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1991 (2) TMI 430
... ... ... ... ..... bove, leave to defend is granted on condition that in each of the two suits, the defendants deposit Rs. 50,000/- within 6 weeks from today. In the event of the defendants depositing the amount as aforesaid, both the suits to be transferred to the list of Commercial Causes. Written Statement within 8 weeks thereafter. Affidavit of documents within 8 weeks thereafter. Inspection forthwith thereafter. Suits to be placed on Board for hearing in the last week of February, 1992. In the event of the defendants depositing the said....... + More
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1991 (2) TMI 428
... ... ... ... ..... izance of the offence on the basis of the incomplete police report presented before him and consequently the order taking cognizance of the offence and issuing process to the accused is quashed and set aside as also the order of condonation of delay made by him vide order dated 21st Nov. 1986. 37. The applicants in Criminal Application No. 812 of 1987 are accused Nos. 12 to 16 in the aforesaid Criminal Cases Nos. 57 to 61 of 1987, whereas the applicants in Criminal Application No. 1868 of 1987 are the original accused Nos........ + More
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1991 (2) TMI 427
... ... ... ... ..... , such arrested person cannot be taken again into the custody by the Army officials. The elucidation is recorded for guidance and compliance by Army officials and police establishment. In our view the learned Advocate General fairly put the subject matter beyond any controversy. 15. We have tried to deal with this difficult subject to cover all aspects in the circumstances of the case. We have stated in the prefatory part of the order that this order will be subject to the decision of larger question that is to be discusse....... + More
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1991 (2) TMI 426
... ... ... ... ..... es. A similar provision is contained in Section 278B of the Income Tax Act and in the two judgments referred to as Puran Devi v. Z.S. Klar, ITO 1988 169 ITR 608 and Basal Tool Co. v. ITO, it has been interpreted that only the person who is in charge of the affairs or was responsible to the company for the conduct of the business of that company and the company are liable for the offence. Seeking guidance from the above-quoted authorities, I hold that to make Jagpal Singh, the petitioner, liable, the respondent-firm had to ....... + More
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1991 (2) TMI 425
... ... ... ... ..... g the author of the rule, has kept to itself, as a matter of prudence; the right to remove any ambiguity about the identification of any post including the highest post/posts. The stance of the government in this regard should have clinched the matter but since the same had been put forth as a defence in the High Court, its view nonetheless are entitled to great weight and the burden of the appellants to lift that weight, an uphill task by all means, has remained unfulfilled. 13. To sum up, our interpretation of the rules ....... + More
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1991 (2) TMI 424
... ... ... ... ..... oceedings in the different High Courts abate; the suit in the Jabalpur High Court shall stand dismissed. The contempt proceedings now pending shall not be proceeded with. 16. In the course of arguments some criticism was advanced against the order of the High Court providing monthly remuneration to Mr. Justice Natarajan. We leave this aspect to be considered by Mr. Justice Natarajan himself and do not propose to deal with it in our order. 17. Before we leave this matter we would like to point that the Union of India should....... + More
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1991 (2) TMI 423
... ... ... ... ..... department. There is no room or scope for making any presumption about the estimated or hypothetical value of the diamond jewellery in question. It must be factually established that the real investment made by the assessee for purchase of the diamond jewellery in question was more than what was shown in the purchase invoices. The valuation report prepared by the Valuer of the department at the time of search cannot be made the basis for concluding that the assessee really spent more amount than what has been shown in the ....... + More
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1991 (2) TMI 422
... ... ... ... ..... t an Arbitrator is appointed in the present case to determine the damages payable by Delhi Administration instead of making the petitioners run to the Civil Court for that purpose. We appoint Mr. T.V.R. Tatachari, former Chief Justice, Delhi High Court, as an Arbitrator who will enter upon the reference within four weeks of the communication of this order to him. He may make the Award within a period of four months thereafter. The Arbitrator will not be obliged to give reasons for his conclusions. The parties will be at li....... + More
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1991 (2) TMI 421
... ... ... ... ..... rmity with the above view taken on the legal aspect, the judgment of the Sessions Judge has to be upset. We do so. We set aside the judgment of the Sessions Judge, acquitting the accused. Having regard to the circumstances, the punishment awarded by the trial court appears to be adequate. We restore the conviction and sentence as indicated therein. Accused No. 1 is to undergo simple imprisonment for six months and also to pay a fine of ₹ 1,000/-. In default of payment of fine, he will undergo simple imprisonment for ....... + More
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1991 (2) TMI 420
... ...
... ... ..... wamy, JJ. ORDER Appeal dismissed.
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1991 (2) TMI 419
... ... ... ... ..... would cause irreparable injury to the other members of the family. 8. This was a case where the Supreme Court confirmed grant of temporary injunction in a pending suit. Ours is a case of granting of ad interim injunction. Having regard to the peculiar facts and circumstances of this case this Court should not find it difficult to confirm the order of ad interim injunction even in revision though normally the revisional Court will look to the justification of the limited order of ad interim injunction. In our case also the ....... + More
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1991 (2) TMI 418
... ... ... ... ..... ny minor. Guardianship, custody and access to a minor are not sought only in matrimonial causes. Such reliefs may also be sought under the provisions of the Guardians and Wards Act, 1890, the Indian Lunacy Act, 1912 and the Hindu Minority and Guardianship Acl, 1956. It is far from clear whether Parliament intended that proceedings even under these statutes in relation to guardianship, custody or access to a minor should be filed before the Family Court if instituted by a member of the minor's family. 17. These matters ....... + More
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1991 (2) TMI 417
... ... ... ... ..... 10,000/ - to defendants 1 to 5. I further direct that the trial will henceforth proceed from the stage of framing of issues. No further issue on the preliminary objections raised by defendant No. 6 in his written statement shall be allowed. In fact it was conceded by Mr. Gupta that suit may be tried on the basis of the issues already framed. Defendant No. 6 has raised a preliminary objection that suit is barred by limitation without, however, giving any particulars as to how it is so. This objection is, therefore, overrule....... + More
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1991 (2) TMI 416
... ... ... ... ..... y me above, (18) Inasmuch as there is no distinction between the power of a Judge of the High Court on the original side to try the matter as civil suit, and as a Judge of the High Court of Delhi, sitting as a Company Judge to investigate questions of. tide, it. would be appropriate that the proceedings relating to questions of title are also determined by the Company Judge. (19) Learned counsel for the plaintiffs has not cited any single case which was filed as an original civil suit which relate to declaration of title t....... + More
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1991 (2) TMI 415
... ... ... ... ..... aspect which was not touched upon and which did not arise in the Indian tobacco case. There both the Central Act and the State Act purported to legislate in regard to the industry, namely, in regard to the production and manufacture of tobacco. 10. In view of our conclusion above, the State legislation would be quite valid unless it is repugnant to the provisions of a Central legislation on the subject. A perusal of the Central Act makes it clear that the pith and substance of the legislation is the Constitution of a silk ....... + More
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1991 (2) TMI 414
... ... ... ... ..... member of the Scheme or needy family members of the deceased member get the provident fund amount for their survival. Therefore it is provided that the nomination could only be in favour of the family members by the member of the Provident Fund Scheme; the member cannot nominate an outsider if he is having family, he can modify the nomination at any time; he cannot assign the provident fund amount or create charge over it and the provident fund amount is not liable to attachment under any decree or order of the Court. In t....... + More
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1991 (2) TMI 413
... ... ... ... ..... pal Corporation Act, 1957 is a condition precedent for hearing or determination of the appeal but there is no restriction on filing the memorandum of appeal. However, mere filing of a memorandum of appeal shall not be construed as a valid and competent appeal for the purpose of S. 155(l) of the Delhi Municipal Corporation Act, 1957. (2) The District Judge has no discretion to grant stay of the disputed amount or dispense with the condition of pre-deposit of the amount in appeal, with or without conditions. Further the amou....... + More
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1991 (2) TMI 412
... ... ... ... ..... lso preserve the special nature of the proceedings under section 31 and would not result in bringing about a fundamental alteration in the law laid down by this Court with regard to the nature of these proceedings as well as the general law whereunder a surety is to be treated on par with the principal debtor. For the reasons aforesaid, I am in agreement with the view of the Division Bench of the High Court on this question and I am unable to concur with the decision of my learned brother Ojha, J. I would, therefore, uphol....... + More
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1991 (2) TMI 411
... ... ... ... ..... are having the same chemical structure and that it is used as a drug in pharmaceutical formulations. 12. Since PVP is a polymer, it follows that Povidone Iodine which is an adduct or complex of PVP with iodine is also not a chemical with a separately chemically defined formula. It continues to be a polymer, a chemically modified polymer. 13. In the above view of the matter, the appeal has no merit and is dismissed. We must, however, mention that the heading - 3904.40 - other vinyl chloride copolymers - under which the good....... + More
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1991 (2) TMI 410
... ... ... ... ..... urt on January 8, 1991 will continue to remain in operation till the review petition is decided by the High Court. However, it will be open for the High Court to vary or vacate the interim order on appropriate applications made to it by any of the parties or by any of the interveners here. If the review petition is not filed within the said period of four weeks, the appeal shall stand dismissed and all interim orders passed by us shall be deemed to be vacated. o p /o p In our opinion, the review petition deserves to be dis....... + More
