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Showing 1 to 20 of 220 Records
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1995 (10) TMI 249
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... ... ..... tions of the tenancy, the tenant is bound to make any repairs, but fails to do so, the Controller shall, on application made to him in this behalf by the landlord of the premises, cause a notice to be served in the prescribed manner on the tenant requiring him to make such repairs within the time specified in the notice. If, after the service of the notice, the tenant fails to show proper cause or neglects to make such repairs within the time specified in the notice or allowed by the Controller, the landlord will be entitled, notwithstanding anything contained in this Act or in any contract, to sue the tenant for recovery of possession of the premises and such cost of such repairs as may be assessed by the Court. 44. This sub-section has overriding effect over contracts as well, unlike Section 13 of the Act. the effect of above discussion is that the appellants cannot claim tenancy right. Accordingly the civil appeal is dismissed. However, there shall be no order as to costs.
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1995 (10) TMI 248
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... ... ..... ld their case on the evil of Clause (e) of Bye-law 7 and any attempt herein, in the absence of the views of the High Court, would negate proper handling. We would therefore leave the matter at that. This course is all the more necessary when there is an amendment in Clause (a) of Bye-law 7 effective from 19-2-1.971 whereunder a name-boards remains as such displayable by the traders on their own premises provided they do not add any item of advertisement thereto other than the name of the trade that may be carried out at the premises. But, as said before, we are concerned with the period prior to that requiring us not to give a positive opinion. 9. For the foregoing reasons we are of the considered view that the judgment and order of the Latter Patent Bench deserves to be set aside. We accordingly allow this appeal, set aside the same dismissing the civil writ petition of respondents 1 to 3, upholding the demand of advertisement tax. Parties to bear their own costs throughout.
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1995 (10) TMI 247
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... ... ..... e to search for the alternative premises. In my opinion, the ends of justice will be served if the petitioner is granted sufficient time to vacate the premises. Accordingly, the petitioner is granted time to vacate till the end of April, 1996 subject to filing his written undertaking in this Court within two weeks from today that the petitioner and his family members are in exclusive possession and no one else is in possession; that he will not create any third party interest or part with possession of the suit premises till the vacant possession thereof is handed over to the landlord; that he will deliver the vacant and peaceful possession to the landlord on or before April 30, 1996; that he will pay all the arrears as per the order of the Competent Authority within four weeks from today and he will go on paying compensation as per the rate fixed by the Competent Authority. 8. Civil revision application is disposed of accordingly. No order as to costs. 9. Revision dismissed.
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1995 (10) TMI 246
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... ... ..... that prescribed percentage. It is submitted that this was never the intention of the Constitution or the rule of reservation. 54. The only contention urged by the appellants herein is concluded against the appellants by the decision of this Court in R.K. Sabharwal, referred to hereinbefore. Following the said decision this appeal is dismissed with the clarification that the members of Scheduled Castes/Scheduled Tribes can also compete as general candidates. The appellant shall follow and apply the said decision. No costs. Before parting with these appeals, we feel obliged to reiterate the principle affirmed in Indra Sawhney that providing reservation in promotion is not warranted by Article 16(4). The facts of these cases illustrate and demonstrate the correctness of the said holding. They also bring home the intractable problems that arise from such provision - problems that defy solutions. No more need we say on this aspect. The decision in Indra Sawhney speaks for itself.
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1995 (10) TMI 245
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... ... ..... word ‘by’ to be read as ‘before’. Eastaugh and others vs. Macpherson, 1954 3 All E.R. 214 supports the view we have taken that the meaning of the word ‘by’ in the phrase ‘by’ the date’ can mean ‘on or before the date’ or ‘before the date’ depending on the context in which the word ‘by’ has been used and the meaning to be preferred should be that which it has in the given context. We have indicated that in the context of the provision made in sub-section (7) of Section 41-A meaning of the word ‘by’ must be ‘before’ and not ‘on’ in order to harmonise with the meaning of the earlier part of subsection (7) and to promote the object of its enactment. The High Court’s conclusion that the arbitrator in the present case had no jurisdiction on 26.3.1983 to make the award does not suffer from any infirmity. Consequently, the appeal fails and is dismissed.
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1995 (10) TMI 244
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... ... ..... fore, and the entire relevant proposition of law set out above, this Court has no hesitation in finding that the present appeal by the original defendants Nos. 1, 2, 7 and 8 is, totally, meritless and is required to be dismissed with full costs at the threshold. Since we found no merits in the present appeal it was not thought expedient to issue notices to respondents Nos. 2 to 5. 43. However, a parting thought may be necessary. Though the appeal is found merit-less, there are certain objectionable irregularities on the part of the concerned officers of the plaintiff Bank. Confirmation and affirmation of the impugned judgment and appeal in this Court, this appeal should not be construed a hinderance or hurdle in taking appropriate departmental action against the erring officers of the bank if so desired by the Management of the Bank. We think that it is necessary to place it on record. 44. With these observations the appeal is dismissed at the admission stage with full costs.
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1995 (10) TMI 243
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... ... ..... nd restraint expected form everyone discharging judicial functions. Use of intemperate language or making disparaging remarks against any one unless that be the requirement for deciding the case, is inconsistent with judicial behavior. Written words in judicial orders form permanent record which make it even more necessary to practise self-restraint in exercise of judicial power while making written orders. It is helpful to recall this facet to remind ourselves and avoid pitfalls arising even from provocation at times. The Division Bench of the Tribunal overlooked this aspect and misread the documents in the record including the High Court's judgment to make disparaging remarks against the appellant as Chairman of the Tribunal based on a non- existing foundation. All the disparaging remarks in the impugned order against the appellant are, therefore, expunged. This being the limited scope of this appeal, nothing else needs consideration. The appeal is allowed, accordingly.
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1995 (10) TMI 242
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... ... ..... , Dr. Ashok Kumar Kohli has taken the stand that the select list had not lapsed while the Government's stand is that the list stood lapsed with the expiry of one year. Since the writ petition is pending, we are not expressing any opinion on merits. Suffice it to say that since the controversy is yet to be decided, perhaps the High Court may not be justified in calling upon the Government to implement the interim direction. In other words, it would amount to over reaching the main relief which ultimately may or may not be passed in the writ petition. The aforesaid directions stand set aside and the second direction not to make any appointment to a post of Lecturer in Opthomology Department in any of the medical colleges pending disposal, stands confirmed. The High Court is requested to dispose of the writ petition as expeditiously as possible preferably within a period of six weeks from the date of the receipt of this order. The appeal is accordingly disposed of. No costs.
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1995 (10) TMI 241
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... ... ..... ornan, JJ. ORDER Appeal dismissed.
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1995 (10) TMI 240
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... ... ..... at where a question of law arising in a second appeal was referred by a single Judge to a Division Bench, the Division Bench ought to have sent the matter back to learned single Judge, after deciding the question of law referred and it could not proceed to dispose it of on merit. 89. In view of what has been stated above, I am clearly of the opinion that the decisions given by Hon'ble Om Prakash, J. and Hon'ble R. R, K. Trivedi, J. on the question of competence of the State Legislature to enact U.P. Sheera Niyantran Adhiniyam (Act No. 24 of 1964) were merely in the nature of opinion and the point of difference was rightly referred in accordance with Chapter VIII, Rule 3 of H. C. Rules. This Full Bench can only hear and decide the question which has been referred and other points on which there is unanimity of opinion between the two Hon'ble Judges are, therefore, not open to challenge. V. N. Khare, J. 90. I agree. S. R. Alam, J. 91. I agree. 92. Order accordingly.
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1995 (10) TMI 239
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... ... ..... m part of his Performance Appraisal Report. 20. Before we part with this case, we must say that this is a sad finale to the episode. In order to secure the revival and rehabilitation of a large industrial undertaking, the closure of which was not only a notional loss but had also rendered about 10,000 workmen jobless, this Court adopted the unprecedented course of assuming direct control over the functioning of the undertaking. 21. The writ petitions are disposed of accordingly with no order as to costs. 22. A copy of this order shall be sent to the Registrar Patna High Court for being placed before the Company Judge dealing with Company Petition No. 3 of 1984. In addition, the following papers be sent with the order (a) copies of the orders passed by the Court in the writ petition. (b) copy of the reports of the BIFR dated April 22, 1988 and May 22, 1995 and the Annexure thereto. (c) copy of the report of the Claims Committee and the objections filed against the said report.
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1995 (10) TMI 238
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... ... ..... h necessary for Judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect; that is, respect by the judiciary. Respect to those who come before the Court as well to other co-ordinate branches of the State, the Executive and Legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge nor for the judicial process." 8. In view of the above, I am of the view that the remarks made in this case against the counsel required to be expunged. 9. It be further seen that the Court below has been influenced to the conduct of the counsel. The appellate Court, therefore, would reconsider the matter without being influenced by the conduct of the counsel. Let a fresh order be passed. Order, dated July 7, 1995, is being set aside. This petition is disposed of accordingly.
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1995 (10) TMI 237
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... ... ..... rage charges is ₹ 18,000 and this cannot be considered as the matter is already pending and is sub judice before the competent Civil Court. The Consumer Protection Act is not in derogation of any other law. In that view of the matter, the National Consumer Disputes Redressal Commission, in the impugned order, was not justified in directing to hand over possession of the car to the respondent. 3. The appeal is accordingly allowed and the order of the National Forum in First Appeal No. 239/1991 dated February 18, 1993 in so far as the Garage charges are concerned is set aside. No costs.
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1995 (10) TMI 236
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... ... ..... rging the documents and manipulating the receipt may be with a view to escape the consequence of penalty etc. leaves no manner of doubt that the assessee had made a deliberate false representation and had acted in contravention of law with ulterior purpose. In these circumstances, the Sales Tax Tribunal was fully justified in upholding that impugned order of penalty. 10. The plea that the penalty was imposed in violation of the principles of natural justice and without affording any adequate opportunity has also no substance inasmuch as, the assessee was given not only a due opportunity to have its say in the matter by filing a written reply, but was also given an oral hearing, before the order of penalty was passed. There was no violation of the principles of natural justice and to the same effect are the findings of the Sales Tax Tribunal. 11. For what has been stated above, the revision is devoid of merit and is, accordingly, rejected. There shall be no order as to costs.
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1995 (10) TMI 235
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... ... ..... ter Brewery Co. Ltd. 1899 AC 83 (supra) and Saville Perfumery Ld 58 RPC 147 (supra). 19. An injunction to prevent the use of the word 'Kirloskar' as part of the corporate names of the 1st appellant in each appeal can be granted even at the interlocutory stage. Similar view has been taken in the case of British Bata Shoe Co. Ltd. v. Czechoslovak Bata Co. Ltd. 64 RPC 72 (supra), and in the case of Sheraton Corporation of America v. Sheraton Motels Ltd. 1964 RPC 202 (supra) and also by this Court in the case of Poddar Tyres Ltd. v. Bedrock Sales Corporation Ltd. AIR1993Bom237 (supra). In the result, the order of the learned Judge granting interim injunction is upheld and each of the appeals of the appellants is dismissed with costs. The learned counsel for the appellants applies for stay of the operation of the order. In the facts and circumstances mentioned in the judgment, the application for slay is refused. Issuance of certified copy is expedited. Order accordingly.
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1995 (10) TMI 234
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... ... ..... lation of its policies. The Court will not direct the statutory authority to exercise the discretion in a particular manner not expressly required by law. The Court can only command the statutory authority by a Writ of Mandamus to perform its duty by exercising the discretion according to law. This was also the view expressed by the Court in U.P. State Road Transport Corporation and Anr. v. Mohd. Ismail and Ors. (1991)IILLJ332SC . In the present case we find that there is no judicial or quasi-judicial duty or any obligation imposed on the Government to equate the library staff with the leaching staff, on the basis of which the enforcement thereof could be claimed by the appellants. In such a situation it cannot be said that the Government did not act fairly or acted malafide so as to call for any interference by this Court invoking the power of Judicial review. 8. For the reasons staled above we find no merit in this appeal. It is accordingly dismissed. No order as to costs.
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1995 (10) TMI 233
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... ... ..... ded finally by a competent Court or Tribunal, though of limited or special jurisdiction, will operate as res judicata in a subsequent suit or proceeding, notwithstanding the fact that such Court of limited or special jurisdiction was not a competent Court to try the subsequent suit. o p /o p 18. We are, therefore, of the opinion that the Division Bench of the Punjab and Haryana High Court was not right in allowing the Letters Patent Appeal and holding that the Civil Court had the jurisdiction to consider whether possession of the land by the respondent was lawful or not in view of the compromise and voluntary surrender and that the order passed by the Collector in that behalf was not binding on the Civil Court. We allow this appeal, set aside the order passed by the Punjab and Haryana High Court in L.P.A. No. 366 of 1969 and restore the order passed by the learned Single Judge in R.S.A. No. 1496 of 1965. The respondent shall pay the cost of the appellant throughout. o p /o p
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1995 (10) TMI 232
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... ... ..... rpal, JJ. ORDER Appeal dismissed.
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1995 (10) TMI 231
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... ... ..... the prospectus for enlisting the shares. This is the plain meaning of sub- section (1A) of Section 73. In short, unless permission is granted by each or everyone of all the stock exchanges named in the prospectus for listing of shares to which application is made by the company, the consequence is to render the entire allotment void. In other words, if the permission has not been granted by any one of the several stock exchanges named in the prospectus for listing of shares the consequence by virtue of sub-section (1A) of Section 73 is to render the entire allotment void and the grant of permission by one of them is inconsequential. This construction also promotes the object of insertion of under section 73 by amendment of the law made to overcome the effect of the decision of this court in Allied International Products Ltd. The contention of Shri Nariman, learned counsel for the appellants is, therefore, untenable. Consequently, the appeal fails and is dismissed. No costs.
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1995 (10) TMI 229
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... ... ..... s no indication of a different legislative intent". Thus, it is essential for application of the ejusdem generis rule that enumerated things before the general words must constitute a category or a genus. It was, therefore, pointed out by Lord Simonds in Russel vs. Scott (1948 2 AII.E.R. 1 (HL)) that "indeed if a collection of items is heterogeneous, it almost seems a conflict in words to say that they belong to the same genus". While interpreting the definitions of "Local Authority" contained in the aforesaid two Acts, namely, the General Clauses Act and the Haryana Housing Board Act, 1971, we invoked the rule of ejusdem generis but this rule cannot be applied to article 12 the definition of "State" in this Article includes several bodies which are heterogeneous in character and, there is no genus in the definition. For the reasons stated above, we find no merit in these appeals which are hereby dismissed but without any order as to costs.
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