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1987 (7) TMI 595
... ... ... ... ..... it may be prima facie evidence of an intention to cheat. 5. In the present case the Respondent Chaman Lal has alleged that he had supplied goods to the Petitioner on various occasions and only thereafter the price thereof was demanded by him and to discharge this existing liability the Petitioner had issued a number of cheques in Respondent's favour which were dishonoured on presentation to the Bank. Clearly, therefore, the cheques were not issued against delivery of goods but were drawn in order to discharge a pre-exi....... + More
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1987 (7) TMI 594
... ... ... ... ..... tatutory provisions concerned and where mere failure is made punishable, it is a clear indication that mens rea is ruled out. It is significant that whenever mens rea was necessary, the legislature had incorporated the required state of mind in the provision itself. Thus we find willingly in S. 233, knowingly in Ss.59, 105, 207, 420, 538(g), fraudulently in Ss.538(e) and (k), with intent to defraud or deceive in Ss.539, 540(b) and (c) and intentionally in S.62 of the Act, and so on Ss.159 and 220 do not require any mens re....... + More
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1987 (7) TMI 593
... ... ... ... ..... ght to have realised that her finding on limitation was subject to review by a superior court and in case the decision of the superior court is in favour of the plaintiff, consideration of other issues also may become necessary for a final disposal of the case. It is always necessary and advisable to enter findings on all the issues when a suit or any other proceeding is finally disposed of on the merits. Now it has become necessary to remand the case. Remand will involve further delay and inconvenience. But that has becom....... + More
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1987 (7) TMI 592
... ... ... ... ..... ount of gratuity payable to the Judges, the learned Additional Solicitor General, on behalf of the Government, has very fairly stated that it is now agreed that the maximum limit of the amount of gratuity payable to a Judge should be rupees one lakh, with effect from 1.1.1986 and that suitable legislation will be brought forward soon. It has also been stated that necessary instructions will be forthwith issued to make payments of gratuity upto a maximum of rupees one lakh to Judges who have retired on or after 1.1.1986. In....... + More
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1987 (7) TMI 591
... ... ... ... ..... P,C. Where, however, a commissioner is appointed, the report becomes evidence and there is no scope for the appellate court to wipe out such evidence. Therefore, in deserving cases, the revisional power is to be exercised. 6. Trial Court has not applied the judicial mind while appointing the commissioner. No consideration has been made if the plaintiff is unable to ascertain the boundary by an expert engaged by him. This amounts to exercise of jurisdiction with material irregularity. Accordingly, the order is not sustainab....... + More
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1987 (7) TMI 590
... ... ... ... ..... #39;. Accordingly the exclusion clause contained in the definition of 'cotton fabrics' does not apply. The cotton sarees even if embroidered remain sarees and do not lose its identity as a woven material. The test indicated in this decision for treating embroidered cotton sarees as 'cotton fabrics' as defined in aforesaid item 19 in the first schedule to the Central Excise and Salt Act, 1944, is, therefore, fully satisfied, there being no finding of the Board of ony fact which would attract the exclusion cl....... + More
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1987 (7) TMI 589
... ... ... ... ..... ed letter was not beyond the power of the Corporation or ultra vires the powers of the Corporation of Calcutta. 31. For the reasons aforesaid, this application is allowed. The Calcutta Municipal Corporation shall proceed to accord sanction to the plan in accordance with the provisions of the Act and the Rules without requiring the petitioner to produce any 'No objection' certificate from the Competent Authority under the Urban Land (Ceiling Regulation) Act, 1976. 32. Such sanction shall be made within eight weeks f....... + More
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1987 (7) TMI 588
... ... ... ... ..... d we see no reason to interfere with that. 20. In the result, in MAC No. 41 of 1981, the compensation amount is fixed at ₹ 8,000. 40 per cent of the same should be paid by the appellant. Since 60 per cent is to be borne by the owner of the bus, the insurer of the bus viz., M/s. Oriental Fire and General Insurance Company shall pay the amount of ₹ 4,800 and the balance amount of ₹ 3,200 shall be paid by the appellant. The principal amount will carry interest at six per cent per annum from 17th September, 1....... + More
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1987 (7) TMI 587
... ... ... ... ..... serious to contest the election he could have done so and any discrepancy regarding his name in the ballot paper could not affect his chances at the election. It is a matter of common knowledge that the voters cast their vote not on the basis of name of the candidate but on the basis of symbol allotted to him. The appellant asserted that since his name was not corrected in the list of contesting candidate he did not carry on his election propaganda, and he lost interest in the election. This is quite strange logic, if the ....... + More
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1987 (7) TMI 586
... ... ... ... ..... ants of the house. Hence the respondent will be fully justified in asking for the eviction of the appellant from the hall let out to him. For all these reasons, we do not find any merit in the contentions of the appellant. As we have already stated the findings of the Rent Controller and the Appellate Authority are vitiated by the inherent defects in them and the High Court was, therefore, justified in taking the view that the findings have no binding force on the revisional court. In the result the appeal fails and will s....... + More
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1987 (7) TMI 585
... ... ... ... ..... da Rao v. Government of Andhra Pradesh, (1981) 2 AP 158 was not available. In all the circumstances of this case, we think. that this is a proper case where the writ petitioners should he allowed to file a revision before the Commissioner. Land Revenue, against the orders of the Director of Settlement. It is accordingly directed that if the writ petitioners-respondents in this appeal file a revision petition before the Commissioner of Land Revenue within two months from today, the same shall be entertained by the Commissio....... + More
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1987 (7) TMI 584
... ... ... ... ..... We are unable to accept this distinction. Basically the principle of waiver and estoppel is not only applicable where the award had been made but also where a party to the proceeding challenges the proceedings in which he participated. In the facts of this case, there was no demur but something which can be called acquiescence on the part of the respondents which precludes them from challenging the participate 11. In that view of the matter, we are of the opinion that the judgment and impugned order cannot be sustained. In....... + More
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1987 (7) TMI 583
... ... ... ... ..... the Appellate Judge and remitted the suits for fresh consideration with directions to consider the merits of the application under Order 1 Rule 10 CPC but should have itself allowed the petition and added the Registered Society represented by its Secretary Dr. Om Prakash who is already on record, also as a party and disposed of the writ petitions on their merits. We, therefore, allow the appeal and remit the matter to the High Court for disposal on merits after allowing the application filed under Order 1 Rule 10 CPC by th....... + More
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1987 (7) TMI 582
... ... ... ... ..... sed copies of all or any of the documents referred to in sub-section (5). 12. The convenience of the Investigating Officer referred to in this provision of law pertaining to the furnishing of all or any of the documents to the accused whittles down the mandatory nature of sub-section (5) of S. 173 of the Code and for that reason the contention of the learned counsel for the petitioner referred to above loses force. 13. So, for the aforesaid reasons, the challan submitted before the Magistrate by the Investigating Officer c....... + More
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1987 (7) TMI 581
... ... ... ... ..... refore, allowed. The judgment and order of the High Court and the Courts below are set aside and the claim for ejectment is dismissed. But the justice of the case demands increase of rent. The appellant has been in occupation of the premises in question since 1972 at a monthly rent of ₹ 250 per month. In the present standard this is wholly inadequate for the premises in question, we direct that the appellant shall go on paying at least ₹ 350 per month from 1.8.87. If the standard rent is more than ₹ 350 t....... + More
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1987 (7) TMI 580
... ... ... ... ..... ll the building, plant or machinery is erected or constructed is part of the actual cost of the project within the meaning of section 33 read with section 43 of the Act, for the purposes of development rebate claimed by the assessee. Again, this was a case of a new factory being set up for the first time. 11. Similar is the view taken by the Madras High Court in CIT v. L.G. Balakrishnan Bros. (P.) Ltd. 1974 95 ITR 284 holding that the interest paid on the amount borrowed for the purpose of machinery had rightly been capita....... + More
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1987 (7) TMI 579
... ... ... ... ..... n law could have come to such a finding or there is misdirection in law or view of fact has been taken in the teeth of preponderance of evidence or the finding is not based on any material evidence or it resulted in manifest injustice. Except to the limited extent indicated above, the High Court has no jurisdiction. In this instant case the tests laid down have not been transgressed by the court of Small Causes both trial court as well as the appellate bench. The view it took was a possible view. A different view might hav....... + More
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1987 (7) TMI 578
... ... ... ... ..... the view that the appeal itself can be heard and disposed of expeditiously on merits. However, for one reason or other, the appeal could not be heard expeditiously. In the meanwhile since the undertaking had been given only for a limited period i.e. 25.10.76, the respondents seem to have been under the impression that the undertaking had come to an end and hence they were entitled to recover possession. It is of relevance to note that the respondents had not taken possession immediately after 25.10.76 but only on 23.12.76,....... + More
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1987 (7) TMI 577
... ... ... ... ..... period 1.10.72 to 31.3.74 and they had also failed to surrender the Certificate of Registration and the Certificate of Fitness which was in force till 28.11.72. In such circumstances the Trial Court was in error in acquitting them and the High Court too was not justified in dismissing in limine the appeal against acquittal. Since the transfer of the vehicle had not been reported to the Authorities the first respondent was as much liable as the second respondent to pay the arrears of tax that was demanded. However, as state....... + More
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1987 (7) TMI 576
... ... ... ... ..... towards the heating fees etc., from time to time in respect of the several heatings of these arbitration proceed- ings and the amount in deposit be appropriated and has/ have accordingly been appropriated towards the remuneration of the Umpire . Therefore, in his award as a whole no reasons have been given for the purpose of making the award. In other words, it is not a speaking award at all. The Award did not speak as to why the umpire has awarded as he did. It does not speak the mind of the umpire. It mentions the events....... + More
