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1985 (4) TMI 347
... ... ... ... ..... ysis of the material which was placed before him, has determined the quantity of stock removed from the three godowns at 235 metric tonnes and the value thereof at Rs. 14 lakhs. We would, therefore, direct the first respondent to pay to the petitioner a sum of Rs. 14 lakhs within six weeks from today by way of restitution for the quantity of the goods removed from the three godowns so that the position as it obtained prior to the removal of the goods from the three godowns is restored as far as practicable. We may, however....... + More
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1985 (4) TMI 346
... ... ... ... ..... on 313 of the Code. What the prosecution now wants and what the Court has allowed is recalling the investigating officer to be examined again for production and proof of the disclosure statements. The fact that it was not available for being put to the investigating officer when he was examined indicates that its late production and proof will prejudice the accused in his defence, 5. Under Section 311 of the Code the Court is, having the power to recall and re-examine any witness. But that could be only when the Court is s....... + More
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1985 (4) TMI 345
... ... ... ... ..... (page 1215 of the Report) is that a large number of middle-aged women who are being divorced without rhyme or reason should not be thrown on the streets without a roof over their heads and without any mean; of sustaining themselves and their children. 39. The Report concludes thus In the words of Allama Iqbal, the question which is likely to confront Muslim countries in the near future, is whether the law of Islam is capable of evolution-a question which will require great intellectual effort, and is sure to be answered in....... + More
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1985 (4) TMI 344
... ... ... ... ..... s another thing. Admittedly. Assistant Sub Inspector is an officer below the rank of a Sub Inspector. By authorisation of powers, he cannot get the rank of a Sub Inspector unless he is promoted and appointed to that post. In spite of investing of powers he continues to be an Assistant Sub Inspector of Police. Therefore, the search conducted by him is not competent under the provisions of Sec. 5. Further he did not get the requisite information and he did not make the requisite enquiries also. The presumption under Sec. 6 i....... + More
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1985 (4) TMI 343
... ... ... ... ..... ot have been regarded per se as disclosing negligence or want of bona fides on the part of the appellants. The fault or want of diligence, if any, lay elsewhere for which the appellants cannot be blamed. Besides, a considerable portion of the delay is attributable partly, if not wholly, to the confusion which arose on account of the non-preparation of the decree sheet in time by the trial court Having regard to all the circumstances of the case, in my opinion, it was impossible to reach the conclusion that sufficient cause....... + More
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1985 (4) TMI 342
... ... ... ... ..... Razia Begum v. Sahebzadi Anwar Begum and others, 1959 1SCR1111 which was a case for declaration and a third party on his application was added. The facts of that case are not applicable and do not help the plaintiff. Reference has also been made to Dattatraya Govind Shaligram v. Gopal Sakharam Pandhare Air 1931 Bom 330 Messrs. Trojan Co. v. Rm N.N. Nagappa Chettiar 1953 4SCR789 and Joseph alias Kochu v. Makkaru Pillal AIR1960Ker127 . it is not necessary to refer to these precedents as they are not relevant for the decision....... + More
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1985 (4) TMI 341
... ... ... ... ..... for anticipatory bail was made and granted. If such an order is allowed to stand, faith of public in administration of justice is likely to be considerably shaken. Therefore, we have no option but to cancel the order granting anticipatory bail. 14. By our setting aside the order granting anticipatory bail, respondent should in no way be prejudiced. If consequent upon the setting aside of the order granting anticipatory bail, the respondent is arrested which must ordinarily follow, it is open to him, if he is so advised, to....... + More
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1985 (4) TMI 340
... ... ... ... ..... t for the funds collected. It is true that in 1991, fresh elections were held pursuant to which new management came into office and its term also has expired by afflux of time. As no new elections were conducted, old one is continuing the management. In 1986 when show cause notice was issued, Onkar Singh was the Manager. After the elections, his son Munedra Pal Singh is continuing as the Manager. In other words, the family is in the management of the Committee. Under these circumstances, we are of the view that the Committ....... + More
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1985 (4) TMI 339
... ... ... ... ..... ubtedly a different product from the 'dry fish'. Fish has undergone a change, i.e., fish with or without life and after change alone whether due to exposure to the sun or any other chemical treatment becomes dry fish. In our opinion the decision of the Supreme Court far from lending any support to the learned Government Pleader fortifies our conclusion. 7. In the result the writ appeals are allowed and the impugned notification in so far as the inclusion of the 'dry fish' in Schedule II to the said notifica....... + More
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1985 (4) TMI 338
... ... ... ... ..... ptance or sight, or noted for non-acceptance, or protested for non-acceptance, or the event happens, or, where the instrument is a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with the day on which it was so accepted. If the month in which the period would terminate has no corresponding day, the period shall be held to terminate on the last day of such month. It is thus crystal clear that the period of one month next after notice or next after a particular event expi....... + More
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1985 (4) TMI 337
... ... ... ... ..... etition to the original respondents in the petition before the Bhavnagar Court. Hence I propose to direct them to pay the costs accordingly to the original respondents. 33. The Revision Petition is, therefore, allowed, the order passed by the Trial Court holding that it had jurisdiction to entertain the petition filed before it is hereby set aside and the trial Court having no jurisdiction to entertain that petition, the trial Court is directed to return the petition to the original petitioner for presentation to the prope....... + More
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1985 (4) TMI 336
... ... ... ... ..... there are certain amounts of interest shown as due to the plaintiff. We presume that these must have been calculated at the rate of 17 . However, as far as those items are concerned, we do not propose to disturb the same because defendant 3 has not chosen to dispute the correctness of these accounts. As per the said account, the debit balance, as it stood on 31st Mar.1976, in the said account was ₹ 69,149.26, and in our view, the plaintiff would be entitled to interest on that amount at the rate of only 12 per annum ....... + More
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1985 (4) TMI 335
... ... ... ... ..... e. 19. The other questions involved in the case, however, have not been dealt with by the High Court and it rest content by making a bald observation that there is no other point to be decided in this appeal. The objector-respondent had raised a number of pleas to challenge the award giving rise to four issues. It was, therefore, obligatory for the High Court to consider those points unless they had been given up by the objector-respondent. There is nothing on the record to suggest that the respondent had given up those gr....... + More
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1985 (4) TMI 334
... ... ... ... ..... undertrial prisoners should not be taken into account. The Court directed that the cases of the prisoners should be considered by the State Government, both for the purpose of setting off the period of detention undergone by them as undertrial prisoners and for taking into account the remissions earned by them. The order passed by the Court does not discuss the point which arises before us though, the observations made therein are consistent more with the view which we have taken than with the view taken in Kartar Singh. F....... + More
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1985 (4) TMI 333
... ... ... ... ..... respondent, which is only one amongst many nationalised bank, would enjoy an undeserved advantage compared to their counterparts in other nationalised banks and even in the Other branches of the respondent bank and may become a cause of disharmony and inequality. Therefore in larger public interest also, the demand for customary bonus otherwise found to be untenable, must be negatived. 10. On a careful consideration of the facts and circumstances of the case disclosed, we find that the appellants have not succeeded in pers....... + More
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1985 (4) TMI 332
... ... ... ... ..... erting that the respondents do not admit the receipt of any consideration except discharge of duty to the extent of seventeen lakhs and odd. 25. Thus I find that the present application, is wholly not maintainable; and on that score, it deserves to be dismissed; and is accordingly, dismissed with costs. Speaking in quite general terms for the moment, of contracts to sell land or grant a lease of land at a premium, without reference to the particular language of this document, it is well established that a deposit is demand....... + More
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1985 (4) TMI 331
... ... ... ... ..... v. CIT 1976 104 ITR 541 (All.). 3. In Devichand Bastimal v. CIT DB IT Reference No. 9 of 1977 and Bhanwar Lal v. CIT DB IT Reference No. 42 of 1977, dated 24-4-1985 we have held that the expenses incurred on food, tea, etc., to the outside constituent customers viz., messing expenses, are not entertainment expenses and are thus not hit by section 37(2B) of the Act. In coming to this conclusion. Patel Bros. Co. Ltd.'s case (supra) and CIT v. Shah Nanji Nagsi 1979 116 ITR 292 (Bom.) and the other High Courts taking the s....... + More
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1985 (4) TMI 330
... ... ... ... ..... e and the order of the learned trial Judge is restored for the reasons herein stated. This appeal is allowed accordingly and the matter is remitted to the trial court to proceed further with the suit from the stage where the defence of the present appellant was struck off. The defence will be treated as part of the proceedings and suit shall be proceeded with accordingly. As the matter is delayed for long, we direct that the suit shall be accorded priority by the trial court and shall be disposed of within a period of six ....... + More
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1985 (4) TMI 329
... ... ... ... ..... ake this confession is not available on record. Perhaps, he might have made this statement due to nervousness and old age. I entirely agree with the submission of the learned counsel for the assessee that if the ITO had accepted the book results as per the seized books then, perhaps the assessee would not be in a position to resist the penalty. However, as mentioned above, this is not a case as the ITO has estimated the income of the assessee by adopting higher rate of gross profit disregarding the book results as per the ....... + More
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1985 (4) TMI 328
... ... ... ... ..... sions of rule 4 of the Land Acquisition (Companies) Rules, 1963. The High Court has negatived this challenge. We must frankly confess that the contention canvassed by Mr. Nariman in this behalf would necessitate an in depth examination of the contention. However, we consider it unnecessary in this case to undertake this exercise because the judgment of the High Court is being upheld for the additional reason that the acquisition in this case was mala fide. Therefore, we do not propose to examine the contention under this h....... + More
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