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1992 (12) TMI 239
... ... ... ... ..... d been entered between the parties that Court has to decide whether the agreement or compromise in question was lawful and not void or voidable under the Indian Contract Act. If the agreement or the compromise itself is fraudulent then it shall be deemed to be void within the meaning of the explanation to the proviso to Rule 3 and as such not lawful. The learned Subordinate Judge was perfectly justified in entertaining the application filed on behalf of the appellant and considering the question as to whether there had bee....... + More
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1992 (12) TMI 238
... ... ... ... ..... made in the above noted appeals in this Court. Should the High Court find, after hearing both sides, that any or all of the appellants in this case are senior to the ones who had been appointed and are continuing in service, as a result of the orders made in the aforesaid appeals and are otherwise qualified in all respects according to the scheme existing prior to 1991 Rules, it shall direct the State Government to appoint such teachers, in relaxation of the age bar wherever applicable. Civil Appeal No. 3217/91 is therefor....... + More
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1992 (12) TMI 237
... ... ... ... ..... officials should have resorted to scrutiny of the cheque under ultraviolet ray lamp by way of additional precaution and by not taking such extra precaution the bank may be held guilty of negligence. We do not think that there was any justification for the courts below to proceed to the footing that the Bank had failed to take reasonable care in passing the cheque for payment. without subjecting it for further scrutiny under ultraviolet ray lamp because the branch was on the outskirt of the metropolitan city of Bombay and i....... + More
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1992 (12) TMI 236
... ... ... ... ..... g to the said plot No. 30, block 'K', sanctioned plan and completion certificates from Municipal Corporation of Delhi in respect of the superstructure built on the said plot shall be handed over alongwith the vacant possession of first floor by 30.9.1971. You know that 30.9.1971 is fast approaching and your clientess is still to comply with these requirements besides mentioned in para No. 2 and 3 of the agreement. I, therefore, call upon you to advise your clientess to comply with the requirements will before 30.9........ + More
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1992 (12) TMI 235
... ... ... ... ..... in dismissing the departmental appeals only on the ground that the decision given in the case of Surendra Pratap Jaiswal by the AAC was not challenged by the revenue. There maybe number of reasons for not challenging the judgment and it maybe negligence, carelessness, connivance, mistake or the like on the part of the authorities in not taking timely action or it may be that after examining the case the department was of the view that the matter should not further be challenged. Since no reason has been given even before t....... + More
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1992 (12) TMI 234
... ... ... ... ..... that the petitioner was not a party to the proceeding. 24. A perusal of the news item does not spell out any reference to the case of corruption or its proceeding pending before this Court. In the alleged contemptuous statement (Annexure 'A') only the view of the reporter is mentioned as if Ch. Bhajan Lal had perhaps been provoked about the proceedings of the case before the Supreme Court. In fact, the Civil Appeal No. 5412/90 itself has been disposed of on 21st November, 1990 and LA. No. 1/91 is filed in the above....... + More
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1992 (12) TMI 233
... ... ... ... ..... owth of commerce and above all inculcates respect for the efficacy of judicial adjudication. Before granting or refusing to grant of relief of declaration or injunction or both the court must weigh pros and cons in each case, consider the facts and circumstances in its proper perspective and exercise discretion with circumspection to further the ends of justice. From the back-drop fact situation we have no hesitation to hold that the relief of declaration granted is unjust and illegal. It tended to impede free flow of capi....... + More
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1992 (12) TMI 232
... ... ... ... ..... ysical presence from the building during intermittent periods less than six months in duration will not rouse the presumption of cessation of his occupation and law does not accept the tenant to be under the roof of his rented building all the 24 hours of the day and all the 365 days in the year. He proceeded to observe farther thus However, his physical absence therefrom continuously for six months will arouse the presumption that he has ceased to occupy the building and that he has abandoned it. Once this presumption ari....... + More
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1992 (12) TMI 231
... ... ... ... ..... be taken as the date of purchase even though conveyance was given after expiry of one year from the date of sale of residential flat, and the mere fact that the major part of the consideration was paid after the expiry of one year would not disentitle the assessee from exemption under section 54. Accordingly, the order of the Commissioner was vacated. 12. A perusal of the aforesaid judgment particularly of the Hon'ble Andhra Pradesh High Court upholding the decision of the Tribunal and of the Hon'ble Supreme Court ....... + More
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1992 (12) TMI 230
... ... ... ... ..... s/attorneys particularly in case of non-resident clients combining the two roles is opposed to law and is required to be discontinued forthwith. (c) The Prothonotary and Senior Master, High Court shall not accept any vakalatnama in favour of a firm of advocates where one or the other partner of the same firm also holds a power of attorney from the plaintiff or the defendant or any other suitor before the Court in the same cause. 16. I cannot part with this proceedings without expressing my gratitude to the Bar Council of M....... + More
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1992 (12) TMI 229
... ... ... ... ..... these issues that the Company Petition No. 11 of 1983 is maintainable in spite of the pendency of the aforesaid suit and other legal proceedings pending in the lower courts. 76. However, in view of my finding on issue No. 3 which is fatal for the main tenability of C.P. No. 11 of 1983, I hold that there is no necessity to deal with the other issues in C.P. No. 11 of 1983. Issue No. 8 in C.P. No. 6 of 1983 77. In view of my finding on issue No. 3, I allow Company Petition No. 6 of 1983 with costs by passing a preliminary de....... + More
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1992 (12) TMI 228
... ... ... ... ..... e Succession Certificate expeditiously. The Prothonotary and Senior Master shall take adequate care for investment of the amounts in issue as the petitioner is a minor. The Prothonotary and Senior Master shall also address a letter to the Central Bank of India enquiring from the Central Bank of India as to what are other amounts like gratuity etc. which are lying to the credit of the deceased employee. If necessary, permission be granted to amend the schedule to the petition. 19. The Prothonatory and Senior Master shall en....... + More
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1992 (12) TMI 227
... ... ... ... ..... ot qualified on the date of application should be placed as junior to respondents who had applied earlier and were qualified. The order of the High Court, in my opinion, is manifestly unjust. Once the eligibility bar was lifted by the High Court, for whatever reason may be as said by it due to passage of time or because of erroneous application of Rule 37 of the Public Service Commission Rules, the appellants who were subjected to same interview as the respondents and were found better qualified and secured higher marks, c....... + More
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1992 (12) TMI 226
... ... ... ... ..... conomic life we will have inequality. In politics we will be recognizing the principle of one man, one vote and one vote, one value, In our social and economic life we shall, by reason of our social and economic structure, continue to deny the principle of one man, one value. How long shall we continue to life this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must re....... + More
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1992 (12) TMI 225
... ... ... ... ..... 11 Lakhs. If the sale could not drop from ₹ 8,86,473/- in the preceding year to ₹ 5 Lakhs in the year under consideration, how they could jump to 11 Lakhs. In my view the two factors mentioned by the learned Tribunal were insignificant in the circumstances of the present case in which the goods are being sold to a big manufacturer like M/s. Mohan Meakin Limited. Under the Sales Tax Act what is taxable is the sale and whether the purchase are verifiable and whether there is unexplained drop in the sale could be ....... + More
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1992 (12) TMI 224
... ... ... ... ..... icts with the principles of natural justice. 17. For the above reasons we are of the view that the learned judge in the High Court was in error in holding that the proceedings before the Enquiry Officer were vitiated as violative of the principles of natural justice and in setting aside the dismissal order. We are of the opinion that the Enquiry Officer was legally justified in refusing the workman's agent Talraja from participating in the domestic enquiry. The workman's action in withdrawing from the proceedings w....... + More
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1992 (12) TMI 223
... ... ... ... ..... r, wish to indicate that the High Court was not right in dismissing the review petition on the ground that in view of special leave petition having been filed against the judgment sought to be reviewed, the review petition was no longer maintainable because the judgment of the High Court would merge in the order of this Court. The question regarding merger of the judgment under review in the order of this Court would have arisen only after this Court had considered the special leave petition on merits and had passed an ord....... + More
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1992 (12) TMI 222
... ... ... ... ..... ugned order. They will be deemed to be holding the posts of Auditor throughout for purpose of their seniority and other benefits. 11. Coming to the case of P. Gangireddy, the appellant in the third appeal, as already stated above, he had initially been appointed as a Lower Division Clerk. By the impugned order he has been reverted from the post of Auditor to the post of Lower Division Clerk by way of punishment. As he had been appointed to the post of Lower Division Clerk from which post he was promoted to the post of Uppe....... + More
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1992 (12) TMI 221
... ... ... ... ..... e ITO to pass the assessment order never ceased, irrespective of the fact whether s. 144B was complied with or not. 19. The third case in which similar view has been taken is that of Prabhudayal Amichand vs. CIT (1989) 180 ITR 84(MP), wherein it was observed by the Madhya Pradesh High Court that the Tribunal rightly directed the ITO to pass a fresh order of penalty when the order levying penalty had been set aside on the ground that the ITO had not obtained the approval of the IAC prior to the levy of the penalty. The pres....... + More
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1992 (12) TMI 220
... ... ... ... ..... he return from the land to the owner thereof. In other words, it is graded on the basis of the rental which the land will fetch to the land owner. The rental will certainly differ from use to use to which the land is put as well as with the location of the land. The land in city or town like Ahmedabad and available for industrial use is bound to fetch more rental than the land put to the same use in a village. In fact, if irrespective of their locations, the lands are assessed at the same rate for the purposes of the land ....... + More