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1989 (12) TMI 363
... ... ... ... ..... his submission Mr. Dutt asked us to consider the documents now filed by her. We are unable to accept this submission of Mr. Dutt for at this stage we are concerned only with the question whether the Magistrate was justified in taking cognizance upon the complainant and whether the issuance of the process against the petitioners was an abuse of the process of the Court or not. If really, the documents now disclosed by Mr. Dutt were in the possession of the complainant and were relevant to prove her case, nothing prevented h....... + More
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1989 (12) TMI 362
... ... ... ... ..... by the Tribunal in the department's appeal. 6. The point that the assessee now seeks to raise was not argued before the Tribunal nor was the same considered by the Tribunal. In fact the Tribunal could not consider without any cross-objection being filed by the assessee. The question is a mixed question of facts and law. The question that has now been sought to be raised regarding depreciation was not considered and decided by the Tribunal and does not arise out of the order of the Tribunal. It has not been shown how th....... + More
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1989 (12) TMI 361
... ... ... ... ..... probe into the details of the discussions and the deliberation before legislative will is seen expressed by passing the resolution. The connotation of the word 'consideration' occurring in Sub-section (1) of Section 98 ' comprehends 'taking note of or 'paying heed to' depending upon the nature of the subject. It may be open to the councillors to express views even within the limited time available. No standard can be prescribed in such matters. When it is shown that the council had the opportunity t....... + More
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1989 (12) TMI 360
... ... ... ... ..... swer the three questions by saying (1) The entire amount received by the assessee from the company must be treated as dividend income without any deduction of the face value of the shares or the purchase price of the shares. (2) The purchase price of the shares must be treated as business expenditure as the assessee had done in his share-trading account and such expenditure should be allowed as deduction in the share-trading account under the business head. (3) The assessee will be entitled to relief under Section 80M of t....... + More
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1989 (12) TMI 359
... ... ... ... ..... e 26 the Court has observed that in adjudging the amount payable by one party to another, an arbitrator has full power to direct payment by instalments. The directions as to the number, amount, mode and time of payment of these instalments are, therefore, matters within the discretion of the arbitrator and from essential parts of an award which a Court has no more power to modify than it has to enhance or reduce the total sum found payable by the arbitrator. Even if the order fixing the instalments is erroneous, harsh or o....... + More
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1989 (12) TMI 358
... ... ... ... ..... is the document of guarantee that has to be scanned to ascertain whether the guarantee is conditional or otherwise and whether it is an autonomous contract by itself. Ordinarily, the Court shall not grant an injunction restraining enforcement of such bank guarantees save where there is clear case of fraud of which the bank had notice and where the special equity was in favour of the beneficiary under the bank guarantee in the instant case, the appellant. Following the rule of law laid down in Vinay Engineering's case (....... + More
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1989 (12) TMI 357
... ... ... ... ..... event relief for cancellation will be surplusage and redundant. A recorded tenure-holder having prima facie title in his favour can hardly be directed to approach the Revenue Court in respect of seeking relief for cancellation of a void document which made him to approach the Court of law and in such case he can also claim ancillary relief even though the same can be granted by the Revenue Court. In any view of the matter, the present action would be covered by the pronouncement of the Full Bench. It is not necessary to go....... + More
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1989 (12) TMI 356
... ... ... ... ..... petition, no interim relief was granted and thereafter the sale has taken place. If the petitioner has any ground for challenging that action of sale, the petitioner will be at liberty to challenge the same by way of an independent action. The Corporation is directed to render to the petitioner true and complete account of the sale and if there is any surplus, to disburse the same in accordance with law to the persons entitled to the same. Subject to the aforesaid directions this petition is also dismissed. Rule discharged....... + More
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1989 (12) TMI 355
... ... ... ... ..... n exception. In this situation, the view taken by the High court was unexceptional warranting it to be left un interfered with. Some attempt was made by learned counsel for the appellant to contend that the doctrine of promissory estoppel could not be pressed into service to command the State government under S. 3-A (vii) (before its amendment) and S. 3-B of the Madhya Pradesh Electricity Duty Act, 1949 (as amended) to issue a notification exempting the respondent from payment of electricity duty. The answer to this argume....... + More
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1989 (12) TMI 354
... ... ... ... ..... e question of applicability of section 44C was not before the appellate authority and as such there was a merger of the original order with the appellate order and consequently, the Commissioner (Appeals) could not invoke the provisions of section 263 for revising the order passed. In this particular case, the Tribunal specifically observed that though the question of applicability of section 44C was an issue, neither of the parties has disputed the quantum in this regard. There is no dispute about the calculation of secti....... + More
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1989 (12) TMI 353
... ... ... ... ..... h or weight. The use to which it may be put is also immaterial and does not bear on its character as a textile. The fact that the 'dryer felts' are used only as absorbents of moisture in the process of manufacture in a paper manufacturing unit, cannot militate against 'dryer felts' falling within the category of textiles, if otherwise they satisfy the description of textiles. It is not necessary to refer to the other decisions cited before us in this case. The non-inclusion of knotting in the Explanation to....... + More
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1989 (12) TMI 352
... ... ... ... ..... nuine or bogus are primarily questions to be determined on appreciation of the facts. The findings of the Tribunal on these questions are not liable to be interfered with unless the Tribunal has taken into consideration any relevant material or has failed to take into consideration any relevant material or the conclusion arrived at by the Tribunal is perverse in the sense that no reasonable person on the facts placed before it could have come to this conclusion. 12. We are of the view that there were sufficient materials o....... + More
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1989 (12) TMI 351
... ... ... ... ..... ment issued by Public Service Commission in accordance with recruitment Rules he acquires right to be considered for selection in accordance with the then existing Rules. This right cannot be affected by amendment of any rule unless the amending rule is retrospective in nature. In the instant case the Commission had acted in accordance with the then existing rules and there is no dispute that the appellants were eligible for appointment, their selection was not in violation of the recruitment Rules. The Tribunal in our opi....... + More
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1989 (12) TMI 350
... ... ... ... ..... the first respondent-contemnor to deliver vacant possession immediately and issuing necessary further and consequential directions for enforcing the same. o p /o p In the foregoing circumstances, we find the first respondent guilty of committing contempt by wilful disobedience of the undertaking given by him in this Court and accordingly we convict him and sentence him to pay a fine of ₹ 500 within the period of four weeks, failing which he shall suffer simple imprisonment for one month, and also direct him to delive....... + More
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1989 (12) TMI 349
... ... ... ... ..... acts in this country; (ii) that the liability of such a corporation is not limited to such of its assets (or the assets of its affiliates) as may be found in this country, but that the victims are able to reach out to the assets of such concerns anywhere in the world; (iii) that any decree obtained in Indian Courts in compliance with due process of law is capable of being executed against the foreign corporation, its affiliates and their assets without further procedural hurdles, in those other countries. Our brother, K.N........ + More
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1989 (12) TMI 348
... ... ... ... ..... refers to oral accounts of the contents of documents. Correctness of certified copies referred to in clause (1) is presumed under Section 79; but that of other copies must be proved by proper evidence. A certified copy of a registered sale deed may be produced as secondary evidence in the absence of the original. But in the present case Ex. 3 is not a certified copy. It is just an ordinary copy. There is also no evidence regarding contents of the original sale deed. Ex. 3 cannot, therefore, be considered as secondary evide....... + More
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1989 (12) TMI 347
... ... ... ... ..... uot; of the 6th respondent. We therefore refrain from saying anything more on the subject. 11. Dr. Ghatate, the learned Counsel appearing for the aggrieved respondent in each of the appeals tried to urge that the Constitution of the Selection Committee itself was defective inasmuch as no experts from other University were invited to participate in it as required by the Statutes. This ground was not urged before the High Court. It involves a question of fact. There was therefore no opportunity either for the appellant or th....... + More
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1989 (12) TMI 346
... ... ... ... ..... of the senior-most workmen should be regularised with immediate effect and the remaining 118 petitioners should be regularised in a phased manner, before April 1, 1991 and promoted to the next higher post according to the standing orders. All the petitioners are entitled to equal pay at par with the persons appointed on regular basis to the similar post or discharge similar duties, and are entitled to the scale of pay and all allowances revised from time to time for the said posts. We further direct that 16 of the petition....... + More
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1989 (12) TMI 345
... ... ... ... ..... satisfy the authorities that it being a unit registered with of opposite-party is bad even for this reason. A unit which obtains registration before passing of the order cannot be denied eligibility certificate. Nor its period can be curtailed. For reasons stated above this petition succeeds and is allowed. The part of the eligibility certificate by which it has been made effective from February, 1987 is quashed. Consequently assessment proceedings for 1984-85 are quashed. The petitioner shall be entitled to its costs. of ....... + More
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1989 (12) TMI 344
Whether the suit was not maintainable? Held that:- The defendant denied the agreement and went on to state that just before his death her husband had agreed to sell to the plaintiff Item No. 1 of the suit property less one acre of paddy field for a sum of ₹ 11,000 but due to the illness of her husband, the sale in question could not be effected. After the written statement to this effect was filed, no application for amendment to the plaint was made. The Trial Court decreed the suit. In the appeal, the High Court did not accept the agree....... + More
