-
1983 (3) TMI 316
... ... ... ... ..... can only exceed by excluding the date of arrest because on that day, the day starts and it is completed after 24 hours. 6. Therefore, in the present case if the date of arrest which is 19-11-82 is excluded and since the challan was filed on 17-2-83 which was 90th day, the applicants are not entitled to be released on bail under proviso to Section 167(2). On merits, their application for bail was rejected by this Court and no ground has been made out for reconsideration. Suffice it to say that there is prima facie case to s....... + More
-
1983 (3) TMI 315
... ... ... ... ..... f the High Court is set aside insofar as it holds that the failure to supply a copy of the photograph of the fancy banner referred to in paragraph 18(b) along with a copy of the election petition to the appellant did not amount to a breach of the provisions contained in Sub-section (3) of Section 81 of the Act, and instead we hold that the failure to do so amounted to non-compliance of Sub-section (3) of Section 81 inasmuch as the photograph of the fancy banner was an integral part of the election petition and therefore th....... + More
-
1983 (3) TMI 314
... ... ... ... ..... 137 the right to apply necessarily accrues on the date of the death of the deceased, is unwarranted; (c) such an application is for the Court's permission to perform a legal duty created by a Will or for recognition as a testamentary trustee and is a continuous right which can be exercised any time after the death of the deceased, as long as the right to do so survives and the object of the trust exists or any part of the trust, if created, remains to be executed. (d) the right to apply would accrue when it becomes nec....... + More
-
1983 (3) TMI 313
... ... ... ... ..... for those, who relying upon a particular interpretation of a statute, have entered into contracts or other transactions, would find themselves frustrated if a different interpretation is put on that Statute. In the instant case, the question is about the powers of a second appellate Court and it cannot be urged that the interpretation, which we are now placing on Section 36 of the Act, would, cause serious embarrassment to those who have relied on the interpretation put upon section 36 of the Act in 1964 Rn 262 (supra). Fo....... + More
-
1983 (3) TMI 312
... ... ... ... ..... d. It is apparent that without much of effort the petitioner is in a position to market and sell their products in these two cities. The respondent, on the other hand, if injected from selling the soft drink 'Thril' under the agreement with M/s. McDowell Company, are likely to suffer irreparable loss because it has stopped production of its own product 'Nova Cola' and instead has started manufacturing and marketing the product 'Thril' of M/s. McDowell and Company. For this purpose it can be presumed....... + More
-
1983 (3) TMI 311
... ... ... ... ..... ction in the absence of any provision to remand the accused to custody till the order committing the case to Court of Sessions is made. The view with respect is wholly untenable and must be set aside. 15. Mr. Prithviraj, learned Counsel, drew our attention to the decision of this Court in Gauri Shanker Jha v. The State of Bihar and Ors. 1972CriLJ505 . This case is of no assistance because it dealt with the situation under the CrPC, 1898 which did require the Magistrate to be satisfied with prima facie case before an order ....... + More
-
1983 (3) TMI 310
... ... ... ... ..... Court for its opinion. 3. Having heard the Id. Counsel for the parties, we have come to the conclusion that the question has to be answered in the affirmative and in favour of the Department. The Tribunal has found on the basis of the material on record that the two transfers by Poonamchand and Chandanmal, the two assessees, were so interconnected as would justify the finding that they were parts of the same transaction. It is thus, clear that a circuitous method was adopted by the assessees to evade the implications of cl....... + More
-
1983 (3) TMI 309
... ... ... ... ..... the Petitioner in C.P. No. 11 of 1980. Ashok Kumar Malik, out of the said Petitioners, filed a similar suit as had been tiled by Rakesh Malik, Anil Malik and Sunil Malik who are the Petitioners in C.P. No. 12 of 1980 That suit is still pending. The objection regarding maintainability of the suit in a civil Court was given up by the Defendants in the suit. It is true that the other two Petitioners have not filed the suit Still there are various complicated questions involved in the case which require detailed investigation ....... + More
-
1983 (3) TMI 308
... ... ... ... ..... ntion of the parliament was to restrict the Limitation Act only to the Civil Courts, it would have certainly defined the 'Court' in the Limitation Act. The Parliament has brought out changes in the preamble and also to sections 5, 12, 14, 29 etc. He has also laced reliance upon the decision of the Supreme Court in (1981)ILLJ327SC Grindlays Bank Ltd. v. Central Government Industrial Tribunal and others. However in the view which we have taken it is not necessary to deal with this aspect of the matter any further. 8........ + More
-
1983 (3) TMI 307
... ... ... ... ..... mere asking. It would be granted in rare cases to prevent manifest injustice, True the court would not rewrite a contract between the parties but the court would relieve against a forfeiture Clause; And, where the contract of the parties has merged in the order of the court, the court's freedom to act to further the ends of justice would surely not stand curtailed. Nothing said in Hukamchand's case militates against this view. We are, therefore, of the view that the High Court was in error in thinking that they, ha....... + More
-
1983 (3) TMI 306
... ... ... ... ..... mounts to be recovered. 10. In the result we uphold the award of compensation for requisition of the land ₹ 10,000/- per bigha as determined by the Arbitrator. Similarly we uphold the award of annual recurring compensation for the requisitioning of the land ₹ 200/- per bigha per annum. However, we modify the award of interest and direct that if the compensation amounts have not been paid to the respondents they shall be entitled to interest 6 per annum from the date of the award made by the Arbitrator till the ....... + More
-
1983 (3) TMI 305
... ... ... ... ..... that their attention was not drawn to this aspect of the matter when the case was heard before the lower authorities and the Tribunal, the matter was remitted back to the Tribunal to take additional evidence or to direct the ITO to take additional evidence and to make a report to it. On the facts of this case, we are satisfied that it will be sufficient, in the circumstances, to adopt the ordinary course formulated by the Supreme Court in the said decision and call for a supplementary statement of the case from the Tribuna....... + More
-
1983 (3) TMI 304
... ... ... ... ..... s only a carrier of the said foreign currency and as such despite his having been found in possession thereof he has discharged the burden, which does not convert his possession into acquisition or any other mode and it remains only as the possession of a carrier, and as such it is not liable under S. 8(1) of the Act. 27. In this view of the matter, the decision of the appellate Board exonerating the respondent though being confirmed, it is entirely on different process of reasoning. Nontheless, the result is the same and ....... + More
-
1983 (3) TMI 303
... ... ... ... ..... d if it is arbitrary, it smacks of discrimination and a discriminatory treatment in the matter of public employment cannot be overlooked. Accordingly, these petitions must succeed. The order dated September 25, 1980 dispensing with the service of each of the petitioner is quashed and set aside and it is declared that all the petitioners continue to be in service and they should be forthwith reinstated. By an interim order made by this Court, respondents were directed to pay half the salary to the petitioners from the date ....... + More
-
1983 (3) TMI 302
... ... ... ... ..... n sub-sections (1) and (8) of section 7 relied upon by the Appellants, therefore, refer to a disqualification for holding or obtaining a driving licence incurred under sections 15 to 17 of the Act and not to any disqualification provided for in the rules. Had the intention of the Legislature been to provide also for a disqualification prescribed by the rules, sub- sections (1) and (8) of section 7 would have been suitably amended when clause (aa) was substituted for the old clause (aa) in section 21(2) by inserting in the ....... + More
-
1983 (3) TMI 301
... ... ... ... ..... itions who ranked higher than the respondents Nos. 3 to 15 would not have been deprived of their right of being considered for promotion. The vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules. It is admitted by counsel for both the parties that henceforth promotion to the post of Sub-Registrar Grade II will be according to the new rules on the zonal basis and not on the State-wide basis and, therefore, there was no question of challenging the new rules. But ....... + More
-
1983 (3) TMI 300
... ... ... ... ..... es his power under sub-section (4) of section 16-F of the Act. That provision merely states that in such an event, where the post to be filled up is that of a Principal or a Headmaster, the Director may appoint any qualified person from amongst the candidates who had applied for the vacancy and that such appointment shall be final. The respondent No. 2 satisfied the requirement of sub- section (4) of section 16-F of the Act. The fact that the Deputy Director had disapproved the recommendation of the Selection Committee rec....... + More
-
1983 (3) TMI 299
... ... ... ... ..... se of individual claim or claim of seniority by one person against specified others, but a question of interpretation of a provision and which interpretation could be given because it would be binding on the Union of India, the presence of others is unnecessary. Union of India would have merely to give effect to the decision of this Court. Therefore, the absence of those who may by our interpretation be adversely affected in the facts and circumstances of the case need not be necessarily here and if the relief could have b....... + More
-
1983 (3) TMI 298
... ... ... ... ..... ding before the State Governments and the Government of India for an inexplicably long period. The latest instance is to be found in Cri. Writ Petition Nos.345-348 of 1983, from which it would appear that petitions filed under Art. 161 of the Constitution are pending before the Governor of Jammu and Kashmir for anything between 5 to 8 years. A pernicious impression seems to be growing that whatever the courts may decide, one can always turn to the executive for defeating the verdict of the Court by resorting to delaying ta....... + More
-
1983 (3) TMI 297
... ... ... ... ..... e definition is with a view to bringing within its fold all types of fact-situations we may here refer to what O. Connor, J. said in Baxter v. An. Way (1909) 8 CLR 626 -- The claim of all legislatures is to project their minds as far as possible into the future and to provide in terms as general as possible for all contingencies likely to arise in the application of the law.......... 22, This Full Bench was constituted, to consider the correctness of the decision rendered by a Division Bench of this Court (the leading judg....... + More
