adhere to Section 283(1)(g) of the Companies Act, 1956, regarding the timing of consecutive board meetings. The failure to maintain the required gap between meetings raised concerns about compliance with statutory provisions, further supporting the petitioners' claims of mismanagement and oppression.
  
  5. Time-Barred Petition:
  The respondents contended that the petition was time-barred under Article 137 of the Limitation Act, as it was filed more than three years after the company's closure. However, the petitioners argued that the acts of oppression and mismanagement occurred within the permissible timeframe for filing under the Companies Act, 1956. The issue of the petition's timeliness was a point of contention between the parties.
  
  In conclusion, the Company Law Board found merit in the petitioners' claims regarding the illegal allotment of shares, improper appointment of a director, and removal of directors without due process. The Board set aside the actions taken by the respondents, restoring the removed directors to their positions and declaring the allotment of certain shares as illegal. The judgment also allowed either party to buy or sell shares and directed valuation based on the company's status in 1995.

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• 2004 (3) TMI 799
  

  Maintainability of a revision against the dismissal of an application u/s 151 CPC - Challenged the termination of an agency - Suit for declaration without consequential relief - application lacks Bona fides - HELD THAT:-We have carefully examined the various provisions of the CPC which provides or contemplates filing of an appeal but we find no such provision available to the appellant to file an appeal against the order made by the trial court on an application filed under Section 151 CPC. Nor has the learned counsel appearing for the respondent been able to point out any such provision therefore, the said argument has to be rejected.

  In the instant case, the appellant contends that during the pendency of the first suit, certain subsequent events have taken place which has made the first suit infructuous and in law the said suit cannot be kept pending and continued solely for the purpose of continuing an interim order made in the said suit.

  It is clear from record that by the subsequent event if the original proceeding has become infructuous, ex debito justitiae, it will be the duty of the court to take such action as is necessary in the interest of justice which includes disposing of infructuous litigation. For the said purpose it will be open to the parties concerned to make an application u/s 151 of CPC to bring to the notice of the court the facto and circumstances which have made the pending litigation infructuous. Of course, when such an application is made, the court will enquire into the alleged facts and circumstances to find out whether the pending litigation has in fact become infructuous or not.

  While dismissing the application I.A.No. 20651/2001 the courts below proceeded not on the basis that the original notice of termination has not become infructuous, but on the basis that the said application lacks in bona fide and if the said application is allowed the interlocutory injunction hitherto enjoyed by the plaintiff will get vacated and consequently the plaintiff will be prejudiced. The question for our consideration now is whether such ground can be considered as valid and legal. While so considering the said question one basic principle that should be borne in mind is that interlocutory orders are made in aid of final orders and not vice versa. No interlocutory order will survive after the original proceeding comes to an end. This is a well established principle in law as could be seen from the judgment of this Court in Kavita Trehan (Mrs.) and Anr. v. Balsara Hygiene Products Ltd. [1994 (7) TMI 352 - SUPREME COURT].

  Therefore, in our opinion, the courts below erred in continuing an infructuous suit just to keep the interlocutory order alive which in a manner of speaking amounts to putting the cart before the dead horse.

  We have already noticed that the courts below have also held that the application of the appellant lacks in bona fide. We fail to understand how this is so. If a party has a legal right to ask for dismissal of an infructuous suit, and pursuant to the said right it makes an application for dismissal of said suit, the same cannot be termed as an act in malice.

  Conclusion: The Supreme Court allowed the appeals, holding that the continuation of a suit that has become infructuous due to the disappearance of the cause of action amounts to an abuse of the process of the court. The application u/s 151 CPC for the dismissal of the suit was deemed maintainable. Consequently, O.S.No. 4212/95 was dismissed as infructuous, and the appellant was entitled to costs throughout.

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• 2004 (3) TMI 798
  
  Issues:
  - Petition seeking investigation into the affairs of a company under Section 235 of the Companies Act, 1956.
  - Allegations of siphoning funds, disposing of assets at low prices, and inflating expenses by the respondent directors.
  - Respondents' defense against allegations, including lack of business, sale of assets, and writing off a credit balance.
  - Arguments presented by both parties during the hearing.
  - Decision on whether to order an investigation based on the evidence and arguments presented.
  
  Analysis:
  
  1. Petition for Investigation:
  The petitioners, holding 150 equity shares, sought an investigation into the affairs of the company, alleging siphoning of funds by the respondent directors. The main complaints included inflating expenses, disposing of assets at low prices, and writing off a credit balance to show higher income. The petition was filed under Section 235 of the Companies Act, 1956.
  
  2. Allegations and Defense:
  The respondents denied the allegations, stating that expenses were incurred to continue uncompleted contracts, and no funds were siphoned off. They explained the sale of assets as a normal practice through brokers and justified the writing off of the credit balance due to reconciliation issues with another company. The respondents accused the petitioners of filing the petition to pressure them into buying shares at a high price.
  
  3. Arguments and Counter-Arguments:
  During the hearing, the petitioners argued that the petition was filed in the interest of shareholders to uncover fund siphoning. They questioned the sale of assets in Bombay, suggesting underhand dealings. In response, the respondents claimed the petitioners were motivated by a desire to sell their shares at high prices and had not attended company meetings.
  
  4. Decision on Investigation:
  The Chairman dismissed the petition, stating it lacked merit and was motivated by reasons other than seeking an investigation. The petitioners failed to provide concrete evidence to support their allegations of underhand dealings or fund siphoning. The decision emphasized that an investigation cannot be ordered based on suspicions or surmises without proper material to support the need for investigation.
  
  In conclusion, the judgment highlights the importance of substantiating allegations with concrete evidence when seeking an investigation into a company's affairs. It also underscores the need for transparency and proper justification in financial dealings to avoid unwarranted legal actions.

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• 2004 (3) TMI 797
  

  Manipulation of the mark sheets - Forgery and use of forged documents - Criminal conspiracy - Knowledge and reason to believe - Sentencing and application of the Probation of Offenders Act - HELD THAT:- For an offence under Section 471, one of the necessary ingredients is fraudulent and dishonest use of the document as genuine. The act need not be both dishonest and fraudulent. The use of document as contemplated by Section 471 must be voluntary one. For sustaining conviction under Section 471 it is necessary for the prosecution to prove that accused knew or had reason to believe that the document to be a forged one. Whether the accused knew or had reason to believe the document in question to be a forged has to be adjudicated on the basis of materials and the finding recorded in that regard is essentially factual.

  Acquittal of some of the co-accused from the charge of conspiracy cannot really affect the accusations u/s 471 IPC. In Madan Lal v. The State of Punjab [1967 (4) TMI 218 - SUPREME COURT] two persons were tried for alleged commission of offences punishable under sections 409, 465, 477-A and 120B IPC. Though the accusations under Section 120B were set aside, the High Court confirmed the conviction under Section 409 simpliciter. A contention was raised before this Court that if the charge relating to criminal breach of trust was along with the charge of conspiracy, conviction simpliciter for criminal breach of trust would not be valid. This Court held that if the charge of conspiracy is followed by substantive charge of another offence there is nothing to prevent the Court convicting an accused for the substantive charge even if the prosecution had failed to establish conspiracy. Looked at from any angle the judgment of the High Court does not suffer from any infirmity to warrant interference.

  So far as the question of sentence is concerned, we find that the High Court has already taken a liberal view so far as A-2 is concerned. In a case when students use forged mark sheets to obtain admission thereby depriving eligible candidates to get seats and that too to a medical course and a doctor is involved in the whole operation, uncalled for leniency or undue sympathy will be misplaced and actually result in miscarriage of justice. Such types of crimes deserve as a matter of fact, deterrent punishment in the larger interests of society. If at all, the case calls for severe punishment. We find no substance in the plea relating to sentence or extending the benefits of the Probation Act. The appeal fails and is dismissed.

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• 2004 (3) TMI 796
  
  Issues Involved:
  1. Eligibility to file the petition under Section 399 of the Companies Act, 1956.
  2. Allegations of mismanagement and oppression.
  3. Alleged manipulation and misuse of company funds.
  4. Removal of petitioner from directorship.
  5. Validity of notices for board meetings and special notices under Section 284 of the Companies Act, 1956.
  6. Reliefs sought by the petitioner.
  
  Detailed Analysis:
  
  1. Eligibility to File Petition:
  The petitioner, holding 33.33% of the total share capital of the respondent company, is entitled under Section 399 of the Companies Act, 1956, to file the petition.
  
  2. Allegations of Mismanagement and Oppression:
  The petitioner alleged that R-3, though not a director, had substantial management powers and masterminded various irregularities and acts of oppression. These included manipulating the petitioner and other respondents to sign blank cheques, shifting company records without consent, refusing inspection of accounts, and issuing cheques to wrong persons, some of which were dishonored.
  
  3. Alleged Manipulation and Misuse of Company Funds:
  The petitioner claimed that R-3 withdrew Rs. 9.40 lakhs fraudulently, misused pre-signed blank cheques, and manipulated purchases to benefit relatives. The petitioner also alleged that R-3 caused financial losses to the company and siphoned off funds by appointing a relative as a consultant on a high salary without justification.
  
  4. Removal of Petitioner from Directorship:
  The petitioner contended that his removal and that of his son from directorship on 26.3.99 was illegal. He argued that the notice of the Extraordinary General Meeting was not received, and special notice under Section 284(2) of the Companies Act, 1956, was not given. The respondents, however, claimed that the removal was done as per the provisions of the Companies Act and was necessary due to the petitioner's obstruction in the company's functioning.
  
  5. Validity of Notices for Board Meetings and Special Notices:
  The petitioner argued that the notices for the board meeting and the Extraordinary General Meeting were not properly served, as they were sent from Shahadara Post Office, which was not near the company's registered or working office. The respondents justified this by stating it was for administrative convenience. However, the respondents failed to provide proof of special notice under Section 284(2) and (3), making the removal of the petitioner and his son from directorship invalid.
  
  6. Reliefs Sought by the Petitioner:
  The petitioner sought restoration to the board, joint operation of the bank account, investigation into the company's affairs, and winding up of the company. The primary relief sought was the restoration of the petitioner and his son to their directorship positions, which was granted as the removal was found to be illegal due to non-compliance with Section 284(2) and (3) of the Companies Act, 1956.
  
  Conclusion:
  The resolution passed in the Extraordinary General Meeting held on 27.3.1999 was set aside, and the petitioner and his son were restored to their original positions as directors. The petitioner was given an option to exit the company with a valuation of his shares based on the balance sheet as of 31.3.1999. The petition was disposed of with no orders as to costs.

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• 2004 (3) TMI 795
  
  Issues Involved:
  1. Conviction under Sections 147, 148, 302 read with Section 149, and 307 read with Section 149 of the IPC.
  2. Applicability of Section 149 IPC.
  3. Distinction of accused Raj Pal's case from other acquitted accused.
  4. Defense claims and alibis.
  5. Evaluation of eyewitness testimony and evidence.
  
  Detailed Analysis:
  
  1. Conviction under Sections 147, 148, 302 read with Section 149, and 307 read with Section 149 of the IPC:
  The six appellants faced trial along with 18 others for alleged offenses under Sections 147, 148, 302 read with Section 149, and 307 read with Section 149 of the IPC. They were convicted by the Trial Court, which awarded life imprisonment for the offense under Section 302 read with Section 149 IPC and seven years of imprisonment for the offense under Section 307 read with Section 149 IPC. The prosecution alleged that one Devi Charan (D-1) lost his life due to murderous assaults by the accused persons, and two others, Buddha (D-2) and Shanti Devi (D-3), also died in the incident.
  
  2. Applicability of Section 149 IPC:
  The High Court acquitted several accused persons, noting insufficient material to bring home the accusations against them. However, the High Court maintained the conviction of others, including Raj Pal, based on the presumption of motive due to his familial ties with the prime mover of the episode. The Supreme Court emphasized that Section 149 IPC hinges on constructive liability and common object. The common object must be shared by all members of the assembly, and mere presence in an unlawful assembly does not render a person liable unless they share the common object. The Court highlighted that the common object can evolve during the incident and does not require prior concert or a meeting of minds.
  
  3. Distinction of accused Raj Pal's case from other acquitted accused:
  The High Court distinguished Raj Pal's case from other acquitted accused persons by presuming a motive due to his relationship with Harkesh, the prime mover. The Supreme Court found no positive material to distinguish Raj Pal's case from the acquitted accused and held that his conviction could not be maintained. Consequently, Raj Pal's appeal was allowed, and he was ordered to be released from custody unless required in another case.
  
  4. Defense claims and alibis:
  The defense's primary argument was denial and alibi. Accused Harish Chandra claimed that there was no resistance to the construction of the passage, and Har Prasad alleged that the prosecution side initiated the assault, resulting in injuries to the accused. The Trial Court accepted the prosecution's version, supported by injured witnesses' testimonies, and rejected the defense's alibi claims.
  
  5. Evaluation of eyewitness testimony and evidence:
  The prosecution presented 13 witnesses, including three eyewitnesses (PW-1, PW-2, and PW-5) and formal witnesses such as doctors and the investigating officer. The Trial Court found the testimonies of the injured witnesses credible and recorded the conviction. The Supreme Court reiterated that the common object of an unlawful assembly could be inferred from the assembly's nature, the arms carried, and the members' behavior. The Court found no substance in the defense's argument that specific roles were not ascribed to the accused, noting that in cases of unlawful assembly, it is often challenging to describe each assailant's part accurately.
  
  Conclusion:
  The Supreme Court upheld the convictions of Charan Singh, Dev Dutt, Virender, Kunwar Pal, and Harkesh, dismissing their appeals. The appeal of Raj Pal was allowed, and he was ordered to be released from custody. The Court emphasized the principles of constructive liability under Section 149 IPC, the importance of common object, and the credibility of eyewitness testimony in affirming the convictions.

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