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Case Laws
Showing 21 to 40 of 465 Records
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1997 (2) TMI 579
... ... ... ... ..... el for the defendants that a perusal of clause 22 would show that this agreement was terminable. The said agreement has been terminated validly under clause 22 in view of the fact that the plaintiff has not complied with the stipulations as contained in paragraph 12 of the agreement. Therefore, it is submitted by the Counsel for the defendant that even on merits the plaintiff is not entitled to any relief. Not only is the plaintiff not entitled to any relief in this Notice of Motion, it is argued by the Counsel for the def....... + More
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1997 (2) TMI 578
... ... ... ... ..... w that the assessee is entitled to the claim of brokerage and discount. 19. With regard to the claim for interest, the learned representatives of the parties had stated that it is linked with the genuineness of the cash credits and admission of the additional evidence. It was submitted that opinion on the point can be expressed only after a decision is arrived at about admission of additional evidence and genuineness of the cash credits. In the back drop of these facts, it would be premature to express any opinion on the a....... + More
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1997 (2) TMI 577
... ... ... ... ..... ndustrial Corporation 1992 ISJ (Banking) 129, and hence, the proceedings against the petitioner are liable to be quashed and accordingly quashed. 13. The other contention of the learned counsel for the petitioner that the observation of the learned Magistrate that he is not having power to drop the proceedings, once he issued summons for the appearance of the accused is also incorrect in view of the decision of the apex Court as well as this Court in K. M. Mathew's case and Mutthinedi Ramakrishna Chowdary's case, 1....... + More
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1997 (2) TMI 576
... ... ... ... ..... erson with papers to the office of the Government Pleader. However, while the appellant cannot be held responsible for his client's failure to attend the office, the appellant cannot shift the blame entirely on his staff. As the head of the office it was his responsibility to make sure that the work is properly attended to and the staff performs its functions properly and diligently. The appellant has, therefore, rightly been held guilty of negligence. However, in the absence of any moral turpitude or delinquency on hi....... + More
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1997 (2) TMI 575
... ... ... ... ..... ister and noting the reference number of the Register and place of attestation in the affidavits). The concerned authorities shall also ensure due observance of the Rules relating to Oath Commissioner/Notaries, which require the submission of quarterly reports by the Oath Commissioner and returns is Form XIV by Notaries and inspection of their registers by the person authorised. To avoid invalidation of acts already done, the directions contained herein shall be effective prospectively. 10. In this case, having regard to t....... + More
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1997 (2) TMI 574
... ... ... ... ..... e nature of the land. On the other hand, the matter was kept at large. At that stage, the acquisition proceedings were initiated. As a consequence, no further action has been taken by the Deputy Commissioner. Consequently, the entire issue was at large. Obvious therefore, that when there was conflict of decisions between two learned single Judges, the Division Bench has gone into the question. But, it had not properly considered the effect of the provisions of the Act and came to the conclusion that the explanation of '....... + More
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1997 (2) TMI 573
... ... ... ... ..... We are not impressed. The plaintiff has paid only a sum of ₹ 5,000/- in December, 1978 as against the consideration of ₹ 60,000/-. The Trial Court dismissed the suit for specific performance on 4.9.1982, while decreeing the refund of their earnest money. Defendant No.4 purchased the suit house on November 19, 1982 for a consideration of ₹ 90,000/-. May be, he knew he was purchasing litigation and probably it was for that reason that he may not have paid the full amount of the value. In any event, we canno....... + More
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1997 (2) TMI 572
... ... ... ... ..... plements intended for agriculture purpose and it is supplying them to its members, namely, A class member societies. 11. We, therefore, find that the situation available in this case is entirely different from the facts of the case of Assam Co-operative Apex Marketing Society Ltd. (supra). In the above case, the Supreme Court had to consider marketing of agricultural produce of the members of the society and not sale to members of the society. So was the case in Kerala State Co-operative Marketing Federation Ltd. (supra ) ....... + More
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1997 (2) TMI 571
... ... ... ... ..... epartmental proceedings cannot be upheld and must be set aside. The Tribunal was also not right in taking the view that even though the second charge of misappropriation of the sums of ₹ 379 and ₹ 799 realised as customs duty was established, the punishment of compulsory retirement that was imposed on the respondent could not be sustained. Having regard to the fact that the second charge related to misappropriation of funds for which the punishment of compulsory retirement could be imposed by the Tribunal, in e....... + More
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1997 (2) TMI 570
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... ... ..... l, JJ. ORDER Appeal dismissed.
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1997 (2) TMI 569
... ... ... ... ..... on the same factual situation. Mr. Janarthana Raja submitted that the question, atleast, can be referred to a Full Bench so that there can be an authoritative view on this point. It is also not possible to accept the contention of Mr. Janarthana Raja, learned counsel for the assessee for the reason that the decision of this Court in Tax Case No. 1410 of 1982 was rendered on the same facts found by the Tribunal for the asst. yr. 1978-79. Since there are no new facts and no materials which have come into existence warranting....... + More
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1997 (2) TMI 568
... ... ... ... ..... imary or material facts for effecting the assessment. On this basis, the division bench held that the proceedings initiated under Section 147 of the Income Tax Act were unsustainable and without jurisdiction. Heard counsel and perused the relevant records. We are of the view that the finding of the division bench that all primary or material facts were placed before the officer during the original assessment is unassailable. In such circumstances, notice issued to the respondent/assessee under Section 147 of the Act cannot....... + More
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1997 (2) TMI 567
... ... ... ... ..... at the preliminary scrutiny reveals that the real nature of the expenditure of ₹ 14,834 is of entertainment. He has worked the disallowance as follows - Rs. As shown in tax Audit report 404 As shown staff welfare expenses 619 As claimed business expenses 18,834 19,857 Less Basic Deduction 5,000 Added in total income 15,857 (sic) 11. We find that the CIT (Appeals) has not done any scrutiny on his own and he deleted the addition only on the basis of the certificate given by the General Manager, which the Revenue arraig....... + More
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1997 (2) TMI 566
... ... ... ... ..... cise customs duty that would become opening stock of the following year and at that time, the revenue should not disallow that part of the closing stock to the extent of excise customs duty by invoking section 43B of the Act. The assessee had raised the issue of closing stock should not include any part of excise customs duty that was paid in the year even if, the stock on which it was paid, still remains unsold. This was considered in paragraph 11 earlier and the contention of the assessee was accepted. Because, the direc....... + More
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1997 (2) TMI 565
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... ... ..... oornan, JJ. ORDER Appeal dismissed.
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1997 (2) TMI 564
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... ... ..... rnan, JJ. ORDER Appeal dismissed.
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1997 (2) TMI 563
... ... ... ... ..... 2 have in fact violated the other of injunction or not. In our opinion, it would be an unnecessary and empty formality. Accordingly, we allow the appeals and set aside the judgment of the High Court dated November 1, 1996 in A.O.No.1407 of 1991. It is brought to our notice that respondents 4 and 5 in these appeals (Ashok Temkar and Kiran Patil) also claimed to be tenants of certain portions in the said building. Their claims have not been investigated by the High Court, probably in view of the finding on the aforesaid ques....... + More
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1997 (2) TMI 562
... ... ... ... ..... r the punishment awarded to the respondent was disproportionate to his misconduct. The impugned judgment and order of High Court, therefore, are unsustainable. 20. Coming to the next submission of the respondent that he was denied a reasonable opportunity by the Enquiry Officer, we find that the same is devoid of any merits. The respondent was unable to illustrate in what manner he was denied a reasonable opportunity. 21. The impugned orders made in the review applications filed by the appellants are also unsustainable. In....... + More
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1997 (2) TMI 561
... ... ... ... ..... refrain from carrying on competitive business in the commodities in respect of the agency terminated, or for loss of goodwill, is, prima facie, of the nature, of a capital receipt. 35. Now the question remains to be decided is Whether the amount of ₹ 11 lakhs, received by the assessee can be said to be profit from his employment? We answer this question in the negative. The reason is, it was not a remuneration or reward or return for his services in any sense of the word. The fact of employment was the cause without ....... + More
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1997 (2) TMI 560
... ... ... ... ..... efects, but the assessee refused to compromise the desired quality standard and, accordingly, demanded the advances that were paid earlier. In the case of the second item of ₹ 3,00,000 it remains a principal even now and there has been increase in the turnover of their products and the arrangement continued. With a view not to agitate the issue any further, the amounts were written off. The last item was the amount that was refused to be paid by Andhra Pradesh State Electricity Board. The rival contentions in regard ....... + More
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