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1995 (12) TMI 425
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... ... ..... SWAMI, JJ. ORDER Appeal dismissed.
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1995 (12) TMI 424
... ... ... ... ..... of sale (Ex.55) dated June 29, 1969 was executed. The fact that it was not pleaded nor did it find mention in Ex. 55, would amount to fabrication of record to buttress the cause. The Court would look into the conduct of the parties, the respective interests had under the contract and attending facts and circumstances. It would thus be clear that the statutory rights of part performance under Section 53-A cannot be used for the declaration sought in the suit. In view of these findings it is unnecessary to go into the questi....... + More
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1995 (12) TMI 423
... ... ... ... ..... ve Supply and Marketing Federation Ltd., AIR1982Delhi357 , Hariprashad and Co. Ltd. v. Sudarshan Steel Rolling Mills 1980 50 Comp Cas 709; V. K. Constructions Works Ltd. v. Bank of Rajasthan 1992 DRJ 23 and Punj Sons (P.) Ltd. v. Hong Kong and Shanghai Bank Corporation 1991 DRJ 20. But all these cases are not applicable on all fours to the facts before me. Similarly, in view of the above-quoted decisions of the apex court, it is not necessary to discuss them in detail. 19. Therefore, in the above circumstances, the plainti....... + More
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1995 (12) TMI 422
... ... ... ... ..... sential not only for maintaining decency and propriety in the election campaign but also for the preservation of the proper and time honoured values forming part of our cultural heritage and for a free and fair poll in a secular democracy. The offending speeches in the present case discarded the cherished values of our rich cultural heritage and tended to erode the secular polity. We say this, with the fervent hope that our observation has some chastening effect in the future election campaigns. 64. For the aforesaid reaso....... + More
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1995 (12) TMI 421
... ... ... ... ..... es compensation for the acquired land at the prices prevailing as on the date of publishing Section 4(1) notification, to be quantified at later stages of proceedings. For dispensation or dislocation interest is payable under Sections 23(1-A) as additional amount and interest under Sections 31 and 28 of the Act to recompensate the loss of right to enjoyment of the property from the date of notification under Section 23(1-A) and from the date of possession till compensation is deposited. It would thus be clear that the plea....... + More
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1995 (12) TMI 420
... ... ... ... ..... and circumstances of the present case in which there is a serious allegation that Bodhisattwa Gautam had married Subhra Chakraborty before the God he worshiped by putting Vermilion on her forehead and accepting her as his wife and also having impregnated her twice resulting in abortion on both the occasions, we, on being prima-facie satisfied, dispose of this matter by providing that Bodhisattwa Gautam shall pay to Subhra Chakraborty a sum of Rs. 1,000 every month as interim compensation during the pendency of Criminal Cas....... + More
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1995 (12) TMI 419
... ... ... ... ..... does not state what is the period of the delay. The civil appeal is dismissed both on the ground of delay as well as on merits.
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1995 (12) TMI 418
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... ... ..... , JJ. ORDER Appeal dismissed as withdrawn.
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1995 (12) TMI 417
... ... ... ... ..... s under 86 Registering officer not liable for thing bona fide done or refused in his official capacity. - No registering officer shall be liable to any suit, claim or demand by reason of any thing in good faith done or refused in his official capacity. 45. This Section provides complete protection to the Registering Officer for things done bona fide by him under the Act. It is obvious that action which is not bona fide or which is malicious will not be protected. 46. These provisions were not noticed by this Court in Luckn....... + More
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1995 (12) TMI 416
... ... ... ... ..... made progress or the chargesheet is submitted. It should be realised that an order of anticipatory bail could even be obtained in cases of serious nature as for example murder and, therefore, it is essential that the duration of that order should be limited and ordinarily the Court granting anticipatory bail should not substitute itself for the original Court which is expected to deal with the offence. It is that Court which has then to consider whether, having regard to the material placed before it, the accused person is....... + More
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1995 (12) TMI 415
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... ... ..... wami, JJ. ORDER Appeal dismissed.
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1995 (12) TMI 414
... ... ... ... ..... ₹ 5000/- for offence under Section 138 of the Negotiable Instruments Act. 9. For the aforesaid reasons the appeal is allowed and the order of acquittal is set aside. C. C. 241/89 before Judicial First C1ass Magistrate, Kannur is sent back to the Magistrate for fresh consideration in the light of the observations contained in this judgment. The Magistrate shall give sufficient opportunity to complainant to summon the Bank Manager for proving that the cheque was returned dishonoured for insufficiency of funds. After ex....... + More
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1995 (12) TMI 413
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... ... ..... swami, JJ. ORDER Appeal dismissed.
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1995 (12) TMI 412
... ... ... ... ..... and social and economic justice assured in the Preamble to the Constitution of India and Articles 38 and 46 to minimise inequalities in income and status. The State distributes under Article 39(b), its material resources to subserve the said purpose. Having obtained the grant or permission, appellants cannot convert the land into non-agricultural use as well as for building houses, The sale of Government land for nominal amount was for the avowed constitutional purposes. After the conversion, sale of the lands for building....... + More
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1995 (12) TMI 411
... ... ... ... ..... the assessee cannot be allowed to challenge such concluded findings collaterally in an appeal filed against the fresh order passed by the ITO with a view to giving effect to the same. 11. In our opinion, though appeal is maintainable from the order passed by the ITO to give effect to a revisional order or an appellate order, only such issues can be agitated in such appeal which have not attained finality by virtue of earlier orders of the revisional or appellate authorities. It is not open in such an appeal to agitate any ....... + More
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1995 (12) TMI 410
... ... ... ... ..... Co. had stated that all items/goods were assembled at BSP and finally assembled into Hydraulic drilling machine and mudguns or part thereof (identifiable machinery) and thereafter these were installed/erected at Blast furnace at Bhilai) refer page 97 of the paper book. Again at page 100 of the paper book, Shri N. Balachandran, Representative of the appellant company had admitted that the various items/goods were assembled at Bhilai and finally assembled into Hydraulic drilling machines and mudguns or parts thereof (identif....... + More
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1995 (12) TMI 409
... ... ... ... ..... case at hand was wrongly decided. 6. The second question is whether as a fact, reference has been ordered by the Government. It is seen that on the earlier occasion admittedly reference was rejected on the ground that the appellant had settled the matter with the employer. In the second application, the Minister made a note directing reference, but in the order communicated later to the appellant by the Labour Department, it was indicated that in view of the decision already taken, the Government did not consider it necess....... + More
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1995 (12) TMI 408
... ... ... ... ..... visions under Article 311 of the Constitution. Recently, in SLP C No.11659/92 the matter had come up before this Court on November 13, 1995, where the validity of pari materia provision was questioned. This Court upheld the validity stating that the above clause will operate prospectively. A contention has been raised by Mr. Krishnamani that in Tulsi Ram Patel's case supra this Court had upheld the validity of the Rule subject to the principle of natural justice. It is needless to mention that the principle of natural ....... + More
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1995 (12) TMI 407
... ... ... ... ..... lief to these owners/licencees. After their writ petitions were dismissed, they were to bear the liability from the date of the enforcement of the notification as held by this Court. It is, therefore, necessary that from the date on which the respective owners of the theaters or the licencees, who had filed the writ petition in the High Court, are made liable to deposit their share of contribution towards provident fund account under the scheme. We are issuing the order under Article 142 of the Constitution. The order of t....... + More
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1995 (12) TMI 406
... ... ... ... ..... he impugned judgment. This discussion is sufficient to set aside the only remaining finding against the appellant. From the above discussion, it follows that the findings on all points against the appellant, of the corrupt practices held to be proved against the appellant, have to be set aside, and so also the impugned judgment dated 5th/6th August, 1991, resulting in dismissal of the election petition. The notices issued by the High Court under Section 99 of the R.P. Act to Chhagan Bhujbal, Bal Thackeray, Pramod Mahajan, ....... + More