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2000 (9) TMI 1092
... ... ... ... ..... on that award could only be upto the amount claimed by the claimant. Hence High Court order granting compensation more than what is claimed cannot be said to be illegal or contrary to the provisions of the Act. Hence the review itself, as is confined for the aforesaid reasons, has no merit. 18. The faint submission was also made that example relied by the High Court for enhancing the compensation being agreement to sale should not have been relied. Firstly, we would not like to enter into this question as scope of review w....... + More
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2000 (9) TMI 1091
... ... ... ... ..... all the three accused were not produced from jail custody and some time either one or two accused were produced. Supplementary affidavit filed on behalf of the petitioners further shows that this Court has passed order in Cr. Misc. No. 4260/2000 to take action against the jail authority if the petitioners are not produced in Court and expedite the trial. 8. As the petitioners are in jail custody it is desirable that their trial should be expedited and for this their production from jail custody in Court on the date fixed i....... + More
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2000 (9) TMI 1090
... ... ... ... ..... ts to be heard and preparation of judgment once again. The very object underlined in Section 465 of the Code is that if on any technical ground any party to the criminal proceedings is aggrieved he must raise the objection thereof at the earliest stage. If he did not raise it at the earliest stage he cannot be heard on that aspect after the whole trial is over. 7. The premise adopted by the learned Single Judge of the High Court is patently erroneous. The Sessions Court which tried the case for the offence under Section 37....... + More
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2000 (9) TMI 1089
... ... ... ... ..... s, this Court or the High Court while deciding the sufficiency of the evidence would not resort to the perusal of the case diary and sit in appeal over the judgment of the investigating officer but as the Trial Magistrate is apparently shown to have recorded wrongly with respect to the facts allegedly noticed in the case diary, this Court vide order dated 17-7-1998 had no option but to direct the counsel of the respondent-State to produce the documents referred to in the report filed under Section 173 of the CrPC. 6. On pe....... + More
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2000 (9) TMI 1088
... ... ... ... ..... nd 11-1-2000 and 12-1-2000, therefore, unexplained delay adversely affected the continued detention of the petitioners. 19. Since we have found that the relevant and important material i.e. revocation of order of co-accused Arun Kumar Jain was not considered by the detaining authority while passing the detention order of the petitioners and there was also unexplained delay in disposal of representation of the petitioners, which vitiated the detention order and rendered continued detention of the petitioners illegal, we nee....... + More
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2000 (9) TMI 1087
... ... ... ... ..... iated by the State Bank of India, IIBI towards their claim against the Company in Liquidation. The OL is directed to make the aforesaid payment as expeditiously as possible and preferably within 8 (eight) weeks from today. (v) It is directed that the ratio between the secured creditor and the workers will be worked out by the Chartered Accountant namely H.Parikh Company. The CA will work out the ratio of distribution between the workers on the one hand and the secured creditors on the other hand and submit his report to th....... + More
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2000 (9) TMI 1086
... ... ... ... ..... M.L. Pattom boat was so attached to Ramankari Police Station. PW. 38 is the owner of the boat and he said PW1 was the driver of the boat. So, there is very strong possibility that PW1's boat would have been utilised for disposing of the body if 1st accused was the culprit. 19. We are not satisfied with the submission of the learned counsel for the appellant that the conviction of his client is solely based upon the testimony of witness PW 1 and his deposition is not corroborated in material particulars. The circumstant....... + More
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2000 (9) TMI 1085
... ... ... ... ..... gh Court, therefore, was entitled to correct the error which was based upon a construction of the aforesaid document. The different Clauses of the lease deed unequivocally indicates that the sum of ₹ 1,500/-p.m. was the consideration money for parting with the possession of the premises and allowing the Singer Sewing Machine to do business in the premises. 6. In the aforesaid premises, we are unable to accept the contention of Mr. Verma, learned senior counsel appearing for the appellant that the High Court committed....... + More
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2000 (9) TMI 1084
... ... ... ... ..... kgs. without any disclosure of country of origin etc. cannot be called contemporaneous imports. The quantity shown in that Bulletin is much less than the quantity imported by the appellants. We also note that the said Bulletin does not disclose the country of origin. Further, the appellants have imported the goods directly from the manufacturer in which case, the value of the goods is bound to be on the lower side. We also note that the Revenue has not adduced any evidence for rejection of the transaction value and the cer....... + More
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2000 (9) TMI 1083
... ... ... ... ..... allegedly for a song or at a throw away price. 26. The inaction of the appellants in approaching the Court, almost after three years of the impugned lease deed is an additional circumstance to doubt their bonafides in challenging the impugned action. During the pendency of the litigation between the parties, a huge project has actually, by now, come into existence where the production has also commenced. Respondent No. 5 is claimed to have spent a sum of ₹ 73.01 crores as of 30-10-1999 on the project. Interference at....... + More
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2000 (9) TMI 1082
... ... ... ... ..... rores within a period of four weeks from today. So far as the condition (b) imposed in paragraph 18 of the order, having considered the facts and circumstances of the case in hand and the object for which an accused is granted bail and the impossibility and/or severity of satisfying the said condition, we would alter the said condition (b) by directing that it would be open for the accused to furnish corporate guarantee to the extent mentioned in paragraph 18(b) of the aforesaid order to the satisfaction of the concerned M....... + More
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2000 (9) TMI 1081
... ... ... ... ..... s are barred by limitation on the date of issuance of the cheque dated 23-4-1989. But, the Court found that in respect of the alleged two time barred pro-notes, the accused has paid interest on various dates and thereby the pro-notes have not become time barred. In this case, the complainant has no case that the accused has paid interest on the amount borrowed from him in 1987 and there is valid acknowledgement of the debt within the period of limitation. As noticed earlier, since there was no acknowledgment of the debt be....... + More
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2000 (9) TMI 1080
... ... ... ... ..... exemption from payment of tax. The question of law raised is covered by Division Bench of this Court reported in the case of Hiralal Bhagwati 2000 161 CTR (Gujarat) Page 401. We, therefore, decline to entertain this appeal and accordingly the appeal is dismissed with no order as to costs.
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2000 (9) TMI 1079
... ... ... ... ..... -A was rightly invoked by Respondent No.i against Respondent No.2 and also against the vessel M.V. Af Tabish, which, according to Respondent No. I, is renamed as MM. Al Quamar and, which according to him, still belongs to its judgment-debtor Respondent No.2. Whether the said contention is right or wrong will have to be examined by the High Court under Order XXI Rule 58 of the C.P.C., as noted earlier. We say nothing on this factual aspect. All that we hold in the present proceedings is to the effect that the execufon petit....... + More
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2000 (9) TMI 1078
... ... ... ... ..... s started by the department, would not, in our view, come in the way of giving him the benefit of the assessment by the first Departmental Promotion Committee in his favour in the anterior selection. There is. therefore, no question of referring the matter to a larger Bench. In the SLP, we have not thought it fit to send matter back to the Division Bench which had dismissed the appeal as time barred and on the ground that the Advocate was not present. In our view, this is not a fit case to remand the matter to the High Cou....... + More
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2000 (9) TMI 1077
... ... ... ... ..... f votes. No other point was raised before us. 13. The learned Single Judge of the High Court dismissed the election petition on deciding Issue No. 5, which was treated as a preliminary issue and read thus Whether the election petition lacks in material facts and particulars, necessary to constitute complete cause of action for setting aside of the election of the respondent No. 1, within the meaning of Section 83, read with Sections 100(1)(d)(iv) and 123 of the Representation of People Act.? For what we have said above, th....... + More
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2000 (9) TMI 1076
... ... ... ... ..... tablished that it was 'necessary' in the earlier suit to decide the question of title for granting or refusing injunction and that the relief for injunction was founded or based on the finding of title. Even the mere framing of an issue on title may not be sufficient as pointed out in that case. Thus, it was open to the statutory authorities under the 1911 Act to go into the collusive nature of the suit in the proceedings under Section 7 of the 1911 Act as stated above. The High Court has not gone into the merits o....... + More
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2000 (9) TMI 1075
... ... ... ... ..... In the meantime the licensee purchased the property from the owner. This Court held that even though the licensee may have purchased the property from the registered owner, still the licensee could not, deny the title of the lessor. This Court held that the licensee must first surrender possession and seek his remedy separately in case he has acquired title. There could be no dispute with the proposition of law. But they have no application so far as Swaroop Sonar and the purchasers under sale deeds of 12th October 1942 an....... + More
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2000 (9) TMI 1074
... ... ... ... ..... t under Article 22(5) must be taken recourse to in establishing the basic fact and particularly in arriving at the requisite satisfaction leading to the making of the order of detention and it must be communicated to the detenu with a view to enabling him to make an effective representation there against. 32. In that view of the matter it is neither for the detaining authority nor for this Court to consider as to whether any prejudice has been caused to the detenu or not by reason of non-supply of documents in the language....... + More
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2000 (9) TMI 1073
... ... ... ... ..... ous steps to deal with the complaints fited before them and not keep them pending for years. It would defeat the object of the Act if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Steps in this direction are required to be taken in the right earnest. We, therefore, accept this appeal, set aside the impugned order of the National Consumer Forum and remand the complaint filed by the appellant to the National Consumer Forum for its disposal in accordance with law. We....... + More
