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1993 (3) TMI 391
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... ... ..... (2) and 173(5) Cr.P.C. and it is taken on the file of the court and perused by the court for taking a decision under Section 190(1)(b) Cr.P.C. (4) That if the investigation is not completed either within 90 days of 60 days, as the case may be, and if the police report (charge-sheet) is not filed in complete form as mentioned supra within the stipulated periods, the accused shall have absolute right for being released on bail subject to their readiness for furnishing sureties; and (5) As the provisions of Section 167(2), have not been complied with in the instant cases, the petitioners in both the Criminal Petitions shall be released on bail on each of their furnishing personal bonds for the sum of Rs. 10,000/- (Rupees ten thousand only) with one surety each for Rs. 10,000/- (Rupees ten thousand only) to the satisfaction of the Judicial First Class Magistrate, Darsi, Prakasam District. 12. The Criminal petitions are allowed to the extent indicated above. 13. Petitions allowed.
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1993 (3) TMI 390
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... ... ..... discount factor, according to the first respondent discount rate for Us dollars alone was taken into consideration and not discount factor for French Franc for the reason that under clause 25.5 of the IB.bidders were to quote only in Us dollars. It was also pointed out that the supplies from Canada and U.K. would also stand converted in to Us dollars and the same discount rate was applicable. These are all matters which were. to be determined by the Empowered Committee and there is nothing arbitrary in applying the discount factor which had been applied in evaluating the bids. It was also pointed out that even if the discount factor, loading factor, and training grant are taken into account in the manner suggested by the petitioners the prices offered by it would still be higher than that of Raytheon. (75) In view of the reasons mentioned above we Find no merit in the writ petition. Accordingly, the writ petition must fail and is dismissed. There will be no order as to costs.
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1993 (3) TMI 389
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... ... ..... enshrined in Article 14 of the Constitution has been violated. The only object, as appears, is that the closed chapter may not be reopened. If a person has not acquiesced in the order impugned, or the Court has given a verdict upholding his dismissal, or the person has lost his right to approach the Court, in such events, the said decision would not be applicable and the prospectivity is considering these aspects that the controversies which have been buried, may not come out of the grave We do not agree with the reasoning of the High Court. This Court having specifically made the ratio in Mohd. Ramzan's case operative prospectively there was no scope for the High Court to have applied the same to the facts of the present case. 5. We, therefore, allow the appeal, set aside the judgment of the High Court to the extent indicated above and remand the case to the High Court for decision on the other two points which were raised before the High Court but not decided. No costs.
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1993 (3) TMI 388
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... ... ..... contention of Mr. Rao is mentioned to be rejected in view of Rule 6 of the Special Rules. Rule 6 of the Special Rules is in no way dependent on proviso to Rule 2 of the Special Rules. Both are to be operative independently. In the scheme of the rules the seniority rule is not dependent on the quota Rule. Quota has been provided for the direct recruits only against permanent posts. The seniority rule permits the counting of total period of service from the date a person is on duty against a post in the category. Even though, the petitioners were appointed substantively to the service earlier to respondents 4 to 16 but in view of Rule 6 they cannot be declared senior on the basis of continuous length of service against temporary as well as permanent posts respondents 4 to 16 have been rightly given seniority above the petitioners. We, therefore, find no force in any of the contentions raised by Mr. Rao. The writ petition is consequently dismissed. No costs. Petition dismissed.
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1993 (3) TMI 387
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... ... ..... aintainable and the calculations which are required to be made are clerical and arithmetical works in terms of the impugned Judgments. Some calculations have been presented before us by the learned counsel for the contesting defendants/respondents. Learned counsel for the appellant has seriously objected to these calculations. We think however, keeping in view the chequered history of this case, it is necessary to order for early calculation and completion of the work of the court so that if there is any benefit of the Judgment of the court, that must reach the successful party as early as possible. 60. While affirming the impugned Judgment, we modify the direction to the learned counsel for the contesting defendant/respondent to file a memo of calculation and direct the Master of the Court to complete the calculation and accordingly prepare the decree of the court. 61. The appeal is accordingly dismissed with costs. Hearing fee ₹ 5,000/- (one set). 62 Appeal dismissed.
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1993 (3) TMI 386
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... ... ..... could not give rise to an inference either in law or fact that the state was guilty of fraud. Suffice it to say that it was complete misapprehension under which the accused was labouring and it was indeed unfortunate that the High Court not only entertained such application but adopted a course which amounted to reviewing and setting aside orders of his predecessor without sufficient material and accept the claim that all earlier judgments were, liable to be ignored under Section 44 of the Evidence Act as the proceedings were vitiated by fraud. We are constrained to say that the learned Judge not only committed an error of procedure but misapplied the law. In the result, this appeal succeeds and is allowed. The order dated 14th October 1991 in Criminal Miscellaneous Application No. 2260 of 1991 is set aside and the application of the accused for declaring the order dated 24/27th February 1990 framing the charges against him as vitiated by fraud, is dismissed. Appeal allowed.
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1993 (3) TMI 385
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... ... ..... the bail application shall transmit it to the C.J.M. Tehri Garhwal. It is further made clear that in case the applicant does not surrender within one month the facility of surrendering and applying for bail at Dehradun shall be treated as withdrawn. (b)The process issued under Sections 82, 83, Cr.P.C. against the applicant is quashed and the property shall be released forthwith. (c)The notice issued to Sri Naresh Jain, C.J.M. Tehri Garhwal for initiating proceedings of Contempt of Court is vacated. (d)The stay order dated 13-1-1993 shall continue to operate for one month only to enable the applicant to surrender. (e)The Registrar shall send a copy of this Order to all the Chief Judicial Magistrates within one week from today for their guidance in taking action under Sections 82, 83 of the Code. The Chief Judicial Magistrates shall make the subordinate Magistrates aware of this decision without any delay. (f) The applicant shall be supplied a copy of this order within 3 days.
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1993 (3) TMI 384
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... ... ..... ourt, it held that the subsequent order of summoning the accused appellants was not an interlocutory order and, therefore. was amenable to the revisional jurisdiction of the High Court. But it specifically ruled that otherwise a harmonious construction of Sections 397 and 482 of the Code would lead to the irresistible conclusion that where a particular order is expressly barred under Section 397(2) and cannot be the subject of revision by the High Court, then to such a case the provisions of Section 482 would not apply. It further held that it was well settled that the inherent powers of the Court can ordinarily be exercised when there is no express provision on the subject matter. In the case of Madhu Limaye Vs. The State of Maharashtra 1978 CriLJ 165, (2) the Supreme Court held that in case the impugned order brings about a situation which is an abuse of the process of the Court or for the purpose of securing the ends of justice interference by the High Court is absolutely.
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1993 (3) TMI 383
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... ... ..... be sold on an as is where it basis; (f) The said sale notice shall be published between a period 12 weeks from date hereof and 14 weeks from date hereof fixing a date which will be the Friday next after expiry of 17 weeks from date hereof as the date for sale; (g) Hyam Joseph Hallen and any others interested are permitted to bid at the said subsequent sale in accordance with the sale notice after enclosing 10% of the bid by way of banker's cheque as is usual. (h) Expenses for the discharge of the Officical Liquidator's duties mentioned above would come out of the funds in his hands and he would be entitled to draw upon reserve funds in that regard also, if necessary. Stay of ‘ of this order and judgment is prayed for by Mr. P.K Das but the same is refused. 62. There will be no order as to costs. All parties, the Official Liquidator, the police authorities and others concerned to act on a signed copy of this judgment and order on the usual undertaking. 63. S.K.G
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1993 (3) TMI 382
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... ... ..... Interlocutory Application No. 2 of 1992 in Writ Petition (civil) No. 1201 of 1986. As regards arrears from 1.1.86 the Chief Justice shall pass appropriate orders. 24. It has been mentioned in the Report submitted by the Committee of Judges that in view of the constraints of the interim orders passed by this Court from time to time the Committee has recommended that the Chief Justice of India can make Rules under Article 146 of the Constitution of India if the limitations of the interim orders are lifted by the Court on the judicial side. We consider the appositeness of such recommendation made by the Committee. We therefore, make it clear that the Chief Justice of India is free to make Rules in exercise of powers under Article 146 of the Constitution of India without any constraint and irrespective of any interim orders passed on 25.7.1986, 14.8.1986, 14.11.1986 and 15.1.1987. 25. With the above observations we dispose of all the interlocutory applications as mentioned above.
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1993 (3) TMI 381
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... ... ..... ration amounting to about 15 per cent of the cost of SKODA Generator was for the purpose of better industrial development and if this is considered in proper perspective, it certainly amounts to reimbursement of the capital cost of SKODA Generator to the extent of 15 per cent." 9. From the orders as extracted from the records. It would be evident that the mistake sought to be rectified in this case cannot be held to be a mistake apparent from the record. Whether the subsidy received on generator could be taxed as profit under section 41(1) of the Act or whether such subsidy should be deducted in computing the depreciation is a debatable issue which cannot be decided in a proceeding under section 154. We are, therefore, of the view that the Tribunal came to a correct conclusion on the facts of this case. The question, in this reference, is therefore, answered in the affirmative and in favour of the assessee. 10. There will be no order as to costs. Chowdhury, J. - I agree.
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1993 (3) TMI 380
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... ... ..... and under the Act get 'crystallised and extinguish his right to hold any vacant land in excess of the ceiling limit. The proceedings for determining the vacant land in excess of the ceiling limit according to the machinery provisions in the Act is merely for quantification, and to effectuate the rights and liabilities which have crystallised at the time of commencement of the Act. The contrary view taken on the construction made of these provisions by the High Court cannot, therefore, be accepted. On the above conclution, there is no dispute that the order made by the District Judge has to be restored. Consequently, the impugned orders made by the High Court in the two writ petitions before it are set aside and the order dated 12.2.1980 passed by the District Judge determing the area of 6738.23 sq. mts. only as the vacant land in excess of the ceiling limit is restored. The appeals are, accordingly, allowed in this manner, to this extent. No costs. N.P.V. Appeals allowed.
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1993 (3) TMI 379
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... ... ..... etired in the meantime. It is not against the basic judgment. Order 47 Rule 7 of CPC bars an appeal against the order of the court rejecting the review. On this basis, we reject the appeal. No costs. 2. No orders are necessary in view of the rejection of the appeal.
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1993 (3) TMI 378
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... ... ..... s applies for continuation of the stay granted by this Court at the stage of admission of the petitioners for a reasonable time in order to enable the petitioners to consider their position and file an appeal under clause 15 of the Letters Patent or move the Hon'ble Supreme Court, The learned counsel for the State opposes the prayer. In view of the mandate of Article 47 of the Constitution and in view of the legal position having already been settled by the decisions of the Supreme Court, as discussed above, I see no reason to grant stay or continue the stay granted by this Court at the stage of admission of the petitions. The Court cannot grant stay of enforcement of law at this stage. Having given my anxious consideration to the rival contentions urged on this aspect, I have reached the conclusion that the case is not a fit one for grant of stay. I shall try my best to make an ordinary copy of the judgment available to the parties within few days. 37. Order accordingly.
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1993 (3) TMI 377
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... ... ..... Court against which this appeal is filed need not be refunded till the final disposal of the appeal. If the petitioners fail in the appeal and the Supreme Court so directs the amount shall be refunded with interest at 12% per annum, within 90 days from the date of the order of the Supreme Court. In other respects no stay." 8. The fact that the operability of the judgment of the High Court has been divided, would cast no reflection on the order of refund for both the respective periods. The claim of the market committee, as presently set up, his no basis. If and when any demand is made under the amended provisions that would be an effort de novo. Presently, the refund has to be made with interest at the rate fixed by this Court while granting special leave. Those orders would have to be worked out in the true spirit and effect. The refund is ordered to be made accordingly. The appeal is partially allowed to the extent afore-indicated. Parties shall bear their own costs.
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1993 (3) TMI 376
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... ... ..... modvat credit is to be extended to the inputs used in the manufacture of the final products i.e. oil seals, if otherwise found eligible, from the records of the appellants which have been relied upon by the Department for computation of duty, following the ratio of the Tribunal's order in the case of Haryana State Electricity Board v. Collector of Central Excise . 7. To sum up, our findings are as follows 1) The benefit of exemption in terms of para 7 of Notification 175/86 as amended by Notification 223/87 is not available to the oil seals manufactured by the appellants. 2) The demand of duty is to be restricted to a period of six months prior to the issue of the show cause notices. 3) Cum-duty price forms the basis for computation of duty. 4) Modvat credit on inputs used in manufacture of oil seals is to be extended, if otherwise due. 5) Confiscation of goods with option to redeem is upheld. 6) Penalties are set aside. 8. The appeals are disposed of in the above terms.
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1993 (3) TMI 375
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... ... ..... ign to the proper function of a proviso to read it as providing something by way of an addendum or dealing with a subject which is foreign to the main enactment." (CIT v. Indo Mercantile Bank Ltd. 1959 36 ITR 1 ; AIR 1959 SC 713, 717) I am, therefore, convinced that the entire Section 113 applies to the certificates and not to letters of allotment. In view of the above, the petition is not maintainable under Section 113(1). Consequently, the company is not entitled to any relief under this section. I, therefore, dismiss this petition as not maintainable. 10. The miscellaneous application for enlargement of time in making the petition also stands disposed of. 11. I am conscious of the fact that the above interpretation may go against the objective of the section, viz., protection to investors. However, since an alternative remedy of "appeal" against delay in registration of transfer is available under the Act, the investor is not totally deprived of any remedy.
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1993 (3) TMI 374
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... ... ..... taining or conserving the ecological balance in the area. In the above circumstances, we have no hesitation in accepting the contention of the learned counsel for the respondent that the new policy in so far as it prohibits export of finished goods which are ready for export is Unreasonable and arbitrary and it has no nexus whatever with the proclaimed object of the new policy. Therefore, the learned Judge is quite right in issuing a writ of mandamus directing the appellants to issue a licence for the export of the goods to the value of US Dollars 75,000/- against the Letter of Credit No. 41-2432445-031. 18. For all the reasons stated above, we cannot take exception to the view taken by the learned single Judge and we see no infirmity in the order of the learned single Judge warranting interference at our hands in this writ appeal. There is no merit in the writ appeal and it is liable to be dismissed. Accordingly, the writ appeal is dismissed. No costs. 19. Appeal dismissed.
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1993 (3) TMI 373
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... ... ..... ke arrangement for hiring godowns to replace the storing agents in phases keeping in view the distribution of the foodgrains arriving from Northern India. It was also part of the decision that storing agents godowns in the Calcutta Complex were to continue for sometime for maintaining the supply line. It was, therefore, in the nature of the policy decision that the agreements with the storage agents were to be revoked in phased manner. 9. It is not disputed that with effect from September 30, 1985 the West Bengal Government has taken over the public distribution system in the State of West Bengal. The State of West Bengal has taken over the godowns from the FCI and is operating the same. There is thus no scope for operating the private storage agencies in the State of West Bengal. 10. We, therefore, allow the appeal, set aside the judgment of the High Court and dismiss the Writ petition filed by respondent- Jagannath Dutta with costs. We quantify the costs as ₹ 10,000.
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1993 (3) TMI 372
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... ... ..... out on trial on evidence the disclaimer in favour of the landlord would not take effect. We do not disturb this finding. It is submitted that the matter is already pending before the Court of first instance as trial on evidence. In that view of the matter the Court of first instance may proceed with the trial on evidence and dispose of the same as early as possible. 19. We affirm the judgment and order under appeal in its entirety. 20. This appeal is dismissed. Interim orders, if any, are vacated. The appellant is to pay the costs of this appeal. 21. Counsel for the appellant prays for stay of the operation of this judgment and order. In view of the directions contained in the order under appeal as to the effect of the disclaimer order in favour of the landlord, we refuse this prayer for stay made by the appellant. 22. All parties are to act on a signed copy of the operative portion of this judgment on the usual undertaking. S. Banerjee J. 23. I agree. 24. Appeal dismissed.
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