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1987 (8) TMI 458
... ... ... ... ..... sion shop while upholding the contention of the petitioner by confining shop to a place where goods are actually stored and delivered pursuant to a sale. We agree with the decision of the High Court that while construing a welfare legislation like the Act and the notification issued thereunder a liberal construction should be placed on their provisions so that the purpose of the legislation may be allowed to be achieved rather than frustrated or stultified. There is no doubt that the establishment of the petitioner at Secu....... + More
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1987 (8) TMI 457
... ... ... ... ..... is nothing on the face of the order made by the learned District Munsif, which indicates as to on the basis of what circumstances he has determined Rs. 10,000/-, as the upset price. It is obvious that he had accepted the ipse dixit of the decree-holder. As already pointed out, the decree-holder himself had estimated the price of the property at Rs. 15,000/-. To say the least, the order made by the learned District Munsif, is wholly arbitrary in nature and deserves to be set aside. 8. The learned District Munsif is directed....... + More
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1987 (8) TMI 456
... ... ... ... ..... ngs as that of the Enquiry Officer and give the same reasons for the findings. We are unable to accept the contention made on behalf of the appellant that the impugned order of termination is vitiated as it is a non-speaking order and does not contain any reason. When by the impugned order the punishing authority has accepted the findings of the Enquiry Officer and the reason given by him, the question of non-compliance with the principles of natural justice does not arise. It is also incorrect to say that the impugned ord....... + More
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1987 (8) TMI 455
... ... ... ... ..... is clear that the question about anyone else being instrumental in getting the prosecution launched or questions which are foreign are not to be considered in a revision where the issue of process is being challenged and therefore the further question as to whether the party against whom an allegation is made is or is not a necessary party in the proceedings also is of no avail. The scope of the revisional jurisdiction of the High Court as we have discussed earlier clearly indicates that the High Court is only expected to ....... + More
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1987 (8) TMI 454
... ... ... ... ..... eement of sub-tenancy. Our attention was drawn to the decision of this Court in M/s Girdbar Lal Sons v. Balbir Nath Matbur and Others, 19681 2 SCC 237 where considering similar provision of Delhi Rent Control Act, 1958, it was held that where the landlord had in fact consented to the sub-tenancy and as such the sub-tenancy was valid and landlord was bound by it. But in the present case, there was no sub-tenancy created by the agreement mentioned herein. Hence the consent and knowl- edge of the landlord do not help. Our att....... + More
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1987 (8) TMI 453
... ... ... ... ..... on. This reasoning is quite contrary to the well-settled proposition. Absence of consideration of these material documents or brushing them aside as irrelevant, to my mind amounts to non-application of mind on the part of the detaining authority rendering the detention order invalid. (34) The sum and substance of the discussion leaves no doubt in my mind that it is a case of non-application of mind by the detaining authority to the most relevant and important documents/facts and circumstances having a direct bearing on the....... + More
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1987 (8) TMI 452
... ... ... ... ..... end and the order of restoration of the said case would not affect any alienation made before the restoration although such alienations might have been made during the subsistence of the attachment. We may mention that our attention was drawn to the amendment of Rule 57 of Order 21 made by the Calcutta High Court, but in our view that amendment merely provides that although under Rule 57 of Order 21 the attachment would cease on an order dismissing the application for execution it is open to the Court to make an order to t....... + More
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1987 (8) TMI 451
... ... ... ... ..... nd filing of the petition. To now direct the petitioner to move the more appropriate court, would mean that time spent up to now has all gone waste. The detenu is a lady and inasmuch as the Court does not totally lack inherent jurisdiction, it would be too harsh a measure to drive petitioner to the remedy of a fresh petition. To sum up, Ulhasnagar being the place where the detenu was taken into custody and where she was served with the order and grounds of detention, suffice to attract the jurisdiction of this Court. We wo....... + More
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1987 (8) TMI 450
... ... ... ... ..... dated the 11th July 1986 are set aside. The application of the appellant's for sanction under sections 391(2) and 394 of the Companies Act is allowed. There will be an order in terms of prayers (a), (b), (c), (d), (e) (f) and (g) of the petition, made before the first Court. There will be a further order in terms of prayers (h) and (i) of the said petition. The Official Liquidator is directed to file his return in terms of prayer (h) within 3 months from the date this judgment and order is effective and serve copies of....... + More
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1987 (8) TMI 449
... ... ... ... ..... of 13 to 15 times the amount of effluent discharged in order to reduce the extent of pollution. In view of the subsequent events the learned counsel submits that this was a fit case for dropping the proceedings. The averments made by the respondents in the various affidavits have been controverted by the affidavit-in-rejoinder sworn by Chandra Bhal Singh, Law Officer of the appellant-Board showing that there is little or no progress in the matter of establishment of the effluents treatment plant. We need not enter into thi....... + More
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1987 (8) TMI 448
... ... ... ... ..... ich was justiciable in the application before the court. It was an error of law and not mistake of fact committed by the arbitrator which was amenable to corrections by this Court. The grievances of Mr. Ganguly's client even if true, which as at present advised we are not inclined to accept, do not amount to error apparent on the face of the record. In the aforesaid view of the matter we are unable to sustain, the objections to the award. There will, therefore, be judgment in terms of the award, there will no interim i....... + More
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1987 (8) TMI 447
... ... ... ... ..... ndoned by the defendant. On the other hand 83-C also expressly refers to 13-C. 83-C is a reiteration and revival of 13-C with emphasis on the objection relating to s. 3 of the Foreign Awards (Recognition Enforcement) Act. Looking to the substance of the matter and ignoring technicalities, we are firmly of the view that the defendant sought a stay of the suit before filing a written statement or taking any other step in the suit and that he never abandoned his right to have the suit stayed. The appeals, therefore allowed wi....... + More
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1987 (8) TMI 446
... ... ... ... ..... under the Government order but with effect from 29.8.1984. In the result we hold that paragraph 7 of the Government order cannot be used against persons in the position of the petitioner to deny them the benefit of the past service for purposes of computing the pension. We, therefore, direct the respondents to revise the pension payable to the petitioner in accordance with the Government order by giving him the benefit of the service rendered by him in the Central Government while computing his qualifying service for pensi....... + More
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1987 (8) TMI 445
... ... ... ... ..... r it could not be disputed that the petitioner-appellant is expected to pay rent from month to month and that rent has to be paid in the succeeding month before the end of the month and in this view of the matter it is not disputed that on the day when the appellant tendered the rent in the court in addition to what he had deposited he was in arrears of rent atleast for two months which he did not tender and in this view of the matter the courts below were right in coming to the conclusion that the landlord was entitled to....... + More
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1987 (8) TMI 444
... ... ... ... ..... of the survey on 25th April, 1977. From the information of the Beldar, who was available on the aforesaid date, it is clear that no activity was going on at the kiln and, therefore, the assessee might have removed the books from the kiln to a safe place, The non-availability of the books at the time of survey is one thing and non-maintenance of the books is quite a different thing. When the books are maintained by the assessee, it was the duty of the assessing officer to investigate them at the stage of assessment and find....... + More
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1987 (8) TMI 443
... ... ... ... ..... s also clear that so far as the structure in the building is concerned it is not disputed that that is one of the ownership of the respond- ent. It is also not in dispute that the premises mainly stand on plot No. 34 about which there is not even a shadow of doubt about its title either of the property or of the land and in this view of the matter, on the basis of the two documents put together in the context of the circumstances as they stand it could not be said that the respondent- landlord has ceased to be the owner th....... + More
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1987 (8) TMI 442
... ... ... ... ..... ignificance. There is no magic in that expression. The expression as the case may be has been properly construed in the judgment mentioned hereinbefore. It was lastly contended that comparative hardship in the instant appeal has not been properly considered. It appears that there is nothing in this point. The appellant is an affluent businessman and it is not difficult for him to get alternative accommodation. On the other hand, the respond- ents have no other residential house than the one in ques- tion will find it extre....... + More
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1987 (8) TMI 441
... ... ... ... ..... on it must be the State. We, however, do not want to saddle the State with costs for two reasons-firstly, we do not want the employees to have a feeling that in the fight their employer has been vanquished and secondly we entertain a fond hope that there will be no reoccurrence. In course of arguments we had suggested to learned counsel for the parties to furnish recast Gradation List on the basis of claims advanced before us -(1) showing how it would be when full claim of the promotees is granted and (2) how different it ....... + More
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1987 (8) TMI 440
... ... ... ... ..... Ltd. v. New Burnswick Electric Power Commission, AIR 1928 Privy Council 287. We are of the opinion that from the period from March 7, 1975 to February 28, 1985 being the date on which the judgment of the High Court was pronounced in this case the appellants are entitled to the interest on the amount awarded at the rate of 6% per annum and from the period from August 87 1985 to July 31, 1987 and for that period only at the rate of 12% per annum. Interest will be payable only on the balance amount which remained to b....... + More
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1987 (8) TMI 439
... ... ... ... ..... g, Bambino vermicelli is not consumed straightway. It is used as one of the ingredients either in preparing a sweet or upma or pakoda or any other such or similar preparations. In view of this, we find it difficult to say that vermicelli is food. It is only an ingredient which goes into preparing a food. In this view of the matter, it is unnecessary for us to go into the first contention urged by Mr. Venkatarama Reddy, viz., whether vermicelli undergoes processing or whether the processing should be an elaborate one. For t....... + More
