-
1989 (2) TMI 423
... ... ... ... ..... manager of the family to protect Chanda and safeguard her rights. We have no doubt that he has failed to perform his moral obligation. But that by itself without anything more is not sufficient to frame a charge against him. We. therefore, agree with the discretion exercised by the trial Court and leave it at that. 21. In the result and for the reasons stated , we allow the criminal appeals to the extent indicated only as against Dilip. We set aside the order of the High Court and restore that of the trial court. The appea....... + More
-
1989 (2) TMI 422
... ... ... ... ..... has to be seen that on 20-7-1967 the appellant's Esplanade Agent called upon the respondents to adjust the amounts due on the over-draft account and take back the shares at once and that after that adjustment only a sum of Rs. 10,000/- was due. In our view, the learned single Judge is right in holding that there is no consideration for the respondents-firm to stand sureties for its guarantors. Finally we are not impressed with the arguments of Mr. Dolia, the learned Counsel for appellant-bank, that there are no pleadin....... + More
-
1989 (2) TMI 421
... ... ... ... ..... on, therefore, the amount of ₹ 51,295 squarely came within Section 14(3)(iii) of the Act. The High Court, therefore, was right in its conclusion that no tax was payable on the said amount. We would like to point out that under Section 14(3) provision has been made to extend certain advantages to the cooperative societies in order that the legislative purpose of providing incentive to the cooperative movement may be fulfilled. The High Court was right in holding that the provisions contained in Section 14(3) should be....... + More
-
1989 (2) TMI 420
... ... ... ... ..... cessary to interfere with the Order of the Tribunal. The appeal fails and is, therefore, dismissed accordingly.
-
1989 (2) TMI 419
... ... ... ... ..... ercentage of loss of raw materials. (Emphasis supplied). Such a conclusion without considering the other essential factors alleged as discussed above, is not legally proper and looks arbitrary. In this view of the matter, we set aside the demand of duty. 10. As regards the penalty imposed, there had been admittedly non-accountal of raw materials and also non-maintenance of prescribed records in respect of breakage losses and form IV account for caps. The appellants being in the line of manufacture of 22 years are expected ....... + More
-
1989 (2) TMI 418
... ... ... ... ..... its inherent powers under Section 482 Cr. P.C. 24. In our opinion the case of Puttan Singh v. State of UP. 1987 All WC 404 1987 All LJ 599 was correctly decided. (i) For the reasons given above our answer to the first question referred to us is in the negative. (ii) Our answer to the second question referred to us is that the High Court has no inherent power under Section 482 Cr. P.C. to interfere with the investigation by the police. The High Court has also no inherent power under Section 482 Cr. P.C. to stay the arrest o....... + More
-
1989 (2) TMI 417
... ... ... ... ..... th the merits of the application. But I do find certain difficulty in going into the merits of the case as all facts are not on record. I, therefore, suggested to the advocates on either side, that the best course would be to have the order set aside and respondent No. 1 could prefer a separate application and the learned Judge concerned shall then deal with the matter on the merits of the case. Happily there has been a consensus on this. 16. I, therefore, pass the following order The impugned order dt. March 9, 1988 passe....... + More
-
1989 (2) TMI 416
... ... ... ... ..... one slabs are still used for panel-boards, but there is now a great variety of insulating boards made by compressing glass fibres, quartz, or minerals with binders, or standard laminated plastics of good dielectric strength may be used....Synthetic rubbers and plastics have now replaced natural rubber for wire insulation, but some aluminium conductors are insulated only with an anodized coating of aluminium oxide. Wires to be coated with an organic insulator may first be treated with hydrogen fluoride, giving a coating of ....... + More
-
1989 (2) TMI 415
... ... ... ... ..... nd degree of the occupation of the transferee and the facts found, it cannot be said that either there was any assignment or sub-letting or parting with possession to such a degree by permitting the hoarding that the tenant had lost interest. He was using this premises for his benefit. Unless the tenant has infracted the prohibition of the Act, he is not liable to be evicted. The case rests on the express provision of the Act and there is no scope to explore the latent purpose of the Act. 22. In the premises, the High Cour....... + More
-
1989 (2) TMI 414
... ... ... ... ..... fendants consequently fails. 15. Mr. Lalit lastly submitted that in view of the observation in paragraph 11 of the judgment of the High Court that properties which were subsequently purchased by the plaintiff are held to be his self-acquisitions, the suit in any event should not have been dismissed in its entirety. We do not find any merit in this argument either. It has been pointed out in the judgment that the aforesaid claim of the plaintiff was not disputed by the defendant. If the reliefs claimed in paragraph 21 of th....... + More
-
1989 (2) TMI 413
... ... ... ... ..... s the power of attorney is admitted by the first defendant he is only an agent of the plaintiff. Recitals in Ext, A-1 would show that the plaintiff being a helpless widow required the help of the first defendant to manage her properties. In such a case it is difficult to believe that the plaintiff had agreed to sell the property not only belonging to her but also belonging to her minor daughter. Under Mohimmedan Law a minor's property cannot be sold by a defacto guardian. As the first defendant has admitted the power o....... + More
-
1989 (2) TMI 412
... ... ... ... ..... fidavit came into existence upon the respondents stating that his second representation was not signed and, therefore, was not forwarded. It is for that reason that the third representation was sent by the detenu and in support of the fact of his sending a third representation he had filed his additional affidavit. But this additional affidavit has necessarily to be read along with the earlier affidavit and all the pleas taken in the earlier affidavit would certainly be available to the detenu if the documents and facts re....... + More
-
1989 (2) TMI 411
... ... ... ... ..... vailable from different kinds. Of these, the chief are morphine, coneine etc. So, morphine is the main and. principal alkaloid of opium and if morphine is found in the product above 0.2 the product has to be treated as ''opiume'' Thus, it is clear that morphine is the derivative of opium and is covered by the definition of ' 'manufactured drug . s. 22 of the NDPS Act pertains to possession of psychotropic substance which has been defined in s. 2 (xxiii) to mean any substance natural or synthetic etc....... + More
-
1989 (2) TMI 410
... ... ... ... ..... of the arbitrator to decide the scope of his jurisdiction as we have said earlier that the court cannot make a contract between the parties and its power ends with interpretation of the contract between them. The same principle also applies to the arbitration agreement unless of course, the parties to the arbitration agreement authorises the court to make and modify the agreement for themselves. Mr. C.S. Vaidyanathan for the respondents states that the respondent shall have no objection to a retired Judge of the Supreme Co....... + More
-
1989 (2) TMI 409
... ... ... ... ..... the seats are filled up. For the reasons aforesaid, the judgment of the High Court is set aside and the impugned rule for admission in the evening classes is struck down as discriminatory and violative of Article 14 of the Constitution and accordingly, invalid. We, however, make it clear that the striking down of the impugned rule shall not, in any manner whatsoever, disturb the admissions already made for the session 1988-89. The respondents are directed to admit both the appellants in the second semester which has commen....... + More
-
1989 (2) TMI 408
... ... ... ... ..... rule of seniority contained in the Annexure thereto only to employees appointed after the date of that Memorandum, there is no escape from the conclusion that the seniority of Ganapathi Kini and Ravi Varma, respondents, who were appointed prior to December 22. 1959. would have to be determined on the basis of their length of service in accordance with Office Memorandum dated June 22, 1949 and not on the basis of the date of their confirmation. These considerations apply equally to the present case as well. The general rule....... + More
-
1989 (2) TMI 407
... ... ... ... ..... e the learned Magistrate and the Magistrate had ordered investigation under Section 156(3), the police would have had to submit a report under Section 173(2). It has been held in Tufa Ram Ors. v. Kishore Singh, 1978 1 SCR 615 that if the police, after making an investigation, send a report that no case was made out against the accused, the Magistrate could ignore the conclusion drawn by the police and take cognizance of a case under Section 190(1)(b) and issue process or in the alternative he can take cognizance of the ori....... + More
-
1989 (2) TMI 406
... ... ... ... ..... roviding conveyance to the scientific personnel to travel from their respective residences to the factory, cannot be regarded as a facility for the prosecution of scientific research. Sri Sarangan, the learned counsel for the assessee, however, submitted that the language used in the explanation was very wide and every capital expenditure incurred which facilitates the prosecution of scientific research, falls within the definition of the explanation and, consequently, the benefit of section 35(1)(iv) would be attracted. 3....... + More
-
1989 (2) TMI 405
... ... ... ... ..... he royalty relating to the period from 1-6-1958 to 31-10-1963. The Tribunal held that since the assessee had given this undertaking to pay this royalty within the relevant period of accounts, the assessee was entitled to claim this amount as deduction. 5. We see no reason to interfere with this finding made by the Tribunal. The actual liability had taken place by virtue of an agreement entered into by the assessee with the Government of Bihar and an undertaking had been given to the Bihar Government relating to that earlie....... + More
-
1989 (2) TMI 404
Whether the death sentence should be vacated? Held that:- Undue long delay in execution of the sentence of death will entitle the condemned person to approach this Court under Article 32 but this Court will only examine the nature of delay caused and circumstances ensued after sentence was finally confirmed by the judicial process and will have no jurisdiction to re-open the conclusions reached by the Court while finally maintaining the sentence of death. This Court, however, may consider the question of inordinate delay in the light of all ci....... + More
