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1996 (8) TMI 568
... ... ... ... ..... ion in Section 26(1) and (2) of the Act I that the transfer is not rendered void and that it is only a voidable transaction. In the present case also, the transfer effected by the 4th defendant in favour of the plaintiff under Ex.A-11 deed of transfer is not a void transaction, but only a voidable transaction. Therefore, the plaintiff cannot be barred from filing the suit on the basis of Ex. A-11 deed of assignment to recover the amour is due from the defendants 1 to 3. The lower Court has clearly erred in dismissing the s....... + More
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1996 (8) TMI 567
... ... ... ... ..... ed in the light of the dismissal of Civil Appeal No. 2858 of 1977, dated 2nd May, 1989.
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1996 (8) TMI 566
... ... ... ... ..... vehemently stated that this Court should call upon the Registrar of the Patna High Court to explain and it is no part of his duty to explain as to how he obtained a copy of the document. To say the least, we are surprised at the attitude of the appellant's counsel in totally refusing to disclose the source from which the appellant obtained a copy of the document. In our opinion, the appellant and his counsel owe a duty to this Court to disclose the source or circumstances under which the said document dated 4.4.1996 wa....... + More
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1996 (8) TMI 565
... ... ... ... ..... ce. We have here two extremes of approach by the AC and the Ld. Collector (Appeals). What was required to be done was to conduct an enquiry in terms of Collector (Appeals) order dated 24.12.1993 which had legally acquired finality. Since this has not been done we hold that the Ld. lower authority's order is not proper and we therefore, set aside the same and remand the matter to the original authority for de novo decision in the light of our observations above. 18. The appeal of the Revenue is therefore allowed by rema....... + More
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1996 (8) TMI 564
... ... ... ... ..... Consequently, the award is modified arid is made a rule of the Court as per the above terms. Suit and is are disposed of. 21.There shall be a decree 1. directing the objector, M/s. Bry Air (India) Pvt. Ltd. to pay the claimant, M/s. Ram Bahadur Thakur (P) Ltd. the sum of ₹ 3,30,00-; 2. directing the seller to pay interest @ 10% per annum on Rs l,32,000.00 from 1.1.85 up to the date of payment; 3. directing the objector to pay interest @ 10% per annum on Rs. l,98,000.00 from 1.11.85 up to the date of payment; 4. direc....... + More
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1996 (8) TMI 563
... ... ... ... ..... right to claim compensation in respect of the acquired land claiming interest in the land which his predecessor-in-title had. In support thereof, he placed reliance on the judgments of this Court in State of U.P. v. Smt. Pista Devi and Ors. 1986 3 SCR 743; Gian Chand v. Gopala and Ors. 1995 1 SCR 412; Mahavir and Anr. v. Rural Institute, Amravati and Anr., (1995) 5 SCC 335 and Laxmi Engineering Works v. P.S. G. Industrial Institute 1995 3 SCR 174. We need not deal at length with this issue as is the settled legal position........ + More
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1996 (8) TMI 562
... ... ... ... ..... evenue approached the Tribunal and the Tribunal following the decision in Appeal No. 392 (Gau.) of 1987, without discussing independently about the present case allowed the appeal preferred by the revenue. Thereafter, the assessee requested the Tribunal to refer the above question which was refused. Situated thus, the assessee filed application before this Court which was numbered as Civil Rule No. 1(M) of 1994. By order dated 21-3-1994, this Court directed the Tribunal to refer the above question for opinion. Hence, the p....... + More
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1996 (8) TMI 561
... ... ... ... ..... t in favour of plaintiff and said Roori. The said succession certificate and rights flowing therefrom cannot be ignored. Admittedly no attempt has been made by defendant Nos. 1 to 4 to annul the succession certificate on the grounds available under the Succession Act. The Additional District Judge committed serious error of law in not considering the said Will and the succession certificate in question which unequivocally clinches the matter and thereby the ultimate judgment of the Additional District Judge is vitiated. Th....... + More
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1996 (8) TMI 560
... ... ... ... ..... atter for the bank to decide. This order does not preclude the petitioner Corporation from adopting such remedies as are open to it under law, including civil suits, for establishing its claims and contentions. Similarly, this order does not preclude the Government, Collector or any other authority from recovering the amounts which they claim are due to them either from respondents 3 and 4 or from any other person liable in that behalf in accordance with the procedure prescribed by law. If any proceedings are already initi....... + More
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1996 (8) TMI 559
... ... ... ... ..... order dated 21st March 1996 the interim stay of the impugned demands was continued subject to the condition that the appellants shall pay 50% of the arrears of the demand within eight weeks and will continue to pay 50% of the future demand. ..... ...... ...... Even if the appellants succeeded they will be entitled to refund of the amount paid by them with interest at the rate of 12%. In view of this interim order, as the appellants have succeeded in these appeals as aforesaid in getting the impugned demands quashed the res....... + More
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1996 (8) TMI 558
... ... ... ... ..... on video films etc. as mandated under Section 52A do not find place, it would be infringement of copyright. 12. In our view, on the facts in this case, the offence would fall under Section 68A of the Act. Accordingly, the conviction of the respondent is altered to one under Section 68A. There would be no prejudice to the respondent. In view of the facts and circumstances, we are of the opinion that instead of imposing a sentence of imprisonment, sentence of fine of a sum of ₹ 10,000 would meet the ends of justice. Th....... + More
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1996 (8) TMI 557
... ... ... ... ..... of the decree for execution on the ground of delay in payment or for unreasonable stand taken in execution ? In our view, the executing Court has exceeded its jurisdiction and the order is one without jurisdiction and is thereby a void order. It true that the High Court normally exercises its revisional jurisdiction under Section 115, CPC but once it is held that the executing Court has exceeded its jurisdiction, it is but the duty of the High Court to correct the same. Therefore, we do not find any illegally in the order ....... + More
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1996 (8) TMI 556
... ... ... ... ..... uld appear that in the course of his argument learned Counsel was somewhat more emphatic than the High Court would have wished, but the observations were not called for. 2. Needless to say, the appeal is not contested. 3. The appeal is allowed. The observations against the appellant personally in the paragraphs of the judgment aforementioned are set aside and shall be deemed to stand deleted. 4. There shall be no order as to costs.
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1996 (8) TMI 555
... ... ... ... ..... er 3/5, 1990, were only to give preference to a few creditors, respondents Nos. 4 to 76 who have paid not a single pie. The procedure for selling the property of the company, namely passing of the resolution and authorising the directors, has not been followed in this case. An agreement dated December 11, 1990, has also been entered into nullifying the sale that if the dues are paid then they will again execute the sale deed in favour of the company. This shows that preference was given to these creditors excluding other c....... + More
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1996 (8) TMI 554
... ... ... ... ..... t document Exhibit B-42 was not a valid document but the High Court, for justifiable reasons did not go into the merits of the question. The High Court has left the point open to be agitated by the parties concerned before the proper forum at the appropriate stage. We see no ground to interfere with the conclusions reached by the High Court. 8. Mr. D.D. Thakur also raised an additional point. According to him the Act was amended after December 21, 1970 when the lease was granted to the appellant. The precise contention is ....... + More
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1996 (8) TMI 553
... ... ... ... ..... the crown corks there is another Tribunal's decision in the case of present respondents themselves reported in 1992 (59) E.L.T. 327 (Tribunal) wherein the Tribunal had held that the provisions of Rule 57D have to be applied with reference to the nature and description of the inputs and the Tribunal held that on these consideration inputs which are in the nature of discrete articles like crown corks when damaged or rendered unfit for use during the manufacture of the final product will constitute waste which no doubt, m....... + More
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1996 (8) TMI 552
... ... ... ... ..... oor No.1/53. In the deposition he had stated that he had mentioned the same, in his plaint, but it is not SO. It is also a false plea as found correctly by the teamed Judge. The above three circumstances are sufficient to uphold the refusal of specific performance, It has been held by this Court repeatedly that a person who has come to Court with a false plea is not entitled to the equitable relief of specific performance, In addition, the Division Bench also agreed with the Learned single Judge and held that the third res....... + More
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1996 (8) TMI 551
... ... ... ... ..... t should be mandatory for the requisitioning authority/establishment to intimate the employment exchange, and employment exchange should sponsor the names of the candidates to the requisitioning departments for selection strictly according to seniority and reservation, as per requisition. In addition, the appropriate department or undertaking or establishment should call for the names by publication in the newspapers having wider circulation and also display on their office notice boards or announce on radio, television an....... + More
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1996 (8) TMI 550
... ... ... ... ..... r the said newly added wall. 18. Furthermore, OS. No. 195/74 is decreed to the effect declaring that the wall HJV belongs to the plaintiff. It is made clear that such a right of the plaintiff is subject to the rights of the defendants by prescriptive easement which are elaborately dealt with in the Judgment and without detrimental to such rights and interests of the defendants. It is also made clear that the plaintiff shall not do anything in dealing with his wall as above so as to cause obstruction or damage or affecting ....... + More
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1996 (8) TMI 549
... ... ... ... ..... on (ii) of Section 3, such narrow reading would lead to the provision being rendered otiose. It has to be borne in mind that the primary purpose of the Act is to build a Labour Welfare Fund, a measure well deserved for the Labour, and the excise duty imposed is in the nature of a cess to achieve that purpose. So the provision by its own compulsion requires to be construed widely as otherwise the purpose of legislation would be frustrated. Therefore limestone used by an owner extracted from his mine, for any purpose relatab....... + More