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1993 (2) TMI 346
... ... ... ... ..... sons, the product of agreement of share the profits of a business. 'Firm' is a collective noun a compendious expression to designate an entity, not a person. Likewise, in Munshi Ram v. Municipal Committee, the Court took the view that a firm of the partnership is not a legal entity separate and distinct from partners and is only compendious description of individuals who compose the firm. 23. In view of the above, the petitions as drawn, are incompetent having been filed in the name of firm which is neither natural....... + More
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1993 (2) TMI 345
... ... ... ... ..... shable under S. 120-B of the Indian Penal Code stands confirmed. 59. The acquittal of accused No. 1 in respect of the offence of criminal breach of trust by the trial Court is set aside. Accused No. 1 is convicted of the offence punishable under S. 406 of the Indian Penal Code and it is directed that he should undergo a sentence of rigorous imprisonment for two years and that he pay a fine in the sum of Rs. 70,00,000/- (Rupees Seventy Lacs only), in default, to undergo rigorous imprisonment for nine months. The substantive....... + More
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1993 (2) TMI 344
... ... ... ... ..... dhary (supra) has deprecated the practice of staying criminal trials and police investigations except in exceptional cases and the present case is certainly not one of these exceptional cases. 4. We are, therefore, of the opinion that the High Court was not justified in quashing the prosecution launched against the respondent for offences under Sections 420, 468, 471 and 120B, I.P.C. The judgment of the High Court cannot, thus be sustained. This appeal is consequently allowed and the judgment of the High Court is set aside....... + More
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1993 (2) TMI 343
... ... ... ... ..... einbefore with reference to the order of this Court and the report of the Receiver. Accordingly, we reject the apology tendered in para 3 of the further affidavit. 18. For the above reasons, we hold the second respondent guilty of Contempt of this Court. Having regard to the facts and circumstances of this case, we impose a sentence of one month's imprisonment in addition to a fine of Rs. 2,000/- upon the second respondent. The fine shall be paid into this Court within two weeks from today, in default thereof the secon....... + More
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1993 (2) TMI 342
... ... ... ... ..... 1st May, 1962 when the impugned proceedings were started only in the year 1985. Rule made absolute with no order as to costs. 21. At this stage the learned counsel for Respondent No. 1 submits that the Respondent No. 1 has already quantified the liability of the petitioners in pursuance of the impugned order and the petitioners should be required to deposit at least part of the amount with Respondent No. 1 as a condition of participation by the petitioner in the proceedings on remand. It is not possible to accept this subm....... + More
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1993 (2) TMI 341
... ... ... ... ..... ion 438, without first moving the Court of Session, to consider all the circumstances, and if the situation warrants, this Court can direct the party to move the Court of Session. Passing of such an order in consequence of exercise of discretion is different from insisting upon the party to move the Court of Session in the first instance as an inflexible rule of practice. The existing practice of the Registry in returning applications filed under Section 438 on the ground that the Court of Session is not moved in the first....... + More
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1993 (2) TMI 340
... ... ... ... ..... required to be pleaded in the plaint itself to give cause of action to the landlord to enable him to file a suit for eviction of the tenant on the ground of his bona fide personal requirement. The High Court was not right in going into the question of neglect by the tenant of the demanded arrears of rent. Once the arrears are admitted, it is implied that the tenant gave up the plea of tender. Surely the executing court could not be justified to permit the tenant to lead evidence of tender by him before the filing of the su....... + More
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1993 (2) TMI 339
... ... ... ... ..... discussed the matter with officers of the state Governments and met provisions representing different textile sectors. Apart from the reports received from the sub-committees, the representations received by the Government from various textile interests were duly considered by the Advisory Committee before making their recommendations. It is therefore, incorrect to say that proper opportunity was not provided to the petitioners for making representations. 69. It is important to note that in the Advisory Committee the repre....... + More
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1993 (2) TMI 338
... ... ... ... ..... and PW 4, the children of the deceased or of PW 1 and PW 2 who are also related to the deceased, by itself is not enough to discard their testimony and that the relationship or the partisan nature of the evidence only puts the Court on its guard to scrutinise the evidence more carefully, we find that in this case when the bona fides of the investigation has been successfully assailed, it would not be safe to rely upon the testimony of these witnesses either in the absence of strong corroborative evidence of a clinching nat....... + More
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1993 (2) TMI 337
... ... ... ... ..... petition under Section 111 of the Companies Act, 1956, in February, 1992. Inordinate delay has taken place in filing the petition and for which no adequate explanation has come forth from the petitioner. 10. Taking into consideration all the above facts, it is clear that the dispute relates to the question whether Mr. Hemant Bhutta or his wife has the right to act as natural guardian and Mr. Bhutta can seek his remedy against his wife in the appropriate court. As far as the record of the respondent-company is concerned, Mr....... + More
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1993 (2) TMI 336
... ... ... ... ..... ect I agree with the view of the High Court of Andhra Pradesh. 7. In as much as I have held that the property furnished by a third-party can be accepted as security, the next stage would be whether it would be sufficient enough to discharge the decree that may be passed, if the defendant fails to produce the property which is sought to be attached or value of the same. So, the matter has necessarily to be remitted back to the trial court and the trial court shall consider whether the property offered by the security is eno....... + More
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1993 (2) TMI 335
... ... ... ... ..... ducated businessmen who know where their interest lies. It is evident that when their applications were not disposed of before taking up the suit for final hearing they felt piqued and refused to appear before the court. May be, it was part of their delaying tactics as alleged by the plaintiff. May be not. But one thing is clear - they chose to non-cooperate with the court. Having adopted such a stand towards the Court, the defendant has no right to ask its indulgence. Putting the entire blame upon the advocate and trying ....... + More
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1993 (2) TMI 334
... ... ... ... ..... ons Industries Pvt. Ltd. or any of its assets. In that event, the company will also cease to have any interest in the defense Colony, New Delhi property which will become inclusive property of Narender Nath or his nominee. 24. I.A. Nos. 1490, 2921, 4602, 6157 of 1990, 1332, 1506, 6349, 6890, 6893, 7979, 8028, 8703 and 12012 of 1991 These applications were moved by the parties for purposes of interim directions while the matter was pending in court on consideration of the report of the valuers. Now, that the matter has been....... + More
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1993 (2) TMI 333
... ... ... ... ..... in the total population of 3.16,385 Sikkimese of Nepali origin were 2,24,481, i.e., about 70 . In these circumstances, it cannot be said that reservation of seat for Sikkimese of Nepali origin was required in order to protect their- rights and interests and in not making any provision for reservation of seats for Sikkimese of Nepali origin Parliament has failed to give effect to the provisions of clause Article 371-F of the Constitution. For the reasons above mentioned, these cases have to be partly allowed and it is decla....... + More
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1993 (2) TMI 332
... ... ... ... ..... actories could not be deemed to be agricultural produce is both against the statutory language and judicial interpretation of similar provisions of the Act in statutes of other States . In Bharat Trading v. State of U.P. Ors., Writ Petition (Civil) No. 9982 of 1983 decided on 31st March, 1992 it was held that 'raskat' is nothing more than an inferior quality of gur and the same was held as an agricultural produce within the meaning of Section 2(a) of the Act. Thus we hold that gur lauta or raskat and rab-galawat an....... + More
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1993 (2) TMI 331
... ... ... ... ..... filing the special leave petitions are, therefore, dismissed resulting in the dismissal of the special leave petitions as time barred. 6. The question now is of the effect of the dismissal of the special leave petitions on the tenability of Civil Appeal No. 244 of 1982. The facts stated above giving rise to this Civil Appeal clearly indicate that after dismissal of the special leave petitions resulting in finality of the common order dated 20-8-1980 relating to dismissal of Writ Petition Nos. 679 and 760 of 1974, correctne....... + More
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1993 (2) TMI 330
... ... ... ... ..... is the period of 12 years. After the expiry of that period, the rates are subject to revision with effect from the commencement of the next guaranteed period and the ceiling mentioned in the first proviso is applicable to such revision. In the instant case the first revision was from ₹ 9/- to ₹ 18/- which was within the ceiling and the second revision which was after about 9 years of first revision on account of demolition of the old structure and construction of new structure, was also very much within the cei....... + More
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1993 (2) TMI 329
... ... ... ... ..... dent Indian students shall be admitted on the basis of merit. But in view of the different backgrounds they come from it is for the management of the college concerned to judge the merit of these candidates, having regard to the relevant factors. The fees payable by such students shall be as may be prescribed by the Committee referred to in clause (6) of the Scheme The Non-Resident Indian students admitted against these 5 seats need not however take the entrance examination, if any prescribed for admission to that course. ....... + More
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1993 (2) TMI 328
... ... ... ... ..... ey actually did on 19.3.1973. They expressly claimed the benefit retrospectively from 15.11.1965. We are, therefore, unable to see how the Observations in Sindhu help the Management in this case. For the above reasons, we are of the opinion that the Division Bench was not right in holding that the Industrial Tribunal had no power to grant the relief claimed by the Workmen with effect from a date anterior to 19.3.1973 (the date on which the fresh demand was raised) notwithstanding the fact that the said demand specifically ....... + More
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1993 (2) TMI 327
... ... ... ... ..... on various items mentioned in the questions. The assessment year concerned is 1973-74 and today we are in the assessment year 1993-94. In other words, 20 years have passed since this assessment was framed by the ITO. Over this 20 years, the assessee would have got full depreciation on the items mentioned in the questions. In this view of the matter, issues raised In these questions are academic in nature and it would serve no purpose to anybody even if the decisions were to be given in favour of the assessee; in that event....... + More