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Showing 1 to 20 of 385 Records
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1991 (1) TMI 466
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... ... ..... l or statutory functionary falls within the constitutional or legislative conferment of power, or is vitiated by self-denial on an erroneous appreciation of the full amplitude of the power is a matter for the Court but not the merits of the case upon which the executive decision is taken. In our considered view, therefore, while a judicial review to the limited extent indicated above will be permissible in exercise of the powers of this Court under Article 226 of the Constitution of India, it will not be so permissible in exercise of its inherent criminal jurisdiction saved under Section 482 of the Code of Criminal Procedure, 1973, The reference is answered accordingly. 33. In view of the answer of the reference as above, it shall be open to the Petitioners to either convert instant petitions into petitions under Article 226 of the Constitution of India or to file fresh petitions. The record of the case now should be placed before the appropriate Judge for orders accordingly.
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1991 (1) TMI 465
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... ... ..... ndents which would further prolong conclusion of the trial. It is also clear that without rejecting the other defences, it is not possible to uphold the conviction and sentence awarded by the trial Court. In such a situation, the course suggested by Shri T.S. Krishnamurthy Iyer, particularly in view of the stand taken by Shri P.S. Poti on behalf of the appellants, that the appellants are more keen to know the correct meaning of the provisions of the Order, appears to be the proper course to adopt in the present case. 13. Consequently, we reject the High Court s construction of the provisions of the Order and hold that the allegations in the present case, if proved, would amount to a contravention of para 21 read with para 18 of the Drugs (Prices Control) Order, 1979, which is punishable under Section 7 of the Essential Commodities Act, 1955. However, for the reasons already given, we do not interfere with the acquittal of the respondents. The appeal is disposed of accordingly
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1991 (1) TMI 464
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... ... ..... m the day when the wife was allegedly turned out of the house by the husband but would continue giving a fresh cause of action until the stridhan is returned. 26. Regarding the remaining merits of this petition, it transpires that the quashment of the complaint or the summoning order of the trial Court on the ground of vagueness of allegations in the complaint is not acceptable as the complaint had specifically stated regarding the entrustment of the stridhan and the refusal of the husband to return the same despite repeated requests and persuations by the other respectables. The mere fact that the name of those respectables did not figure in the complaint is thus of no consequence because of the well-known principle that it is the quality of evidence and not the quantity that counts. 27. For the foregoing reasons, there being no merit in this petition, it is ordered to be dismissed. The petitioner through his counsel is directed to appear before the trial Court on 23-4-1991.
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1991 (1) TMI 463
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... ... ..... rouble of looking into the records and forming an opinion as to whether there is sufficient ground for proceeding. If such orders are challenged, this Hon'ble Court will be justified in quashing such untenable orders. Therefore, it is necessary that the Magistrates who are required to take cognizance of the offence and issue process follow the law as laid down in Section 204, Criminal Procedure Code, and apply their mind and form an opinion that there is sufficient ground for proceeding in the matter before passing the matter. 7. Hence, I make the following order (a) The criminal petitions are allowed. The order of the learned Presiding Officer to issue summons to the petitioner is set aside and the case is remitted back to the Special Court for Economic Offences, Bangalore, to proceed further in the case in accordance with Section 204, Criminal Procedure Code, and in the light of the discussions made above. (b) Send records of both the cases to the Court below forthwith.
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1991 (1) TMI 462
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... ... ..... SAWANT, JJ. ORDER Appeal dismissed.
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1991 (1) TMI 461
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... ... ..... in the light of the observations made above. Pending disposal of the said application, it is hereby ordered that Shri S. Natarajan. a retired Judge of the Supreme Court shall be the one Member Executive Council, who shall exercise all the powers vested in the Office-bearers including the President as well as the Executive Council in consultation with a Committee nominated by him of men representing National Sports Federations/ Associations, Stale Olympic Associations and the International Olympic Committee members in India not exceeding seven and receive a fixed honorarium of ₹ 15,000/- p.m. and expenses and allowances admissible to the President of the Indian Olympic Association from the funds of the Association. Parties are directed to comply with the order forthwith. Since the matter is of importance and far-reaching consequences, we direct that the sub-application be disposed of as quickly as possible preferably within a period of two months. 63. Order accordingly.
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1991 (1) TMI 460
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... ... ..... under a statutory duty to perform a public duty. It is not shown to us that the respondents in these petitions are under any statutory duty and, therefore, these petitions are not maintainable. 12. Our answer to the two questions framed by us are these Answer to Question No. I In the negative. Answer to Question No. II In the affirmative only to this extent that where it is found from the order impugned that fundamental principle of law has been violated and further such an order causes substantial injustice to the party aggrieved, the principle that ordinarily interlocutory order passed in the civil suit is not amenable to extra-ordinary jurisdiction of the High Court, will not preclude such a writ petition being issued by the High Court under Art. 226 of the Constitution within the ambit of well-established and recognised principles laid down by the Supreme Court. 13. Let the papers be laid before the learned single Judge with this opinion and answer. 14. Order accordingly.
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1991 (1) TMI 459
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... ... ..... . Sahai, JJ. ORDER Appeal dismissed.
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1991 (1) TMI 458
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... ... ..... purpose of vindication of his personal grudge or enmity. It is duty of this Court to discourage such petitions and to ensure that the course of justice is not obstructed or polluted by unscrupulous litigants by invoking the extraordinary jurisdiction of this Court for personal matters under the garb-of the public interest litigation see Bandhua Mukti Morcha v. Union of India, 1984 2 SCR 67; Pandey v. State of West Bengal, 1987 2 SCC 295 at 331; Ramsharan Autyanuprasi & Anr. v. Union of India & Ors., 1989 Suppl. 1 SCC 251 and Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. & Ors., 1990 4 SCC 449. In view of the above discussion we are of the opinion that this petition has been filed not in any public interest but for the petitioner's personal interest and for these reasons we dismissed the same and directed that the petitioner shall pay ₹ 5,000 as costs. These costs are to be paid to the respondent Nos. 3,4 & 5. T.N.A. Petitions dismissed.
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1991 (1) TMI 457
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... ... ..... r parties to the sale and transfer of shares of Jokai Tea Holdings Limited, the plaintiff cannot be permitted to add this prayer by way of amendment. The relief sought by way of amendment is also rather too vague and is not at all necessary for the purpose of determining the real question in controversy between the parties as originally laid in the suit. It is bad for multifariousness as well. This cannot be permitted. Request to add the prayer is declined. In this view of the matter the amendments sought would appear to be rather superfluous. If, however, the plaintiff wants any of the amendments by way of additional facts, he will be permitted to do so on a separate application being filed and if the amendments fall within the purview of Order 6, Rule 17 of the Code. 19. The result of the above discussion is that all the three applications, I.As. Nos. 5403 of 1990, 11264 of 1990 and 10685 of 1990 are dismissed. There will be no order as to costs. 20. Applications dismissed.
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1991 (1) TMI 456
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... ... ..... t, I should have thought that the ascertainment of the paramount object of the transaction is also an objective process. But it is at this stage, when other features of the case are taken into account, and the paramount object of the transaction may not prove decisive, that the second question falls to be considered. In answering it, evidence of subjective intention should obviously play its part Isvjera v. Inland Revenue Commissioners 1965 1 W. L. R. 663 and Reed v. Nova Securities Ltd. 1985 1 W. L. R. 193. The fact that a person entered into a transaction with a predominantly fiscal intention may assist the commissioners, having weighed that purpose against the other features of the transaction, to determine whether by engaging in it that person can properly be said to have been "carrying on a trade". That is the question which the commissioners must answer here. Appeal allowed with costs in Court of Appeal. Case remitted to special commissioners. Leave to appeal.
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1991 (1) TMI 455
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... ... ..... s on 1-1-1973 should be taken into account while computing the capital of the assessee-company. It was negatived by the taxing officer who deducted ₹ 3,10,450 from the general reserve and the balance was added to the capital. The Appellate Commissioner and the Tribunal confirmed the order. On reference, the High Court upheld the order which was approved by this Court. Thus, we have no hesitation to hold that though the general body of the shareholders resolved and appropriated on 31-5-1963 of the dividend of ₹ 76 lakhs from the reserve of ₹ 90 lakhs it related back to the relevant assessment year, and, therefore, as on 1-1-1963 ₹ 76 lakhs was provision and cannot be computed as capital. Only ₹ 14 lakhs would be treated to be reserve. The Tribunal and the High Court, therefore, correctly laid down the law and it does not warrant interference. The appeal is accordingly dismissed but in the circumstances parties are directed to bear their own costs.
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1991 (1) TMI 454
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... ... ..... le of transfer or mortgage. Therefore, the learned trial Judge was clearly in error in holding that the defendant could not mortgage the flat. 16. In the result, none of the contentions raised by the defendant in the suit can succeed and the judgment and decree of the trial Court are required to be quashed and reversed and the suit of the appellant-plaintiff is required to be decreed. 17. The suit of the appellant-plaintiff is decreed and it is directed that the fendant do execute the legal mortgage and get it registered in respect of the property being flat No. A/I 7, 9th floor, Ballard View Co-operative Housing Society, Tardev, Bombay within a period of six months from today. If the defendant fails to execute such mortgage within that period, the trial Court shall appoint an officer of the Court to execute the same on behalf of the defendant and such officer shall execute the same on behalf of the. defendant. Suit is decreed with costs and appeal is also allowed with costs.
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1991 (1) TMI 453
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... ... ..... July, 1987. Sub-section (3) of Section 4-A of the Act was amended retrospectively by Act 17 of 1987. By this amendment the scope of sub-section (3) of Section 4-A was widened so as to include the power to cancel the eligibility certificate also on the ground that the dealer to whom the eligibility certificate was granted was not entitled to the same. The impugned order is hence liable to be quashed on the ground that the same is wholly without jurisdiction. This will, however, not preclude the Commissioner of Sales Tax from examining the matter afresh in accordance with law under sub-section (3) of Section 4-A of the Act in case he decides to invoke his powers under that provision. 2. In the result, the petition succeeds and is allowed and the impugned order dated 28-V-1987, passed by the Divisional Level Committee is, subject to the observations made above, quashed. 3. A copy of this order may be given to the learned Counsel within a week on payment of the requisite charges.
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1991 (1) TMI 452
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... ... ..... hares which are themselves liable to change does not bring about any irreversible situation. Hence, we are of the view that unless a partition of the property is effected by metes and bounds, the daughters cannot be deprived of the benefits conferred by the Act. Any other view is likely to deprive a vast section of the fair sex of the benefits conferred by the amendment. Spurious family settlements, instruments of partitions not to speak of oral partitions will spring up and nullify the beneficial effect of the legislation depriving a vast section of women of its benefits. 12. Hence, in our opinion, the High Court has rightly held that since the final decree had not been passed and the property had not been divided by metes and bounds, Clause (iv) to Section 29-A was not attracted in the present case and the Respondent-daughters were entitled to their share in the family property. 13. The appeal fails and is accordingly dismissed. There will, however, be no order as to costs.
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1991 (1) TMI 451
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... ... ..... ip Singh, JJ. ORDER Appeal dismissed.
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1991 (1) TMI 450
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... ... ..... stitutions accept pledge of shares in blank transfer forms and if the pledger fails to pay the liabilities, the blank transfer forms are completed and lodged for transfer. If such transactions are considered as void according to the provisions of Sections 13 and 18 of the Securities Contracts (Regulation) Act, it will create innumerable difficulties and will negate the existing commercial practices prevailing in the market. In view of this we have no hesitation to conclude that by signing the blank transfer forms on July 20, 1987, in respect of shares which were already in the physical custody of the pledgee, the transfer of shares was complete for all the purposes. 17. In view of the foregoing, the appeals are allowed and the company, the Deccan Paper Mills Co. Ltd., is hereby directed to register the transfer of impugned shares and that the company shall give effect to this decision within ten days of the receipt of this order. There will, however, be no order as to costs.
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1991 (1) TMI 449
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... ... ..... the design, the lay-out and the manner in which the words written in the works of the respondent was an obvious imitation, much less an imitation of the appellant's work. 26. Applying the various tests set out above, we are unable to agree that the respondent had committed an act of piracy by way of copying the copyright of the appellant. As rightly pointed out by the Copyright Board that there can be no copyright in the word or words, but the right can only be in the artistic manner in which the same is written, and in this case the works were totally dissimilar. Having considered the circumstances and materials before it the Board has recorded a finding of fact that the work of the respondent was not in any way a copy of the work of the appellant. We are of the view that the judgment of the Copyright Board, is absolutely correct and unassailable. 27. In the result, the appeal fails and is accordingly dismissed. There will be no order as to costs. 28. Appeal dismissed.
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1991 (1) TMI 448
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... ... ..... The interim orders passed by the High Court shall continue to operate till the Tribunal decides the application of the appellants and for a period of two weeks thereafter; thereafter it will be for the High Court to pass such orders as it may think fit. The Tribunal to dispose of the aforesaid application within a period of six months from receiving this order. The Registry to transmit a copy of this order as early as possible. In order to challenge the said notification and limit the grounds of challenge as aforesaid the appellants will be at liberty to amend the application which he has made to the Tribunal. The condition imposed by the High Court on the appellants in its orders dated 13th February, 1989, and 29th September, 1989, respectively shall continue to operate. The appeal is disposed as aforestated. No order as to costs. 3. Writ petition to come up in normal course. Stay order to stand vacated in view of the order which we have made in the special leave petition.
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1991 (1) TMI 447
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... ... ..... ovisions empowering the Company Law Board to extend the prescribed period of limitation and condone the delay in filing a reference. In view of the Supreme Court decision and the provisions of the Securities Contracts (Regulation) Act, relating to the proceedings under Section 22A before this Bench, we have no doubt in our mind that the provisions of the Limitation Act are not applicable to the proceedings under Section 22A of the Act which is a special statute and, consequently, this Bench has no powers to extend the time limit for filing the reference and condone the delay. In view of this, we hold that the 24 references made by the applicant-company to us for confirmation or otherwise of the opinion arrived at by the board of directors of the company are not maintainable as the board has not arrived at a decision within a period of two months and have not made this reference within the prescribed period of two months and, therefore, are not maintainable and are dismissed.
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