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1979 (11) TMI 275
... ... ... ... ..... tal recorded in the earlier case, nor, am I called upon to express any opinion about the property and maintainability of the remarks passed in the said judgment, more so, when it is stated at the Bar that the State has preferred an appeal against the order of acquittal and has applied for expunging of the said remarks. As regards the second case which is at the trial stage, I am not expressing any opinion, inasmuch as, the discretion of the learned trial Magistrate should remain intact. 37. In the result, the Rule is disch....... + More
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1979 (11) TMI 274
... ... ... ... ..... but made an independent study of informing himself of the materials placed before the court and then sought permission to withdraw from the prosecution, we decline to reverse the order passed by the courts below. 14. The trial court was satisfied that the Assistant Public Prosecutor had not exercised the power of withdrawal for any illegitimate purpose and the High Court endorsed that conclusion. We are not disposed to interfere with the order of the High Court. 15. One obvious grievance of the petitioner deserves to be re....... + More
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1979 (11) TMI 273
... ... ... ... ..... between the terms immediately (s) and forthwith (t). A provision to the effect that a thing must be done forthwith or immediately (a) means that it must be done as soon as possible (b) in the circumstances, the nature of the act to be done being taken into account (c). Within a reasonable time would thus appear to be a better substitute for without delay while construing the term immediately for the purpose at hand. So understood, I have not the slightest hesitation in holding that the deposit of the one-fourth of the amou....... + More
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1979 (11) TMI 272
... ... ... ... ..... length and has the advantage of a complete statement of facts and discussion of law in the judgment under appeal, limits itself to a severe economy of words in the statement of its reasoning. We regard this as a wholesome step. Natural justice necessitates full hearing, not a flood of words of forbidding length. 7. We direct that a decree be passed that the plaintiff-appellant do deposit within six months from to-day the entire sum of ₹ 3,45,000 together with interest due upto date at the rate of 11 per cent, togethe....... + More
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1979 (11) TMI 271
... ... ... ... ..... e said to be keeping' the same within the meaning of Section 11. Crompton, J. answered this question thus It seems to me that it is not made out that the mere halting in London, for the purpose of sending from one railway to another, when it is necessary that there should be halting in some place or other, is a 'keeping'.....I think there can be no keeping within s. 11, when it is in course of transit. On parity of reasoning, a vehicle in transit through the State of Mysore or even making a necessary halt for a....... + More
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1979 (11) TMI 270
... ... ... ... ..... s no evidence of actual deception. But that is not necessary. Kerly in 'Trade Marks and Trade Names', 10th Edn. CIL 17, paragraph 38, page 478 says Proof of actual deception, if the mark is in the opinion of the Tribunal likely to deceive or if it has been substantially copied from another, is unnecessary. Nevertheless, if one or more cases of actual deception are made out to the satisfaction- of the court, this will, of course, afford very strong evidence that the resemblance of the marks in question is so close a....... + More
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1979 (11) TMI 269
... ... ... ... ..... or the purposes of the assessee's business and the running expenses were also being incurred and claimed as deduction by the assessee. We are, therefore, of the opinion that the AAC was quite justified in taking the view that the assessee is entitled to the claim of depreciation in respect of these vehicles. 15. As regards the disallowance of interest on the amount of advances made to the assessee Directors for the purchase of the vehicles, we accept the finding of the AAC that the said advances were made by the assess....... + More
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1979 (11) TMI 268
... ... ... ... ..... gency and, therefore, the so called bias of respondent 6 becomes wholly irrelevant. It must, however, be pointed out that if an information is lodged at the police station and an offence is registered, the mala fide of the informant would be of secondary importance if the investigation produces unimpeachable evidence disclosing the offence. We, therefore, consider the aspersions cast on the character of respondent 6 and the allegations of mala fides made against him virtually accepted by the High Court in entirety as utter....... + More
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1979 (11) TMI 267
... ... ... ... ..... workmen could not be regarded as orders of their dismissal and were, on the other hand, orders of discharge simpliciter properly passed under. M.S.O. 23; (b) that the arbitrator could not exercise the powers conferred on a Tribunal under Section 11-A of the 1947 Act and could not, therefore, interfere with the punishment awarded by the Management to the workmen (even if the discharge could be regarded as punishment), and (c) that in any case the High Court exceeded the limits of its jurisdiction in interfering with the sai....... + More
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1979 (11) TMI 266
... ... ... ... ..... argument has no substance as the error has crept in the order not because the assessee did not argue the point but because of amendment in law and order passed by this Court. The jurisdiction to rectify is conferred if there is an error apparent on the record. If after substitution of an Explanation II whole dal and split dal became one and the same commodity, it is obvious that purchase tax was leviable only when Mills purchased the whole grain. As no tax was leviable the orders were erroneous. The leviability did not dep....... + More
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1979 (11) TMI 265
... ... ... ... ..... or analysis should be specially mentioned if all manner of sales are included in the definition. It is only to prevent the argument that sale for analysis is not a consensual sale and hence no sale, an argument which was advanced and rejected in Mangaldas vs. State of Maharashtra(1). We are therefore of the opinion that the sale of gingelly oil mixed with groundnut oil is punishable under s. 16(1)(a)(i) read with s.2(1)(a) notwithstanding the fact that the seller had expressly stated at the time of sale that it was intende....... + More
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1979 (11) TMI 264
... ... ... ... ..... ds and a Mana who was a member of the sub-tribe of Gonds alone was entitled to the privileges conferred by the Schedule to the Scheduled Tribes Order. We therefore agree with the High Court that the appellant, merely because he belonged to the Mana community amongst the Marathas, is not eligible to stand as a candidate for election to the Maharashtra Legislative Assembly from the reserved seat of the Armori constituency in Gadchiroli tahsil of Chanda District. The position has not since changed even though the Schedule to ....... + More
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1979 (11) TMI 263
... ... ... ... ..... oo rigorous application of some of the provisions of the Act may itself occasionally result in frustrating the very objects of the Act instead of advancing them. It is to provide for such situations that the Government is invested by s. 60 with a power to relax the occasional rigour of the provisions of the Act and to advance the objects of the Act. Section 60 empowers the State Government to exempt a registered society from any of the provisions of the Act or to direct that such provision shall apply to such society with ....... + More
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1979 (11) TMI 262
... ... ... ... ..... n connection with the investigation into another theft case had led the police to interrogate Patrick, the appellant very cleverly tried to foist previous possessions of the watch on Roop Chand. We are not prepared to accept the appellant's explanation. Even so, it was urged, the recovery was too remote in point of time to be linked with the robbery and the murder. It is true that there was a considerable time-lag. We might have found it difficult to link the recovery of the watch with the robbery and the murder had th....... + More
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1979 (11) TMI 261
... ... ... ... ..... ard will deposit within 10 days from today a sum of ₹ 5,000/- before the Registrar for the preliminary expenses of publicity and other incidentals for the implementation of the directions given above. Any unexpended amount, at the end of one year, will be repaid to the respective State Marketing Board. IX. We further direct that the unclaimed amounts, if any, shall be permitted to be used by the respective Marketing Committees for the purposes falling within the statute as interpreted by this Court in the CA No. 1083....... + More
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1979 (11) TMI 260
... ... ... ... ..... awn-broker to give the number of Pawnees whose unreturned and articles remain unreasoned and the number and weight of such ornaments and articles. That form did not require the pawn broker to give the fineness of the gold or the actual quantity of the gold but it required, in my opinion, only the gross weight of the ornaments or articles, as it is, but it mixed with any other metal or whether it contained lac or any other substance. In view of the decision of the Supreme Court in the Badri Prasad s case (supra) the argumen....... + More
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1979 (11) TMI 259
... ... ... ... ..... o in para 2 above to the effect that the demand for duty had not actually yet been quantified and hence the time for preferring the appeal could not be deemed to have expired till they got an intimation regarding the exact amount due from them in terms of the Assistant Collector s order. The limitation period for preferring an appeal in a case of this type should count from the date of order or the date of D.D. 2 whichever is later. 4. Accordingly, Government set aside the Appellate Collector s order with directions for de....... + More
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1979 (11) TMI 258
... ... ... ... ..... as such in view of the provisions of rule 10 of the said Rules, the demands are time barred. 3. I have gone through the records of the case. Keeping in view that the emulsified R.D.O. as well as sizing paste have no shelf value, I hold that the same cannot be treated as goods within the meaning of Section 3 of the Central Excises and Salt Act, 1944 and hence the same cannot be charged to duty. These material can at best be described as in-process materials. This is, however not applicable in the case of steam which is comm....... + More
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1979 (11) TMI 257
... ... ... ... ..... t or furnish the best possible evidence. He cannot ensure that the best possible decisions or even straight forward decisions would be given by the statutory authorities whom he cannot avoid or that they would come and give their decisions promptly enough. If any benefit to which he is eligible depends on the clearance of (a) with the No objection of (b) at all then certainly the benefit should not be denied if breach of merely technical requirements is attributable to something to which the citizen did not contribute in a....... + More
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1979 (11) TMI 256
... ... ... ... ..... rticle 226 would not have been there, in a case of, present type where the petitioner has filed this writ application challenging the notification of 1975/76 after a period of bout two years, it would not be expedient in the interest of justice to stay the implementation of the Housing Board Schemes for providing home to homeless during the pendency of the writ application. Violations alleged in this case are of technical nature even if any of them succeeds on technical pleas, the respondents can still take fresh proceedin....... + More