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1995 (4) TMI 321
... ... ... ... ..... and intimation that it was being deposited towards principal it was for the decree- holder to appropriate it towards the dues. That is what was laid down in Meghraj case (supra). 4. There is yet another reason for setting aside the order of the High Court. Once the appeal was decided and it was held that the amount awarded under the amended Act, 1984 did not suffer from any error of law except the amount under Section 23 (1-A), the parties were relegated to the same position as they were on the date when the interim order ....... + More
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1995 (4) TMI 320
... ... ... ... ..... alid for non-compliance of Section 7(2) of the Act. (ii) The compulsory contribution amounts to denial of minimum wages. (iii) The amendment is impracticable and unworkable. (iv) The amendment is ultra vires the Act and Article 14 and Article 19(1)(g) of the Constitution. 3. By a detailed and well reasoned judgment, the High Court has rejected all the four contentions noted above. We see no ground to interfere with the impugned judgment of the High Court. We agree with the reasoning and the consequences reached by the High....... + More
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1995 (4) TMI 319
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... ... ..... RA REDDY, JJ. ORDER Appeal dismissed
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1995 (4) TMI 318
... ... ... ... ..... amount to a breach of Sections 31 and 37, as the case may be, of the Act. That necessarily means, that in the instant case the increase in the FSI to 2 without obtaining approval of the State Government, is not only a breach of regulation 159 but also of Sections 31(6) and 37(2) of the Act. In that view of the matter and in view of the well settled law that the doctrine of promissory estoppel cannot be invoked to compel the public bodies or the Government to carry out the representation or promise which is contrary to law ....... + More
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1995 (4) TMI 317
... ... ... ... ..... volved is small, we are not inclined to interfere in this matter. Appeal is dismissed.
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1995 (4) TMI 316
... ... ... ... ..... employment to travel from the staff quarters to the South Block in the SPG vehicle according to the official arrangement. In our opinion, the meaning of the expression actual VIP security duty in the above circular must be the same as that of the words in the course of the employment in the Workmen's Compensation Act; and, therefore, the test for determining the liability for payment under the circular should also be the same. In our view, the tribunal was in error in making an unduly strict and narrow construction of ....... + More
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1995 (4) TMI 315
... ... ... ... ..... writ appeal deserves to be allowed, it hereby dismissed as having become infructuous, as the writ petition itself is hereby finally disposed of. No costs either in the writ petition or in this writ appeal. 7. Immediately after pronouncing the judgment, learned counsel for the first respondent herein, i.e., writ petitioner, made an oral request for a certificate of fitness to file appeal before the Supreme Court. 8. We are of the view that no substantial question of law of general importance is involved in the case. Therefo....... + More
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1995 (4) TMI 314
... ... ... ... ..... trued to mean that the High Court in deciding the question of winding up of the company has to take into account the opinion of the Board forwarded to it under sub-section (1) and is not to abdicate its own function of determining the question of winding up. So read, sub-section (2) does not suffer from any infirmity. This in substance is the view taken by the High Court in the impugned order. 3. The special leave petition is, therefore, dismissed.
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1995 (4) TMI 313
... ... ... ... ..... be bound by the judgment in the earlier declaratory suit but if he finds that such an inference cannot be drawn he would be bound by the said judgment till it is set aside by the competent Court in an appropriate proceeding. 16. In the result, the appeal is allowed, the judgment of the High Court dated February 23,1982 as well as the order dated June 8,1971 passed by the Deputy Director (Consolidation) dismissing the revision filed by the respondent are set aside and the matter is remitted to the Deputy Director (Consolida....... + More
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1995 (4) TMI 312
... ... ... ... ..... he Tribunal. Therefore, while we dismiss this appeal in the facts of this case we must make it clear that in an appropriate case where the evidence is properly laid the issue may require serious consideration. The appeal is, therefore, dismissed with no order as to costs.
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1995 (4) TMI 311
... ...
... ... ..... Reddy, JJ. ORDER Appeal dismissed.
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1995 (4) TMI 310
... ... ... ... ..... . The disallowance was made by the Assessing Officer on the ground that the sister-concerns have been held to be non-genuine concerns and income of the said sister-concerns was clubbed in the hands of the main firm. Consequently, interest paid to them was also disallowed after considering the interest received from such inter-firm. The Commissioner (Appeals) deleted the said disallowance on the ground that all the four sister-concerns have been held to be genuine concerns and their income has been held to be separately ass....... + More
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1995 (4) TMI 309
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... ... ..... wami, JJ. ORDER Appeal dismissed.
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1995 (4) TMI 307
... ... ... ... ..... hed. Interlocutory orders are interfered with. At every step, there will be revisions and applications for quashing and writ petitions. In short, no progress is ever allowed to be made. And if ever the case reaches the stage or trial after all these interruptions, the time would have taken its own toll the witnesses are won over; evidence disappears; the prosecution loses interest - the result is an all too familiar one. We are sad to say that repeated admonitions of this Court have not deterred superior courts from interf....... + More
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1995 (4) TMI 306
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... ... ..... anohar, JJ. ORDER Appeal dismissed.
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1995 (4) TMI 305
... ... ... ... ..... se in this case from different persons including lawyers and published them even before arguments before us began. A few others indulged in yellow journalism and started gossiping about the Chief Justice as well as this Bench. Their object was very clear. We are, the least interested in bouquets to brickbats but we are keen on upholding the majesty and dignity of this Court. We cannot tolerate publications which scandalise or tend to scandalise or lower or tend to lower the authority of this Court or interfere or tend to i....... + More
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1995 (4) TMI 304
... ...
... ... ..... and circumstances of the case, we decline to admit the appeal.
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1995 (4) TMI 303
... ... ... ... ..... el, there can be no distinction between actual interest paid and accrual notional interest. 17. We are unable to concede this submission. According to us, no tenant would be prepared to pay to a landlord, who makes construction from his own fund, but would like to charge higher rent on the ground that if he would have invested the amount elsewhere he would have earned interest. As the landlord would be earning rent on the investment made by him in the construction of the building, we are of the view that it would not be ac....... + More
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1995 (4) TMI 302
... ... ... ... ..... o p /o p (iv) Even though the order issued by the State Government determining price for each factory is upheld but since in consequence of the order passed by the High Court an interim order was granted by this Court and the factories were directed to pay ₹ 600/- to the cane growers and they were directed to furnish bank guarantee for ₹ 145/- it is directed that the amount paid by the factories shall not be liable to recovery from the cane growers. But the bank guarantee furnished by the appellants or sugar fa....... + More
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1995 (4) TMI 301
... ...
... ... ..... nkataswami, JJ. ORDER Appeal dismissed.
